Endangered and Threatened Species; Designation of Critical Habitat for Atlantic Salmon (Salmo salar) Gulf of Maine Distinct Population Segment; Final Rule, 39903-39907 [E9-19094]

Download as PDF Federal Register / Vol. 74, No. 152 / Monday, August 10, 2009 / Rules and Regulations addressed to ‘‘Request for Waiver of Special Handling Fee, Office of the General Counsel, U.S. Copyright Office, Copyright GC/I&R, P.O. Box 70400, Washington, DC 20024,’’ and deposited with the United States Postal Service. Dated: July 29, 2009. Marybeth Peters, Register of Copyrights. Approved by: James H. Billington, The Librarian of Congress. [FR Doc. E9–19101 Filed 8–7–09; 8:45 am] BILLING CODE 1410–33–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 226 [Docket No. 0808061060–91139–03] RIN 0648–AW77 Endangered and Threatened Species; Designation of Critical Habitat for Atlantic Salmon (Salmo salar) Gulf of Maine Distinct Population Segment; Final Rule rmajette on DSK29S0YB1PROD with RULES AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration, Commerce. ACTION: Final rule. SUMMARY: We, the National Marine Fisheries Service (NMFS), issue a final rule to revise the regulatory language that appeared in a final rule that published in the Federal Register of June 19, 2009. The final rule designated critical habitat for the Atlantic salmon (USalmo salar) Gulf of Maine Distinct Population Segment (GOM DPS) under the Endangered Species Act (ESA). We designated as critical habitat 45 specific areas occupied by Atlantic salmon at the time of listing that comprise approximately 19,571 km of perennial river, stream, and estuary habitat and 799 square km of lake habitat within the range of the GOM DPS and in which are found those physical and biological features essential to the conservation of the species. We excluded approximately 1,256 km of river, stream, and estuary habitat and 100 square km of lake habitat from critical habitat pursuant to the ESA. We issue this final rule to revise the designated critical habitat for the expanded GOM DPS of Atlantic salmon to exclude all trust and fee holdings of the Penobscot Indian Nation, and we correct the table to add an ‘‘E’’ to indicate that Belfast Bay is VerDate Nov<24>2008 13:24 Aug 07, 2009 Jkt 217001 excluded from critical habitat under the ESA for reasons of economics. DATES: Effective August 10, 2009. FOR FURTHER INFORMATION CONTACT: Dan Kircheis, National Marine Fisheries Service, Maine Field Station, 17 Godfrey Drive, Orono, ME 04473 at (207) 866– 7320, or Marta Nammack at (301) 713– 1401 ext. 180. SUPPLEMENTARY INFORMATION: In the proposed rule to designate critical habitat for the expanded GOM DPS of Atlantic salmon (73 FR 51747; September 5, 2008), we proposed to exclude under section 4(b)(2) of the ESA all tribal lands from the critical habitat designation, based on Secretarial Order 3206 that recognizes Tribes as having the governmental authority and the desire to protect and manage their resources in a manner that is most beneficial to them. In the final rule to designate critical habitat for the expanded GOM DPS of Atlantic salmon (74 FR 29300; June 19, 2009), we included as critical habitat Trust and Fee lands owned by the Penobscot Indian Nation, based on our interpretation of comments that we received from the Penobscot Indian Nation. In their comments, the Penobscot Indian Nation stated that ‘‘the Nations Trust landholdings are adequately identified and appropriately excluded from Critical Habitat Designation.’’ Then they stated, ‘‘Given the extent of important salmon habitat located within the Penobscot Indian Reservation the Penobscot Nation asks that the services do not exclude any portion of the Penobscot Indian Reservation from the designation as Critical Habitat. The bed, banks, and islands that make up the Penobscot Indian Reservation are indeed ‘‘critical’’ to the survival of wild Atlantic salmon in the Penobscot River watershed. In fact, the Penobscot Nation believes that the recovery of the species will not be possible without adequate access to the Atlantic salmon habitat that is contained within the Penobscot Indian Reservation.’’ We interpreted this to mean that all of the Penobscot Indian Nation’s land should be included as critical habitat. On June 22, 2009, we received notice from the Tribe that we incorrectly included Trust and Fee lands as critical habitat when they were seeking to include reservation lands. This final rule corrects the final rule published on June 19, 2009 (74 FR 29300) to exclude all areas that are Trust and Fee lands of the Penobscot Indian Nation. Critical habitat on Penobscot Indian lands will remain designated only for those lands that make up the Penobscot Reservation. PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 39903 The exclusion of the Trust and Fee lands from the designation of critical habitat does not diminish the number of functional habitat units below those needed for the recovery of the species in the Penobscot Bay salmon habitat recovery unit. The effect of this correction is to exclude 1,400 instead of 1,256 km of river, stream, and estuary habitat and 127 instead of 100 sq km of lake habitat from critical habitat pursuant to section 4(b)(2) of the ESA. Recent information provided by the Penobscot on Tribal ownership of lands within the occupied range designated as critical habitat discloses that the Penobscot Tribe hold approximately 60,500 acres (244.8 sq km) of Fee lands and lands held in Trust within the areas occupied by GOM DPS. We have determined that all the rivers, streams, lakes, and estuaries of approximately 9,500 acres (38.4 sq km) of land held for the Passamaquoddy tribe already disclosed in the final rule and approximately 60,500 acres (244.8 sq km) of Fee lands and lands held in Trust by the Penobscot Nation (not disclosed in the final rule) within the areas occupied by the GOM DPS are excluded from critical habitat designation based on the principles of the Secretarial Order discussed above. The rivers, lakes, and streams within the approximately 4,400–acre (17.8 sq km) Penobscot Reservation are included as critical habitat per request of the Penobscot Nation. We do not believe that exclusion of Penobscot Tribal Trust lands and Passamaquoddy tribal lands, including their lands in the Downeast Coastal Salmon Habitat Recovery Unit (SHRU), will reduce the conservation value or functional habitat units of Atlantic salmon habitat within those particular areas, given the ongoing cooperative efforts between the Tribes and the agencies. The Penobscot Indian Nation and the Passamaquoddy Tribe own lands within the range of the GOM DPS and have actively pursued or participated in activities to further promote the health and continued existence of Atlantic salmon and their habitats. The Penobscot Indian Nation has developed and maintained its own water quality standards that state ‘‘it is the official policy of the Penobscot Nation that all waters of the Tribe shall be of sufficient quality to support the ancient and historical traditional and customary uses of such tribal waters by members of the Penobscot Nation.’’ The Tribe is also currently participating in the Penobscot River Restoration Project that has the intended goal of restoring 11 species of diadromous fish, including E:\FR\FM\10AUR1.SGM 10AUR1 39904 Federal Register / Vol. 74, No. 152 / Monday, August 10, 2009 / Rules and Regulations Atlantic salmon. The Passamaquoddy Tribe has continued to maintain efforts to balance agricultural practices with natural resources. In a tract of Tribal land in Township 19, which accounts for approximately 12 km of the 28 km of rivers and streams on Passamaquoddy land that contain physical and biological features essential to salmon, the Tribe has established an ordinance to govern its water withdrawals for these lands. This ordinance states, ‘‘it is important to the Tribe that its water withdrawals at T. 19 do not adversely affect the Atlantic salmon in any of its life stages, or its habitat,’’ and restricts water withdrawals to avoid adverse impact on the Atlantic salmon. The benefits of excluding Tribal lands from critical habitat include maintenance of a long-term working relationship between the Tribes and government agencies that promotes environmental conservation and Atlantic salmon conservation and the continued promotion of established national policies, our Federal trust obligations, and our deference to the Tribes in management of natural resources on their lands. Also, in § 226.217(b)(2)(i) of the June 19, 2009, final rule (74 FR 29300), we inadvertently left out the ‘‘E’’ in the table to indicate that the Belfast Bay HUC 10 watershed was excluded from critical habitat based on economic impacts. This final rule corrects that omission. Correction In FR Doc. E9–14268 appearing on page 29300 in the Federal Register of Friday, June 19, 2009, the following corrections are made: On page 29330, under the heading Other Relevant Impacts: Tribal Lands, third column, the first paragraph is corrected to read: ‘‘Secretarial Order rmajette on DSK29S0YB1PROD with RULES Classification The determinations made by the agency in the Classification section in the final rule published June 19, 2009 (74 FR 29300), with respect to Executive Order 12866, the Coastal Zone Management Act, the Regulatory Flexibility Act, the Information Quality Act, the Paperwork Reduction Act, the National Environmental Policy Act, Federalism, and Takings are unaltered by this correction. The Assistant Administrator for Fisheries, NOAA (AA) finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment because it is ‘‘unnecessary’’. Exclusion of the Penobscot Nation’s Trust and fee lands was part of the proposed rule on which public