Endangered and Threatened Species; Designation of Critical Habitat for Lower Columbia River Coho Salmon and Puget Sound Steelhead, 2725-2796 [2013-00241]

Download as PDF Vol. 78 Monday, No. 9 January 14, 2013 Part II Department of Commerce srobinson on DSK4SPTVN1PROD with National Oceanic and Atmospheric Administration 50 CFR Part 226 Endangered and Threatened Species; Designation of Critical Habitat for Lower Columbia River Coho Salmon and Puget Sound Steelhead; Proposed Rule VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\14JAP2.SGM 14JAP2 2726 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 226 [Docket No. 110726419–2714–01] RIN 0648–BB30 Endangered and Threatened Species; Designation of Critical Habitat for Lower Columbia River Coho Salmon and Puget Sound Steelhead National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. AGENCY: We, the National Marine Fisheries Service (NMFS), propose to designate critical habitat for lower Columbia River coho salmon (Oncorhynchus kisutch) and Puget Sound steelhead (O. mykiss), currently listed as threatened species under the Endangered Species Act (ESA). The specific areas proposed for designation for lower Columbia River coho include approximately 2,288 mi (3,681 km) of freshwater and estuarine habitat in Oregon and Washington. The specific areas proposed for designation for Puget Sound steelhead include approximately 1,880 mi (3,026 km) of freshwater and estuarine habitat in Puget Sound, Washington. We propose to exclude a number of particular areas from designation because the benefits of exclusion outweigh the benefits of inclusion and exclusion will not result in the extinction of the species. We are soliciting comments from the public on all aspects of the proposal, including information on the economic, national security, and other relevant impacts of the proposed designations, as well as the benefits to the species from designations. We will consider additional information received prior to making final designations. DATES: Comments on this proposed rule must be received by 5 p.m. P.S.T. on April 15, 2013. Requests for public hearings must be made in writing by February 28, 2013. ADDRESSES: You may submit comments on the proposed rule, identified by FDMS docket number [NOAA–NMFS– 2012–0224], by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. srobinson on DSK4SPTVN1PROD with SUMMARY: VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 • Fax: 503–230–5441, Attn: Steve Stone. • Mail: Chief, Protected Resources Division, Northwest Region, National Marine Fisheries Service, 1201 NE. Lloyd Blvd., Suite 1100, Portland, OR 97232. Instructions: Comments will be posted for public viewing as soon as possible during the comment period. All comments received are a part of the public record and will generally be posted to https://www.regulations.gov without change. We may elect not to post comments with obscene or threatening content. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. We will accept anonymous comments (enter N/A in the required fields, if you wish to remain anonymous). You may submit attachments to electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. The proposed rule, list of references and supporting documents (including the Draft Biological Report (NMFS 2012a), the Draft Economic Analysis (NMFS 2012b), and the Draft Section 4(b)(2) Report (NMFS 2012c)) are also available electronically at https://www.nwr.noaa.gov. FOR FURTHER INFORMATION CONTACT: Steve Stone, NMFS, Northwest Region, Protected Resources Division, at the address above or at 503–231–2317; or Dwayne Meadows, NMFS, Office of Protected Resources, Silver Spring, MD, 301–427–8403. SUPPLEMENTARY INFORMATION: Background We are responsible for determining whether species, subspecies, or distinct population segments (DPSs) are threatened or endangered and which areas of their habitat constitute critical habitat for them under the ESA (16 U.S.C. 1531 et seq.). To be considered for listing under the ESA, a group of organisms must constitute a ‘‘species,’’ which is defined in section 3 to include ‘‘any subspecies of fish or wildlife or plants, and any distinct population segment of any species of vertebrate fish or wildlife which interbreeds when mature.’’ The agency has determined that a group of Pacific salmon populations (including lower Columbia River coho) qualifies as a distinct population segment (DPS) if the group is substantially reproductively isolated and represents an important component PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 in the evolutionary legacy of the biological species (56 FR 58612, November 20, 1991). We determined that a group of Pacific steelhead populations qualifies as a DPS if it is markedly separate and significant to its taxon (61 FR 4722, February 7, 1996; 71 FR 834, January 5, 2006). In previous rulemaking we determined that lower Columbia River coho (70 FR 37160, June 28, 2005) and Puget Sound steelhead (72 FR 26722, May 11, 2007) are each DPSs that warrant protection as threatened species