§ 226.212 50 CFR Ch. II (10–1–10 Edition) [70 FR 52536, Sept. 2, 2005] are included in paragraphs (i) through (u) of this section, and these descrip- § 226.212 Critical habitat for 13 tions are the definitive source for de- Evolutionarily Significant Units termining the critical habitat bound- (ESUs) of salmon and steelhead aries. General location maps are pro- (Oncorhynchus spp.) in Washington, Oregon and Idaho. vided at the end of each ESU descrip- tion (paragraphs (i) through (u) of this Critical habitat is designated in the section) and are provided for general following states and counties for the guidance purposes only, and not as a following ESUs as described in para- definitive source for determining crit- graph (a) of this section, and as further ical habitat boundaries. described in paragraphs (b) through (g) (a) Critical habitat is designated for of this section. The textual descrip- the following ESUs in the following tions of critical habitat for each ESU states and counties: ESU StateÐCounties (1) Puget Sound chinook salmon ................................................ WAÐClallam, Jefferson, King, Mason, Pierce, Skagit, Snoho- mish, Thurston, and Whatcom. (2) Lower Columbia River chinook salmon ................................. (i) ORÐClackamas, Clatsop, Columbia, Hood River, and Mult- nomah. (ii) WAÐClark, Cowlitz, Klickitat, Lewis, Pacific, Skamania, and Wahkiakum. (3) Upper Willamette River chinook salmon ............................... (i) ORÐBenton, Clackamas, Clatsop, Columbia, Lane, Linn, Marion, Multnomah, Polk, and Yamhill. (ii) WAÐClark, Cowlitz, Pacific, and Wahkiakum. (4) Upper Columbia River spring-run chinook salmon ................ (i) ORÐClatsop, Columbia, Gilliam, Hood River, Morrow, Mult- nomah, Sherman, Umatilla, and Wasco. (ii) WAÐBenton, Chelan, Clark, Cowlitz, Douglas, Franklin, Grant, Kittitas, Klickitat, Okanogan, Pacific, Skamania, Wahkiakum, Walla Walla, and Yakima. (5) Hood Canal summer-run chum salmon ................................. WAÐClallam, Jefferson, Kitsap, and Mason. (6) Columbia River chum salmon ................................................ (i) ORÐClatsop, Columbia, Hood River, and Multnomah. (ii) WAÐClark, Cowlitz, Klickitat, Lewis, Pacific, Skamania, and Wahkiakum. (7) Ozette Lake sockeye salmon ................................................ WAÐClallam. (8) Upper Columbia River steelhead ........................................... (i) ORÐClatsop, Columbia, Gilliam, Hood River, Morrow, Mult- nomah, Umatilla, and Wasco. (ii) WAÐAdams, Benton, Chelan, Clark, Cowlitz, Douglas, Franklin, Grant, Kittitas, Klickitat, Okanogan, Pacific, Skamania, Wahkiakum, Walla Walla, and Yakima. (9) Snake River Basin steelhead ................................................ (i) IDÐAdams, Blaine, Clearwater, Custer, Idaho, Latah, Lemhi, Lewis, Nez Perce, and Valley. (ii) ORÐClatsop, Columbia, Gilliam, Hood River, Morrow, Mult- nomah, Sherman, Umatilla, Union, Wallowa, and Wasco. (iii) WAÐAsotin, Benton, Clark, Columbia, Cowlitz, Franklin, Garfield, Klickitat, Pacific, Skamania, Walla Walla, Wahkiakum, and Whitman. (10) Middle Columbia River steelhead ........................................ (i) ORÐClatsop, Columbia, Crook, Gilliam, Grant, Hood River, Jefferson, Morrow, Multnomah, Sherman, Umatilla, Union, Wallowa, Wasco, and Wheeler. (ii) WAÐBenton, Clark, Cowlitz, Columbia, Franklin, King, Kittitas, Klickitat, Lewis, Pacific, Pierce, Skamania, Wahkiakum, Walla Walla, and Yakima. (11) Lower Columbia River steelhead ......................................... (i) ORÐClackamas, Clatsop, Columbia, Hood River, Marion, and Multnomah. (ii) WAÐClark, Cowlitz, Klickitat, Lewis, Pacific, Skamania, and Wahkiakum. (12) Upper Willamette River steelhead ....................................... (i) ORÐBenton, Clackamas, Clatsop, Columbia, Linn, Marion, Multnomah, Polk, Tillamook, Washington, and Yamhill. (ii) WAÐClark, Cowlitz, Pacific, and Wahkiakum. (13) Oregon Coast coho salmon ................................................. ORÐBenton, Clatsop, Columbia, Coos, Curry, Douglas, Lane, Oregon Lincoln, Polk, Tillamook, Washington, and Yamhill. (b) Critical habitat boundaries. Critical by the ordinary high-water line (33 habitat includes the stream channels CFR 319.11). In areas where ordinary within the designated stream reaches, high-water line has not been defined, and includes a lateral extent as defined the lateral extent will be defined by 462 VerDate Mar<15>2010 11:01 Jan 05, 2011 Jkt 220227 PO 00000 Frm 00472 Fmt 8010 Sfmt 8010 Q:\50\220227.XXX ofr150 PsN: PC150 National Marine Fisheries Service/NOAA, Commerce § 226.212 the bankfull elevation. Bankfull ele- (iii) Juvenile and adult forage, in- vation is the level at which water be- cluding aquatic invertebrates and gins to leave the