Endangered and Threatened Wildlife and Plants; 44 Marine and Anadromous Taxa: Adding 10 Taxa, Delisting 1 Taxon, Reclassifying 1 Taxon, and Updating 32 Taxa on the List of Endangered and Threatened Wildlife, 20558-20567 [2011-8822]
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20558
Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Rules and Regulations
(Catalog of Federal Domestic Assistance
No. 97.022, ‘‘Flood Insurance.’’)
Dated: March 7, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation
Administrator, Mitigation, Department of
Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2011–8854 Filed 4–12–11; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R9–ES–2008–0125;
92100–1111–0000–B3]
RIN 1018–AW09
Endangered and Threatened Wildlife
and Plants; 44 Marine and
Anadromous Taxa: Adding 10 Taxa,
Delisting 1 Taxon, Reclassifying 1
Taxon, and Updating 32 Taxa on the
List of Endangered and Threatened
Wildlife
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), are amending
the List of Endangered and Threatened
Wildlife (List) by adding 10 marine taxa,
delisting 1 marine taxon, reclassifying 1
marine taxon, and revising 32 marine
taxa in accordance with the Endangered
Species Act of 1973, as amended (Act).
These amendments are based on
previously published determinations by
the National Marine Fisheries Service
(NMFS) of the National Oceanic and
Atmospheric Administration,
Department of Commerce, which has
jurisdiction for these species.
DATES: This rule is effective April 13,
2011. For applicability date by
individual taxon, see table 1 in
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT:
Michael Franz, 703–358–2171.
SUPPLEMENTARY INFORMATION:
emcdonald on DSK2BSOYB1PROD with RULES
SUMMARY:
Background
In accordance with the Act (16 U.S.C.
1531 et seq.) and Reorganization Plan
No. 4 of 1970 (35 FR 15627; October 6,
1970), NMFS has jurisdiction over the
marine and anadromous taxa specified
in this rule. Under section 4(a)(2) of the
Act, NMFS must decide whether a
species under its jurisdiction should be
classified as endangered or threatened.
NMFS makes these determinations via
its formal rulemaking process. We, the
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Service, are then responsible for
publishing final rules to amend the List
in the Code of Federal Regulations
(CFR) at 50 CFR 17.11(h).
Under section 4(a)(2)(A) of the Act, if
NMFS determines that a species should
be listed as endangered or threatened, or
that a species’ status should be changed
from threatened to endangered, then
NMFS is required to inform the Service
of the status change. The Service is then
responsible for implementing the status
change by publishing a final rule to
amend the List 50 CFR 17.11(h). Under
section 4(a)(2)(B) of the Act, if NMFS
determines that a species should be
removed from the List (delisted), or that
a species’ status should be changed from
an endangered to a threatened species,
then NMFS is required to recommend
the status change to the Service. If the
Service concurs with the recommended
status change, then the Service will
implement the status change by
publishing a final rule to amend the List
50 CFR 17.11(h).
As described below and set forth at
table 1, NMFS has published rules
regarding each of the species mentioned
in this rule. Section 4(a)(2)(A) applies to
all of the rules except that for the
Caribbean monk seal; with respect to
those rules, by publishing this final rule,
we are simply taking the necessary
administrative step to codify these
changes in the CFR. Section 4(a)(2)(B)
applies to the NMFS’s recommendation
to delist the Caribbean monk seal; we
have concurred with NMFS’s
recommendation, and this rule
implements that action.
Listings
We are adding the following ten
species to the List based on NMFS final
rules:
• Coho salmon, Lower Columbia
River evolutionarily significant unit
(ESU), as threatened (70 FR 37160; June
28, 2005);
• Steelhead, Puget Sound distinct
population segment (DPS), as threatened
(72 FR 26722; May 11, 2007);
• Coho salmon, Oregon Coast ESU, as
threatened with critical habitat (73 FR
7816; February 11, 2008);
• Beluga whale, Cook Inlet DPS, as
endangered (73 FR 62919; October 22,
2008);
• Black abalone as endangered (74 FR
1937; January 14, 2009);
• Bocaccio, Puget Sound/Georgia
Basin DPS, as endangered (75 FR 22276;
April 28, 2010);
• Canary rockfish, Puget Sound/
Georgia Basin DPS, as threatened (75 FR
22276; April 28, 2010);
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• Pacific eulachon, Southern DPS, as
threatened (75 FR 13012; March 18,
2010); and
• Yelloweyerockfish, Puget Sound/
Georgia Basin DPS, as threatened (75 FR
22276; April 28, 2010);
• Spotted seal, southern DPS, as
threatened (75 FR 65239), with a 4(d)
rule.
Please note: The Oregon Coast coho
salmon ESU was listed on August 10, 1998,
as threatened (63 FR 42587), but in 2001, the
U.S. District Court in Eugene, Oregon, set
aside that listing (AlseaValleyAlliance v.
Evans, 161 F. Supp. 2d 1154, (D. Or. 2001)).
On February 11, 2008, NMFS listed the
Oregon Coast coho salmon ESU as
threatened, issued protective regulations
under section 4(d) of the Act (known as a
4(d) rule), and designated critical habitat (73
FR 7816). As a result of another court
challenge (Douglas County v. Balsiger (Civ.
No. 08–01547; D. Or. 2008), NMFS reached
a settlement with the litigants and agreed to
conduct another status review of the ESU.
After conducting the additional status
review, NMFS proposed to affirm the status
for this ESU by promulgating a rule to
supersede its February 11, 2008, listing
determination (75 FR 29489; May 26, 2010).
Delisting
We are delisting the following species
based on a NMFS final rule:
• Caribbean monk seal (73 FR 63901;
October 28, 2008).
Reclassification
We are reclassifying the following
species based on a NMFS final rule:
• Coho salmon, Central California
Coast ESU, from threatened to
endangered (70 FR 37160; June 28,
2005).
Revisions
We are updating 32 entries on the List
based on NMFS final rules and to make
these entries easier for the public to
identify as follows:
• ‘‘Common Name’’ (adding ESU
subtitles) and ‘‘Vertebrate population
where endangered or threatened’’
updates for 14 salmon ESUs—Chinook
(California coastal, Central Valley
spring-run, Lower Columbia River,
Puget Sound, Sacramento River winterrun, Snake River fall-run, Snake River
spring/summer, Upper Columbia River
spring-run (as discussed below), and
Upper Willamette), chum (Columbia
River, Hood Canal summer-run), coho
(Central California Coast, Southern
Oregon–Northern California Coast), and
sockeye (Ozette Lake, Snake River)(70
FR 37160; June 28, 2005).
• Common Name’’ (adding DPS
subtitles) and ‘‘Vertebrate population
where endangered or threatened’’
updates for 10 steelhead DPSs—
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13APR1
Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Rules and Regulations
California Central Valley, Central
California Coast, Lower Columbia River,
Middle Columbia River, Northern
California, Snake River Basin, South–
Central California Coast, Southern
California, Upper Columbia River, and
Upper Willamette River (71 FR 833;
January 5, 2006).
• A status correction from threatened
to endangered for the Upper Columbia
River spring-run Chinook ESU (64 FR
14308, March 24, 1999; and 70 FR
37160, June 28, 2005) (This is the
second change described to the entry for
this species; the first is listed above with
the updates to the 14 salmon ESUs.).
• A new common name (Salmon,
Atlantic, Gulf of Maine DPS) for the
endangered Salmosalar, which is jointly
listed as a DPS by NMFS and the
Service, to make it clearer to the public
and a critical habitat entry (74 FR
29344, June 19, 2009; and 74 FR 29300,
June 19, 2009).
• A right whale taxonomic revision of
March 6, 2008 (73 FR 12024), which is
consistent with the technical revision of
68 FR 17560 (April 10, 2003). We
formally accept the technical revisions
of 68 FR 17560 as of this publication
and revise the North Pacific right whale
to add the critical habitat entry of April
8, 2008 (73 FR 19000).
• A critical habitat entry for the
Southern Resident DPS of killer whale
(71 FR 69054; November 29, 2006),
United States DPS of the smalltooth
sawfish (74 FR 45353; September 2,
20559
2009), elkhorn coral and staghorn coral
(74 FR 72209; November 26, 2008), and
Southern DPS of the North American
green sturgeon (74 FR 52299; October 9,
2009).
• A 4(d) rule entry for Puget Sound
steelhead (73 FR 55451; September 25,
2008), elkhorn and staghorn corals (73
FR 64264; October 29, 2008), and the
Southern DPS of green sturgeon (75 FR
30714; June 2, 2010).
The previous NMFS Federal Register
publications to propose and finalize
listings for these species are in table 1.
In all cases, within the published final
rule, NMFS addressed the public
comments received.
