Endangered and Threatened Species: Final Listing Determinations for Elkhorn Coral and Staghorn Coral; Correction, 38270-38277 [06-6017]

Download as PDF 38270 Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Rules and Regulations not, however, whether the Commission could apply the TOPUC principle to TRS, but whether the rule the Commission did adopt for TRS (requiring payments into the Fund based on international revenues) is reasonable and in the public interest. Accordingly, Telco Group’s request for a declaratory ruling excluding international services revenue from the interstate contribution base is denied. Telco Group also asserts that because it does not receive any TRS funds, and does minimal business in the United States, it should not have to pay into the Fund based on international revenues ‘‘in return for ‘benefits’ largely and primarily enjoyed by other carriers.’’ Telco Reply Comments at 3–4. The obligation to pay into the Fund, however, is not tied to particular benefits contributors may receive from the Fund. Under the rules, a broad range of interstate telecommunications carriers are required to pay into the Fund, regardless of whether they also provide relay services paid for by the Fund or otherwise ‘‘benefit’’ directly from the provision of relay service. See 47 CFR 64.604(c)(5)(iii)(A) of the Commission’s rules. Telco Group’s request for waiver of the interstate TRS assessment on its international services revenue is also denied. Although the Commission may waive a provision of its rules for ‘‘good cause shown,’’ 47 CFR 1.3 of the Commission’s rules; see generally 2004 TRS Report and Order, 19 FCC Rcd at 12520, paragraph 110 (discussing standard for waiving Commission rules), Telco Group’s argument rests on the fact that a high percent of its revenues derive from international services and therefore its TRS payment is substantially higher that it would be if international revenues were not included and burdensome. See also Petition at 9–10. As noted above, however, because the Fund supports both international and interstate TRS, TRS assessments are based on both international and interstate revenues, and the fact that some contributors have relatively more international revenues, or more interstate revenues, is not relevant to ensuring adequate funding for these services. Congressional Review Act The Commission will not send a copy of the Declaratory Ruling on Reconsideration pursuant to the Congressional Review Act because the adopted rules are rules of particular applicability. See 5 U.S.C. 801(a)(1)(A). Ordering Clauses Pursuant to the authority contained in Section 225 of the Communications Act of 1934, as amended, 47 U.S.C. 225, and §§ 0.141, 0.361, and 1.108 of the Commission’s rules, 47 CFR 0.141, 0.361, and 1.108, the Declaratory Ruling on Reconsideration is hereby denied. Federal Communications Commission. Monica S. Desai, Chief, Consumer & Governmental Affairs Bureau. [FR Doc. 06–6012 Filed 6–30–06; 12:30 pm] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 223 [I.D. No. 060204C] Endangered and Threatened Species: Final Listing Determinations for Elkhorn Coral and Staghorn Coral; Correction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; correction. AGENCY: SUMMARY: We, the National Marine Fisheries Service, are correcting a previously published Federal Register rule that contained incorrect data. On June 2, 2006, a correction was published in the Federal Register to add citations Species1 Citation(s) for Listing Determination(s) Where Listed Common name wwhite on PROD1PC61 with RULES (a) Marine Mammals (1) Guadalupe fur seal (2) Steller sea lion VerDate Aug<31>2005 for elkhorn and staghorn corals to the published table of threatened species. The effective date for this correction was inadvertently set for a date prior to the effective date of the final rule to list these corals as threatened under the Endangered Species Act. In addition, the citation for the North American green sturgeon was inadvertently omitted from the table. This rule therefore serves to correct the effective date of the June 2, 2006 rule and to add the citation for green sturgeon to the table of threatened species. DATES: This correction is effective on July 7, 2006. FOR FURTHER INFORMATION CONTACT: Marta Nammack or Lisa Manning, (301)713–1401. SUPPLEMENTARY INFORMATION: In the May 9, 2006, issue of the Federal Register, we published a final rule to implement our determination to list elkhorn (Acropora palmata) and staghorn (A. cervicornis) corals as threatened species under the Endangered Species Act (ESA) of 1973. The table printed in this rule contained inadequate data and was subsequently corrected in a June 2, 2006 Federal Register Notice. The effective date of this correction, however, was June 2, 2006, which was prior to the effective date for the final rule to list elkhorn and staghorn corals. In addition, the June 2, 2006, correction omitted the citation for the Southern distinct population segment (DPS) of the North American green sturgeon from the table. Therefore in this rule, we seek to correct the effective date of the June 2, 2006 correction and revise the table of threatened species. In rule document 06–4988 beginning on page 31965 in the issue of Friday, June 2, 2006, make the following corrections: I 1. On page 31965, in the third column, under the DATES heading, ‘‘June 2, 2006’’ should read ‘‘July 7, 2006’’. § 223.102 [Corrected] I 2. On pages 31966 through 31977, correct the table in § 223.102 to read as follows: Scientific name Citation for Critical Habitat Designation Arctocephalus townsendi Wherever found U.S.A. (Farallon Islands of CA) south to Mexico (Islas Revillagigedo) 50 FR 51252; Dec 16, 1985 NA Eumetopias jubatus Eastern population, which consists of all Steller sea lions from breeding colonies located east of 144° W. longitude 55 FR 13488; Apr 10, 1990 55 FR 50006; Dec 4, 1990 62 FR 30772; Jun 5, 1997 58 FR 45278; Aug 27, 1993 64 FR 14067; Mar 23, 1999 15:25 Jul 05, 2006 Jkt 208001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Rules and Regulations Species1 Citation(s) for Listing Determination(s) Where Listed Common name Scientific name 38271 Citation for Critical Habitat Designation Chelonia mydas Wherever found, except where listed as endangered under § 224.101(c); circumglobal in tropical and temperate seas and oceans 43 FR 32808; Jul 28, 1978 63 FR 46701; Sep 2, 1998 64 FR 14067; Mar 23, 1999 (2) Loggerhead turtle 2 Caretta caretta Wherever found; circumglobal in tropical and temperate seas and oceans 43 FR 32808; Jul 28, 1978 NA (3) Olive ridley turtle 2 Lepidochelys olivacea Wherever found, except where listed as endangered under § 224.101(c); circumglobal in tropical and temperate seas. 43 FR 32808; Jul 28, 1978 NA (c) Fishes (1) Green sturgeon southern DPS Acipenser medirostris U.S.A., CA. The southern DPS includes all spawning populations of green sturgeon south of the Eel River (exclusive), principally including the Sacramento River green sturgeon spawning population. 71 FR 17757; April 7, 2006; 71 FR 19241; April 13, 2006 (2) Gulf sturgeon Acipenser oxyrinchus desotoi Wherever found. 56 FR 49653; Sep 30, 1991 68 FR 13370; Mar 19, 2003 (3) Ozette Lake sockeye Oncorhynchus nerka U.S.A.