Listing Endangered and Threatened Species: Change in Status for the Upper Columbia River Steelhead Distinct Population Segment, 42605-42606 [E9-20315]
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42605
Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Rules and Regulations
TABLE TWO
Vessel
Number
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USS PROVIDENCE ...................................................
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SSN 719 ....
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Approved: August 13, 2009.
C.J. Spain,
Deputy Assistant Judge Advocate General
(Admiralty and Maritime Law), Acting.
[FR Doc. E9–20280 Filed 8–21–09; 8:45 am]
BILLING CODE 3810–FF–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 223
[Docket No. 0907291194–91213–01]
RIN 0648–XQ71
Listing Endangered and Threatened
Species: Change in Status for the
Upper Columbia River Steelhead
Distinct Population Segment
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correcting
amendment.
SUMMARY: We, NMFS, announce that the
Upper Columbia River steelhead is
reclassified as a threatened species
consistent with a recent court ruling.
We also correct the table of threatened
fishes to indicate that the same species
is listed as threatened under the
Endangered Species Act of 1973 (ESA).
This species was inadvertently dropped
from the table during an unrelated
rulemaking.
DATES:
mstockstill on DSKH9S0YB1PROD with RULES
Masthead
lights distance to
stbd of
keel in
meters;
Rule 21
(a)
Effective August 24, 2009.
For
further information regarding this notice
contact Eric Murray, NMFS, Northwest
Region, (503) 231–2378; or Marta
Nammack, NMFS, Office of Protected
Resources, (301) 713–1401.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
VerDate Nov<24>2008
13:38 Aug 21, 2009
Jkt 217001
Forward
anchor
light, distance
below
flight dk
in meters;
§ 2(K),
Annex I
Forward
anchor
light,
number
of; Rule
30(a)(i)
*
0.41
AFT anchor light,
distance
below
flight dk
in meters;
Rule
21(e),
Rule
30(a)(ii)
*
X
*
X
X
*
Background
In 1997, we completed a
comprehensive status review of West
Coast steelhead (Oncorhynchus mykiss)
that resulted in ESA listings for Upper
Columbia River (UCR) steelhead and
nine other distinct population segments
(DPSs) of West Coast steelhead (62 FR
43937; Busby et al., 1996). At that time,
we determined that the UCR steelhead
was an endangered species. In January
2006, we reclassified the UCR steelhead
from endangered to threatened based on
an updated review that noted increasing
steelhead abundance, more widespread
spawning, and artificial propagation
programs aimed at improving local
adaptation and diversity within the
range of this DPS (71 FR 834; January
5, 2006 ). The decision to downlist UCR
steelhead was also based on our
application of a recent Policy on the
Consideration of Hatchery-Origin Fish
in Endangered species Act Listing
Determinations for Pacific Salmon and
Steelhead (70 FR 37204: June 28, 2005).
Subsequent to this downlisting, we also
published protective regulations (71 FR
5178; February 1, 2006), designated
critical habitat (70 FR 52630; September
2, 2005), and adopted a recovery plan
(72 FR 57303; October 10, 2007) for UCR
steelhead. In April 2006, our decision to
downlist UCR steelhead from
endangered to threatened was
challenged in the U.S. District Court for
the Western District of Washington.
On June 13, 2007, the district court
ruled that we had erred in downlisting
UCR steelhead, concluding that we had
not given appropriate consideration to
self-sustaining natural populations
(Trout Unlimited v. Lohn, C06–0483–
JCC, 2007). The result of this ruling was
to return UCR steelhead to endangered
status. We appealed that decision to the
U.S. Court of Appeals for the Ninth
Circuit, and on March 16, 2009, that
court ruled that our downlisting did not
violate the ESA and that, on remand, the
district court should grant NMFS’
motion for summary judgment.
