Vol. 81 Wednesday, No. 36 February 24, 2016 Part II Department of Commerce National Oceanic and Atmospheric Administration 50 CFR Parts 223 and 226 Endangered and Threatened Species; Designation of Critical Habitat for Lower Columbia River Coho Salmon and Puget Sound Steelhead; Final Rule VerDate Sep<11>2014 18:19 Feb 23, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\24FER2.SGM 24FER2 mstockstill on DSK4VPTVN1PROD with RULES2 9252 Federal Register / Vol. 81, No. 36 / Wednesday, February 24, 2016 / Rules and Regulations DEPARTMENT OF COMMERCE Protected Resources, Silver Spring, MD, areas proposed for designation for Puget 301–427–8403. Sound steelhead included National Oceanic and Atmospheric SUPPLEMENTARY INFORMATION: approximately 2,031 mi (3,268 km) of Administration freshwater and estuarine habitat in Background Puget Sound, WA. We proposed to 50 CFR Parts 223 and 226 We are responsible for determining exclude a number of particular areas from designation because the benefits of [Docket No. 110726419–6003–02] whether species, subspecies, or distinct population segments (DPSs) are exclusion outweighed the benefits of RIN 0648–BB30 threatened or endangered and which inclusion and we determined that areas of their habitat constitute critical exclusion would not result in the Endangered and Threatened Species; habitat for them under the ESA (16 extinction of the DPSs. Designation of Critical Habitat for U.S.C. 1531 et seq.). To be considered The proposed rule (78 FR 2726, Lower Columbia River Coho Salmon for listing under the ESA, a group of January 14, 2013) provided background and Puget Sound Steelhead organisms must constitute a ‘‘species,’’ on the process and rationale we used to which is defined in section 3 to include identify critical habitat for lower AGENCY: National Marine Fisheries ‘‘any subspecies of fish or wildlife or Columbia River coho salmon and Puget Service (NMFS), National Oceanic and plants, and any distinct population Sound steelhead, including: the species’ Atmospheric Administration (NOAA), segment of any species of vertebrate fish biology and habitat use, the statutory Commerce. or wildlife which interbreeds when and regulatory aspects of critical habitat ACTION: Final rule. mature.’’ We have determined that a designations, and the methods and group of Pacific salmon populations criteria used to identify critical habitat. SUMMARY: We, the National Marine More details regarding life history and (including lower Columbia River coho) Fisheries Service (NMFS), issue a final habitat requirements of lower Columbia qualifies as a DPS if it is substantially rule to designate critical habitat for River coho and Puget Sound steelhead reproductively isolated and represents lower Columbia River coho salmon are found later in this final rule under an important component in the (Oncorhynchus kisutch) and Puget Species Descriptions and Area evolutionary legacy of the biological Sound steelhead (O. mykiss) pursuant to Assessments, as well as in the proposed species (56 FR 58612, November 20, the Endangered Species Act (ESA). The rule, agency status reviews (NMFS, 1991). A group of Pacific steelhead specific areas designated for lower 2001; NMFS, 2005a; NMFS, 2011), and populations qualifies as a DPS if it is Columbia River coho include a biological report supporting this markedly separate and significant to its approximately 2,300 mi (3,701 km) of rulemaking (NMFS, 2015a). freshwater and estuarine habitat in taxon (61 FR 4722, February 7, 1996; 71 Summary of Changes From the Oregon and Washington. The specific FR 834, January 5, 2006). In previous Proposed Critical Habitat Designation areas designated for Puget Sound rulemakings, we determined that lower steelhead include approximately 2,031 Columbia River coho (70 FR 37160, June After considering public comments mi (3,269 km) of freshwater and 28, 2005) and Puget Sound steelhead (72 received and updating the best scientific estuarine habitat in Puget Sound, WA. FR 26722, May 11, 2007) are each DPSs information available, in this final rule In developing this final rule we that warrant protection as threatened we have made the following changes considered public and peer review species under the ESA. We also from the proposed rule: (1) Added 74 comments, as well as economic and determined that critical habitat was not miles (119 km) of occupied habitat to other relevant impacts. We are determinable at the time of those final the critical habitat designation for lower excluding a number of particular areas listing decisions and announced that we Columbia River coho; (2) removed 82 from designation because the benefits of would designate critical habitat in miles (132 km) of areas incorrectly exclusion outweigh the benefits of separate