under the ESA. We also determined that critical habitat was not determinable at the time of those final listing decisions and announced that we would propose critical habitat in separate rulemaking. Since the time of listing, the recovery planning process has progressed for these two DPSs and additional new information is now available to better inform the designation process. In view of these developments, we published an advance notice of proposed rulemaking (ANPR) on January 10, 2011 (76 FR 1392), to make the public aware of the opportunity to provide us with comments and information that may be useful in making proposed critical habitat designations for these two DPSs. We received several comments and datasets in response to the ANPR, and these have been reviewed and incorporated as appropriate into documents and analyses supporting this proposed rule (NMFS, 2012a; NMFS, 2012c). We encourage those who submitted comments on the ANPR to review and comment on this proposed rule as well. We will address all relevant comments in the final rule. We considered various alternatives to the critical habitat designation for these DPSs. The alternative of not designating critical habitat would impose no economic, national security, or other relevant impacts, but would not provide any conservation benefit to the species. This alternative was considered and rejected because such an approach does not meet the legal requirements of the ESA and would not provide for the conservation of these species. The alternative of designating all of the areas considered for designation (i.e., no areas excluded) was also considered and rejected because, for several areas, the benefits of exclusion outweighed the benefits of designation, and we determined that exclusion of these areas would not significantly impede conservation of the species or result in extinction of the species. The total estimated annualized economic impact associated with the designation of all of the areas considered would be $357,815 E:\FR\FM\14JAP2.SGM 14JAP2 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules srobinson on DSK4SPTVN1PROD with for lower Columbia River coho and $460,924 for Puget Sound steelhead. An alternative to designating critical habitat within all of the areas considered for designation is the designation of critical habitat within a subset of these areas. Under section 4(b)(2) of the ESA, we must consider the economic impacts, impacts on national security, and other relevant impacts of designating any particular area as critical habitat. We have the discretion to exclude an area from designation as critical habitat if the benefits of exclusion (i.e., the impacts that would be avoided if an area were excluded from the designation) outweigh the benefits of designation (i.e., the conservation benefits to these species if an area were designated), so long as exclusion of the area will not result in extinction of the species. Exclusion under section 4(b)(2) of the ESA of one or more of the areas considered for designation would reduce the total impacts of designation. The determination of which units to exclude depends on our ESA section 4(b)(2) analysis, which is conducted for each area and described in detail in the draft ESA 4(b)(2) report (NMFS, 2012c). Under the preferred alternative we propose to exclude Indian lands as well as areas covered by several NMFSapproved habitat conservation plans. We also propose to exclude—due to economic impacts—some or all of the habitat areas in 1 of the 55 watersheds considered for lower Columbia River coho and 4 of the 66 watersheds considered for Puget Sound steelhead. The total estimated economic impact associated with the areas excluded due to economic impacts under this preferred alternative is $13,500 for lower Columbia River coho and $157,100 for Puget Sound steelhead. We determined that the exclusion of these areas would not significantly impede the conservation of either DPS or result in its extinction. We selected this as the preferred alternative because it results in a critical habitat designation that provides for the conservation of both lower Columbia River coho and Puget Sound steelhead while reducing economic and other relevant impacts. This alternative also meets the requirements under the ESA and our joint NMFS–U.S. Fish and Wildlife Service regulations concerning critical habitat. Identifying Proposed Critical Habitat Pacific Salmon and Steelhead Biology and Habitat Use Pacific salmon and steelhead are anadromous fish, meaning adults VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 migrate from the ocean to spawn in freshwater lakes and streams where their offspring hatch and rear prior to migrating back to the ocean to forage until maturity. The migration and spawning times vary considerably between and within species and populations (Groot and Margolis, 1991). At spawning, adults pair to lay and fertilize thousands of eggs in freshwater gravel nests or ‘‘redds’’ excavated by females. Depending on lake/stream temperatures, eggs incubate