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
AFT anchor light,
number
of; Rule
30(a)(ii)
Side
lights,
distance
below
flight dk
in meters;
§ 2(g),
Annex I
*
X
Side
lights,
distance
forward
masthead
light in
meters;
§ 3(b),
Annex I
Side
lights,
distance
inboard
of ship’s
sides in
meters;
§ 3(b),
Annex I
*
X
*
X
X
*
Accordingly, on June 18, 2009, the
district court revised its ruling,
effectively re-instating UCR steelhead to
threatened status under the ESA.
Current Status
Consistent with the Courts’ rulings
and our listing determination of January
5, 2006 (71 FR 834), the UCR steelhead
is listed as threatened under the ESA.
Critical habitat was designated for UCR
steelhead on September 2, 2005 (70 FR
52630). The protective regulations
issued for UCR steelhead on February 1,
2006 (71 FR 5178) are now effective. A
recovery plan was adopted for UCR
steelhead on October 9, 2007 (72 FR
57303).
Correcting Amendment
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 ESA (7l FR
26852). In the same action, we made a
format change to ensure that all
threatened species listed under
sect;(223.102 were in table format to
match the threatened fishes table. By
mistake, we did not include the already
listed UCR steelhead DPS in
§ 223.102(c). This document corrects the
table in § 223.102(c) to include the UCR
steelhead DPS as a threatened species.
References
Copies of previous Federal Register
Notices and reference materials are
available on the Internet at https://
www.nwr.noaa.gov, or upon request (see
FOR FURTHER INFORMATION CONTACT
section above).
List of Subjects in 50 CFR Part 223
Endangered and threatened species,
Exports, Imports, Transportation.
E:\FR\FM\24AUR1.SGM
24AUR1
42606
Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Rules and Regulations
Dated: August 17, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
§ 223.102 Enumeration of threatened
marine and anadromous species.
PART 223—THREATENED MARINE
AND ANADROMOUS SPECIES
*
1. The authority citation for part 223
continues to read as follows:
■
*
*
*
*
Authority: 16 U.S.C. 1531–1543.
Accordingly, 50 CFR part 223 is
corrected by making the following
correcting amendment:
■
2. In § 223.102, paragraph (c)(25) is
added to the table to read as follows:
■
Species1
Where Listed
Common Name
Citation(s) for Listing Determination(s)
Citation(s) for Critical
Habitat Designation(s)
U.S.A., WA, Distinct Population Segment
including all naturally spawned anadromous
O. mykiss (steelhead) populations below
natural and manmade impassable barriers in
streams in the Columbia River Basin
upstream from the Yakima River,
Washington, to the U.S.-Canada border, as
well as six artificial propagation programs:
the Wenatchee River, Wells Hatchery (in the
Methow and Okanogan Rivers), Winthrop
NFH, Omak Creek, and the Ringold
steelhead hatchery programs.
*
*
71 FR 834; January 5, 2006
70 FR 52630;
September 2, 2005
Scientific Name
(c) * * *
(25) Upper Columbia River
steelhead
*
Oncorhynchus
mykiss
*
*
*
*
1Species
includes taxonomic species, 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).
[FR Doc. E9–20315 Filed 8–21–09; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 090206152–9249–01]
RIN 0648–AX61
Fisheries of the Northeastern United
States; Atlantic Deep-Sea Red Crab
Fishery; Emergency Rule; Extension
mstockstill on DSKH9S0YB1PROD with RULES
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; emergency
action extended.
SUMMARY: NMFS is continuing
emergency measures to reduce the target
total allowable catch (TAC) and
associated days-at-sea (DAS) allocations
in the Atlantic deep-sea red crab fishery,
based on recent scientific information.
The red crab stock was assessed by the
Data Poor Stocks Working Group in the
fall of 2008, and a final report published
in January 2009 indicates that the
current estimate of maximum
sustainable yield (MSY) for red crab is
no longer reliable. This action is
VerDate Nov<24>2008
13:38 Aug 21, 2009
Jkt 217001
necessary to comply with the objectives
of the Deep-Sea Red Crab Fishery
Management Plan (FMP), as well as to
ensure compliance with the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act). This action is intended to prevent
unsustainable fishing of the red crab
resource while the New England Fishery
Management Council (Council)
develops specifications and measures to
address the new assessment results.