TABLE 1—RULEMAKING ACTIONS BY THE NATIONAL MARINE FISHERIES SERVICE TO ADD MARINE AND ANADROMOUS
SPECIES TO THE LIST OF ENDANGERED AND THREATENED WILDLIFE
Common name
Scientific name
Proposed rule publication
date, action
Final rule publication date,
change in action (If any)
Lower Columbia River
evolutionarily significant
unit (ESU) of coho salmon.
16 ESUs of West Coast
salmon.
Oncorhynchuskisutch ......................
June 14, 2004 (69 FR
33102), to list as threatened.
June 28, 2005 (70 FR
37160).
August 29, 2005.
Oncorhynchustshawytscha,
Oncorhynchuskisutch, Oncorhyn
chusnerka, Oncorhyn-chusketa.
June 28, 2005 (70 FR
37160), final rule for
listing determinations of
16 ESUs of West Coast
salmon.
August 29, 2005.
10 DPSs of West Coast
steelhead.
Oncorhynchusmykiss .......................
January 5, 2006 (71 FR
833), final rule for listing
determinations for 10
DPSs of West Coast
steelhead.
February 6, 2006.
Killer whale .......................
Orcinus orca ....................................
November 29, 2006 (71
FR 69054).
December 29,
2006.
Puget Sound distinct population segment (DPS)
of steelhead.
Oncorhynchusmykiss .......................
June 14, 2004 (69 FR
33102), proposed rule
on 27 DPSs of salmon,
including reclassifying
the Central California
Coast ESU of coho
salmon (Oncorhynchuskisutch) from
threatened to endangered.
June 14, 2004 (69 FR
33102), proposed rule
on 10 DPSs of
steelhead, including reclassifying the Upper
Columbia River DPS
from endangered to
threatened.
June 15, 2006 (71 FR
34571), to designate
critical habitat.
March 29, 2006 (71 FR
15666), to list as threatened.
May 11, 2007 (72 FR
26722), to issue protective regulations (a 4(d)
rule).
December 27, 2006 (71
FR 77694), taxonomic
revision.
October 29, 2007 (72 FR
61089), to designate
critical habitat.
June 14, 2004 (69 FR
33102), to list as threatened.
June 9, 2008 (73 FR
32521), to delist.
April 20, 2007 (72 FR
19854), to list as endangered.
May 11, 2007 (72 FR
26722).
June 11, 2007.
September 25, 2008 (73
FR 55451).
October 27, 2008.
March 6, 2008 (73 FR
12024).
April 7, 2008.
April 8, 2008 (73 FR
19000).
May 8, 2008.
February 11, 2008 (73 FR
7816).
May 12, 2008.
October 28, 2008 (73 FR
63901).
October 22, 2008 (73 FR
62919).
October 28, 2008.
emcdonald on DSK2BSOYB1PROD with RULES
North Atlantic right, North
Pacific right, and Southern right whale.
North Pacific right whale ...
Eubalaenaglacialis, Eubalaena japonica, Eubalaenaaustralis.
Oregon Coast ESU of
coho salmon.
Oncorhynchuskisutch ......................
Caribbean monk seal ........
Monachustropicalis ..........................
Cook Inlet DPS of beluga
whale.
Delphinapterusleucas ......................
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Eubalaena japonica .........................
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13APR1
Effective date
December 22,
2008.
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Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Rules and Regulations
TABLE 1—RULEMAKING ACTIONS BY THE NATIONAL MARINE FISHERIES SERVICE TO ADD MARINE AND ANADROMOUS
SPECIES TO THE LIST OF ENDANGERED AND THREATENED WILDLIFE—Continued
Common name
Elkhorn and staghorn corals.
Proposed rule publication
date, action
Scientific name
Acroporapalmata,
Acroporacervicornis.
Black abalone ...................
Haliotiscracherodii ...........................
Atlantic salmon (Gulf of
Maine DPS).
Salmosalar .......................................
Smalltooth sawfish (United
States DPS).
Pristispectinata ................................
North American green
sturgeon (Southern
DPS).
Acipensermedirostris .......................
Eulachon, Pacific (Southern DPS).
Thaleichthyspacificus .......................
Yelloweye rockfish, canary
rockfish, bocaccio
(Puget Sound/Georgia
Basin DPS),
Spotted seal (southern
DPS).
Sebastesruberrimus
Sebastespinniger
Sebastespaucispinis.
Phocalargha .....................................
emcdonald on DSK2BSOYB1PROD with RULES
Administrative Procedure Act
Because NMFS provided a public
comment period on each of the
proposed rules for these taxa, we find
good cause that the notice and public
comment procedures of 5 U.S.C. 553(b)
are unnecessary for this action. We also
find good cause under 5 U.S.C. 553(d)(3)
to make this rule effective immediately
upon publication. The NMFS rules
extended protection under the Act to
these species and listed them in 50 CFR
parts 223 and 224 or designated critical
habitat under 50 CFR part 226; this rule
is an administrative action to add the
species to or update their status on the
List in 50 CFR 17.11(h). The public
would not be served by delaying the
effective date of this rulemaking action.
Final rule publication date,
change in action (If any)
December 14, 2007 (72
FR 71102), to issue
protective regulations (a
4(d) rule).
February 6, 2008 (73 FR
6895), to designate critical habitat.
January 11, 2008 (73 FR
1986), to list as endangered.
September 3, 2008 (73
FR 51415), to list a distinct population segment (DPS) as endangered.
September 5, 2008 (73
FR 51747), to designate critical habitat.
November 20, 2008 (73
FR 70290), to designate critical habitat.
September 8, 2008 (73
FR 52084), to designate critical habitat.
May 21, 2009 (74 FR
23822), to issue protective regulations (a 4(d)
rule).
March 13, 2009 (74 FR
10857) to list as threatened.
April 23, 2009 (74 FR
18516), to list as endangered or threatened.
October 29, 2008 (73 FR
64264).
November 28,
2008.
November 26, 2008 (73
FR 72210).
December 26,
2008.
January 14, 2009 (74 FR
1937).
February 13, 2009.
DPS—June 19, 2009 (74
FR 29344).
July 20, 2009.
Critical habitat—June 19,
2009 (74 FR 29300).
July 20, 2009.
September 2, 2009 (74
FR 45353).
October 2, 2009.
October 9, 2009 (74 FR
52300).
November 9, 2009.
June 2, 2010 (75 FR
30714).
July 2, 2010.
March 18, 2010 (75 FR
13012).
May 17, 2010.
April 28, 2010 (75 FR
22276).
July 27, 2010.
October 20, 2009 (74 FR
53685), to list as threatened, with 4(d) rule.
October 25, 2010 (75 FR
65239).
November 22,
2010.
Environmental Policy Act of 1969, need
not be prepared in connection with
regulations adopted pursuant to section
4(a) of the Act. We outlined our reasons
for this determination in the Federal
Register on October 25, 1983 (48 FR
49244).
Regulation Promulgation
Paperwork Reduction Act
■
We have examined this regulation
under the Paperwork Reduction Act of
1995 and found it to contain no
information collection requirements. We
may not conduct or sponsor, and you
are not required to respond to, a
collection of information unless it
displays a currently valid Office of
Management and Budget (OMB) control
number.
Required Determinations
List of Subjects in 50 CFR Part 17
National Environmental Policy Act
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
We have determined that an
environmental assessment, as defined
under the authority of the National
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Accordingly, we amend part 17,
subchapter B of chapter I, title 50 of the
Code of Federal Regulations, as set forth
below:
PART 17—[AMENDED]
1. The authority citation for part 17
continues to read as follows:
Authority: 16 U.S.C. 1361–1407; 16 U.S.C.
1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–
625, 100 Stat. 3500; unless otherwise noted.
