Endangered and Threatened Species; Take of Anadromous Fish, 2390-2391 [05-756]

Download as PDF 2390 Federal Register / Vol. 70, No. 9 / Thursday, January 13, 2005 / Notices FOR FURTHER INFORMATION CONTACT: Elizabeth Stewart, Office of General Counsel, Architectural and Transportation Barriers Compliance Board, 1331 F Street, NW., suite 1000, Washington, DC 20004–1111. Telephone number (202) 272–0042 (Voice); (202) 272–0082 (TTY). E-mail stewart@access-board.gov. This document is available in alternate formats (cassette tape, Braille, large print, or computer disk). This document is also available on the Board’s Internet site (https://www.access-board.gov/caac/ meeting.htm). SUPPLEMENTARY INFORMATION: In 2004, as part of the outreach efforts on courthouse accessibility, the Access Board established a Federal advisory committee to advise the Access Board on issues related to the accessibility of courthouses, particularly courtrooms, including best practices, design solutions, promotion of accessible features, educational opportunities, and the gathering of information on existing barriers, practices, recommendations, and guidelines. On October 12, 2004, the Access Board published a notice appointing 31 members to the Courthouse Access Advisory Committee. 69 FR 60608 (October 12, 2004). Members of the Committee include designers and architects, disability groups, members of the judiciary, court administrators, representatives of the codes community and standard-setting entities, government agencies, and others with an interest in the issues to be explored. The Committee held its initial meeting on November 4 and 5, 2004. Members discussed the current requirements for accessibility, committee goals and objectives and the establishment of subcommittees. Minutes of the November meeting may be found on the Access Board Web site at https:// www.access-board.gov/caac/minutesnov04.htm. At the February meeting of the Committee, members will tour several courthouses in the Phoenix, AZ area. The members will then continue to address issues both as a full Committee and in subcommittees. Committee meetings are open to the public and interested persons can attend the meetings and communicate their views. Members of the public will have an opportunity to address the Committee on issues of interest to them and the Committee during public comment periods scheduled on each day of the meeting. Members of groups or individuals who are not members of the Committee are invited to participate on the subcommittees. The Access Board believes that participation of this VerDate jul<14>2003 17:46 Jan 12, 2005 Jkt 205001 kind can be very valuable for the advisory committee process. The meeting will be held at a site accessible to individuals with disabilities. Real-time captioning will be provided. Individuals who require sign language interpreters should contact Elizabeth Stewart by January 27, 2005. Notices of future meetings will be published in the Federal Register. Lawrence W. Roffee, Executive Director. [FR Doc. 05–698 Filed 1–12–05; 8:45 am] BILLING CODE 8150–01–P DEPARTMENT OF COMMERCE International Trade Administration North American Free-Trade Agreement, Article 1904; NAFTA Panel Reviews; Request for Panel Review NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce. ACTION: Correction to Notice of First Request for Panel Review. AGENCY: SUMMARY: The Notice of First Request in NAFTA Case No. USA–CDA–2004– 1904–02 published in the Federal Register on January 7, 2005 listed an incorrect date for filing of the complaints. The correct date for filing a complaint is January 26, 2005. Dated: January 7, 2005. Caratina L. Alston, United States Secretary, NAFTA Secretariat. [FR Doc. 05–688 Filed 1–12–05; 8:45 am] BILLING CODE 3510–GT–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 010605C] Endangered and Threatened Species; Take of Anadromous Fish National Marine Fisheries Service (NOAA Fisheries), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability and request for comments. AGENCY: SUMMARY: Notice is hereby given of the availability of a Routine Road Maintenance Program (RMP) that Washington County, Oregon has submitted pursuant to the Endangered Species Act (ESA). NOAA Fisheries promulgated a protective rule for 14 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 threatened salmon and steelhead Evolutionarily Significant Units (ESUs). The RMP would affect six ESUs of threatened salmonids identified in the SUPPLEMENTARY INFORMATION section of this document. The ESA 4(d) rule provides for limits on ESA take prohibitions for the various activities set out in the rule. The RMP addresses the limit for routine road maintenance activities of any state, city, county or port. This notice serves to notify the public of the availability of the Washington County RMP for review and comment before a final approval or disapproval is made by NOAA Fisheries. Written comments on the draft RMP must be received at the appropriate address or fax number (see ADDRESSES) no later than 5 p.m. Pacific Standard Time on February 14, 2005. ADDRESSES: Written comments should be sent to Dr. Nancy Munn, Habitat Conservation Division, National Marine Fisheries Service, 525 NE Oregon Street, Suite 500, Portland, OR 97232. Comments may also be faxed to 503– 231–6893. Copies of the entire RMP are available on the Internet at: https:// www.co.washington.or.us/limit10, or from the address posted on that site. Comments will not be accepted if submitted via email or the Internet. FOR FURTHER INFORMATION CONTACT: Dr. Nancy Munn at phone number: 503– 231–6269, or e-mail: nancy.munn@noaa.gov. DATES: This notice is relevant to the following six salmon ESUs: Chinook salmon (Oncorhynchus tshawytscha); threatened Upper Willamette River (UWR), and Lower Columbia River (LCR). Steelhead (Oncorhynchus mykiss); threatened Upper Willamette River (UWR), and Lower Columbia River (LCR). Coho salmon (Oncorhynchus kisutch); proposed as threatened Oregon Coast (OC). Chum salmon (Oncorhynchus keta); threatened Columbia River (CR). SUPPLEMENTARY INFORMATION: Background Washington County, Department of Land Use and Transportation, Operations and Maintenance Division, submitted the RMP for routine road maintenance activities that might affect certain salmonid ESUs listed or proposed as threatened within the boundaries of Washington County. The RMP was designed so that routine road maintenance activities would be E:\FR\FM\13JAN1.SGM 13JAN1 Federal Register / Vol. 70, No. 9 / Thursday, January 13, 2005 / Notices protective of salmonids and their habitat. As specified in the July 10, 2000, ESA 4(d) rule for salmon and