comment was solicited. The only comment received on this aspect of the proposed rule was from the Penobscot Nation. As such, this correction is considered a minor rule regarding which the public is not particularly interested. This correction actually responds to a further comment from the Penobscot Nation which pointed out that the agency had misinterpreted the intent of its comment on the proposed rule. The AA further finds pursuant to 5 U.S.C. 553(d)(3) good cause to waive the thirty (30) day delayed effectiveness period because it relieves a burden. Activities that are funded, authorized, or carried out by a Federal agency, such as agriculture, development, and transportation, on Tribal lands might be negatively impacted by the designation. If the activity may affect critical habitat, then the Federal agency would be required to consult with NMFS under ESA section 7 to ensure that the activity does not destroy or adversely modify critical habitat. Implementing this correction as soon as possible would remove this burden that might impact Federal activities on Tribal lands. List of Subjects in 50 CFR Part 226 Endangered and threatened species. Dated: August 3, 2009. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. PART 226—DESIGNATED CRITICAL HABITAT 1. The authority citation for part 226 continues to read as follows: ■ Authority: 16 U.S.C. 1533. 2. In § 226.217 paragraphs (b)(2)(i), (b)(4), and (b)(7)(ii) are revised to read as follows: ■ § 226.217 Critical habitat for the Gulf of Maine Distinct Population Segment of Atlantic Salmon (Salmo salar). * * * * * (b) * * * (2) * * * (i) HUC 10 watersheds in the Penobscot Bay SHRU analyzed for critical habitat, those that meet the criteria for critical habitat, and those excluded under ESA section 4(b)(2): HUC 10 Code HUC 10 Name 0102000101 0102000102 0102000103 0102000104 0102000105 0102000106 0102000107 0102000108 0102000109 0102000110 0102000201 0102000202 0102000203 0102000204 0102000205 0102000301 0102000302 North Branch Penobscot River ......................................... Seeboomook Lake ............................................................ WEST Branch Penobscot River at Chesuncook Lake ..... Caucomgomok Lake ......................................................... Chesuncook Lake .............................................................. Nesowadnehunk Stream ................................................... Nahamakanta Stream ....................................................... Jo-Mary Lake ..................................................................... West Branch Penobscot River (3) .................................... West Branch Penobscot River (4) .................................... Webster Brook ................................................................... Grand Lake Matagamon ................................................... East Branch Penobscot River (2) ..................................... Seboeis River .................................................................... East Branch Penobscot River (3) ..................................... West Branch Mattawamkeag River ................................... East Branch Mattawamkeag River .................................... Penobscot Bay SHRU 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 VerDate Nov<24>2008 3206 recognizes that Tribes have governmental authority and the desire to protect and manage their resources in the manner that is most beneficial to them. Pursuant to the Secretarial Order, and consistent with the Federal government’s trust responsibilities, the Services must consult with the affected Indian Tribes when considering the designation of critical habitat in areas that may impact tribal trust resources, tribally-owned fee lands, or the exercise of tribal rights.’’ 13:24 Aug 07, 2009 Jkt 217001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\10AUR1.SGM Status 10AUR1 Critical Critical Critical Critical Critical Critical Habitat Habitat Habitat Habitat Habitat Habitat Economic (E), Military (M), or Tribal (T) exclusions T T T T T Federal Register / Vol. 74, No. 152 / Monday, August 10, 2009 / Rules and Regulations HUC 10 Code HUC 10 Name Status 0102000303 0102000304 0102000305 0102000306 0102000307 0102000401 0102000402 0102000403 0102000404 0102000405 0102000406 0102000501 0102000502 0102000503 0102000505 0102000506 0102000507 0102000508 0102000509 0102000510 0102000511 0102000512 0102000513 0105000216 0105000217 0105000218 0105000219 0102000504 0105000220 Mattawamkeag River (1) ................................................... Baskahegan Stream .......................................................... Mattawamkeag River (2) ................................................... Molunkus Stream .............................................................. Mattawamkeag River (3 .................................................... Piscataquis River (1) ......................................................... Piscataquis River (3) ......................................................... Sebec River ....................................................................... Pleasant River ................................................................... Seboeis Stream ................................................................. Piscataquis River (4) ......................................................... Penobscot River (1) at Mattawamkeag ............................. Penobscot River (2) at West Enfield ................................. Passadumkeag River ........................................................ Sunkhaze Stream .............................................................. Penobscot River (3) at Orson Island ................................ Birch Stream ...................................................................... Pushaw Stream ................................................................. Penobscot River (4) at Veazie Dam ................................. Kenduskeag Stream .......................................................... Souadabscook Stream ...................................................... Marsh River ....................................................................... Penobscot River (6) .......................................................... Bagaduce River ................................................................. Stonington Coastal ............................................................ Belfast Bay ........................................................................ Ducktrap River ................................................................... Olamon Stream ................................................................. West Penobscot Bay Coastal ........................................... * * * * (4) Habitat that meets the definition of critical habitat in occupied habitat areas on Passamaquoddy Tribal Indian lands and Fee lands or lands held in Trust by the Penobscot Indian Reservation within the range of the GOM DPS are excluded from designation. Per request of the Penobscot Tribe, critical habitat does include occupied habitat that makes up the Penobscot Indian Reservation. The Indian lands specifically excluded from critical habitat are those defined in the Secretarial Order 3206, including: (i) Lands held in Trust by the United States for the benefit of any Indian Tribe; rmajette on DSK29S0YB1PROD with RULES * VerDate Nov<24>2008 13:24 Aug 07, 2009 Economic (E), Military (M), or Tribal (T) exclusions Critical Habitat Penobscot Bay SHRU 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 92 93 94 105 103 95 39905 Jkt 217001 (ii) Lands held in trust by the United States for the benefit of any Indian Tribe or individual subject to restrictions by the United States against alienation; (iii) Fee lands, either within or outside the reservation boundaries, owned by the tribal government; and (iv) Fee lands within the reservation boundaries owned by individual Indians. The rivers, streams, lakes, and estuaries on approximately 9,500 acres (38.4 sq km) of lands held by the Passamaquoddy Tribe and approximately 60,500 acres (244.8 sq km) of Fee lands and land held in Trust PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 Critical Critical Critical Critical Critical Habitat Habitat Habitat Habitat Habitat Critical Critical Critical Critical Critical Critical Critical Critical Critical Habitat Habitat Habitat Habitat Habitat Habitat Habitat Habitat Habitat Critical Critical Critical Critical Critical Habitat Habitat Habitat Habitat Habitat Critical Habitat Critical Habitat E T T T ‘‘ T T E T T E for the Penobscot Tribe within the areas occupied by the GOM DPS are excluded from critical habitat designation based on the principles of the Secretarial Order discussed above. Per request of the Penobscot Nation, the rivers, lakes, and streams within the approximately 4,400–acre (17.8 sq km) Penobscot Reservation are included as critical habitat. * * * * * (7) * * * (ii) Penobscot Bay SHRU. Critical habitat area (in sq km), areas excluded under ESA section 4(b)(2) (in sq km), and exclusion type, by HUC 10 watershed: E:\FR\FM\10AUR1.SGM 10AUR1 VerDate Nov<24>2008 Federal Register / Vol. 74, No. 152 / Monday, August 10, 2009 / Rules and Regulations 13:24 Aug 07, 2009 Jkt 217001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4725 E:\FR\FM\10AUR1.SGM 10AUR1 ER10au09.025</GPH> rmajette on DSK29S0YB1PROD with RULES 39906 Federal Register / Vol. 74, No. 152 / Monday, August 10, 2009 / Rules and Regulations * * * * 39907 * [FR Doc. E9–19094 Filed 8–7–09; 8:45 am] VerDate Nov<24>2008 13:24 Aug 07, 2009 Jkt 217001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\10AUR1.SGM 10AUR1 ER10AU09.026</GPH> rmajette on DSK29S0YB1PROD with RULES BILLING CODE 3510–22–S