rulemaking. identified as occupied by lower inclusion, and exclusion will not result Since the time of listing, the recovery Columbia River coho in the proposed in the extinction of the species. planning process has progressed for critical habitat designation; (3) added these two DPSs and additional new 101 miles (163 km) of occupied habitat DATES: This final rule becomes effective information is now available to better to the critical habitat designation for on March 25, 2016. inform the designation process. In view Puget Sound steelhead; (4) removed 27 ADDRESSES: Comments and materials of these developments, we published an miles (43 km) of areas incorrectly received, as well as supporting advance notice of proposed rulemaking identified as occupied by Puget Sound documentation used in the preparation (ANPR) on January 10, 2011 (76 FR steelhead in the proposed critical of this final rule, are available for public 1392), to make the public aware of the habitat designation; (5) designated inspection by appointment, during opportunity to provide us with critical habitat in 85 miles (137 km) of normal business hours, at the National comments and information that may be occupied steelhead habitat on the Kitsap Marine Fisheries Service, NMFS, useful in making proposed critical Peninsula originally proposed for Protected Resources Division, 1201 NE. habitat designations for these two DPSs. exclusion; and (6) corrected the Lloyd Blvd., Suite 1100, Portland, OR We received several comments and erroneous reference to the Puget Sound 97232–1274. The final rule, maps, and datasets in response to the ANPR and subbasin in our regulations. These other materials relating to these these were reviewed and incorporated changes from the proposed rule are designations can be found on our Web as appropriate into documents and discussed further below in the response site at http://www.westcoast.fisheries. analyses supporting our proposed rule to comments and summarized for each _ noaa.gov/habitat/critical habitat/ that was published on January 14, 2013 specific watershed in the range of the _ _ _ _ critical habitat on the wc.html. (78 FR 2726). The specific areas DPSs in Tables 1 and 2. FOR FURTHER INFORMATION CONTACT: proposed for designation for lower We are also adding regulatory text to Steve Stone, NMFS, West Coast Region, Columbia River coho included update the column labeled ‘‘Critical Protected Resources Division, at the approximately 2,300 mi (3,701 km) of habitat’’ in the table of threatened address above or at 503–231–2317; or freshwater and estuarine habitat in species in 50 CFR 223.102(e) to cross- Maggie Miller, NMFS, Office of Oregon and Washington. The specific reference this final critical habitat VerDate Sep<11>2014 18:19 Feb 23, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\24FER2.SGM 24FER2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 81, No. 36 / Wednesday, February 24, 2016 / Rules and Regulations 9253 designation for the lower Columbia Washington. In response to comments analysis demonstrating why it was River coho and Puget Sound steelhead and new datasets (Oregon Department of reasonable to conclude the species was DPSs. Fish and Wildlife [ODFW], 2015; present (professional judgment). A Washington Department of Fish and substantial number of modeled reaches Summary of Comments and Responses Wildlife [WDFW], 2015) obtained from did not have such annotation. Stream We requested comments on the these co-managers, we made numerous surveys and species mapping efforts are proposed rule and associated supporting minor edits to the data and maps ongoing for these species. As new reports to designate critical habitat for supporting the critical habitat information becomes available, we have lower Columbia River coho and Puget designations for lower Columbia River the ability to revise the critical habitat Sound steelhead. The draft biological coho and Puget Sound steelhead. Edits designations in the future, as report and draft economic analysis were included both removing and adding appropriate. also each reviewed by three peer stream reaches to better reflect the areas Comment 2: One commenter asserted reviewers. We received 22 individual that warrant designation as critical that we must identify sufficient habitat submissions in response to the proposed habitat. For coho we made 107 edits and to provide for the essential life cycle rule. All of the comments received, for steelhead we made 101 edits to needs of the species (foraging, migrating including those of two peer reviewers, stream reaches in our Geographic and overwintering areas) and that this expressed either general support for Information System (GIS) dataset. The may require designating habitat that is designating critical