§ 17.11
[Amended]
2. Amend § 17.11(h) by:
a. Removing the entry under
MAMMALS for ‘‘Seal, Caribbean monk’’;
■ b. Revising the entries under
MAMMALS for ‘‘Whale, killer’’ and
‘‘Whale, North Pacific right’’; under
FISHES for
• ‘‘Salmon, Atlantic (Gulf of Maine
DPS)’’,
• ‘‘Salmon, Chinook (California
Coastal ESU)’’,
■
■
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Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Rules and Regulations
• ‘‘Salmon, Chinook (Central Valley
spring-run ESU)’’,
• ‘‘Salmon, Chinook (Lower Columbia
River ESU)’’,
• ‘‘Salmon, Chinook (Puget Sound
ESU)’’,
• ‘‘Salmon, Chinook (Sacramento
River winter-run ESU)’’,
• ‘‘Salmon, Chinook (Snake River fallrun ESU)’’,
• ‘‘Salmon, Chinook (Snake River
spring/summer-run ESU)’’,
• ‘‘Salmon, Chinook (Upper Columbia
spring-run ESU)’’,
• ‘‘Salmon Chinook (Upper
Willamette River ESU)’’,
• ‘‘Salmon, chum (Columbia River
ESU)’’,
• ‘‘Salmon, chum (Hood Canal
summer-run ESU)’’,
• ‘‘Salmon, coho (Central California
Coast ESU)’’,
• ‘‘Salmon, coho (Southern Oregon–
northern California Coast ESU)’’,
Species
Common name
• ‘‘Salmon, sockeye (Ozette Lake
ESU)’’,
• ‘‘Salmon, sockeye (Snake River
ESU)’’,
• ‘‘Sawfish, smalltooth (United States
DPS)’’,
• ‘‘Steelhead (California Central
Valley DPS)’’,
• ‘‘Steelhead (Central California Coast
DPS)’’,
• ‘‘Steelhead (Lower Columbia River
DPS)’’,
• ‘‘Steelhead (Middle Columbia River
DPS)’’,
• ‘‘Steelhead (Northern California
DPS)’’,
• ‘‘Steelhead (Snake River Basin
DPS)’’,
• ‘‘Steelhead (South Central
California Coast DPS)’’,
• ‘‘Steelhead (Southern California
DPS)’’,
• ‘‘Steelhead (Upper Columbia River
DPS)’’,
Historic
range
Scientific name
20561
• ‘‘Steelhead (Upper Willamette River
DPS)’’, and
• ‘‘Sturgeon, North American green
(Southern DPS); and under CORALS for
‘‘Coral, elkhorn’’ and ‘‘Coral, staghorn’’;
and
■ c. Adding entries in alphabetic order
under MAMMALS for ‘‘Seal, spotted
(Southern DPS)’’, ‘‘Whale, beluga (Cook
Inlet DPS)’’; under FISHES for
• ‘‘Bocaccio (Puget Sound/Georgia
Basin DPS)’’,
• ‘‘Eulachon, Pacific (Southern DPS)’’,
• ‘‘Rockfish, canary (Puget Sound/
Georgia Basin DPS)’’,
• ‘‘Rockfish, yelloweye (Puget Sound/
Georgia Basin DPS)’’,
• ‘‘Salmon, coho (Lower Columbia
River ESU)’’,
• ‘‘Salmon, coho (Oregon Coast
ESU)’’, and
• ‘‘Steelhead (Puget Sound DPS)’’;
and under SNAILSfor ‘‘Abalone, black’’
to read as set forth below:
Vertebrate population where endangered or threatened
Status
*
Southern DPS—all breeding populations of spotted seals south of
43 degrees north latitude in the
Pacific Ocean.
Cook Inlet DPS—Cook Inlet, Alaska
When
listed
*
Critical
habitat
Special
rules
MAMMALS
*
Seal, spotted
(southern
DPS).
*
Phocalargha ......................
*
Pacific Ocean; Sea of
Japan and northern
Yellow Sea.
Whale, beluga
(Cook Inlet
DPS).
Delphinapterusleucas .......
Oceanic; Cook Inlet,
northern Gulf of Alaska.
*
*
Orcinus orca .....................
*
Pacific Ocean ...............
*
*
Southern Resident DPS, which
consists of whales from the J, K,
and L pods, wherever they are
found in the wild.
*
*
Eubalaena japonica ..........
*
Oceanic ........................
*
*
Entire ...............................................
Whale, killer
(Southern
Resident
DPS).
Whale, North
Pacific right.
*
*
*
*
*
*
T
776
NA
223.211
E
776
NA
NA
756
*
226.206
NA
3
*
226.215
NA
*
E
*
E
*
*
*
FISHES
Bocaccio
(Puget
Sound–Georgia Basin
DPS).
emcdonald on DSK2BSOYB1PROD with RULES
Eulachon, Pacific (Southern DPS).
Rockfish, canary (Puget
Sound–Georgia Basin
DPS).
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*
*
Sebastespaucispinis .........
*
Pacific coast from
Punta Blanca, Baja
California, to the Gulf
of Alaska off Krozoff
and Kodiak Islands.
*
Puget
Sound–Georgia
DPS—U.S.A. (WA) and
Columbia, including Puget
and Georgia Basin.
*
*
Thaleichthyspacificus ........
*
Eastern Pacific Ocean,
from northern California to southwestern Alaska and
into the southeastern
Bering Sea.
*
*
Southern
DPS—Populations
spawning from the Skeena River
in British Columbia (inclusive)
south to the Mad River in Northern California (inclusive), wherever found.
*
*
Sebastespinniger ..............
*
Pacific coast from
Punta Colnett, Baja
California, to the
Western Gulf of Alaska.
*
Puget
Sound–Georgia
DPS—U.S.A. (WA) and
Columbia, including Puget
and Georgia Basin.
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*
Basin
British
Sound
*
Basin
British
Sound
*
776
*
NA
NA
776
*
NA
NA
776
E
*
NA
NA
*
T
*
T
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13APR1
20562
Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Rules and Regulations
Species
Historic
range
Vertebrate population where endangered or threatened
Status
When
listed
Critical
habitat
Sebastesruberrimus ..........
Pacific coast from
northern Baja California to the Aleutian
Islands, Alaska.
Puget
Sound–Georgia
Basin
DPS—U.S.A. (WA) and British
Columbia, including Puget Sound
and Georgia Basin.
T
776
NA
NA
Salmosalar ........................
U.S.A., Canada, Green- Gulf of Maine DPS—U.S.A. (ME),
land, western Europe.
which includes all naturally reproducing populations and those
river-specific
hatchery
populations cultured from them.
North America from
California Coastal ESU—U.S.A.
Ventura River in Cali(CA), including all naturally
fornia to Point Hope,
spawned populations of Chinook
Alaska, and the Macsalmon from rivers and streams
kenzie River area in
south of the Klamath River to the
Canada; northeast
Russian River, California, as well
Asia from Hokkaido,
as seven artificial propagation
Japan, to the Anadyr
programs: See 223.102.
River, Russia.
North America from
Central Valley spring-run ESU—
Ventura River in CaliU.S.A. (CA), including all natufornia to Point Hope,
rally spawned populations of
Alaska, and the Macspring-run Chinook salmon in the
kenzie River area in
Sacramento River and its tribuCanada; northeast
taries in California, including the
Asia from Hokkaido,
Feather River, as well as the
Japan, to the Anadyr
Feather River Hatchery springRiver, Russia.
run Chinook program.
North America from
Lower Columbia River ESU—
Ventura River in CaliU.S.A. (OR, WA), including all
fornia to Point Hope,
naturally spawned populations of
Alaska, and the MacChinook salmon from the Columkenzie River area in
bia River and its tributaries from
Canada; northeast
its mouth at the Pacific Ocean
Asia from Hokkaido,
upstream to a transitional point
Japan, to the Anadyr
between Washington and Oregon
River, Russia.
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 17 artificial propagation
programs: See 223.102.
North America from
Puget Sound ESU—U.S.A. (WA),
Ventura River in Caliincluding all naturally spawned
fornia to Point Hope,
populations of Chinook salmon
Alaska, and the Macfrom rivers and streams flowing
kenzie River area in
into Puget Sound including the
Canada; northeast
Straits of Juan De Fuca from the
Asia from Hokkaido,
Elwha River, eastward, including
Japan, to the Anadyr
rivers and streams flowing into
River, Russia.
Hood Canal, South Sound, North
Sound and the Strait of Georgia
in Washington, as well as 26 artificial propagation programs: See
223.102.
North America from
Sacramento
River
winter-run
Ventura River in CaliESU—U.S.A. (CA), including all
fornia to Point Hope,
naturally spawned populations of
Alaska, and the Macwinter-run Chinook salmon in the
kenzie River area in
Sacramento River and its tribuCanada; northeast
taries in California, as well as two
Asia from Hokkaido,
artificial propagation programs:
Japan, to the Anadyr
See 224.101(a).
River, Russia.
North America from
Snake River fall-run ESU—U.S.A.
Ventura River in Cali(ID, OR, WA), including all natufornia to Point Hope,
rally spawned populations of fallAlaska, and the Macrun Chinook salmon in the
kenzie River area in
mainstem Snake River below
Canada; northeast
Hells Canyon Dam, and in the
Asia from Hokkaido,
Tucannon River, Grande Ronde
Japan, to the Anadyr
River, Imnaha River, Salmon
River, Russia.
River, and Clearwater River, as
well as four artificial propagation
programs: See 223.102.
E
705
226.217
NA
T
674
226.211
NA
T
674
226.211
NA
T
664
226.212
223.203
T
664
226.212
223.203
E
383E, 407,
534
226.204
NA
T
516, 557E
226.205
NA
Scientific name
Rockfish,
yelloweye
(Puget
Sound–Georgia Basin
DPS).
Salmon, Atlantic (Gulf of
Maine DPS).
Salmon, Chinook (California Coastal ESU).