DATES: The expiration date of the
emergency rule published March 6,
2009 (74 FR 9770); is extended to
February 28, 2010, or until superseded
by another final rule which will publish
in the Federal Register.
ADDRESSES: Copies of the Small Entity
Compliance Guide, the Regulatory
Impact Review (RIR), and the
Environmental Assessment (EA)
prepared for the March 6, 2009,
emergency interim final rule are
available from Patricia A. Kurkul,
Regional Administrator, National
Marine Fisheries Service, 55 Great
Republic Drive, Gloucester, MA 01930.
FOR FURTHER INFORMATION CONTACT:
Moira Kelly, Fishery Policy Analyst,
(978) 281–9218, fax (978) 281–9135.
SUPPLEMENTARY INFORMATION: NMFS
published a rule that implemented
emergency measures to prevent
unsustainable fishing in the Atlantic
deep-sea red crab fishery in response to
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
results from the Northeast Fisheries
Science Center’s Data Poor Stocks
Working Group and Review Panel. A
temporary rule justifying emergency
action and soliciting public comment on
the emergency management measures
was published on March 6, 2009 (74 FR
9970), and NMFS accepted comments
through April 6, 2009. The measures
implemented by the emergency interim
final rule include: (1) a reduction in the
2009 target total allowable catch from
5.928 million lb (2,689 mt) to 3.56
million lb (1,615 mt); and (2) a
reduction in the number of DAS
initially allocated to each of the five
limited access permit holders from 156
DAS to 116 DAS. However, as has
occurred each year since 2003, one of
the limited access permits has been
declared out of the fishery for the 2009
fishing year. Therefore, the total fleetwide allocation of 582 DAS is
reallocated, and the resulting DAS
allocation remains 146 DAS for each of
the active four limited access permit
holders. These measures became
effective on April 6, 2009, and remain
in effect for a period of 180 calendar
days, expiring on September 2, 2009. A
more detailed explanation and
background for this action was provided
in the rule published on March 6, 2009,
and is not repeated here. This action
extends these regulations through the
end of the red crab fishing year. The
E:\FR\FM\24AUR1.SGM
24AUR1
]]>Agencies
[Federal Register Volume 74, Number 162 (Monday, August 24, 2009)]
[Rules and Regulations]
[Pages 42605-42606]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20315]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 223
[Docket No. 0907291194-91213-01]
RIN 0648-XQ71
Listing Endangered and Threatened Species: Change in Status for
the Upper Columbia River Steelhead Distinct Population Segment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: We, NMFS, announce that the Upper Columbia River steelhead is
reclassified as a threatened species consistent with a recent court
ruling. We also correct the table of threatened fishes to indicate that
the same species is listed as threatened under the Endangered Species
Act of 1973 (ESA). This species was inadvertently dropped from the
table during an unrelated rulemaking.
DATES: Effective August 24, 2009.
FOR FURTHER INFORMATION CONTACT: For further information regarding
this notice contact Eric Murray, NMFS, Northwest Region, (503) 231-
2378; or Marta Nammack, NMFS, Office of Protected Resources, (301) 713-
1401.
SUPPLEMENTARY INFORMATION:
Background
In 1997, we completed a comprehensive status review of West Coast
steelhead (Oncorhynchus mykiss) that resulted in ESA listings for Upper
Columbia River (UCR) steelhead and nine other distinct population
segments (DPSs) of West Coast steelhead (62 FR 43937; Busby et al.,
1996). At that time, we determined that the UCR steelhead was an
endangered species. In January 2006, we reclassified the UCR steelhead
from endangered to threatened based on an updated review that noted
increasing steelhead abundance, more widespread spawning, and
artificial propagation programs aimed at improving local adaptation and
diversity within the range of this DPS (71 FR 834; January 5, 2006 ).