Agencies

[Federal Register Volume 74, Number 152 (Monday, August 10, 2009)]
[Rules and Regulations]
[Pages 39903-39907]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19094]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 226

[Docket No. 0808061060-91139-03]
RIN 0648-AW77


Endangered and Threatened Species; Designation of Critical 
Habitat for Atlantic Salmon (Salmo salar) Gulf of Maine Distinct 
Population Segment; Final Rule

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

ACTION: Final rule.

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

SUMMARY: We, the National Marine Fisheries Service (NMFS), issue a 
final rule to revise the regulatory language that appeared in a final 
rule that published in the Federal Register of June 19, 2009. The final 
rule designated critical habitat for the Atlantic salmon (USalmo salar) 
Gulf of Maine Distinct Population Segment (GOM DPS) under the 
Endangered Species Act (ESA). We designated as critical habitat 45 
specific areas occupied by Atlantic salmon at the time of listing that 
comprise approximately 19,571 km of perennial river, stream, and 
estuary habitat and 799 square km of lake habitat within the range of 
the GOM DPS and in which are found those physical and biological 
features essential to the conservation of the species. We excluded 
approximately 1,256 km of river, stream, and estuary habitat and 100 
square km of lake habitat from critical habitat pursuant to the ESA. We 
issue this final rule to revise the designated critical habitat for the 
expanded GOM DPS of Atlantic salmon to exclude all trust and fee 
holdings of the Penobscot Indian Nation, and we correct the table to 
add an ``E'' to indicate that Belfast Bay is excluded from critical 
habitat under the ESA for reasons of economics.

DATES: Effective August 10, 2009.

FOR FURTHER INFORMATION CONTACT: Dan Kircheis, National Marine 
Fisheries Service, Maine Field Station, 17 Godfrey Drive, Orono, ME 
04473 at (207) 866-7320, or Marta Nammack at (301) 713-1401 ext. 180.

SUPPLEMENTARY INFORMATION: In the proposed rule to designate critical 
habitat for the expanded GOM DPS of Atlantic salmon (73 FR 51747; 
September 5, 2008), we proposed to exclude under section 4(b)(2) of the 
ESA all tribal lands from the critical habitat designation, based on 
Secretarial Order 3206 that recognizes Tribes as having the 
governmental authority and the desire to protect and manage their 
resources in a manner that is most beneficial to them.
    In the final rule to designate critical habitat for the expanded 
GOM DPS of Atlantic salmon (74 FR 29300; June 19, 2009), we included as 
critical habitat Trust and Fee lands owned by the Penobscot Indian 
Nation, based on our interpretation of comments that we received from 
the Penobscot Indian Nation. In their comments, the Penobscot Indian 
Nation stated that ``the Nations Trust landholdings are adequately 
identified and appropriately excluded from Critical Habitat 
Designation.'' Then they stated, ``Given the extent of important salmon 
habitat located within the Penobscot Indian Reservation the Penobscot 
Nation asks that the services do not exclude any portion of the 
Penobscot Indian Reservation from the designation as Critical Habitat. 
The bed, banks, and islands that make up the Penobscot Indian 
Reservation are indeed ``critical'' to the survival of wild Atlantic 
salmon in the Penobscot River watershed. In fact, the Penobscot Nation 
believes that the recovery of the species will not be possible without 
adequate access to the Atlantic salmon habitat that is contained within 
the Penobscot Indian Reservation.'' We interpreted this to mean that 
all of the Penobscot Indian Nation's land should be included as 
critical habitat.
    On June 22, 2009, we received notice from the Tribe that we 
incorrectly included Trust and Fee lands as critical habitat when they 
were seeking to include reservation lands. This final rule corrects the 
final rule published on June 19, 2009 (74 FR 29300) to exclude all 
areas that are Trust and Fee lands of the Penobscot Indian Nation. 
Critical habitat on Penobscot Indian lands will remain designated only 
for those lands that make up the Penobscot Reservation. The exclusion 
of the Trust and Fee lands from the designation of critical habitat 
does not diminish the number of functional habitat units below those 
needed for the recovery of the species in the Penobscot Bay salmon 
habitat recovery unit.
    The effect of this correction is to exclude 1,400 instead of 1,256 
km of river, stream, and estuary habitat and 127 instead of 100 sq km 
of lake habitat from critical habitat pursuant to section 4(b)(2) of 
the ESA.
    Recent information provided by the Penobscot on Tribal ownership of 
lands within the occupied range designated as critical habitat 
discloses that the Penobscot Tribe hold approximately 60,500 acres 
(244.8 sq km) of Fee lands and lands held in Trust within the areas 
occupied by GOM DPS. We have determined that all the rivers, streams, 
lakes, and estuaries of approximately 9,500 acres (38.4 sq km) of land 
held for the Passamaquoddy tribe already disclosed in the final rule 
and approximately 60,500 acres (244.8 sq km) of Fee lands and lands 
held in Trust by the Penobscot Nation (not disclosed in the final rule) 
within the areas occupied by the GOM DPS are excluded from critical 
habitat designation based on the principles of the Secretarial Order 
discussed above. The rivers, lakes, and streams within the 
approximately 4,400-acre (17.8 sq km) Penobscot Reservation are 
included as critical habitat per request of the Penobscot Nation.
    We do not believe that exclusion of Penobscot Tribal Trust lands 
and Passamaquoddy tribal lands, including their lands in the Downeast 
Coastal Salmon Habitat Recovery Unit (SHRU), will reduce the 
conservation value or functional habitat units of Atlantic salmon 
habitat within those particular areas, given the ongoing cooperative 
efforts between the Tribes and the agencies. The Penobscot Indian 
Nation and the Passamaquoddy Tribe own lands within the range of the 
GOM DPS and have actively pursued or participated in activities to 
further promote the health and continued existence of Atlantic salmon 
and their habitats. The Penobscot Indian Nation has developed and 
maintained its own water quality standards that state ``it is the 
official policy of the Penobscot Nation that all waters of the Tribe 
shall be of sufficient quality to support the ancient and historical 
traditional and customary uses of such tribal waters by members of the 
Penobscot Nation.'' The Tribe is also currently participating in the 
Penobscot River Restoration Project that has the intended goal of 
restoring 11 species of diadromous fish, including