channel and move fishes, supporting growth and matura- into the floodplain and is reached at a tion. discharge which generally has a recur- (5) Nearshore marine areas free of ob- rence interval of 1 to 2 years on the an- struction and excessive predation with: nual flood series. Critical habitat in (i) Water quality and quantity condi- lake areas is defined by the perimeter tions and forage, including aquatic in- of the water body as displayed on vertebrates and fishes, supporting standard 1:24,000 scale topographic growth and maturation; and maps or the elevation of ordinary high (ii) Natural cover such as submerged water, whichever is greater. In estua- and overhanging large wood, aquatic rine and nearshore marine areas crit- vegetation, large rocks and boulders, ical habitat includes areas contiguous and side channels. with the shoreline from the line of ex- (6) Offshore marine areas with water treme high water out to a depth no quality conditions and forage, includ- greater than 30 meters relative to ing aquatic invertebrates and fishes, mean lower low water. supporting growth and maturation. (c) Primary constituent elements. With- (d) Exclusion of Indian lands. Critical in these areas, the primary constituent habitat does not include habitat areas elements essential for the conservation on Indian lands. The Indian lands spe- of these ESUs are those sites and habi- cifically excluded from critical habitat tat components that support one or are those defined in the Secretarial more life stages, including: Order, including: (1) Freshwater spawning sites with (1) Lands held in trust by the United water quantity and quality conditions States for the benefit of any Indian and substrate supporting spawning, in- tribe; cubation and larval development; (2) Land held in trust by the United (2) Freshwater rearing sites with: States for any Indian Tribe or indi- (i) Water quantity and floodplain vidual subject to restrictions by the connectivity to form and maintain United States against alienation; physical habitat conditions and sup- (3) Fee lands, either within or outside port juvenile growth and mobility; the reservation boundaries, owned by (ii) Water quality and forage sup- the tribal government; and porting juvenile development; and (4) Fee lands within the reservation (iii) Natural cover such as shade, sub- boundaries owned by individual Indi- merged and overhanging large wood, ans. log jams and beaver dams, aquatic (e) Land owned or controlled by the De- vegetation, large rocks and boulders, partment of Defense. Critical habitat side channels, and undercut banks. does not include any areas subject to (3) Freshwater migration corridors an approved Integrated Natural Re- free of obstruction and excessive preda- source Management Plan or associated tion with water quantity and quality with Department of Defense easements conditions and natural cover such as or right-of-ways. In areas within Navy submerged and overhanging large security zones identified at 33 CFR 334 wood, aquatic vegetation, large rocks that are outside the areas described and boulders, side channels, and under- above, critical habitat is only des- cut banks supporting juvenile and ignated within a narrow nearshore zone adult mobility and survival; from the line of extreme high tide (4) Estuarine areas free of obstruc- down to the line of mean lower low tion and excessive predation with: water. The specific sites addressed in- (i) Water quality, water quantity, clude: and salinity conditions supporting ju- (1) Naval Submarine Base, Bangor; venile and adult physiological transi- (2) Naval Undersea Warfare Center, tions between fresh- and saltwater; Keyport; (ii) Natural cover such as submerged (3) Naval Ordnance Center, Port and overhanging large wood, aquatic Hadlock (Indian Island); vegetation, large rocks and boulders, (4) Naval Radio Station, Jim Creek; side channels; and (5) Naval Fuel Depot, Manchester; 463 VerDate Mar<15>2010 11:01 Jan 05, 2011 Jkt 220227 PO 00000 Frm 00473 Fmt 8010 Sfmt 8010 Q:\50\220227.XXX ofr150 PsN: PC150 § 226.212 50 CFR Ch. II (10–1–10 Edition) (6) Naval Air Station Whidbey Island; areas defined in the following sub- (7) Naval Air Station, Everett; basins: (8) Bremerton Naval Hospital; (1) Nooksack Subbasin 17110004—(i) (9) Fort Lewis (Army); Upper North Fork Nooksack River Water- (10) Pier 23 (Army); shed 1711000401. Outlet(s) = North Fork (11) Yakima Training Center (Army); Nooksack River (Lat 48.9055, Long (12) Puget Sound Naval Shipyard; –121.9886) upstream to endpoint(s) in: (13) Naval Submarine Base Bangor se- Boyd Creek (48.8998, –121.8640); Canyon curity zone; Creek (48.9366, –121.9451); Cascade Creek (14) Strait of Juan de Fuca naval air- (48.8996, –121.8621); Cornell Creek to-surface weapon range, restricted