- WA, including all naturally spawned populations of sockeye salmon in Ozette Lake and streams and tributaries flowing into Ozette Lake, Washington, as well as two artificial propagation programs: the Umbrella Creek and Big River sockeye hatchery programs. 64 FR 14528; Mar 25, 1999 70 FR 37160; Jun 28, 2005 70 FR 52630; Sep 2, 2005 (4) Central Valley spring-run Chinook Oncorhynchus tshawytscha U.S.A.- CA, including all naturally spawned populations of spring-run Chinook salmon in the Sacramento River and its tributaries in California, including the Feather River, as well as the Feather River Hatchery spring-run Chinook program. 64 FR 50394; Sep 16, 1999 70 FR 37160; Jun 28, 2005 70 FR 52488; Sep 2, 2005 (5) California Coastal Chinook wwhite on PROD1PC61 with RULES (b) Sea Turtles (1) Green turtle 2 Oncorhynchus tshawytscha U.S.A.-CA, including all naturally spawned populations of Chinook salmon from rivers and streams south of the Klamath River to the Russian River, California, as well as seven artificial propagation programs: the Humboldt Fish Action Council (Freshwater Creek), Yager Creek, Redwood Creek, Hollow Tree, Van Arsdale Fish Station, Mattole Salmon Group, and Mad River Hatchery fall-run Chinook hatchery programs. 64 FR 50394; Sep 16, 1999 70 FR 37160; Jun 28, 2005 70 FR 52488; Sep 2, 2005 VerDate Aug<31>2005 15:36 Jul 05, 2006 Jkt 208001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 38272 Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Rules and Regulations Species1 Citation(s) for Listing Determination(s) Where Listed Common name Scientific name Citation for Critical Habitat Designation Oncorhynchus tshawytscha U.S.A.- OR, including all naturally spawned populations of spring-run Chinook salmon in the Clackamas River and in the Willamette River, and its tributaries, above Willamette Falls, Oregon, as well as seven artificial propagation programs: the McKenzie River Hatchery (Oregon Department of Fish and Wildlife (ODFW) stock #24), Marion Forks/ North Fork Santiam River (ODFW stock #21), South Santiam Hatchery (ODFW stock #23) in the South Fork Santiam River, South Santiam Hatchery in the Calapooia River, South Santiam Hatchery in the Mollala River, Willamette Hatchery (ODFW stock # 22), and Clackamas hatchery (ODFW stock #19) spring-run Chinook hatchery programs. 64 FR 14308; Mar. 24 1999 70 FR 37160; Jun 28, 2005 70 FR 52630; Sep 2, 2005 (7) Lower Columbia River Chinook wwhite on PROD1PC61 with RULES (6) Upper Willamette River Chinook Oncorhynchus tshawytscha U.S.A.- OR, WA, including all naturally spawned populations of Chinook salmon from the Columbia River and its tributaries from its mouth at the Pacific Ocean upstream to a transitional point between Washington and Oregon east of the Hood River and the White Salmon River, and includes the Willamette River to Willamette Falls, Oregon, exclusive of spring-run Chinook salmon in the Clackamas River, as well as seventeen artificial propagation programs: the Sea Resources Tule Chinook Program, Big Creek Tule Chinook Program, Astoria High School (STEP) Tule Chinook Program, Warrenton High School (STEP) Tule Chinook Program, Elochoman River Tule Chinook Program, Cowlitz Tule Chinook Program, North Fork Toutle Tule Chinook Program, Kalama Tule Chinook Program, Washougal River Tule Chinook Program, Spring Creek NFH Tule Chinook Program, Cowlitz spring Chinook Program in the Upper Cowlitz River and the Cispus River, Friends of the Cowlitz spring Chinook Program, Kalama River spring Chinook Program, Lewis River spring Chinook Program, Fish First spring Chinook Program, and the Sandy River Hatchery (ODFW stock #11) Chinook hatchery programs. 64 FR 14308; Mar. 24, 1999 70 FR 37160; Jun 28, 2005 70 FR 52630; Sep 2, 2005 VerDate Aug<31>2005 15:25 Jul 05, 2006 Jkt 208001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Rules and Regulations Species1 Citation(s) for Listing Determination(s) Where Listed Common name Scientific name 38273 Citation for Critical Habitat Designation Oncorhynchus tshawytscha U.S.A.- WA, including all naturally spawned populations of Chinook salmon from rivers and streams flowing into Puget Sound including the Straits of Juan De Fuca from the Elwha River, eastward, including rivers and streams flowing into Hood Canal, South Sound, North Sound and the Strait of Georgia in Washington, as well as twenty-six artificial propagation programs: the Kendal Creek Hatchery, Marblemount Hatchery (fall, spring yearlings, spring subyearlings, and summer run), Harvey Creek Hatchery, Whitehorse Springs Pond, Wallace River Hatchery (yearlings and subyearlings), Tulalip Bay, Issaquah Hatchery, Soos Creek Hatchery, Icy Creek Hatchery, Keta Creek Hatchery, White River Hatchery, White Acclimation Pond, Hupp Springs Hatchery, Voights Creek Hatchery, Diru Creek, Clear Creek, Kalama Creek, George Adams Hatchery, Rick’s Pond Hatchery, Hamma Hamma Hatchery, Dungeness/Hurd Creek Hatchery, Elwha Channel Hatchery Chinook hatchery programs. 64 FR 14308; Mar. 24, 1999 70 FR 37160; Jun 28, 2005 70 FR 52630; Sep 2, 2005 (9) Snake River fall-run Chinook Oncorhynchus tshawytscha U.S.A.- OR, WA, ID, including all naturally spawned populations of fall-run Chinook salmon in the mainstem Snake River below Hells Canyon Dam, and in the Tucannon River, Grande Ronde River, Imnaha River, Salmon River, and Clearwater River, as well as four artificial propagation programs: the Lyons Ferry Hatchery, Fall Chinook Acclimation Ponds Program, Nez Perce Tribal Hatchery, and Oxbow Hatchery fall-run Chinook hatchery programs. 57 FR 14653; Apr 22, 1992 57 FR 23458; Jun 3, 1992 70 FR 37160; Jun 28, 2005 58 FR 68543; Dec 28, 1993 (10) Snake River spring/ summer-run Chinook wwhite on PROD1PC61 with RULES (8) Puget Sound Chinook Oncorhynchus tshawytscha U.S.A.- OR, WA, ID, including all naturally spawned populations of spring/summer-run Chinook salmon in the mainstem Snake River and the Tucannon River, Grande Ronde River, Imnaha River, and Salmon River subbasins, as well as fifteen artificial propagation programs: the Tucannon River conventional Hatchery, Tucannon River Captive Broodstock Program, Lostine River, Catherine Creek, Lookingglass Hatchery, Upper Grande Ronde, Imnaha River, Big Sheep Creek, McCall Hatchery, Johnson Creek Artificial Propagation Enhancement, Lemhi River Captive Rearing Experiment, Pahsimeroi Hatchery, East Fork Captive Rearing Experiment, West Fork Yankee Fork Captive Rearing Experiment, and the Sawtooth Hatchery spring/summer-run Chinook hatchery programs. 57 FR 14653; Apr 22, 1992 57 FR 23458; Jun 3, 1992 70 FR 37160; Jun 28, 2005 58 FR 68543; Dec 28, 1993 64 FR 57399; Oct 25, 1999 VerDate Aug<31>2005 15:25 Jul 05, 2006 Jkt 208001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 38274 Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Rules and Regulations Species1 Citation(s) for Listing Determination(s) Where Listed Common name Scientific name Citation for Critical Habitat Designation Oncorhynchus kisutch U.S.A.- CA, OR, including all naturally spawned populations of coho salmon in coastal streams between Cape Blanco, Oregon, and Punta Gorda, California, as well three artificial propagation programs: the Cole Rivers Hatchery (ODFW stock # 52), Trinity River Hatchery, and Iron Gate Hatchery coho hatchery programs. 