steelhead (65 FR 42422) under limit 10(i), take prohibitions to threatened species of salmonids do not apply to routine road maintenance activities of a state, county, city or port that complies with a program that is substantially similar to that contained in the Oregon Department of Transportation (ODOT) Routine Road Maintenance Water Quality and Habitat Guide Best Management Practices (Guide, July 1999), and that is determined to meet or exceed the protections provided in the ODOT Guide. NOAA Fisheries may approve a routine road maintenance program of any state, city, county or port that contains management practices that are equivalent to or better than those in the ODOT Guide. Prior to final approval of a routine road maintenance program, NOAA Fisheries must publish notification in the Federal Register announcing the program’s availability for public review and comment. The Washington County RMP submittal includes a cover letter addressed to D. Robert Lohn, Regional Administrator of NOAA Fisheries, and a statement of commitment from Washington County to implement the RMP. In Part 1, the RMP provides the responsible entity and legal authority for the program and provides a description of the program, including a description of Washington County’s Riparian Management Areas and their gravel road maintenance and dust abatement program. In Part 2, the RMP provides a description of the geographic area to which the program applies, including an analysis of the environmental baseline of the watersheds of the lower Columbia River and the lower Willamette River, and Oregon coast tributaries that are within the City of Portland. Part 2 also includes maps (most found in Attachment 3) and tables that describe various habitat parameters such as culverts that block fish passage, riparian condition, and water quality condition. In Part 3 , the RMP describes the listed species distribution and status, referring to distribution maps for steelhead and chinook found in Attachment 4. A list of relevant reports is provided in Part 4. In Part 5, the RMP summarizes the training, monitoring, and reporting elements of the RMP. In Part 6, the RMP makes an affirmative conclusion that the program is substantially similar to or better than ODOT’s program, referring to a table in Attachment 1 that compares the two programs. VerDate jul<14>2003 17:46 Jan 12, 2005 Jkt 205001 The RMP defines what activities are routine road maintenance. These consist of maintenance activities that are conducted on currently serviceable structures, facilities, and equipment, involve no expansion of or change in use, and do not result in significant negative hydrological impact. Washington County’s best management practices (Attachment 2) includes some activities that differ from ODOT’s. These include best management practices for surface work, ditch shaping and cleaning, and sweeping/flushing. The RMP provides information in Attachment 1 to support the assertion that Washington County’s practices for these activities are as effective or more effective than ODOT’s practices at protecting fish and their habitat. Approval or disapproval of the RMP will depend on NOAA Fisheries’ findings after public review and comment. Authority Under section 4 of the ESA, the Secretary of Commerce is required to adopt such regulations as he deems necessary and advisable for the conservation of species listed as threatened. The ESA salmon and steelhead 4(d) rule (65 FR 424222, July 10, 2000) identifies specific categories of activities that contribute to the conservation of 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 activities associated with routine road maintenance provided that a state or local program has been approved by NOAA Fisheries to be in accordance with the salmon and steelhead 4(d) rule (65 FR 424222, July 10, 2000). Dated: January 7, 2005. Phil Williams, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 05–756 Filed 1–12–05; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Availability of Seats for the Gray’s Reef National Marine Sanctuary Advisory Council National Marine Sanctuary Program (NMSP), National Ocean Service (NOS), National Oceanic and Atmospheric Administration, Department of Commerce (DOC). AGENCY: PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 2391 Notice and request for applications. ACTION: SUMMARY: The Gray’s Reef National Marine Sanctuary (GRNMS or Sanctuary) is seeking applicants for the following newly-created and three vacant seats on its Sanctuary Adivsory Council (Council): Charter/commercial (for profit) Fishing (charter and commercial fishers), Sport Fishing (recreational hook-and-line and spear fishers), Sport Diving (divers, dive operators, dive clubs, and dive shops), and Regional Conservation. Applicants are chosen based upon their particular expertise and experience in relation to the seat for which they are applying; community and professional affiliations; philosophy regarding the protection and management of marine resources; and possibly the length of residence in the area affected by the Sanctuary. Applicants who are chosen as members should expect to serve 3-year terms, pursuant to the Council’s Charter. DATES: Applications are due by February 11, 2005. ADDRESSES: Application information may be obtained from Becky Shortland, 10 Ocean Science Circle, Savannah, Georgia 31406; telephone (912) 598– 2381; e-mail Becky.Shortland@noaa.gov. Letters of application should be sent to the attention of GRNMS Manager, Reed Bohne at the same address. FOR FURTHER INFORMATION CONTACT: Becky Shortland, 10 Ocean Science Circle, Savannah, Georgia 31406; telephone (912) 598–2381; e-mail Becky.Shortland@noaa.gov. SUPPLEMENTARY INFORMATION: GRNMS is one of the largest nearshore live-bottom reefs off the southeastern United States, encompassing approximately 17 square nautical miles. The area earned sanctuary designation in 1981. The sanctuary consists of a series of sandstone outcroppings and ledges up to 10 feet in height, in a predominantly sandy, flat-bottomed sea floor. The live bottom and ledge habitat support an abundant reef fish and invertebrate community. Loggerhead sea turtles, a threatened species, also use GRNMS year-round for foraging and resting, and the reef is within the known winter calving ground for the highly endangered Northern right whale. The GRNMS Advisory Council was established in August 1999 to provide advice and recommendations on management and protection of the sanctuary. The Council, through its members, also serves as liaison to the community regarding sanctuary issues, and represents community interests, E:\FR\FM\13JAN1.SGM 13JAN1