The decision to downlist UCR steelhead was also based on our
application of a recent Policy on the Consideration of Hatchery-Origin
Fish in Endangered species Act Listing Determinations for Pacific
Salmon and Steelhead (70 FR 37204: June 28, 2005). Subsequent to this
downlisting, we also published protective regulations (71 FR 5178;
February 1, 2006), designated critical habitat (70 FR 52630; September
2, 2005), and adopted a recovery plan (72 FR 57303; October 10, 2007)
for UCR steelhead. In April 2006, our decision to downlist UCR
steelhead from endangered to threatened was challenged in the U.S.
District Court for the Western District of Washington.
On June 13, 2007, the district court ruled that we had erred in
downlisting UCR steelhead, concluding that we had not given appropriate
consideration to self-sustaining natural populations (Trout Unlimited
v. Lohn, C06-0483-JCC, 2007). The result of this ruling was to return
UCR steelhead to endangered status. We appealed that decision to the
U.S. Court of Appeals for the Ninth Circuit, and on March 16, 2009,
that court ruled that our downlisting did not violate the ESA and that,
on remand, the district court should grant NMFS' motion for summary
judgment. Accordingly, on June 18, 2009, the district court revised its
ruling, effectively re-instating UCR steelhead to threatened status
under the ESA.
Current Status
Consistent with the Courts' rulings and our listing determination
of January 5, 2006 (71 FR 834), the UCR steelhead is listed as
threatened under the ESA. Critical habitat was designated for UCR
steelhead on September 2, 2005 (70 FR 52630). The protective
regulations issued for UCR steelhead on February 1, 2006 (71 FR 5178)
are now effective. A recovery plan was adopted for UCR steelhead on
October 9, 2007 (72 FR 57303).
Correcting Amendment
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 ESA (7l FR 26852). In the same action, we made a format
change to ensure that all threatened species listed under sect;(223.102
were in table format to match the threatened fishes table. By mistake,
we did not include the already listed UCR steelhead DPS in Sec.
223.102(c). This document corrects the table in Sec. 223.102(c) to
include the UCR steelhead DPS as a threatened species.
References
Copies of previous Federal Register Notices and reference materials
are available on the Internet at https://www.nwr.noaa.gov, or upon
request (see FOR FURTHER INFORMATION CONTACT section above).
List of Subjects in 50 CFR Part 223
Endangered and threatened species, Exports, Imports,
Transportation.
[[Page 42606]]
Dated: August 17, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
Accordingly, 50 CFR part 223 is corrected by making the following
correcting amendment:
PART 223--THREATENED MARINE AND ANADROMOUS SPECIES
0
1. The authority citation for part 223 continues to read as follows:
Authority: 16 U.S.C. 1531-1543.
0
2. In Sec. 223.102, paragraph (c)(25) is added to the table to read as
follows:
Sec. 223.102 Enumeration of threatened marine and anadromous species.
* * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species\1\ Citation(s) for
-------------------------------------------------------- Where Listed Citation(s) for Listing Critical Habitat
Common Name Scientific Name Determination(s) Designation(s)
--------------------------------------------------------------------------------------------------------------------------------------------------------
(c) * * * ................. ......................................... .............................. ....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
(25) Upper Columbia River steelhead Oncorhynchus U.S.A., WA, Distinct Population Segment 71 FR 834; January 5, 2006 70 FR 52630;
mykiss including all naturally spawned September 2, 2005
anadromous O. mykiss (steelhead)
populations below natural and manmade
impassable barriers in streams in the
Columbia River Basin upstream from the
Yakima River, Washington, to the U.S.-
Canada border, as well as six artificial
propagation programs: the Wenatchee
River, Wells Hatchery (in the Methow and
Okanogan Rivers), Winthrop NFH, Omak
Creek, and the Ringold steelhead hatchery
programs.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\Species includes taxonomic species, 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).
[FR Doc. E9-20315 Filed 8-21-09; 8:45 am]
BILLING CODE 3510-22-S