62 FR 24588; May 6, 1997 70 FR 37160; Jun 28, 2005 64 FR 24049; May 5, 1999 (12) Lower Columbia River coho Oncorhynchus kisutch U.S.A.- OR, WA, including all naturally spawned populations of coho salmon in the Columbia River and its tributaries in Washington and Oregon, from the mouth of the Columbia up to and including the Big White Salmon and Hood Rivers, and includes the Willamette River to Willamette Falls, Oregon, as well as twenty-five artificial propagation programs: the Grays River, Sea Resources Hatchery, Peterson Coho Project, Big Creek Hatchery, Astoria High School (STEP) Coho Program, Warrenton High School (STEP) Coho Program, Elochoman Type-S Coho Program, Elochoman Type-N Coho Program, Cathlamet High School FFA Type-N Coho Program, Cowlitz Type-N Coho Program in the Upper and Lower Cowlitz Rivers, Cowlitz Game and Anglers Coho Program, Friends of the Cowlitz Coho Program, North Fork Toutle River Hatchery, Kalama River Type-N Coho Program, Kalama River Type-S Coho Program, Lewis River Type-N Coho Program, Lewis River Type-S Coho Program, Fish First Wild Coho Program, Fish First Type-N Coho Program, Syverson Project Type-N Coho Program, Eagle Creek National Fish Hatchery, Sandy Hatchery, and the Bonneville/Cascade/ Oxbow complex coho hatchery programs. 70 FR 37160; Jun 28, 2005 NA (13) Columbia River chum wwhite on PROD1PC61 with RULES (11) Southern Oregon/ Northern California Coast coho Oncorhynchus keta U.S.A.- OR, WA, including all naturally spawned populations of chum salmon in the Columbia River and its tributaries in Washington and Oregon, as well as three artificial propagation programs: the Chinook River (Sea Resources Hatchery), Grays River, and Washougal River/ Duncan Creek chum hatchery programs. 64 FR 14508; Mar. 25, 1999 70 FR 37160; Jun 28, 2005 70 FR 52630; Sep 2, 2005 VerDate Aug<31>2005 15:25 Jul 05, 2006 Jkt 208001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Rules and Regulations Species1 Citation(s) for Listing Determination(s) Where Listed Common name Scientific name 38275 Citation for Critical Habitat Designation Oncorhynchus keta U.S.A.- WA, including all naturally spawned populations of summerrun chum salmon in Hood Canal and its tributaries as well as populations in Olympic Peninsula rivers between Hood Canal and Dungeness Bay, Washington, as well as eight artificial propagation programs: the Quilcene NFH, Hamma Hamma Fish Hatchery, Lilliwaup Creek Fish Hatchery, Union River/ Tahuya, Big Beef Creek Fish Hatchery, Salmon Creek Fish Hatchery, Chimacum Creek Fish Hatchery, and the Jimmycomelately Creek Fish Hatchery summer-run chum hatchery programs. 64 FR 14508; Mar. 25, 1999 70 FR 37160; Jun 28, 2005 70 FR 52630; Sep 2, 2005 (15) South-Central California Coast Steelhead Oncorhynchus mykiss U.S.A.- CA, including all naturally spawned populations of steelhead (and their progeny) in streams from the Pajaro River (inclusive), located in Santa Cruz County, California, to (but not including) the Santa Maria River. 62 FR 43937; Aug 18, 1997 71 FR 834; January 5, 2006 70 FR 52488; Sep 2, 2005 (16) Central California Coast Steelhead Oncorhynchus mykiss U.S.A.- CA, including all naturally spawned populations of steelhead (and their progeny) in streams from the Russian River to Aptos Creek, Santa Cruz County, Californian (inclusive), and the drainages of San Francisco and San Pablo Bays eastward to the Napa River (inclusive), Napa County, California. Excludes the Sacramento-San Joaquin River Basin of the Central Valley of California. 62 FR 43937; Aug 18, 1997 71 FR 834; January 5, 2006 70 FR 52488; Sep 2, 2005 (17) California Central Valley Steelhead Oncorhynchus mykiss U.S.A.- CA, including all naturally spawned populations of steelhead (and their progeny) in the Sacramento and San Joaquin Rivers and their tributaries, excluding steelhead from San Francisco and San Pablo Bays and their tributaries. 63 FR 13347; Mar. 19, 1998 71 FR 834; January 5, 2006 70 FR 52488; Sep 2, 2005 (18) Northern California Steelhead Oncorhynchus mykiss U.S.A.- CA, including all naturally spawned populations of steelhead (and their progeny) in California coastal river basins from Redwood Creek in Humboldt County, California, to the Gualala River, inclusive, in Mendocino County, California. 65 FR 36074; June 7, 2000 71 FR 834; January 5, 2006 70 FR 52488; Sep 2, 2005 (19) Upper Willamette River Steelhead wwhite on PROD1PC61 with RULES (14) Hood Canal summer-run chum Oncorhynchus mykiss U.S.A.- OR, including all naturally spawned populations of winter-run steelhead in the Willamette River, Oregon, and its tributaries upstream from Willamette Falls to the Calapooia River, inclusive. 62 FR 43937; Aug 18, 1997 71 FR 834; January 5, 2006 70 FR 52630; Sep 2, 2005 VerDate Aug<31>2005 15:25 Jul 05, 2006 Jkt 208001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 38276 Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Rules and Regulations Species1 Citation(s) for Listing Determination(s) Where Listed Common name Scientific name Citation for Critical Habitat Designation (20) Lower Columbia River Steelhead Oncorhynchus mykiss U.S.A.- OR, WA, including all naturally spawned populations of steelhead (and their progeny) in streams and tributaries to the Columbia River between the Cowlitz and Wind Rivers, Washington, inclusive, and the Willamette and Hood Rivers, Oregon, inclusive. Excluded are steelhead in the upper Willamette River Basin above Willamette Falls, Oregon, and from the Little and Big White Salmon Rivers, Washington. 63 FR 13347; Mar 19, 1998 71 FR 834; January 5, 2006 70 FR 52630; Sep 2, 2005 (21) Middle Columbia River Steelhead Oncorhynchus mykiss U.S.A.- OR, WA, including all naturally spawned populations of steelhead in streams from above the Wind River, Washington, and the Hood River, Oregon (exclusive), upstream to, and including, the Yakima River, Washington. Excluded are steelhead from the Snake River Basin. 57 FR 14517; Mar 25, 1999 71 FR 834; January 5, 2006 70 FR 52630; Sep 2, 2005 (22) Snake River Basin Steelhead Oncorhynchus mykiss U.S.A.- OR, WA, ID, including all naturally spawned populations of steelhead (and their progeny) in streams in the Snake River Basin of southeast Washington, northeast Oregon, and Idaho. 62 FR 43937; Aug 18, 1997 71 FR 834; January 5, 2006 70 FR 52630; Sep 2, 2005 (1) Elkhorn coral Acropora palmata Wherever found. Includes United States Florida, Puerto Rico, U.S. Virgin Islands, Navassa; and wider Caribbean Belize, Colombia, Costa Rica, Guatemala, Honduras, Mexico, Nicaragua, Panama, Venezuela and all the islands of the West Indies. 71 FR 26852, May 9, 2006 NA (2) Staghorn coral Acropora cervicornis Wherever found. Includes United States Florida, Puerto Rico, U.S. Virgin Islands, Navassa; and wider Caribbean Belize, Colombia, Costa Rica, Guatemala, Honduras, Mexico, Nicaragua, Panama, Venezuela and all the islands of the West Indies. 71 FR 26852, May 9, 2006 NA Halophila johnsonii Wherever found. U.S.A. - Southeastern FL between Sebastian Inlet and north Biscayne Bay. 63 FR 49035; Sep 14, 1998 65 FR 17786; Apr 5, 2000 (d) Marine Invertebrates (e) Marine Plants (1) Johnson’s seagrass wwhite on PROD1PC61 with RULES 1 Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991). 