Agencies

[Federal Register Volume 70, Number 9 (Thursday, January 13, 2005)]
[Notices]
[Pages 2390-2391]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-756]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 010605C]


Endangered and Threatened Species; Take of Anadromous Fish

AGENCY: National Marine Fisheries Service (NOAA Fisheries), National 
Oceanic and Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of availability and request for comments.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given of the availability of a Routine Road 
Maintenance Program (RMP) that Washington County, Oregon has submitted 
pursuant to the Endangered Species Act (ESA). NOAA Fisheries 
promulgated a protective rule for 14 threatened salmon and steelhead 
Evolutionarily Significant Units (ESUs). The RMP would affect six ESUs 
of threatened salmonids identified in the SUPPLEMENTARY INFORMATION 
section of this document. The ESA 4(d) rule provides for limits on ESA 
take prohibitions for the various activities set out in the rule. The 
RMP addresses the limit for routine road maintenance activities of any 
state, city, county or port. This notice serves to notify the public of 
the availability of the Washington County RMP for review and comment 
before a final approval or disapproval is made by NOAA Fisheries.

DATES: Written comments on the draft RMP must be received at the 
appropriate address or fax number (see ADDRESSES) no later than 5 p.m. 
Pacific Standard Time on February 14, 2005.

ADDRESSES: Written comments should be sent to Dr. Nancy Munn, Habitat 
Conservation Division, National Marine Fisheries Service, 525 NE Oregon 
Street, Suite 500, Portland, OR 97232.
    Comments may also be faxed to 503-231-6893. Copies of the entire 
RMP are available on the Internet at: https://www.co.washington.or.us/
limit10, or from the address posted on that site. Comments will not be 
accepted if submitted via email or the Internet.