Oncorhynchustshawytscha
Salmon, Chinook (Central
Valley springrun ESU).
Oncorhynchustshawytscha
Salmon, Chinook (Lower
Columbia
River ESU).
Oncorhynchustshawytscha
Salmon, Chinook (Puget
Sound ESU).
Oncorhynchustshawytscha
Salmon, Chinook (Sacramento
River winterrun ESU).
Oncorhynchustshawytscha
Salmon, Chinook (Snake
River fall
ESU).
emcdonald on DSK2BSOYB1PROD with RULES
Common name
Oncorhynchustshawytscha
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20563
Species
Special
rules
Historic
range
Vertebrate population where endangered or threatened
Status
When
listed
Critical
habitat
Oncorhynchustshawytscha
North America from
Ventura River in California to Point Hope,
Alaska, and the Mackenzie River area in
Canada; northeast
Asia from Hokkaido,
Japan, to the Anadyr
River, Russia.
T
516, 557E
226.205
NA
Salmon, Chinook (Upper
Columbia
spring-run
ESU).
Oncorhynchustshawytscha
North America from
Ventura River in California to Point Hope,
Alaska, and the Mackenzie River area in
Canada; northeast
Asia from Hokkaido,
Japan, to the Anadyr
River, Russia.
E
664
226.212
NA
Salmon, Chinook (Upper
Willamette
River ESU).
Oncorhynchustshawytscha
T
664
226.212
223.203
Salmon, chum
(Columbia
River ESU).
Oncorhynchusketa ............
T
664
226.212
223.203
Salmon, chum
(Hood Canal
summer-run
ESU).
Oncorhynchusketa ............
North America from
Ventura River in California to Point Hope,
Alaska, and the Mackenzie River area in
Canada; northeast
Asia from Hokkaido,
Japan, to the Anadyr
River, Russia.
North Pacific Rim from
Korea and the Japanese Island of
Honshu east to Monterey Bay, California;
Arctic Ocean from
the Laptev Sea in
Russia to Mackenzie
River in Canada.
North Pacific Rim from
Korea and the Japanese Island of
Honshu east to Monterey Bay, California;
Arctic Ocean from
the Laptev Sea in
Russia to Mackenzie
River in Canada.
Snake River spring/summer-run
ESU—U.S.A. (ID, OR, WA), 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 15 artificial
propagation
programs:
See
223.102.
Upper Columbia spring-run ESU—
U.S.A. (WA), including all naturally spawned populations of Chinook salmon in all river reaches
accessible to Chinook salmon in
Columbia River tributaries upstream of the Rock Island Dam
and downstream of Chief Joseph
Dam in Washington (excluding
the Okanogan River), the Columbia River from a straight line connecting the west end of the
Clatsop jetty (south jetty, Oregon
side) and the west end of the
Peacock jetty (north jetty, Washington side) upstream to Chief
Joseph Dam in Washington, as
well as six artificial propagation
programs: See 224.101(a).
Upper Willamette River ESU—
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: See 223.102.
Columbia River ESU—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: See
223.102.
T
664
226.212
223.203
Salmon, coho
(Central California Coast
ESU).
Oncorhynchuskisutch .......
E
598
226.210
NA
Scientific name
Salmon, Chinook (Snake
River spring/
summer-run
ESU).
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Common name
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from U.S.A. (CA to
AK) to Russia and
Japan.
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Hood Canal summer-run ESU—
U.S.A. (WA), including all naturally spawned 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: See
223.102.
Central California Coast ESU—
U.S.A. (CA), including all naturally spawned populations of
coho salmon from Punta Gorda
in northern California south to
and including the San Lorenzo
River in central California, as well
as populations in tributaries to
San Francisco Bay, excluding the
Sacramento–San Joaquin River
system, as well as four artificial
propagation
programs:
See
224.101(a).
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Species
Historic
range
Common name
Scientific name
Salmon, coho
(Lower Columbia River
ESU).
Oncorhynchuskisutch .......
North Pacific Basin
from U.S.A. (CA to
AK) to Russia and
Japan.
Salmon, coho
(Oregon
Coast ESU).
Oncorhynchuskisutch .......
North Pacific Basin
from U.S.A. (CA to
AK) to Russia and
Japan.
Salmon, coho
(Southern
Oregon–
Northern
California
Coast ESU).
Oncorhynchuskisutch .......
North Pacific Basin
from U.S.A. (CA to
AK) to Russia and
Japan.
Salmon, sockeye (Ozette
Lake ESU).
Oncorhynchusnerka ..........
North Pacific Basin
from U.S.A. (CA) to
Russia.
Salmon, sockeye (Snake
River ESU).
Oncorhynchusnerka ..........
North Pacific Basin
from U.S.A. (CA) to
Russia.
Sawfish,
smalltooth
(United
States DPS).
Pristispectinata .................
North Atlantic (Mediterranean, U.S. Atlantic and Gulf of Mexico) and the Southwest Atlantic.
*
*
Oncorhynchusmykiss ........
*
North Pacific Ocean
from the Kamchatka
Peninsula in Asia to
the northern Baja Peninsula.
emcdonald on DSK2BSOYB1PROD with RULES
Steelhead
(California
Central Valley DPS).
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Vertebrate population where endangered or threatened
Status
When
listed
Critical
habitat
Lower Columbia River ESU—
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 25
artificial propagation programs:
See 223.102.
Oregon Coast ESU—U.S.A. (OR),
all naturally spawned populations
of coho salmon in Oregon coastal streams south of the Columbia
River and north of Cape Blanco,
including the Cow Creek (Oregon
Department of Fish and Wildlife
stock #37) coho hatchery program.
Southern Oregon–Northern California Coast ESU—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
as three artificial propagation programs: See 223.102.
Ozette Lake ESU—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:
See 223.102.
Snake River ESU—U.S.A. (ID), including all anadromous and residual sockeye salmon from the
Snake River Basin, Idaho, as
well as artificially propagated
sockeye salmon from the Redfish
Lake captive propagation program.
United States, DPS, Gulf of Mexico
from Texas to Florida and along
the east coast from Florida to
Cape Hatteras.
T
776
NA
T
776
226.212
223.203
T
618
226.210
NA
T
664
226.212
223.203
E
455
226.205
NA
E
748
226.218
NA
638
*
226.211
223.203
*
*
California Central Valley DPS—
U.S.A. (CA), including all naturally spawned anadromous O.
mykisssteelhead
populations
below natural and manmade impassable barriers in the Sacramento and San Joaquin Rivers
and their tributaries, excluding
steelhead from San Francisco
and San Pablo Bays and their
tributaries. It also includes
steelhead from the Coleman National Fish Hatchery and Feather
River Hatchery programs.
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Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Rules and Regulations
20565
Species
Special
rules
Historic
range
Vertebrate population where endangered or threatened
Status
When
listed
Critical
habitat
Oncorhynchusmykiss ........
North Pacific Ocean
from the Kamchatka
Peninsula in Asia to
the northern Baja Peninsula.
T
638
226.211
223.203
Steelhead
(Lower Columbia River
DPS).
Oncorhynchusmykiss ........
North Pacific Ocean
from the Kamchatka
Peninsula in Asia to
the northern Baja Peninsula.
T
638
226.212
223.203
Steelhead (Middle Columbia
River DPS).
Oncorhynchusmykiss ........
North Pacific Ocean
from the Kamchatka
Peninsula in Asia to
the northern Baja Peninsula.
T
664
226.212
223.203
Steelhead
(Northern
California
DPS).
Oncorhynchusmykiss ........
North Pacific Ocean
from the Kamchatka
Peninsula in Asia to
the northern
Baja Peninsula.
Central California Coast DPS—
U.S.A. (CA), including all naturally spawned anadromous O.
mykiss (steelhead) populations
below natural and manmade impassable barriers in California
streams from the Russian River
(inclusive) to Aptos Creek (inclusive), and the drainages of San
Francisco and San Pablo Bays
eastward to Chipps Island at the
confluence of the Sacramento
and San Joaquin Rivers. Tributary streams to Suisun Marsh including Suisun Creek, Green Valley Creek, and anunnamed tributary to Cordelia Slough (commonly referred to as Red Top
Creek), excluding the Sacramento-San
Joaquin
River
Basin, It also includes steelhead
from the Don Clausen Fish
Hatchery and Kingfisher Flat
Hatchery—Scott Creek (Monterey
Bay Salmon and Trout Project)
programs.
Lower Columbia River DPS—
U.S.A. (OR, WA), including all
naturally spawned anadromous
O. mykiss (steelhead) populations below natural and manmade impassable barriers in
streams and tributaries to the Columbia River between the Cowlitz
and Wind Rivers, Washington, inclusive, and the Willamette and
Hood Rivers, Oregon, inclusive. It
also includes steelhead from 10
artificial propagation programs:
See 223.102.