2 Jurisdiction for sea turtles by the Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, is limited to turtles while in the water. VerDate Aug<31>2005 15:25 Jul 05, 2006 Jkt 208001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Rules and Regulations Authority: 16 U.S.C. 1531–1543; subpart B, § 223.201–202 also issued under 16 U.S.C. 1361 et seq.; 16 U.S.C. 5503(d) for § 223.206(d)(9). Dated: June 27, 2006. John Oliver, Deputy Assistant Administrator for Operations, National Marine Fisheries Service. [FR Doc. 06–6017 Filed 7–5–06; 8:45 am] normal business hours at the National Marine Fisheries Service, Protected Resources Division, Alaska Region,709 W. 9th Street, Juneau, AK. The final rule, maps, and other materials relating to this proposal can be found on the NMFS Alaska Region website http:// www.fakr.noaa.gov/. FOR FURTHER INFORMATION CONTACT: Brad Smith, (907) 271–3023, or Marta Nammack, (301) 713–1401. BILLING CODE 3510–22–S The Endangered Species Act of 1973, as amended [16 U.S.C. 1531, et seq.] (ESA), grants authority to and imposes requirements upon Federal agencies regarding endangered or threatened species of fish, wildlife, or plants, and habitats of such species that have been designated as critical. The U.S. Fish and Wildlife Service (FWS) and the NMFS share responsibility for administering the ESA. Endangered and threatened species under the jurisdiction of NMFS are found in 50 CFR 224.101 and 223.102, and include the endangered northern right whale. SUPPLEMENTARY INFORMATION: DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 226 [Docket No. 051018271–6157–02; I.D. 101405C] RIN 0648–AT84 Endangered and Threatened Species; Revision of Critical Habitat for the Northern Right Whale in the Pacific Ocean National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Commerce. ACTION: Final rule. wwhite on PROD1PC61 with RULES AGENCY: Background and Previous Federal Actions SUMMARY: We, the National Marine Fisheries Service (NMFS), issue a final rule to revise the current critical habitat for the northern right whale (Eubalaena glacialis) by designating additional areas within the North Pacific Ocean. Two specific areas are designated, one in the Gulf of Alaska and another in the Bering Sea, comprising a total of approximately 95,200 square kilometers (36,750 square miles) of marine habitat. As described in the impacts analysis prepared for this action, we considered the economic impacts, impacts to national security, and other relevant impacts and concluded that the benefits of exclusion of any area from the critical habitat designation do not outweigh the benefits of inclusion. As a result, we did not exclude any areas from the designation. We solicited information and comments from the public in a proposed rule. This final rule is being issued to meet the deadline established in a remand order of the United States District Court for the Northern District of California. DATES: This rule becomes effective August 7, 2006. ADDRESSES: Comments and materials received, as well as supporting documentation used in the preparation of this final rule, are available for public inspection by appointment during VerDate Aug<31>2005 15:25 Jul 05, 2006 Jkt 208001 The northern right whale is a member of the family Balaenidae and is closely related to the right whales that inhabit the Southern Hemisphere. Right whales are large baleen whales that grow to lengths and weights exceeding 18 meters and 100 tons, respectively. They are filter feeders whose prey consists exclusively of zooplankton. Right whales attain sexual maturity at an average age of 8–10 years, and females produce a single calf at intervals of 3– 5 years (Kraus et al., 2001). Their life expectancy is unclear, but is known to reach 70 years in some cases (Hamilton et al., 1998; Kenney, 2002). Right whales are generally migratory, with at least a portion of the population moving between summer feeding grounds in temperate or high latitudes and winter calving areas in warmer waters (Kraus et al., 1986; Clapham et al., 2004). In the North Pacific, individuals have been observed feeding in the Gulf of Alaska, the Bering Sea and the Sea of Okhotsk. Although a general northward movement is evident in spring and summer, it is unclear whether the entire population undertakes a predictable seasonal migration, and the location of calving grounds remains completely unknown (Scarff, 1986; Scarff, 1991; Brownell et al., 2001; Clapham et al., 2004; Shelden et al., 2005). Further details of occurrence and distribution are provided below. PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 38277 In the North Pacific, whaling for right whales began in the Gulf of Alaska (known to whalers as the ‘‘Northwest Ground’’) in 1835 (Webb, 1988). Right whales were extensively hunted in the western North Pacific in the latter half of the 19th century, and by 1900 were scarce throughout their range. Right whales were protected worldwide in 1935 through a League of Nations agreement. However, because neither Japan nor the USSR signed this agreement, both nations asserted authority to continue hunting right whales until 1949 when the newlycreated International Whaling Commission (IWC) endorsed this ban. Despite this ban, a total of 23 North Pacific right whales were legally killed by Japan and the USSR under Article VIII of the International Convention for the Regulation of Whaling (1946), which permits the taking of whales for scientific research purposes. However, it is now known that the USSR illegally caught many right whales in the North Pacific (Doroshenko, 2000; Brownell et al., 2001). In the eastern North Pacific, 372 right whales were killed by the Soviets between 1963 and 1967; of these, 251 were taken in the Gulf of Alaska south of Kodiak, and 121 in the southeastern Bering Sea (SEBS). These takes devastated a population that, while undoubtedly small, may have been undergoing a slow recovery (Brownell et al., 2001). As a result of this historic and recent hunting, right whales today are among the most endangered of all whales worldwide. Right whales were listed in 1970 following passage of the Endangered Species Conservation Act (ESCA) of 1969, and automatically granted endangered status when the ESCA was repealed and replaced by the ESA. Right whales are also protected under the Marine Mammal Protection Act of 1972. We issued a Recovery Plan for the northern right whale in 1991, which covered both the North Atlantic and North Pacific (NMFS, 1991). Some researchers consider the North Pacific right whale to exist in discrete eastern and western populations. Brownell et al. (2001) noted that there was no evidence for exchange between the western and eastern Pacific, and that the two populations had different recovery histories; consequently, they argued that these stocks should be treated as separate for the purpose of management, a division which we have acknowledged in Stock Assessment Reports (Angliss and Lodge, 2004). In the western North Pacific (the Sea of Okhotsk and adjacent areas), current abundance is unknown but is probably in the low to mid-hundreds (Brownell et E:\FR\FM\06JYR1.SGM 06JYR1

