Endangered and Threatened Species; Take of Anadromous Fish, 82212-82213 [2010-32845]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 75, Number 249 (Wednesday, December 29, 2010)]
[Notices]
[Pages 82212-82213]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32845]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA110


 Endangered and Threatened Species; Take of Anadromous Fish

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 82213]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of availability and request for comment.

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SUMMARY: The Puget Sound Treaty Tribes and the Washington Department of 
Fish and Wildlife submitted to NMFS, pursuant to the protective 
regulations promulgated for Puget Sound Chinook salmon under Limit 6 of 
the Endangered Species Act (ESA) 4(d) Rule for salmon and steelhead, a 
jointly developed Resource Management Plan (RMP). The RMP specifies the 
future management of commercial, recreational, subsistence and tribal 
salmon fisheries potentially affecting listed Puget Sound Chinook 
salmon from May 1, 2010, through April 30, 2015. This document serves 
to notify the public of the availability for comment of the proposed 
evaluation of the Secretary of Commerce (Secretary) as to how the RMP 
addresses the criteria in Limit 6 of the ESA 4(d) Rule.

DATES: Written comments on the Secretary's proposed evaluation must be 
received at the appropriate address or fax number (see ADDRESSES) no 
later than 5 p.m. Pacific Standard Daylight Time on January 28, 2011.

ADDRESSES: Comments and requests for copies of the proposed evaluation 
should be addressed to Susan Bishop, Salmon Management Division, 
National Marine Fisheries Service, 7600 Sand Point Way, NE., Seattle, 
Washington 98115-0070, or faxed to (206) 526-6736. Comments on this 
proposed evaluation may be submitted by e-mail. The mailbox address for 
providing e-mail comments is 2010PSCHNKHARVEST.nwr@noaa.gov. Include in 
the subject line the following document identifier: ``2010 CHNK 
PSHARVEST proposed evaluation.'' The document is also available on the 
Internet at https://www.nwr.noaa.gov/Salmon-Harvest-Hatcheries/State-Tribal-Management/PS-Chinook-RMPs.cfm.

FOR FURTHER INFORMATION CONTACT: Susan Bishop at phone number: (206) 
526-4587, Puget Sound Harvest Team Leader or e-mail: 
susan.bishop@noaa.gov regarding the RMP.

SUPPLEMENTARY INFORMATION: This notice is relevant to the Puget Sound 
Chinook salmon (Oncorhynchus tshawytscha) Evolutionarily Significant 
Unit (ESU).

Electronic Access

    The full texts of NMFS' proposed evaluation and proposed 
determination are available on the Internet at the NMFS, Salmon 
Management Division Web site at: https://www.nwr.noaa.gov/Salmon-Harvest-Hatcheries/State-Tribal-Management/PS-Chinook-RMPs.cfm.

Background

    In April, 2010, the Puget Sound Treaty Tribes and the WDFW (co-
managers) provided a jointly developed RMP that encompasses Strait of 
Juan de Fuca and Puget Sound salmon fisheries affecting the Puget Sound 
Chinook salmon ESU. The RMP encompasses salmon and steelhead fisheries 
within the area defined by the Puget Sound Chinook salmon ESU, as well 
as the western Strait of Juan de Fuca, which is not within the ESU. The 
RMP is effective from May 1, 2010, through April 30, 2015. Harvest 
objectives specified in the RMP account for fisheries-related mortality 
of Puget Sound Chinook throughout its migratory range, from Oregon and 
Washington to southeast Alaska. The RMP also includes implementation, 
monitoring and evaluation procedures designed to ensure fisheries are 
consistent with these objectives.
    On July 10, 2000, NMFS issued a rule under section 4(d) of the ESA 
(referred hereafter as the 4(d) Rule), establishing take prohibitions 
for 14 salmon and steelhead ESUs, including the Puget Sound Chinook 
salmon ESU (50 CFR 223.203(b)(6); July 10, 2000, 65 FR 42422). In 2005, 
as part of the final listing determinations for sixteen ESUs of West 
Coast salmon, NMFS amended and streamlined the previously promulgated 
4(d) protective regulations for threatened salmon and steelhead (70 FR 
37160, June 28, 2005). Under these regulations, the same set of 
fourteen limits was applied to all threatened Pacific salmon and 
steelhead ESUs or Distinct Population Segments (DPS). As required by 
Sec.  223.203(b)(6) of the ESA 4(d) rule (50 CFR 223.203), the 
Secretary must determine pursuant to 50 CFR 223.209 (renumbered 50 CFR 
223.204) and pursuant to the government to government processes therein 
whether the RMP for Puget Sound Chinook would appreciably reduce the 
likelihood of survival and recovery of the Puget Sound Chinook and 
other affected threatened ESUs.

Authority

    Under section 4(d) of the ESA, 16 U.S.C. 1533(d), NMFS, by 
delegated authority from the Secretary of Commerce, is required to 
adopt such regulations as it deems necessary and advisable for the 
conservation of the species listed as threatened. The ESA salmon and 
steelhead 4(d) rule (65 FR 42422, July 10, 2000) specifies categories 
of activities that contribute to the conservation of listed salmonids 
or are governed by a program that adequately limits impacts on listed 
salmonids, and sets out the criteria for such activities. The rule 
further provides that the prohibitions of paragraph (a) of the rule do 
not apply to actions undertaken in compliance with a RMP developed 
jointly within the continuing jurisdiction of United States v. 
Washington by the State of Washington and the Tribes and determined by 
NMFS to be in accordance with the provisions of 50 CFR 223.203(b)(6), 
(i.e., Limit 6 of the salmon and steelhead 4(d) rule (65 FR 42422, July 
10, 2000)). In 2005, as part of the final listing determinations for 
sixteen Evolutionarily Significant Units of West Coast salmon, NMFS 
amended and streamlined the previously promulgated 4(d) protective 
regulations for threatened salmon and steelhead (70 FR 37160, June 28, 
2005). Under these regulations, the same set of fourteen limits was 
applied to all threatened Pacific salmon and steelhead ESUs or DPSs.

    Dated: December 22, 2010.
Susan Pultz,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2010-32845 Filed 12-28-10; 8:45 am]
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