for several weeks to months before hatching as ‘‘alevins’’ (a larval life stage dependent on food stored in a yolk sac). Following yolk sac absorption, alevins emerge from the gravel as young juveniles called ‘‘fry’’ and begin actively feeding. Depending on the species and location, juveniles may spend from a few hours to several years in freshwater areas before migrating to the ocean. The physiological and behavioral changes required for the transition to salt water result in a distinct ‘‘smolt’’ stage in most species. On their journey juveniles must migrate downstream through every riverine and estuarine corridor between their natal (birth) lake or stream and the ocean. En route to the ocean the juveniles may spend from a few days to several weeks in the estuary, depending on the species. The highly productive estuarine environment is an important feeding and acclimation area for juveniles preparing to enter marine waters. Juveniles and subadults typically spend from one to five years foraging over thousands of miles in the North Pacific Ocean before returning to spawn. Some species, such as coho salmon, have precocious life history types (primarily male fish called ‘‘jacks’’) that mature and spawn after only several months in the ocean. Spawning migrations known as ‘‘runs’’ occur throughout the year, varying by species and location. Most adult fish return or ‘‘home’’ with great fidelity to spawn in their natal stream, although some do stray to non-natal streams. Salmon species die after spawning, while steelhead may return to the ocean and make repeat spawning migrations. This complex life cycle gives rise to complex habitat needs, particularly during the freshwater phase (see review by Spence et al., 1996). Spawning gravels must be of a certain size and free of sediment to allow successful incubation of the eggs. Eggs also require cool, clean, and well-oxygenated waters for proper development. Juveniles need abundant food sources, including insects, crustaceans, and other small fishes. They need places to hide from predators (mostly birds and bigger PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 2727 fishes), such as under logs, root wads and boulders in the stream, and beneath overhanging vegetation. They also need places to seek refuge from periodic high flows (side channels and off channel areas) and from warm summer water temperatures (coldwater springs and deep pools). Returning adults generally do not feed in fresh water but instead rely on limited energy stores to migrate, mature, and spawn. Like juveniles, they also require cool water and places to rest and hide from predators. During all life stages salmon and steelhead require cool water that is free of contaminants. They also require migratory corridors with adequate passage conditions (timing, water quality, and water quantity) to allow access to the various habitats required to complete their life cycle. The homing fidelity of salmon and steelhead has created a meta-population structure with discrete populations distributed among watersheds (McElhany et al., 2000). Low levels of straying result in regular genetic exchange among populations, creating genetic similarities among populations in adjacent watersheds. Maintenance of the meta-population structure requires a distribution of populations among watersheds where environmental risks (e.g., from landslides or floods) are likely to vary. It also requires migratory connections among the watersheds to allow for periodic genetic exchange and alternate spawning sites in the case that natal streams are inaccessible due to natural events such as a drought or landslide. More details regarding life history and habitat requirements of lower Columbia River coho and Puget Sound steelhead are found later in this rule under Species Descriptions and Area Assessments, as well as in the final listing rules cited above. Statutory and Regulatory Background for Critical Habitat Designations The ESA defines critical habitat under section 3(5)(A) as: ‘‘(i) the specific areas within the geographical area occupied by the species, at the time it is listed * * * on which are found those physical or biological features (I) essential to the conservation of the species and (II) which may require special management considerations or protection; and (ii) specific areas outside the geographical area occupied by the species at the time it is listed * * * upon a determination by the Secretary [of Commerce] that such areas are essential for the conservation of the species.’’ Section 4(a) of the ESA precludes military land from designation, where E:\FR\FM\14JAP2.SGM 14JAP2 2728 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules srobinson on DSK4SPTVN1PROD with that land is covered by an Integrated Natural Resource Management Plan that the Secretary has found in writing will benefit the listed species. Section 4(b)(2) of the ESA requires us to designate critical habitat for threatened and endangered species ‘‘on the basis of the best scientific data available and after taking into consideration the economic impact, the impact on national security, and any other relevant impact, of specifying any particular area as critical habitat.’’ This section grants the Secretary of Commerce (Secretary) discretion to exclude any area from critical habitat if he determines ‘‘the benefits of such exclusion outweigh the benefits of specifying such area as part of the critical habitat.’’ In adopting this provision, Congress explained that, ‘‘[t]he consideration and weight given to any particular impact is completely within the Secretary’s discretion.’’ H.R. No. 95–1625, at 16–17 (1978). The Secretary’s discretion to exclude is limited, as he may not exclude areas that ‘‘will result in the extinction of the species.’’ Once critical habitat is designated, section 7 of the ESA requires Federal agencies to ensure they do not fund, authorize, or carry out any actions that will destroy or adversely modify that habitat. This requirement is in addition to the section 7 requirement that Federal agencies ensure their actions do not jeopardize the continued existence of listed species. Methods and Criteria Used To Identify Critical Habitat In the following sections, we describe the relevant definitions and requirements in the ESA and our implementing regulations and the key methods and criteria used to prepare this proposed critical habitat designation. Discussion of the specific implementation of each item occurs within the species-specific sections. In accordance with section 4(b)(2) of the ESA and our implementing regulations (50 CFR 424.12), this proposed rule is based on the best scientific information available concerning the species’ present and historical range, habitat, and biology, as well as threats to their habitat. In preparing this proposed rule, we reviewed and summarized current information on these species, including recent biological surveys and reports, peer-reviewed literature, NMFS status reviews, and the proposed and final rules to list these species. All of the information gathered to create this proposed rule has been collated and analyzed in three supporting documents: a Draft Biological Report VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 (NMFS, 2012a); a Draft Economic Analysis (NMFS, 2012b); and a Draft Section 4(b)(2) Report (NMFS, 2012c). We used this information to inform the identification of specific areas as critical habitat. We followed a five-step process in order to identify these specific areas: (1) Determine the geographical area occupied by the species at the time of listing, (2) identify physical or biological habitat features essential to the conservation of the species, (3) delineate specific areas within the geographical area occupied by the species on which are found the physical or biological features, (4) determine whether the features in a specific area may require special management considerations or protections, and (5) determine whether any unoccupied areas are essential for conservation. Our evaluation and conclusions are described in detail in the following sections. Geographical Area Occupied by the Species and Specific Areas Within the Geographical Area Federal, state, and tribal fishery biologists map salmonid species distribution at the level of stream reaches. The mapping includes areas where the species has been observed (within the past 20 years, but typically more recently) or where it is presumed to occur based on the professional judgment of biologists familiar with the watershed and the availability of suitable habitat, in particular the location of known barriers. Much of these data can be accessed and analyzed using geographic information systems (GIS) to produce consistent and finescale maps. As a result, nearly all salmonid freshwater and estuarine habitats in Washington, Oregon, Idaho, and California are mapped and available in GIS at a scale of 1:24,000 (e.g., Oregon Department of Fish and Wildlife (ODFW), 2010a; Washington Department of Fish and Wildlife (WDFW), 2010), allowing for accurate and refined delineation of ‘‘geographical area occupied by the species’’ referred to in the ESA definition of critical habitat. We accessed these GIS data beginning in 2010, modified them based on input from state and tribal fishery biologists, and believe that they represent the best available information about areas occupied by each species at the time of listing. To identify ‘‘specific areas,’’ we used ‘‘HUC5’’ watersheds as we did in our 2005 salmonid critical habitat designations (70 FR 52630, September 2, 2005). HUC5 watershed delineations are created by the U.S. Geological Survey and are generally available from various PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 federal agencies and via the internet (Interior Columbia Basin Ecosystem Management Project, 2003; Regional Ecosystem Office, 2004; U.S. Department of Interior and USGS, 2009). We used this information to organize critical habitat information systematically and at a scale that was relevant to the spatial distribution of salmon and