Agencies

[Federal Register Volume 71, Number 129 (Thursday, July 6, 2006)]
[Rules and Regulations]
[Pages 38270-38277]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-6017]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 223

[I.D. No. 060204C]


Endangered and Threatened Species: Final Listing Determinations 
for Elkhorn Coral and Staghorn Coral; Correction

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

ACTION: Final rule; correction.

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SUMMARY: We, the National Marine Fisheries Service, are correcting a 
previously published Federal Register rule that contained incorrect 
data. On June 2, 2006, a correction was published in the Federal 
Register to add citations for elkhorn and staghorn corals to the 
published table of threatened species. The effective date for this 
correction was inadvertently set for a date prior to the effective date 
of the final rule to list these corals as threatened under the 
Endangered Species Act. In addition, the citation for the North 
American green sturgeon was inadvertently omitted from the table. This 
rule therefore serves to correct the effective date of the June 2, 2006 
rule and to add the citation for green sturgeon to the table of 
threatened species.

DATES: This correction is effective on July 7, 2006.

FOR FURTHER INFORMATION CONTACT: Marta Nammack or Lisa Manning, 
(301)713-1401.

SUPPLEMENTARY INFORMATION: In the May 9, 2006, issue of the Federal 
Register, we published a final rule to implement our determination to 
list elkhorn (Acropora palmata) and staghorn (A. cervicornis) corals as 
threatened species under the Endangered Species Act (ESA) of 1973. The 
table printed in this rule contained inadequate data and was 
subsequently corrected in a June 2, 2006 Federal Register Notice. The 
effective date of this correction, however, was June 2, 2006, which was 
prior to the effective date for the final rule to list elkhorn and 
staghorn corals. In addition, the June 2, 2006, correction omitted the 
citation for the Southern distinct population segment (DPS) of the 
North American green sturgeon from the table. Therefore in this rule, 
we seek to correct the effective date of the June 2, 2006 correction 
and revise the table of threatened species.
    In rule document 06-4988 beginning on page 31965 in the issue of 
Friday, June 2, 2006, make the following corrections:

0
1. On page 31965, in the third column, under the DATES heading, ``June 
2, 2006'' should read ``July 7, 2006''.
Sec.  223.102 [Corrected]
0
2. On pages 31966 through 31977, correct the table in Sec.  223.102 to 
read as follows:

----------------------------------------------------------------------------------------------------------------
                    Species\1\                                            Citation(s) for        Citation for
---------------------------------------------------    Where Listed           Listing         Critical  Habitat
           Common name             Scientific name                       Determination(s)        Designation
----------------------------------------------------------------------------------------------------------------
(a) Marine Mammals                 ...............  .................  ....................  ...................
(1) Guadalupe fur seal             Arctocephalus    Wherever found     50 FR 51252; Dec 16,  NA
                                    townsendi        U.S.A. (Farallon   1985
                                                     Islands of CA)
                                                     south to Mexico
                                                     (Islas
                                                     Revillagigedo)
                                   ...............  .................  ....................  ...................
(2) Steller sea lion               Eumetopias       Eastern            55 FR 13488; Apr 10,  58 FR 45278; Aug
                                    jubatus          population,        1990                  27, 1993
                                                     which consists    55 FR 50006; Dec 4,   64 FR 14067; Mar
                                                     of all Steller     1990                  23, 1999
                                                     sea lions from    62 FR 30772; Jun 5,
                                                     breeding           1997
                                                     colonies located
                                                     east of 144[deg]
                                                     W. longitude

[[Page 38271]]

 
(b) Sea Turtles                    ...............  .................  ....................  ...................
(1) Green turtle \2\               Chelonia mydas   Wherever found,    43 FR 32808; Jul 28,  63 FR 46701; Sep 2,
                                                     except where       1978                  1998
                                                     listed as                               64 FR 14067; Mar
                                                     endangered under                         23, 1999
                                                     Sec.
                                                     224.101(c);
                                                     circumglobal in
                                                     tropical and
                                                     temperate seas
                                                     and oceans
                                   ...............  .................  ....................  ...................
(2) Loggerhead turtle \2\          Caretta caretta  Wherever found;    43 FR 32808; Jul 28,  NA
                                                     circumglobal in    1978
                                                     tropical and
                                                     temperate seas
                                                     and oceans
                                   ...............  .................  ....................  ...................
(3) Olive ridley turtle \2\        Lepidochelys     Wherever found,    43 FR 32808; Jul 28,  NA
                                    olivacea         except where       1978
                                                     listed as
                                                     endangered under
                                                     Sec.
                                                     224.101(c);
                                                     circumglobal in
                                                     tropical and
                                                     temperate seas.
(c) Fishes                         ...............  .................  ....................  ...................
(1) Green sturgeon - southern DPS  Acipenser        U.S.A., CA. The    71 FR 17757; April    ...................
                                    medirostris      southern DPS       7, 2006;
                                                     includes all      71 FR 19241; April
                                                     spawning           13, 2006
                                                     populations of
                                                     green sturgeon
                                                     south of the Eel
                                                     River
                                                     (exclusive),
                                                     principally
                                                     including the
                                                     Sacramento River
                                                     green sturgeon
                                                     spawning
                                                     population.
                                   ...............  .................  ....................  ...................
(2) Gulf sturgeon                  Acipenser        Wherever found.    56 FR 49653; Sep 30,  68 FR 13370; Mar
                                    oxyrinchus                          1991                  19, 2003
                                    desotoi
                                   ...............  .................  ....................  ...................
(3) Ozette Lake sockeye            Oncorhynchus     U.S.A.- WA,        64 FR 14528; Mar 25,  70 FR 52630; Sep 2,
                                    nerka            including all      1999                  2005
                                                     naturally         70 FR 37160; Jun 28,
                                                     spawned            2005
                                                     populations of
                                                     sockeye salmon
                                                     in Ozette Lake
                                                     and streams and
                                                     tributaries
                                                     flowing into
                                                     Ozette Lake,
                                                     Washington, as
                                                     well as two
                                                     artificial
                                                     propagation
                                                     programs: the
                                                     Umbrella Creek
                                                     and Big River
                                                     sockeye hatchery
                                                     programs.
                                   ...............  .................  ....................  ...................
(4) Central Valley spring-run      Oncorhynchus     U.S.A.- CA,        64 FR 50394; Sep 16,  70 FR 52488; Sep 2,
 Chinook                            tshawytscha      including all      1999                  2005
                                                     naturally         70 FR 37160; Jun 28,
                                                     spawned            2005
                                                     populations of
                                                     spring-run
                                                     Chinook salmon
                                                     in the
                                                     Sacramento River
                                                     and its
                                                     tributaries in
                                                     California,
                                                     including the
                                                     Feather River,
                                                     as well as the
                                                     Feather River
                                                     Hatchery spring-
                                                     run Chinook
                                                     program.
                                   ...............  .................  ....................  ...................
(5) California Coastal Chinook     Oncorhynchus     U.S.A.-CA,         64 FR 50394; Sep 16,  70 FR 52488; Sep 2,
                                    tshawytscha      including all      1999                  2005
                                                     naturally         70 FR 37160; Jun 28,
                                                     spawned            2005
                                                     populations of
                                                     Chinook salmon
                                                     from rivers and
                                                     streams south of
                                                     the Klamath
                                                     River to the
                                                     Russian River,
                                                     California, as
                                                     well as seven
                                                     artificial
                                                     propagation
                                                     programs: the
                                                     Humboldt Fish
                                                     Action Council
                                                     (Freshwater
                                                     Creek), Yager
                                                     Creek, Redwood
                                                     Creek, Hollow
                                                     Tree, Van
                                                     Arsdale Fish
                                                     Station, Mattole
                                                     Salmon Group,
                                                     and Mad River
                                                     Hatchery fall-
                                                     run Chinook
                                                     hatchery
                                                     programs.