[[Page 39904]]

Atlantic salmon. The Passamaquoddy Tribe has continued to maintain 
efforts to balance agricultural practices with natural resources. In a 
tract of Tribal land in Township 19, which accounts for approximately 
12 km of the 28 km of rivers and streams on Passamaquoddy land that 
contain physical and biological features essential to salmon, the Tribe 
has established an ordinance to govern its water withdrawals for these 
lands. This ordinance states, ``it is important to the Tribe that its 
water withdrawals at T. 19 do not adversely affect the Atlantic salmon 
in any of its life stages, or its habitat,'' and restricts water 
withdrawals to avoid adverse impact on the Atlantic salmon.
    The benefits of excluding Tribal lands from critical habitat 
include maintenance of a long-term working relationship between the 
Tribes and government agencies that promotes environmental conservation 
and Atlantic salmon conservation and the continued promotion of 
established national policies, our Federal trust obligations, and our 
deference to the Tribes in management of natural resources on their 
lands.
    Also, in Sec.  226.217(b)(2)(i) of the June 19, 2009, final rule 
(74 FR 29300), we inadvertently left out the ``E'' in the table to 
indicate that the Belfast Bay HUC 10 watershed was excluded from 
critical habitat based on economic impacts. This final rule corrects 
that omission.

Correction

    In FR Doc. E9-14268 appearing on page 29300 in the Federal Register 
of Friday, June 19, 2009, the following corrections are made:
    On page 29330, under the heading Other Relevant Impacts: Tribal 
Lands, third column, the first paragraph is corrected to read: 
``Secretarial Order 3206 recognizes that Tribes have governmental 
authority and the desire to protect and manage their resources in the 
manner that is most beneficial to them. Pursuant to the Secretarial 
Order, and consistent with the Federal government's trust 
responsibilities, the Services must consult with the affected Indian 
Tribes when considering the designation of critical habitat in areas 
that may impact tribal trust resources, tribally-owned fee lands, or 
the exercise of tribal rights.''