FOR FURTHER INFORMATION CONTACT: Dr. Nancy Munn at phone number: 503-
231-6269, or e-mail: nancy.munn@noaa.gov.

SUPPLEMENTARY INFORMATION: This notice is relevant to the following six 
salmon ESUs:
    Chinook salmon (Oncorhynchus tshawytscha); threatened Upper 
Willamette River (UWR), and Lower Columbia River (LCR).
    Steelhead (Oncorhynchus mykiss); threatened Upper Willamette River 
(UWR), and Lower Columbia River (LCR).
    Coho salmon (Oncorhynchus kisutch); proposed as threatened Oregon 
Coast (OC).
    Chum salmon (Oncorhynchus keta); threatened Columbia River (CR).

Background

    Washington County, Department of Land Use and Transportation, 
Operations and Maintenance Division, submitted the RMP for routine road 
maintenance activities that might affect certain salmonid ESUs listed 
or proposed as threatened within the boundaries of Washington County. 
The RMP was designed so that routine road maintenance activities would 
be

[[Page 2391]]

protective of salmonids and their habitat.
    As specified in the July 10, 2000, ESA 4(d) rule for salmon and 
steelhead (65 FR 42422) under limit 10(i), take prohibitions to 
threatened species of salmonids do not apply to routine road 
maintenance activities of a state, county, city or port that complies 
with a program that is substantially similar to that contained in the 
Oregon Department of Transportation (ODOT) Routine Road Maintenance 
Water Quality and Habitat Guide Best Management Practices (Guide, July 
1999), and that is determined to meet or exceed the protections 
provided in the ODOT Guide. NOAA Fisheries may approve a routine road 
maintenance program of any state, city, county or port that contains 
management practices that are equivalent to or better than those in the 
ODOT Guide. Prior to final approval of a routine road maintenance 
program, NOAA Fisheries must publish notification in the Federal 
Register announcing the program's availability for public review and 
comment.
    The Washington County RMP submittal includes a cover letter 
addressed to D. Robert Lohn, Regional Administrator of NOAA Fisheries, 
and a statement of commitment from Washington County to implement the 
RMP. In Part 1, the RMP provides the responsible entity and legal 
authority for the program and provides a description of the program, 
including a description of Washington County's Riparian Management 
Areas and their gravel road maintenance and dust abatement program. In 
Part 2, the RMP provides a description of the geographic area to which 
the program applies, including an analysis of the environmental 
baseline of the watersheds of the lower Columbia River and the lower 
Willamette River, and Oregon coast tributaries that are within the City 
of Portland. Part 2 also includes maps (most found in Attachment 3) and 
tables that describe various habitat parameters such as culverts that 
block fish passage, riparian condition, and water quality condition. In 
Part 3 , the RMP describes the listed species distribution and status, 
referring to distribution maps for steelhead and chinook found in 
Attachment 4. A list of relevant reports is provided in Part 4. In Part 
5, the RMP summarizes the training, monitoring, and reporting elements 
of the RMP. In Part 6, the RMP makes an affirmative conclusion that the 
program is substantially similar to or better than ODOT's program, 
referring to a table in Attachment 1 that compares the two programs.
    The RMP defines what activities are routine road maintenance. These 
consist of maintenance activities that are conducted on currently 
serviceable structures, facilities, and equipment, involve no expansion 
of or change in use, and do not result in significant negative 
hydrological impact. Washington County's best management practices 
(Attachment 2) includes some activities that differ from ODOT's. These 
include best management practices for surface work, ditch shaping and 
cleaning, and sweeping/flushing. The RMP provides information in 
Attachment 1 to support the assertion that Washington County's 
practices for these activities are as effective or more effective than 
ODOT's practices at protecting fish and their habitat. Approval or 
disapproval of the RMP will depend on NOAA Fisheries' findings after 
public review and comment.

Authority

    Under section 4 of the ESA, the Secretary of Commerce is required 
to adopt such regulations as he deems necessary and advisable for the 
conservation of species listed as threatened. The ESA salmon and 
steelhead 4(d) rule (65 FR 424222, July 10, 2000) identifies specific 
categories of activities that contribute to the conservation of 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 activities associated with routine road maintenance 
provided that a state or local program has been approved by NOAA 
Fisheries to be in accordance with the salmon and steelhead 4(d) rule 
(65 FR 424222, July 10, 2000).

    Dated: January 7, 2005.
Phil Williams,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 05-756 Filed 1-12-05; 8:45 am]
BILLING CODE 3510-22-S

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