[[Page 38272]]

 
                                   ...............  .................  ....................  ...................
(6) Upper Willamette River         Oncorhynchus     U.S.A.- OR,        64 FR 14308; Mar. 24  70 FR 52630; Sep 2,
 Chinook                            tshawytscha      including all      1999                  2005
                                                     naturally         70 FR 37160; Jun 28,
                                                     spawned            2005
                                                     populations of
                                                     spring-run
                                                     Chinook salmon
                                                     in the Clackamas
                                                     River and in the
                                                     Willamette
                                                     River, and its
                                                     tributaries,
                                                     above Willamette
                                                     Falls, Oregon,
                                                     as well as seven
                                                     artificial
                                                     propagation
                                                     programs: the
                                                     McKenzie River
                                                     Hatchery (Oregon
                                                     Department of
                                                     Fish and
                                                     Wildlife (ODFW)
                                                     stock 24), Marion
                                                     Forks/North Fork
                                                     Santiam River
                                                     (ODFW stock
                                                     21),
                                                     South Santiam
                                                     Hatchery (ODFW
                                                     stock 23) in the
                                                     South Fork
                                                     Santiam River,
                                                     South Santiam
                                                     Hatchery in the
                                                     Calapooia River,
                                                     South Santiam
                                                     Hatchery in the
                                                     Mollala River,
                                                     Willamette
                                                     Hatchery (ODFW
                                                     stock 
                                                     22), and
                                                     Clackamas
                                                     hatchery (ODFW
                                                     stock 19) spring-run
                                                     Chinook hatchery
                                                     programs.
                                   ...............  .................  ....................  ...................
(7) Lower Columbia River Chinook   Oncorhynchus     U.S.A.- OR, WA,    64 FR 14308; Mar.     70 FR 52630; Sep 2,
                                    tshawytscha      including all      24, 1999              2005
                                                     naturally         70 FR 37160; Jun 28,
                                                     spawned            2005
                                                     populations of
                                                     Chinook salmon
                                                     from the
                                                     Columbia River
                                                     and its
                                                     tributaries from
                                                     its mouth at the
                                                     Pacific Ocean
                                                     upstream to a
                                                     transitional
                                                     point between
                                                     Washington and
                                                     Oregon east of
                                                     the Hood River
                                                     and the White
                                                     Salmon River,
                                                     and includes the
                                                     Willamette River
                                                     to Willamette
                                                     Falls, Oregon,
                                                     exclusive of
                                                     spring-run
                                                     Chinook salmon
                                                     in the Clackamas
                                                     River, as well
                                                     as seventeen
                                                     artificial
                                                     propagation
                                                     programs: the
                                                     Sea Resources
                                                     Tule Chinook
                                                     Program, Big
                                                     Creek Tule
                                                     Chinook Program,
                                                     Astoria High
                                                     School (STEP)
                                                     Tule Chinook
                                                     Program,
                                                     Warrenton High
                                                     School (STEP)
                                                     Tule Chinook
                                                     Program,
                                                     Elochoman River
                                                     Tule Chinook
                                                     Program, Cowlitz
                                                     Tule Chinook
                                                     Program, North
                                                     Fork Toutle Tule
                                                     Chinook Program,
                                                     Kalama Tule
                                                     Chinook Program,
                                                     Washougal River
                                                     Tule Chinook
                                                     Program, Spring
                                                     Creek NFH Tule
                                                     Chinook Program,
                                                     Cowlitz spring
                                                     Chinook Program
                                                     in the Upper
                                                     Cowlitz River
                                                     and the Cispus
                                                     River, Friends
                                                     of the Cowlitz
                                                     spring Chinook
                                                     Program, Kalama
                                                     River spring
                                                     Chinook Program,
                                                     Lewis River
                                                     spring Chinook
                                                     Program, Fish
                                                     First spring
                                                     Chinook Program,
                                                     and the Sandy
                                                     River Hatchery
                                                     (ODFW stock
                                                     11)
                                                     Chinook hatchery
                                                     programs.

[[Page 38273]]

 
                                   ...............  .................  ....................  ...................
(8) Puget Sound Chinook            Oncorhynchus     U.S.A.- WA,        64 FR 14308; Mar.     70 FR 52630; Sep 2,
                                    tshawytscha      including all      24, 1999              2005
                                                     naturally         70 FR 37160; Jun 28,
                                                     spawned            2005
                                                     populations of
                                                     Chinook salmon
                                                     from rivers and
                                                     streams flowing
                                                     into Puget Sound
                                                     including the
                                                     Straits of Juan
                                                     De Fuca from the
                                                     Elwha River,
                                                     eastward,
                                                     including rivers
                                                     and streams
                                                     flowing into
                                                     Hood Canal,
                                                     South Sound,
                                                     North Sound and
                                                     the Strait of
                                                     Georgia in
                                                     Washington, as
                                                     well as twenty-
                                                     six artificial
                                                     propagation
                                                     programs: the
                                                     Kendal Creek
                                                     Hatchery,
                                                     Marblemount
                                                     Hatchery (fall,
                                                     spring
                                                     yearlings,
                                                     spring
                                                     subyearlings,
                                                     and summer run),
                                                     Harvey Creek
                                                     Hatchery,
                                                     Whitehorse
                                                     Springs Pond,
                                                     Wallace River
                                                     Hatchery
                                                     (yearlings and
                                                     subyearlings),
                                                     Tulalip Bay,
                                                     Issaquah
                                                     Hatchery, Soos
                                                     Creek Hatchery,
                                                     Icy Creek
                                                     Hatchery, Keta
                                                     Creek Hatchery,
                                                     White River
                                                     Hatchery, White
                                                     Acclimation
                                                     Pond, Hupp
                                                     Springs
                                                     Hatchery,
                                                     Voights Creek
                                                     Hatchery, Diru
                                                     Creek, Clear
                                                     Creek, Kalama
                                                     Creek, George
                                                     Adams Hatchery,
                                                     Rick's Pond
                                                     Hatchery, Hamma
                                                     Hamma Hatchery,
                                                     Dungeness/Hurd
                                                     Creek Hatchery,
                                                     Elwha Channel
                                                     Hatchery Chinook
                                                     hatchery
                                                     programs.
                                   ...............  .................  ....................  ...................
(9) Snake River fall-run Chinook   Oncorhynchus     U.S.A.- OR, WA,    57 FR 14653; Apr 22,  58 FR 68543; Dec
                                    tshawytscha      ID, including      1992                  28, 1993
                                                     all naturally     57 FR 23458; Jun 3,
                                                     spawned            1992
                                                     populations of    70 FR 37160; Jun 28,
                                                     fall-run Chinook   2005
                                                     salmon in the
                                                     mainstem Snake
                                                     River below
                                                     Hells Canyon
                                                     Dam, and in the
                                                     Tucannon River,
                                                     Grande Ronde
                                                     River, Imnaha
                                                     River, Salmon
                                                     River, and
                                                     Clearwater
                                                     River, as well
                                                     as four
                                                     artificial
                                                     propagation
                                                     programs: the
                                                     Lyons Ferry
                                                     Hatchery, Fall
                                                     Chinook
                                                     Acclimation
                                                     Ponds Program,
                                                     Nez Perce Tribal
                                                     Hatchery, and
                                                     Oxbow Hatchery
                                                     fall-run Chinook
                                                     hatchery
                                                     programs.
                                   ...............  .................  ....................  ...................
(10) Snake River spring/summer-    Oncorhynchus     U.S.A.- OR, WA,    57 FR 14653; Apr 22,  58 FR 68543; Dec
 run Chinook                        tshawytscha      ID, including      1992                  28, 1993
                                                     all naturally     57 FR 23458; Jun 3,   64 FR 57399; Oct
                                                     spawned            1992                  25, 1999
                                                     populations of    70 FR 37160; Jun 28,
                                                     spring/summer-     2005
                                                     run Chinook
                                                     salmon in the
                                                     mainstem Snake
                                                     River and the
                                                     Tucannon River,
                                                     Grande Ronde
                                                     River, Imnaha
                                                     River, and
                                                     Salmon River
                                                     subbasins, as
                                                     well as fifteen
                                                     artificial
                                                     propagation
                                                     programs: the
                                                     Tucannon River
                                                     conventional
                                                     Hatchery,
                                                     Tucannon River
                                                     Captive
                                                     Broodstock
                                                     Program, Lostine
                                                     River, Catherine
                                                     Creek,
                                                     Lookingglass
                                                     Hatchery, Upper
                                                     Grande Ronde,
                                                     Imnaha River,
                                                     Big Sheep Creek,
                                                     McCall Hatchery,
                                                     Johnson Creek
                                                     Artificial
                                                     Propagation
                                                     Enhancement,
                                                     Lemhi River
                                                     Captive Rearing
                                                     Experiment,
                                                     Pahsimeroi
                                                     Hatchery, East
                                                     Fork Captive
                                                     Rearing
                                                     Experiment, West
                                                     Fork Yankee Fork
                                                     Captive Rearing
                                                     Experiment, and
                                                     the Sawtooth
                                                     Hatchery spring/
                                                     summer-run
                                                     Chinook hatchery
                                                     programs.