Middle Columbia River DPS—
U.S.A. (OR, WA), including all
naturally spawned anadromous
O. mykiss (steelhead) populations below natural and manmade impassable barriers in
streams from above the Wind
River, Washington, and the Hood
River, Oregon (exclusive), upstream to, and including, the
Yakima River, Washington, excluding O. mykiss from the
Snake River Basin. It also includes steelhead from seven artificial propagation programs: See
223.102.
Northern California DPS—U.S.A.
(CA), including all naturally
spawned anadromous O. mykiss
(steelhead) populations below
natural and manmade impassable barriers in California coastal
river basins from Redwood Creek
southward to, but not including,
the Russian River. It also includes steelhead from the Yager
Creek Hatchery, and North Fork
Gualala River Hatchery (Gualala
River Steelhead Project) hatchery
programs.
T
701
226.211
NA
Scientific name
Steelhead
(Central California Coast
DPS).
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Species
Historic
range
Vertebrate population where endangered or threatened
Status
When
listed
Critical
habitat
Oncorhynchusmykiss ........
North Pacific Ocean
from the Kamchatka
Peninsula in Asia to
the northern Baja Peninsula.
T
776
NA
223.203
Steelhead
(Snake River
Basin DPS).
Oncorhynchusmykiss ........
North Pacific Ocean
from the Kamchatka
Peninsula in Asia to
the northern Baja Peninsula.
T
638
226.212
223.203
Steelhead
(South Central California
Coast DPS).
Oncorhynchusmykiss ........
North Pacific Ocean
from the Kamchatka
Peninsula in Asia to
the northern Baja Peninsula.
T
638
226.211
223.203
Steelhead
(Southern
California
DPS).
Oncorhynchusmykiss ........
North Pacific Ocean
from the Kamchatka
Peninsula in Asia to
the northern Baja Peninsula.
E
638
226.211
NA
Steelhead
(Upper Columbia River
DPS).
Oncorhynchusmykiss ........
North Pacific Ocean
from the Kamchatka
Peninsula in Asia to
the northern Baja Peninsula.
T
638
226.212
NA
Steelhead
(Upper Willamette River
DPS).
Oncorhynchusmykiss ........
North Pacific Ocean
from the Kamchatka
Peninsula in Asia to
the northern Baja Peninsula.
Puget Sound DPS—U.S.A. (WA),
including all naturally spawned
anadromous
O.
mykiss
(steelhead) populations, from
streams in the river basins of the
Strait of Juan de Fuca, Puget
Sound, and Hood Canal, Washington, bounded to the west by
the Elwha River (inclusive) and to
the north by the Nooksack River
and Dakota Creek (inclusive), as
well as the Green River natural
and HammaHamma winter-run
steelhead hatchery stocks.
Snake River Basin DPS—U.S.A.
(ID, OR, WA), including all naturally spawned anadromous O.
mykiss (steelhead) populations
below natural and manmade impassable barriers in streams in
the Snake River Basin of southeast Washington, northeast Oregon, and Idaho. It also includes
steelhead from six artificial propagation programs: See 223.102.
South Central California Coast
DPS—U.S.A. (CA), including all
naturally spawned anadromous
O. mykiss (steelhead) populations below natural and manmade impassable barriers in
streams from the Pajaro River
(inclusive), to (but not including)
the Santa Maria River, California.
Southern California DPS—U.S.A.
(CA), including all naturally
spawned anadromous O. mykiss
(steelhead) populations below
natural and manmade impassable barriers in streams from the
Santa Maria River, San Luis
Obispo County, California, (inclusive) to the U.S.–Mexico border.
Upper Columbia River DPS—
U.S.A. (WA), 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:
See
223.102.
Upper Willamette River DPS—
U.S.A. (OR), including all naturally spawned anadromous O.
mykiss (steelhead) populations
below natural and manmade impassable barriers in the Willamette River, Oregon, and its tributaries upstream from Willamette
Falls to the Calapooia River, inclusive.
T
664
226.212
223.203
*
*
Acipensermedirostris ........
*
U.S.A. (CA) ..................
756
*
226.219
223.210
Scientific name
Steelhead
(Puget
Sound DPS).
emcdonald on DSK2BSOYB1PROD with RULES
Common name
Sturgeon, North
American
green
(Southern
DPS).
*
*
*
*
Southern DPS—U.S.A. (CA), which
includes all spawning populations
south of the Eel River (exclusive), principally including the
Sacramento River spawning population.
*
*
*
T
*
*
SNAILS
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rules
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20567
Species
Special
rules
Historic
range
Common name
Scientific name
Abalone, Black
*
*
Haliotiscracherodii ............
*
Vertebrate population where endangered or threatened
Status
*
North America (West
coast from Crescent
City, CA, USA, to
Cape San Lucas,
Baja California, Mexico.
*
*
NA ...................................................
E
*
*
*
When
listed
Critical
habitat
776
*
NA
*
*
*
NA
*
CORALS
Coral, elkhorn
*
*
Acroporapalmata ..............
Coral, staghorn
Acroporacervicornis ..........
*
U.S.A. (FL, PR, VI,
Navassa); and wider
Caribbean—Belize,
Colombia, Costa
Rica, Guatemala,
Honduras, Mexico,
Nicaragua, Panama,
Venezuela, and all
the islands of the
West Indies.
U.S.A. (FL, PR, VI,
Navassa); and wider
Caribbean—Belize,
Colombia, Costa
Rica, Guatemala,
Honduras, Mexico,
Nicaragua, Panama,
Venezuela, and all
the islands of the
West Indies.
*
*
NA ...................................................
T
*
756
*
226.216
223.208
NA ...................................................
T
756
226.216
223.208
Dated: February 10, 2011.
Rowan W. Gould,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 2011–8822 Filed 4–12–11; 8:45 am]
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]]>Agencies
[Federal Register Volume 76, Number 71 (Wednesday, April 13, 2011)]
[Rules and Regulations]
[Pages 20558-20567]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8822]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R9-ES-2008-0125; 92100-1111-0000-B3]
RIN 1018-AW09
Endangered and Threatened Wildlife and Plants; 44 Marine and
Anadromous Taxa: Adding 10 Taxa, Delisting 1 Taxon, Reclassifying 1
Taxon, and Updating 32 Taxa on the List of Endangered and Threatened
Wildlife
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are amending
the List of Endangered and Threatened Wildlife (List) by adding 10
marine taxa, delisting 1 marine taxon, reclassifying 1 marine taxon,
and revising 32 marine taxa in accordance with the Endangered Species
Act of 1973, as amended (Act). These amendments are based on previously
published determinations by the National Marine Fisheries Service
(NMFS) of the National Oceanic and Atmospheric Administration,
Department of Commerce, which has jurisdiction for these species.
DATES: This rule is effective April 13, 2011. For applicability date by
individual taxon, see table 1 in SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Michael Franz, 703-358-2171.
SUPPLEMENTARY INFORMATION:
Background
In accordance with the Act (16 U.S.C. 1531 et seq.) and
Reorganization Plan No. 4 of 1970 (35 FR 15627; October 6, 1970), NMFS
has jurisdiction over the marine and anadromous taxa specified in this
rule. Under section 4(a)(2) of the Act, NMFS must decide whether a
species under its jurisdiction should be classified as endangered or
threatened. NMFS makes these determinations via its formal rulemaking
process. We, the Service, are then responsible for publishing final
rules to amend the List in the Code of Federal Regulations (CFR) at 50
CFR 17.11(h).
Under section 4(a)(2)(A) of the Act, if NMFS determines that a
species should be listed as endangered or threatened, or that a
species' status should be changed from threatened to endangered, then
NMFS is required to inform the Service of the status change. The
Service is then responsible for implementing the status change by
publishing a final rule to amend the List 50 CFR 17.11(h). Under
section 4(a)(2)(B) of the Act, if NMFS determines that a species should
be removed from the List (delisted), or that a species' status should
be changed from an endangered to a threatened species, then NMFS is
required to recommend the status change to the Service. If the Service
concurs with the recommended status change, then the Service will
implement the status change by publishing a final rule to amend the
List 50 CFR 17.11(h).
As described below and set forth at table 1, NMFS has published
rules regarding each of the species mentioned in this rule. Section
4(a)(2)(A) applies to all of the rules except that for the Caribbean
monk seal; with respect to those rules, by publishing this final rule,
we are simply taking the necessary administrative step to codify these
changes in the CFR. Section 4(a)(2)(B) applies to the NMFS's
recommendation to delist the Caribbean monk seal; we have concurred
with NMFS's recommendation, and this rule implements that action.