Classification

    The determinations made by the agency in the Classification section 
in the final rule published June 19, 2009 (74 FR 29300), with respect 
to Executive Order 12866, the Coastal Zone Management Act, the 
Regulatory Flexibility Act, the Information Quality Act, the Paperwork 
Reduction Act, the National Environmental Policy Act, Federalism, and 
Takings are unaltered by this correction.
    The Assistant Administrator for Fisheries, NOAA (AA) finds good 
cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the 
opportunity for public comment because it is ``unnecessary''. Exclusion 
of the Penobscot Nation's Trust and fee lands was part of the proposed 
rule on which public comment was solicited. The only comment received 
on this aspect of the proposed rule was from the Penobscot Nation. As 
such, this correction is considered a minor rule regarding which the 
public is not particularly interested. This correction actually 
responds to a further comment from the Penobscot Nation which pointed 
out that the agency had misinterpreted the intent of its comment on the 
proposed rule.
    The AA further finds pursuant to 5 U.S.C. 553(d)(3) good cause to 
waive the thirty (30) day delayed effectiveness period because it 
relieves a burden. Activities that are funded, authorized, or carried 
out by a Federal agency, such as agriculture, development, and 
transportation, on Tribal lands might be negatively impacted by the 
designation. If the activity may affect critical habitat, then the 
Federal agency would be required to consult with NMFS under ESA section 
7 to ensure that the activity does not destroy or adversely modify 
critical habitat. Implementing this correction as soon as possible 
would remove this burden that might impact Federal activities on Tribal 
lands.

List of Subjects in 50 CFR Part 226

    Endangered and threatened species.

    Dated: August 3, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

PART 226--DESIGNATED CRITICAL HABITAT

0
1. The authority citation for part 226 continues to read as follows:

    Authority: 16 U.S.C. 1533.

0
2. In Sec.  226.217 paragraphs (b)(2)(i), (b)(4), and (b)(7)(ii) are 
revised to read as follows:


Sec.  226.217  Critical habitat for the Gulf of Maine Distinct 
Population Segment of Atlantic Salmon (Salmo salar).

* * * * *
    (b) * * *
    (2) * * *
    (i) HUC 10 watersheds in the Penobscot Bay SHRU analyzed for 
critical habitat, those that meet the criteria for critical habitat, 
and those excluded under ESA section 4(b)(2):

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                               Economic
                                                                                                                                                 (E),
                                                                                                                                               Military
                   Penobscot Bay SHRU                    HUC 10 Code                       HUC 10 Name                           Status        (M), or
                                                                                                                                              Tribal (T)
                                                                                                                                              exclusions
--------------------------------------------------------------------------------------------------------------------------------------------------------
1                                                         0102000101                          North Branch Penobscot River   ..............  ...........
2                                                         0102000102                                           Seeboomook Lak..............  ...........
3                                                         0102000103            WEST Branch Penobscot River at Chesuncook Lak..............  ...........
4                                                         0102000104                                          Caucomgomok Lak..............  ...........
5                                                         0102000105                                           Chesuncook Lak..............  ...........
6                                                         0102000106                                  Nesowadnehunk Stream   ..............  ...........
7                                                         0102000107                                    Nahamakanta Stream   ..............  ...........
8                                                         0102000108                                              Jo-Mary Lak..............  ...........
9                                                         0102000109                       West Branch Penobscot River (3)   ..............  ...........
10                                                        0102000110                       West Branch Penobscot River (4)   ..............  ...........
11                                                        0102000201                                         Webster Brook   ..............  ...........
12                                                        0102000202                                                Grand Lake MataCritical            T
                                                                                                                                    Habitat
13                                                        0102000203                       East Branch Penobscot River (2)         Critical            T
                                                                                                                                    Habitat
14                                                        0102000204                                         Seboeis River         Critical            T
                                                                                                                                    Habitat
15                                                        0102000205                       East Branch Penobscot River (3)         Critical            T
                                                                                                                                    Habitat
16                                                        0102000301                        West Branch Mattawamkeag River         Critical            T
                                                                                                                                    Habitat
17                                                        0102000302                        East Branch Mattawamkeag River         Critical  ...........
                                                                                                                                    Habitat

[[Page 39905]]