[[Page 38274]]

 
                                   ...............  .................  ....................  ...................
(11) Southern Oregon/Northern      Oncorhynchus     U.S.A.- CA, OR,    62 FR 24588; May 6,   64 FR 24049; May 5,
 California Coast coho              kisutch          including all      1997                  1999
                                                     naturally         70 FR 37160; Jun 28,
                                                     spawned            2005
                                                     populations of
                                                     coho salmon in
                                                     coastal streams
                                                     between Cape
                                                     Blanco, Oregon,
                                                     and Punta Gorda,
                                                     California, as
                                                     well three
                                                     artificial
                                                     propagation
                                                     programs: the
                                                     Cole Rivers
                                                     Hatchery (ODFW
                                                     stock 
                                                     52), Trinity
                                                     River Hatchery,
                                                     and Iron Gate
                                                     Hatchery coho
                                                     hatchery
                                                     programs.
                                   ...............  .................  ....................  ...................
(12) Lower Columbia River coho     Oncorhynchus     U.S.A.- OR, WA,    70 FR 37160; Jun 28,  NA
                                    kisutch          including all      2005
                                                     naturally
                                                     spawned
                                                     populations of
                                                     coho salmon in
                                                     the Columbia
                                                     River and its
                                                     tributaries in
                                                     Washington and
                                                     Oregon, from the
                                                     mouth of the
                                                     Columbia up to
                                                     and including
                                                     the Big White
                                                     Salmon and Hood
                                                     Rivers, and
                                                     includes the
                                                     Willamette River
                                                     to Willamette
                                                     Falls, Oregon,
                                                     as well as
                                                     twenty-five
                                                     artificial
                                                     propagation
                                                     programs: the
                                                     Grays River, Sea
                                                     Resources
                                                     Hatchery,
                                                     Peterson Coho
                                                     Project, Big
                                                     Creek Hatchery,
                                                     Astoria High
                                                     School (STEP)
                                                     Coho Program,
                                                     Warrenton High
                                                     School (STEP)
                                                     Coho Program,
                                                     Elochoman Type-S
                                                     Coho Program,
                                                     Elochoman Type-N
                                                     Coho Program,
                                                     Cathlamet High
                                                     School FFA Type-
                                                     N Coho Program,
                                                     Cowlitz Type-N
                                                     Coho Program in
                                                     the Upper and
                                                     Lower Cowlitz
                                                     Rivers, Cowlitz
                                                     Game and Anglers
                                                     Coho Program,
                                                     Friends of the
                                                     Cowlitz Coho
                                                     Program, North
                                                     Fork Toutle
                                                     River Hatchery,
                                                     Kalama River
                                                     Type-N Coho
                                                     Program, Kalama
                                                     River Type-S
                                                     Coho Program,
                                                     Lewis River Type-
                                                     N Coho Program,
                                                     Lewis River Type-
                                                     S Coho Program,
                                                     Fish First Wild
                                                     Coho Program,
                                                     Fish First Type-
                                                     N Coho Program,
                                                     Syverson Project
                                                     Type-N Coho
                                                     Program, Eagle
                                                     Creek National
                                                     Fish Hatchery,
                                                     Sandy Hatchery,
                                                     and the
                                                     Bonneville/
                                                     Cascade/Oxbow
                                                     complex coho
                                                     hatchery
                                                     programs.
                                   ...............  .................  ....................  ...................
(13) Columbia River chum           Oncorhynchus     U.S.A.- OR, WA,    64 FR 14508; Mar.     70 FR 52630; Sep 2,
                                    keta             including all      25, 1999              2005
                                                     naturally         70 FR 37160; Jun 28,
                                                     spawned            2005
                                                     populations of
                                                     chum salmon in
                                                     the Columbia
                                                     River and its
                                                     tributaries in
                                                     Washington and
                                                     Oregon, as well
                                                     as three
                                                     artificial
                                                     propagation
                                                     programs: the
                                                     Chinook River
                                                     (Sea Resources
                                                     Hatchery), Grays
                                                     River, and
                                                     Washougal River/
                                                     Duncan Creek
                                                     chum hatchery
                                                     programs.

[[Page 38275]]