Listings
We are adding the following ten species to the List based on NMFS
final rules:
Coho salmon, Lower Columbia River evolutionarily
significant unit (ESU), as threatened (70 FR 37160; June 28, 2005);
Steelhead, Puget Sound distinct population segment (DPS),
as threatened (72 FR 26722; May 11, 2007);
Coho salmon, Oregon Coast ESU, as threatened with critical
habitat (73 FR 7816; February 11, 2008);
Beluga whale, Cook Inlet DPS, as endangered (73 FR 62919;
October 22, 2008);
Black abalone as endangered (74 FR 1937; January 14,
2009);
Bocaccio, Puget Sound/Georgia Basin DPS, as endangered (75
FR 22276; April 28, 2010);
Canary rockfish, Puget Sound/Georgia Basin DPS, as
threatened (75 FR 22276; April 28, 2010);
Pacific eulachon, Southern DPS, as threatened (75 FR
13012; March 18, 2010); and
Yelloweyerockfish, Puget Sound/Georgia Basin DPS, as
threatened (75 FR 22276; April 28, 2010);
Spotted seal, southern DPS, as threatened (75 FR 65239),
with a 4(d) rule.
Please note: The Oregon Coast coho salmon ESU was listed on
August 10, 1998, as threatened (63 FR 42587), but in 2001, the U.S.
District Court in Eugene, Oregon, set aside that listing
(AlseaValleyAlliance v. Evans, 161 F. Supp. 2d 1154, (D. Or. 2001)).
On February 11, 2008, NMFS listed the Oregon Coast coho salmon ESU
as threatened, issued protective regulations under section 4(d) of
the Act (known as a 4(d) rule), and designated critical habitat (73
FR 7816). As a result of another court challenge (Douglas County v.
Balsiger (Civ. No. 08-01547; D. Or. 2008), NMFS reached a settlement
with the litigants and agreed to conduct another status review of
the ESU. After conducting the additional status review, NMFS
proposed to affirm the status for this ESU by promulgating a rule to
supersede its February 11, 2008, listing determination (75 FR 29489;
May 26, 2010).
Delisting
We are delisting the following species based on a NMFS final rule:
Caribbean monk seal (73 FR 63901; October 28, 2008).
Reclassification
We are reclassifying the following species based on a NMFS final
rule:
Coho salmon, Central California Coast ESU, from threatened
to endangered (70 FR 37160; June 28, 2005).
Revisions
We are updating 32 entries on the List based on NMFS final rules
and to make these entries easier for the public to identify as follows:
``Common Name'' (adding ESU subtitles) and ``Vertebrate
population where endangered or threatened'' updates for 14 salmon
ESUs--Chinook (California coastal, Central Valley spring-run, Lower
Columbia River, Puget Sound, Sacramento River winter-run, Snake River
fall-run, Snake River spring/summer, Upper Columbia River spring-run
(as discussed below), and Upper Willamette), chum (Columbia River, Hood
Canal summer-run), coho (Central California Coast, Southern Oregon-
Northern California Coast), and sockeye (Ozette Lake, Snake River)(70
FR 37160; June 28, 2005).
Common Name'' (adding DPS subtitles) and ``Vertebrate
population where endangered or threatened'' updates for 10 steelhead
DPSs--
[[Page 20559]]
California Central Valley, Central California Coast, Lower Columbia
River, Middle Columbia River, Northern California, Snake River Basin,
South-Central California Coast, Southern California, Upper Columbia
River, and Upper Willamette River (71 FR 833; January 5, 2006).
A status correction from threatened to endangered for the
Upper Columbia River spring-run Chinook ESU (64 FR 14308, March 24,
1999; and 70 FR 37160, June 28, 2005) (This is the second change
described to the entry for this species; the first is listed above with
the updates to the 14 salmon ESUs.).
A new common name (Salmon, Atlantic, Gulf of Maine DPS)
for the endangered Salmosalar, which is jointly listed as a DPS by NMFS
and the Service, to make it clearer to the public and a critical
habitat entry (74 FR 29344, June 19, 2009; and 74 FR 29300, June 19,
2009).
A right whale taxonomic revision of March 6, 2008 (73 FR
12024), which is consistent with the technical revision of 68 FR 17560
(April 10, 2003). We formally accept the technical revisions of 68 FR
17560 as of this publication and revise the North Pacific right whale
to add the critical habitat entry of April 8, 2008 (73 FR 19000).
A critical habitat entry for the Southern Resident DPS of
killer whale (71 FR 69054; November 29, 2006), United States DPS of the
smalltooth sawfish (74 FR 45353; September 2, 2009), elkhorn coral and
staghorn coral (74 FR 72209; November 26, 2008), and Southern DPS of
the North American green sturgeon (74 FR 52299; October 9, 2009).
A 4(d) rule entry for Puget Sound steelhead (73 FR 55451;
September 25, 2008), elkhorn and staghorn corals (73 FR 64264; October
29, 2008), and the Southern DPS of green sturgeon (75 FR 30714; June 2,
2010).
The previous NMFS Federal Register publications to propose and
finalize listings for these species are in table 1. In all cases,
within the published final rule, NMFS addressed the public comments
received.
Table 1--Rulemaking Actions by the National Marine Fisheries Service To Add Marine and Anadromous Species to the
List of Endangered and Threatened Wildlife
----------------------------------------------------------------------------------------------------------------
Final rule
Proposed rule publication date,
Common name Scientific name publication date, change in action Effective date
action (If any)
----------------------------------------------------------------------------------------------------------------
Lower Columbia River Oncorhynchuskisutc June 14, 2004 (69 June 28, 2005 (70 August 29, 2005.
evolutionarily significant unit h. FR 33102), to FR 37160).
(ESU) of coho salmon. list as
threatened.
16 ESUs of West Coast salmon.... Oncorhynchustshawy June 14, 2004 (69 June 28, 2005 (70 August 29, 2005.
tscha, FR 33102), FR 37160), final
Oncorhynchuskisut proposed rule on rule for listing
ch, 27 DPSs of determinations of
Oncorhynchusnerka salmon, including 16 ESUs of West
, Oncorhyn- reclassifying the Coast salmon.
chusketa. Central
California Coast
ESU of coho
salmon (Oncorhyn-
chuskisutch) from
threatened to
endangered.
10 DPSs of West Coast steelhead. Oncorhynchusmykiss June 14, 2004 (69 January 5, 2006 February 6, 2006.
FR 33102), (71 FR 833),
proposed rule on final rule for
10 DPSs of listing
steelhead, determinations
including for 10 DPSs of
reclassifying the West Coast
Upper Columbia steelhead.
River DPS from
endangered to
threatened.
Killer whale.................... Orcinus orca...... June 15, 2006 (71 November 29, 2006 December 29, 2006.
FR 34571), to (71 FR 69054).
designate
critical habitat.
Puget Sound distinct population Oncorhynchusmykiss March 29, 2006 (71 May 11, 2007 (72 June 11, 2007.
segment (DPS) of steelhead. FR 15666), to FR 26722).
list as
threatened.
May 11, 2007 (72 September 25, 2008 October 27, 2008.
FR 26722), to (73 FR 55451).
issue protective
regulations (a
4(d) rule).
North Atlantic right, North Eubalaenaglacialis December 27, 2006 March 6, 2008 (73 April 7, 2008.
Pacific right, and Southern , Eubalaena (71 FR 77694), FR 12024).
right whale. japonica, taxonomic
Eubalaenaaustrali revision.
s.
North Pacific right whale....... Eubalaena japonica October 29, 2007 April 8, 2008 (73 May 8, 2008.
(72 FR 61089), to FR 19000).
designate
critical habitat.
Oregon Coast ESU of coho salmon. Oncorhynchuskisutc June 14, 2004 (69 February 11, 2008 May 12, 2008.
h. FR 33102), to (73 FR 7816).
list as
threatened.
Caribbean monk seal............. Monachustropicalis June 9, 2008 (73 October 28, 2008 October 28, 2008.
FR 32521), to (73 FR 63901).
delist.
Cook Inlet DPS of beluga whale.. Delphinapterusleuc April 20, 2007 (72 October 22, 2008 December 22, 2008.
as. FR 19854), to (73 FR 62919).
list as
endangered.
[[Page 20560]]
Elkhorn and staghorn corals..... Acroporapalmata, December 14, 2007 October 29, 2008 November 28, 2008.
Acroporacervicorn (72 FR 71102), to (73 FR 64264).
is. issue protective
regulations (a
4(d) rule).
February 6, 2008 November 26, 2008 December 26, 2008.
(73 FR 6895), to (73 FR 72210).
designate
critical habitat.
Black abalone................... Haliotiscracherodi January 11, 2008 January 14, 2009 February 13, 2009.
i. (73 FR 1986), to (74 FR 1937).
list as
endangered.
Atlantic salmon (Gulf of Maine Salmosalar........ September 3, 2008 DPS--June 19, 2009 July 20, 2009.