 
18                                                        0102000303                                Mattawamkeag River (1)         Critical  ...........
                                                                                                                                    Habitat
19                                                        0102000304                                     Baskahegan Stream   ..............  ...........
20                                                        0102000305                                Mattawamkeag River (2)         Critical  ...........
                                                                                                                                    Habitat
21                                                        0102000306                                       Molunkus Stream         Critical            E
                                                                                                                                    Habitat
22                                                        0102000307                                 Mattawamkeag River (3         Critical            T
                                                                                                                                    Habitat
23                                                        0102000401                                 Piscataquis River (1)         Critical  ...........
                                                                                                                                    Habitat
24                                                        0102000402                                 Piscataquis River (3)         Critical  ...........
                                                                                                                                    Habitat
25                                                        0102000403                                           Sebec River   ..............  ...........
26                                                        0102000404                                        Pleasant River         Critical            T
                                                                                                                                    Habitat
27                                                        0102000405                                        Seboeis Stream         Critical            T
                                                                                                                                    Habitat
28                                                        0102000406                                 Piscataquis River (4)         Critical           ``
                                                                                                                                    Habitat
29                                                        0102000501                   Penobscot River (1) at Mattawamkeag         Critical            T
                                                                                                                                    Habitat
30                                                        0102000502                   Penobscot River (2) at West Enfield         Critical            T
                                                                                                                                    Habitat
31                                                        0102000503                                    Passadumkeag River         Critical            E
                                                                                                                                    Habitat
32                                                        0102000505                                       Sunkhaze Stream         Critical  ...........
                                                                                                                                    Habitat
33                                                        0102000506                   Penobscot River (3) at Orson Island         Critical            T
                                                                                                                                    Habitat
34                                                        0102000507                                          Birch Stream         Critical            T
                                                                                                                                    Habitat
35                                                        0102000508                                         Pushaw Stream   ..............  ...........
36                                                        0102000509                     Penobscot River (4) at Veazie Dam         Critical  ...........
                                                                                                                                    Habitat
37                                                        0102000510                                     Kenduskeag Stream         Critical  ...........
                                                                                                                                    Habitat
38                                                        0102000511                                   Souadabscook Stream         Critical  ...........
                                                                                                                                    Habitat
39                                                        0102000512                                           Marsh River         Critical  ...........
                                                                                                                                    Habitat
40                                                        0102000513                                   Penobscot River (6)         Critical  ...........
                                                                                                                                    Habitat
92                                                        0105000216                                        Bagaduce River   ..............  ...........
93                                                        0105000217                                    Stonington Coastal   ..............  ...........
94                                                        0105000218                                           Belfast Bay         Critical            E
                                                                                                                                    Habitat
105                                                       0105000219                                        Ducktrap River         Critical  ...........
                                                                                                                                    Habitat
103                                                       0102000504                                         Olamon Stream   ..............  ...........
95                                                        0105000220                            West Penobscot Bay Coastal   ..............  ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
    (4) Habitat that meets the definition of critical habitat in 
occupied habitat areas on Passamaquoddy Tribal Indian lands and Fee 
lands or lands held in Trust by the Penobscot Indian Reservation within 
the range of the GOM DPS are excluded from designation. Per request of 
the Penobscot Tribe, critical habitat does include occupied habitat 
that makes up the Penobscot Indian Reservation. The Indian lands 
specifically excluded from critical habitat are those defined in the 
Secretarial Order 3206, including:
    (i) Lands held in Trust by the United States for the benefit of any 
Indian Tribe;
    (ii) Lands held in trust by the United States for the benefit of 
any Indian Tribe or individual subject to restrictions by the United 
States against alienation;
    (iii) Fee lands, either within or outside the reservation 
boundaries, owned by the tribal government; and
    (iv) Fee lands within the reservation boundaries owned by 
individual Indians.
    The rivers, streams, lakes, and estuaries on approximately 9,500 
acres (38.4 sq km) of lands held by the Passamaquoddy Tribe and 
approximately 60,500 acres (244.8 sq km) of Fee lands and land held in 
Trust for the Penobscot Tribe within the areas occupied by the GOM DPS 
are excluded from critical habitat designation based on the principles 
of the Secretarial Order discussed above. Per request of the Penobscot 
Nation, the rivers, lakes, and streams within the approximately 4,400-
acre (17.8 sq km) Penobscot Reservation are included as critical 
habitat.
* * * * *
    (7) * * *
    (ii) Penobscot Bay SHRU. Critical habitat area (in sq km), areas 
excluded under ESA section 4(b)(2) (in sq km), and exclusion type, by 
HUC 10 watershed:

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* * * * *
[FR Doc. E9-19094 Filed 8-7-09; 8:45 am]
BILLING CODE 3510-22-S