 
                                   ...............  .................  ....................  ...................
(14) Hood Canal summer-run chum    Oncorhynchus     U.S.A.- WA,        64 FR 14508; Mar.     70 FR 52630; Sep 2,
                                    keta             including all      25, 1999              2005
                                                     naturally         70 FR 37160; Jun 28,
                                                     spawned            2005
                                                     populations of
                                                     summer-run chum
                                                     salmon in Hood
                                                     Canal and its
                                                     tributaries as
                                                     well as
                                                     populations in
                                                     Olympic
                                                     Peninsula rivers
                                                     between Hood
                                                     Canal and
                                                     Dungeness Bay,
                                                     Washington, as
                                                     well as eight
                                                     artificial
                                                     propagation
                                                     programs: the
                                                     Quilcene NFH,
                                                     Hamma Hamma Fish
                                                     Hatchery,
                                                     Lilliwaup Creek
                                                     Fish Hatchery,
                                                     Union River/
                                                     Tahuya, Big Beef
                                                     Creek Fish
                                                     Hatchery, Salmon
                                                     Creek Fish
                                                     Hatchery,
                                                     Chimacum Creek
                                                     Fish Hatchery,
                                                     and the
                                                     Jimmycomelately
                                                     Creek Fish
                                                     Hatchery summer-
                                                     run chum
                                                     hatchery
                                                     programs.
                                   ...............  .................  ....................  ...................
(15) South-Central California      Oncorhynchus     U.S.A.- CA,        62 FR 43937; Aug 18,  70 FR 52488; Sep 2,
 Coast Steelhead                    mykiss           including all      1997                  2005
                                                     naturally         71 FR 834; January
                                                     spawned            5, 2006
                                                     populations of
                                                     steelhead (and
                                                     their progeny)
                                                     in streams from
                                                     the Pajaro River
                                                     (inclusive),
                                                     located in Santa
                                                     Cruz County,
                                                     California, to
                                                     (but not
                                                     including) the
                                                     Santa Maria
                                                     River.
                                   ...............  .................  ....................  ...................
(16) Central California Coast      Oncorhynchus     U.S.A.- CA,        62 FR 43937; Aug 18,  70 FR 52488; Sep 2,
 Steelhead                          mykiss           including all      1997                  2005
                                                     naturally         71 FR 834; January
                                                     spawned            5, 2006
                                                     populations of
                                                     steelhead (and
                                                     their progeny)
                                                     in streams from
                                                     the Russian
                                                     River to Aptos
                                                     Creek, Santa
                                                     Cruz County,
                                                     Californian
                                                     (inclusive), and
                                                     the drainages of
                                                     San Francisco
                                                     and San Pablo
                                                     Bays eastward to
                                                     the Napa River
                                                     (inclusive),
                                                     Napa County,
                                                     California.
                                                     Excludes the
                                                     Sacramento-San
                                                     Joaquin River
                                                     Basin of the
                                                     Central Valley
                                                     of California.
                                   ...............  .................  ....................  ...................
(17) California Central Valley     Oncorhynchus     U.S.A.- CA,        63 FR 13347; Mar.     70 FR 52488; Sep 2,
 Steelhead                          mykiss           including all      19, 1998              2005
                                                     naturally         71 FR 834; January
                                                     spawned            5, 2006
                                                     populations of
                                                     steelhead (and
                                                     their progeny)
                                                     in the
                                                     Sacramento and
                                                     San Joaquin
                                                     Rivers and their
                                                     tributaries,
                                                     excluding
                                                     steelhead from
                                                     San Francisco
                                                     and San Pablo
                                                     Bays and their
                                                     tributaries.
                                   ...............  .................  ....................  ...................
(18) Northern California           Oncorhynchus     U.S.A.- CA,        65 FR 36074; June 7,  70 FR 52488; Sep 2,
 Steelhead                          mykiss           including all      2000                  2005
                                                     naturally         71 FR 834; January
                                                     spawned            5, 2006
                                                     populations of
                                                     steelhead (and
                                                     their progeny)
                                                     in California
                                                     coastal river
                                                     basins from
                                                     Redwood Creek in
                                                     Humboldt County,
                                                     California, to
                                                     the Gualala
                                                     River,
                                                     inclusive, in
                                                     Mendocino
                                                     County,
                                                     California.
                                   ...............  .................  ....................  ...................
(19) Upper Willamette River        Oncorhynchus     U.S.A.- OR,        62 FR 43937; Aug 18,  70 FR 52630; Sep 2,
 Steelhead                          mykiss           including all      1997                  2005
                                                     naturally         71 FR 834; January
                                                     spawned            5, 2006
                                                     populations of
                                                     winter-run
                                                     steelhead in the
                                                     Willamette
                                                     River, Oregon,
                                                     and its
                                                     tributaries
                                                     upstream from
                                                     Willamette Falls
                                                     to the Calapooia
                                                     River,
                                                     inclusive.

[[Page 38276]]

 
                                   ...............  .................  ....................  ...................
(20) Lower Columbia River          Oncorhynchus     U.S.A.- OR, WA,    63 FR 13347; Mar 19,  70 FR 52630; Sep 2,
 Steelhead                          mykiss           including all      1998                  2005
                                                     naturally         71 FR 834; January
                                                     spawned            5, 2006
                                                     populations of
                                                     steelhead (and
                                                     their progeny)
                                                     in streams and
                                                     tributaries to
                                                     the Columbia
                                                     River between
                                                     the Cowlitz and
                                                     Wind Rivers,
                                                     Washington,
                                                     inclusive, and
                                                     the Willamette
                                                     and Hood Rivers,
                                                     Oregon,
                                                     inclusive.
                                                     Excluded are
                                                     steelhead in the
                                                     upper Willamette
                                                     River Basin
                                                     above Willamette
                                                     Falls, Oregon,
                                                     and from the
                                                     Little and Big
                                                     White Salmon
                                                     Rivers,
                                                     Washington.
                                   ...............  .................  ....................  ...................
(21) Middle Columbia River         Oncorhynchus     U.S.A.- OR, WA,    57 FR 14517; Mar 25,  70 FR 52630; Sep 2,
 Steelhead                          mykiss           including all      1999                  2005
                                                     naturally         71 FR 834; January
                                                     spawned            5, 2006
                                                     populations of
                                                     steelhead in
                                                     streams from
                                                     above the Wind
                                                     River,
                                                     Washington, and
                                                     the Hood River,
                                                     Oregon
                                                     (exclusive),
                                                     upstream to, and
                                                     including, the
                                                     Yakima River,
                                                     Washington.
                                                     Excluded are
                                                     steelhead from
                                                     the Snake River
                                                     Basin.
                                   ...............  .................  ....................  ...................
(22) Snake River Basin Steelhead   Oncorhynchus     U.S.A.- OR, WA,    62 FR 43937; Aug 18,  70 FR 52630; Sep 2,
                                    mykiss           ID, including      1997                  2005
                                                     all naturally     71 FR 834; January
                                                     spawned            5, 2006
                                                     populations of
                                                     steelhead (and
                                                     their progeny)
                                                     in streams in
                                                     the Snake River
                                                     Basin of
                                                     southeast
                                                     Washington,
                                                     northeast
                                                     Oregon, and
                                                     Idaho.
                                   ...............  .................  ....................  ...................
(d) Marine Invertebrates           ...............  .................  ....................  ...................
                                   ...............  .................  ....................  ...................
(1) Elkhorn coral                  Acropora         Wherever found.    71 FR 26852, May 9,   NA
                                    palmata          Includes United    2006
                                                     States Florida,
                                                     Puerto Rico,
                                                     U.S. Virgin
                                                     Islands,
                                                     Navassa; and
                                                     wider Caribbean
                                                     Belize,
                                                     Colombia, Costa
                                                     Rica, Guatemala,
                                                     Honduras,
                                                     Mexico,
                                                     Nicaragua,
                                                     Panama,
                                                     Venezuela and
                                                     all the islands
                                                     of the West
                                                     Indies.
                                   ...............  .................  ....................  ...................
(2) Staghorn coral                 Acropora         Wherever found.    71 FR 26852, May 9,   NA
                                    cervicornis      Includes United    2006
                                                     States Florida,
                                                     Puerto Rico,
                                                     U.S. Virgin
                                                     Islands,
                                                     Navassa; and
                                                     wider Caribbean
                                                     Belize,
                                                     Colombia, Costa
                                                     Rica, Guatemala,
                                                     Honduras,
                                                     Mexico,
                                                     Nicaragua,
                                                     Panama,
                                                     Venezuela and
                                                     all the islands
                                                     of the West
                                                     Indies.
                                   ...............  .................  ....................  ...................
(e) Marine Plants                  ...............  .................  ....................  ...................
                                   ...............  .................  ....................  ...................
(1) Johnson's seagrass             Halophila        Wherever found.    63 FR 49035; Sep 14,  65 FR 17786; Apr 5,
                                    johnsonii        U.S.A. -           1998                  2000
                                                     Southeastern FL
                                                     between
                                                     Sebastian Inlet
                                                     and north
                                                     Biscayne Bay.
----------------------------------------------------------------------------------------------------------------
\1\ Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement,
  see 61 FR 4722, February 7, 1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56
  FR 58612, November 20, 1991).
\2\ Jurisdiction for sea turtles by the Department of Commerce, National Oceanic and Atmospheric Administration,
  National Marine Fisheries Service, is limited to turtles while in the water.



[[Page 38277]]

    Authority: 16 U.S.C. 1531-1543; subpart B, Sec.  223.201-202 
also issued under 16 U.S.C. 1361 et seq.; 16 U.S.C. 5503(d) for 
Sec.  223.206(d)(9).

    Dated: June 27, 2006.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
[FR Doc. 06-6017 Filed 7-5-06; 8:45 am]
BILLING CODE 3510-22-S