DPS). (73 FR 51415), to (74 FR 29344).
list a distinct
population
segment (DPS) as
endangered.
September 5, 2008 Critical habitat-- July 20, 2009.
(73 FR 51747), to June 19, 2009 (74
designate FR 29300).
critical habitat.
Smalltooth sawfish (United Pristispectinata.. November 20, 2008 September 2, 2009 October 2, 2009.
States DPS). (73 FR 70290), to (74 FR 45353).
designate
critical habitat.
North American green sturgeon Acipensermedirostr September 8, 2008 October 9, 2009 November 9, 2009.
(Southern DPS). is. (73 FR 52084), to (74 FR 52300).
designate
critical habitat.
May 21, 2009 (74 June 2, 2010 (75 July 2, 2010.
FR 23822), to FR 30714).
issue protective
regulations (a
4(d) rule).
Eulachon, Pacific (Southern DPS) Thaleichthyspacifi March 13, 2009 (74 March 18, 2010 (75 May 17, 2010.
cus. FR 10857) to list FR 13012).
as threatened.
Yelloweye rockfish, canary Sebastesruberrimus April 23, 2009 (74 April 28, 2010 (75 July 27, 2010.
rockfish, bocaccio (Puget Sound/ Sebastespinniger FR 18516), to FR 22276).
Georgia Basin DPS), Sebastespaucispin list as
is. endangered or
threatened.
Spotted seal (southern DPS)..... Phocalargha....... October 20, 2009 October 25, 2010 November 22, 2010.
(74 FR 53685), to (75 FR 65239).
list as
threatened, with
4(d) rule.
----------------------------------------------------------------------------------------------------------------
Administrative Procedure Act
Because NMFS provided a public comment period on each of the
proposed rules for these taxa, we find good cause that the notice and
public comment procedures of 5 U.S.C. 553(b) are unnecessary for this
action. We also find good cause under 5 U.S.C. 553(d)(3) to make this
rule effective immediately upon publication. The NMFS rules extended
protection under the Act to these species and listed them in 50 CFR
parts 223 and 224 or designated critical habitat under 50 CFR part 226;
this rule is an administrative action to add the species to or update
their status on the List in 50 CFR 17.11(h). The public would not be
served by delaying the effective date of this rulemaking action.
Required Determinations
National Environmental Policy Act
We have determined that an environmental assessment, as defined
under the authority of the National Environmental Policy Act of 1969,
need not be prepared in connection with regulations adopted pursuant to
section 4(a) of the Act. We outlined our reasons for this determination
in the Federal Register on October 25, 1983 (48 FR 49244).
Paperwork Reduction Act
We have examined this regulation under the Paperwork Reduction Act
of 1995 and found it to contain no information collection requirements.
We may not conduct or sponsor, and you are not required to respond to,
a collection of information unless it displays a currently valid Office
of Management and Budget (OMB) control number.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
Accordingly, we amend part 17, subchapter B of chapter I, title 50
of the Code of Federal Regulations, as set forth below:
PART 17--[AMENDED]
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
Sec. 17.11 [Amended]
0
2. Amend Sec. 17.11(h) by:
0
a. Removing the entry under MAMMALS for ``Seal, Caribbean monk'';
0
b. Revising the entries under MAMMALS for ``Whale, killer'' and
``Whale, North Pacific right''; under FISHES for
``Salmon, Atlantic (Gulf of Maine DPS)'',
``Salmon, Chinook (California Coastal ESU)'',
[[Page 20561]]
``Salmon, Chinook (Central Valley spring-run ESU)'',
``Salmon, Chinook (Lower Columbia River ESU)'',
``Salmon, Chinook (Puget Sound ESU)'',
``Salmon, Chinook (Sacramento River winter-run ESU)'',
``Salmon, Chinook (Snake River fall-run ESU)'',
``Salmon, Chinook (Snake River spring/summer-run ESU)'',
``Salmon, Chinook (Upper Columbia spring-run ESU)'',
``Salmon Chinook (Upper Willamette River ESU)'',
``Salmon, chum (Columbia River ESU)'',
``Salmon, chum (Hood Canal summer-run ESU)'',
``Salmon, coho (Central California Coast ESU)'',
``Salmon, coho (Southern Oregon-northern California Coast
ESU)'',
``Salmon, sockeye (Ozette Lake ESU)'',
``Salmon, sockeye (Snake River ESU)'',
``Sawfish, smalltooth (United States DPS)'',
``Steelhead (California Central Valley DPS)'',
``Steelhead (Central California Coast DPS)'',
``Steelhead (Lower Columbia River DPS)'',
``Steelhead (Middle Columbia River DPS)'',
``Steelhead (Northern California DPS)'',
``Steelhead (Snake River Basin DPS)'',
``Steelhead (South Central California Coast DPS)'',
``Steelhead (Southern California DPS)'',
``Steelhead (Upper Columbia River DPS)'',
``Steelhead (Upper Willamette River DPS)'', and
``Sturgeon, North American green (Southern DPS); and under
CORALS for ``Coral, elkhorn'' and ``Coral, staghorn''; and
0
c. Adding entries in alphabetic order under MAMMALS for ``Seal, spotted
(Southern DPS)'', ``Whale, beluga (Cook Inlet DPS)''; under FISHES for
``Bocaccio (Puget Sound/Georgia Basin DPS)'',
``Eulachon, Pacific (Southern DPS)'',
``Rockfish, canary (Puget Sound/Georgia Basin DPS)'',
``Rockfish, yelloweye (Puget Sound/Georgia Basin DPS)'',
``Salmon, coho (Lower Columbia River ESU)'',
``Salmon, coho (Oregon Coast ESU)'', and
``Steelhead (Puget Sound DPS)'';
and under SNAILSfor ``Abalone, black'' to read as set forth below:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
------------------------------------------------------ population where Critical Special
Historic range endangered or Status When listed habitat rules
Common name Scientific name threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mammals
* * * * * * *
Seal, spotted (southern DPS).... Phocalargha........ Pacific Ocean; Sea Southern DPS--all T 776 NA 223.211
of Japan and breeding
northern Yellow populations of
Sea. spotted seals
south of 43
degrees north
latitude in the
Pacific Ocean.
Whale, beluga (Cook Inlet DPS).. Delphinapterusleuca Oceanic; Cook Cook Inlet DPS-- E 776 NA NA
s. Inlet, northern Cook Inlet, Alaska.
Gulf of Alaska.
* * * * * * *
Whale, killer (Southern Resident Orcinus orca....... Pacific Ocean...... Southern Resident E 756 226.206 NA
DPS). DPS, which
consists of whales
from the J, K, and
L pods, wherever
they are found in
the wild.
* * * * * * *
Whale, North Pacific right...... Eubalaena japonica. Oceanic............ Entire............. E 3 226.215 NA
* * * * * * *
Fishes
* * * * * * *
Bocaccio (Puget Sound-Georgia Sebastespaucispinis Pacific coast from Puget Sound-Georgia E 776 NA NA
Basin DPS). Punta Blanca, Baja Basin DPS--U.S.A.
California, to the (WA) and British
Gulf of Alaska off Columbia,
Krozoff and Kodiak including Puget
Islands. Sound and Georgia
Basin.
* * * * * * *
Eulachon, Pacific (Southern DPS) Thaleichthyspacific Eastern Pacific Southern DPS-- T 776 NA NA
us. Ocean, from Populations
northern spawning from the
California to Skeena River in
southwestern British Columbia
Alaska and into (inclusive) south
the southeastern to the Mad River
Bering Sea. in Northern
California
(inclusive),
wherever found.
* * * * * * *
Rockfish, canary (Puget Sound- Sebastespinniger... Pacific coast from Puget Sound-Georgia T 776 NA NA
Georgia Basin DPS). Punta Colnett, Basin DPS--U.S.A.
Baja California, (WA) and British
to the Western Columbia,
Gulf of Alaska. including Puget
Sound and Georgia
Basin.
[[Page 20562]]
Rockfish, yelloweye (Puget Sound- Sebastesruberrimus. Pacific coast from Puget Sound-Georgia T 776 NA NA
Georgia Basin DPS). northern Baja Basin DPS--U.S.A.
California to the (WA) and British
Aleutian Islands, Columbia,
Alaska. including Puget
Sound and Georgia
Basin.
Salmon, Atlantic (Gulf of Maine Salmosalar......... U.S.A., Canada, Gulf of Maine DPS-- E 705 226.217 NA
DPS). Greenland, western U.S.A. (ME), which
Europe. includes all
naturally
reproducing
populations and
those river-
specific hatchery
populations
cultured from
them.
Salmon, Chinook (California Oncorhynchustshawyt North America from California Coastal T 674 226.211 NA
Coastal ESU). scha. Ventura River in ESU--U.S.A. (CA),
California to including all
Point Hope, naturally spawned
Alaska, and the populations of
Mackenzie River Chinook salmon
area in Canada; from rivers and
northeast Asia streams south of
from Hokkaido, the Klamath River
Japan, to the to the Russian
Anadyr River, River, California,
Russia. as well as seven
artificial
propagation
programs: See
223.102.
Salmon, Chinook (Central Valley Oncorhynchustshawyt North America from Central Valley T 674 226.211 NA
spring-run ESU). scha. Ventura River in spring-run ESU--
California to U.S.A. (CA),
Point Hope, including all
Alaska, and the naturally spawned
Mackenzie River populations of
area in Canada; spring-run Chinook
northeast Asia salmon in the
from Hokkaido, Sacramento River
Japan, to the and its
Anadyr River, tributaries in
Russia. California,
including the
Feather River, as
well as the
Feather River
Hatchery spring-
run Chinook
program.
Salmon, Chinook (Lower Columbia Oncorhynchustshawyt North America from Lower Columbia T 664 226.212 223.203
River ESU). scha. Ventura River in River ESU--U.S.A.
California to (OR, WA),
Point Hope, including all
Alaska, and the naturally spawned
Mackenzie River populations of
area in Canada; Chinook salmon
northeast Asia from the Columbia
from Hokkaido, River and its
Japan, to the tributaries from
Anadyr River, its mouth at the
Russia. 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 17
artificial
propagation
programs: See
223.102.
Salmon, Chinook (Puget Sound Oncorhynchustshawyt North America from Puget Sound ESU-- T 664 226.212 223.203
ESU). scha. Ventura River in U.S.A. (WA),
California to including all
Point Hope, naturally spawned
Alaska, and the populations of
Mackenzie River Chinook salmon
area in Canada; from rivers and
northeast Asia streams flowing
from Hokkaido, into Puget Sound
Japan, to the including the
Anadyr River, Straits of Juan De
Russia. 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 26
artificial
propagation
programs: See
223.102.
Salmon, Chinook (Sacramento Oncorhynchustshawyt North America from Sacramento River E 383E, 407, 226.204 NA
River winter-run ESU). scha. Ventura River in winter-run ESU-- 534
California to U.S.A. (CA),
Point Hope, including all
Alaska, and the naturally spawned
Mackenzie River populations of
area in Canada; winter-run Chinook
northeast Asia salmon in the
from Hokkaido, Sacramento River
Japan, to the and its
Anadyr River, tributaries in
Russia. California, as
well as two
artificial
propagation
programs: See
224.101(a).
Salmon, Chinook (Snake River Oncorhynchustshawyt North America from Snake River fall- T 516, 557E 226.205 NA
fall ESU). scha. Ventura River in run ESU--U.S.A.
California to (ID, OR, WA),
Point Hope, including all
Alaska, and the naturally spawned
Mackenzie River populations of
area in Canada; fall-run Chinook
northeast Asia salmon in the
from Hokkaido, mainstem Snake
Japan, to the River below Hells
Anadyr River, Canyon Dam, and in
Russia. the Tucannon
River, Grande
Ronde River,
Imnaha River,
Salmon River, and
Clearwater River,
as well as four
artificial
propagation
programs: See
223.102.
[[Page 20563]]
Salmon, Chinook (Snake River Oncorhynchustshawyt North America from Snake River spring/ T 516, 557E 226.205 NA
spring/summer-run ESU). scha. Ventura River in summer-run ESU--
California to U.S.A. (ID, OR,
Point Hope, WA), including all
Alaska, and the naturally spawned
Mackenzie River populations of
area in Canada; spring/summer-run
northeast Asia Chinook salmon in
from Hokkaido, the mainstem Snake
Japan, to the River and the
Anadyr River, Tucannon River,
Russia. Grande Ronde
River, Imnaha
River, and Salmon
River subbasins,
as well as 15
artificial
propagation
programs: See
223.102.
Salmon, Chinook (Upper Columbia Oncorhynchustshawyt North America from Upper Columbia E 664 226.212 NA
spring-run ESU). scha. Ventura River in spring-run ESU--
California to U.S.A. (WA),
Point Hope, including all
Alaska, and the naturally spawned
Mackenzie River populations of
area in Canada; Chinook salmon in
northeast Asia all river reaches
from Hokkaido, accessible to
Japan, to the Chinook salmon in
Anadyr River, Columbia River
Russia. tributaries
upstream of the
Rock Island Dam
and downstream of
Chief Joseph Dam
in Washington
(excluding the
Okanogan River),
the Columbia River
from a straight
line connecting
the west end of
the Clatsop jetty
(south jetty,
Oregon side) and
the west end of
the Peacock jetty
(north jetty,
Washington side)
upstream to Chief
Joseph Dam in
Washington, as
well as six
artificial
propagation
programs: See
224.101(a).
Salmon, Chinook (Upper Oncorhynchustshawyt North America from Upper Willamette T 664 226.212 223.203
Willamette River ESU). scha. Ventura River in River ESU--U.S.A.
California to (OR), including
Point Hope, all naturally
Alaska, and the spawned
Mackenzie River populations of
area in Canada; spring-run Chinook
northeast Asia salmon in the
from Hokkaido, Clackamas River
Japan, to the and in the
Anadyr River, Willamette River,
Russia. and its
tributaries, above
Willamette Falls,
Oregon, as well as
seven artificial
propagation
programs: See
223.102.
Salmon, chum (Columbia River Oncorhynchusketa... North Pacific Rim Columbia River ESU-- T 664 226.212 223.203
ESU). from Korea and the U.S.A. (OR, WA),
Japanese Island of including all
Honshu east to naturally spawned
Monterey Bay, populations of
California; Arctic chum salmon in the
Ocean from the Columbia River and
Laptev Sea in its tributaries in
Russia to Washington and
Mackenzie River in Oregon, as well as
Canada. three artificial
propagation
programs: See
223.102.
Salmon, chum (Hood Canal summer- Oncorhynchusketa... North Pacific Rim Hood Canal summer- T 664 226.212 223.203
run ESU). from Korea and the run ESU--U.S.A.
Japanese Island of (WA), including
Honshu east to all naturally
Monterey Bay, spawned
California; Arctic populations of
Ocean from the summer-run chum
Laptev Sea in salmon in Hood
Russia to Canal and its
Mackenzie River in tributaries as
Canada. well as
populations in
Olympic Peninsula
rivers between
Hood Canal and
Dungeness Bay,
Washington, as
well as eight
artificial
propagation
programs: See
223.102.
Salmon, coho (Central California Oncorhynchuskisutch North Pacific Basin Central California E 598 226.210 NA
Coast ESU). from U.S.A. (CA to Coast ESU--U.S.A.
AK) to Russia and (CA), including
Japan. all naturally
spawned
populations of
coho salmon from
Punta Gorda in
northern
California south
to and including
the San Lorenzo
River in central
California, as
well as
populations in
tributaries to San
Francisco Bay,
excluding the
Sacramento-San
Joaquin River
system, as well as
four artificial
propagation
programs: See
224.101(a).
[[Page 20564]]
Salmon, coho (Lower Columbia Oncorhynchuskisutch North Pacific Basin Lower Columbia T 776 NA NA
River ESU). from U.S.A. (CA to River ESU--U.S.A.
AK) to Russia and (OR, WA),
Japan. 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 25
artificial
propagation
programs: See
223.102.
Salmon, coho (Oregon Coast ESU). Oncorhynchuskisutch North Pacific Basin Oregon Coast ESU-- T 776 226.212 223.203
from U.S.A. (CA to U.S.A. (OR), all
AK) to Russia and naturally spawned
Japan. populations of
coho salmon in
Oregon coastal
streams south of
the Columbia River
and north of Cape
Blanco, including
the Cow Creek
(Oregon Department
of Fish and
Wildlife stock
37) coho
hatchery program.
Salmon, coho (Southern Oregon- Oncorhynchuskisutch North Pacific Basin Southern Oregon- T 618 226.210 NA
Northern California Coast ESU). from U.S.A. (CA to Northern
AK) to Russia and California Coast
Japan. ESU--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 as three
artificial
propagation
programs: See
223.102.
Salmon, sockeye (Ozette Lake Oncorhynchusnerka.. North Pacific Basin Ozette Lake ESU-- T 664 226.212 223.203
ESU). from U.S.A. (CA) U.S.A. (WA),
to Russia. 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: See
223.102.
Salmon, sockeye (Snake River Oncorhynchusnerka.. North Pacific Basin Snake River ESU-- E 455 226.205 NA
ESU). from U.S.A. (CA) U.S.A. (ID),
to Russia. including all
anadromous and
residual sockeye
salmon from the
Snake River Basin,
Idaho, as well as
artificially
propagated sockeye
salmon from the