steelhead. Organizing information at this scale is especially relevant to salmonids, since their innate homing ability allows them to return to particular reaches in the specific watersheds where they were born. Such site fidelity results in spatial aggregations of salmonid populations (and their constituent spawning stocks) that generally correspond to the area encompassed by wider HUC4 subbasins or their constituent HUC5 watersheds (Washington Department of Fisheries, Washington Department of Wildlife and Western Washington Treaty Indian Tribes, 1992; Kostow, 1995; McElhany et al., 2000). In addition, HUC5 watersheds are consistent with the scale of recovery efforts for West Coast salmon and steelhead, and watershed-level analyses are now common throughout the West Coast. There are presently hundreds of watershed councils or groups in the Pacific Northwest. Many operate at a geographic scale of one to several HUC5 watersheds and are integral parts of larger-scale salmon recovery strategies (Shared Strategy for Puget Sound, 2007; NMFS, 2012d). In addition to these efforts, NMFS has developed various ESA guidance documents that underscore the link between salmon conservation and the recovery of watershed processes (NMFS, 2000; NMFS, 2005; NMFS, 2007). Aggregating stream reaches into HUC5 watersheds allowed the agency to delineate ‘‘specific areas’’ within or outside the geographical area occupied by the species at a scale that corresponds well to salmonid population structure and ecological processes. As in our 2005 critical habitat designations (70 FR 52630, September 2, 2005), we identified estuary features essential to conservation of these species. For streams and rivers that empty into marine areas, we included the associated estuary as part of the HUC5 ‘‘specific area.’’ Also, as in our 2005 salmonid designations, we identified certain prey species in nearshore and offshore marine waters (such as Pacific herring) as essential features, and concluded that some may require special management considerations or protection because they are commercially harvested. However, prey species move or drift E:\FR\FM\14JAP2.SGM 14JAP2 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules srobinson on DSK4SPTVN1PROD with great distances throughout marine waters, often in association with oceanographic features that also move (such as eddies and thermoclines). Thus, although we sought new information to better inform this question, we continue to conclude that we cannot identify specific offshore marine areas where the essential habitat features may be found (NMFS, 2012e). We also considered marine areas in Puget Sound for steelhead as potential specific areas, but concluded that at this time the best available information suggests there are no areas that meet the definition of critical habitat in the statute. In our 2005 rule (70 FR 52630, September 2, 2005), we designated critical habitat in nearshore areas for Puget Sound Chinook and Hood Canal summer-run chum salmon. However, steelhead move rapidly out of freshwater and into offshore marine areas, unlike Puget Sound Chinook and Hood Canal summer chum, making it difficult to identify specific foraging areas where the essential features are found. We therefore determined that for Puget Sound steelhead it is not possible to identify specific areas in the nearshore zone in Puget Sound. Primary Constituent Elements and Physical or Biological Features Essential to the Conservation of the Species Agency regulations at 50 CFR 424.12(b) interpret the statutory phrase ‘‘physical or biological features essential to the conservation of the species.’’ The regulations state that these features include, but are not limited to, space for individual and population growth and for normal behavior; food, water, air, light, minerals, or other nutritional or physiological requirements; cover or shelter; sites for breeding, reproduction, and rearing of offspring; and habitats that are protected from disturbance or are representative of the historical geographical and ecological distribution of a species. The regulations further direct us to ‘‘focus on the principal biological or physical constituent elements * * * that are essential to the conservation of the species, and specify that these elements shall be the ‘known primary constituent elements’.’’ The regulations identify primary constituent elements (PCE) as including, but not being limited to: ‘‘roost sites, nesting grounds, spawning sites, feeding sites, seasonal wetland or dryland, water quality or quantity, host species or plant pollinator, geological formation, vegetation type, tide, and specific soil types.’’ For the 2005 critical habitat designations (70 FR 52630, September 2, 2005), NMFS biologists developed a list VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 of physical and biological features relevant to determining whether occupied stream reaches within a watershed meet the ESA section (3)(5)(A) definition of ‘‘critical habitat,’’ consistent with the implementing regulation at 50 CFR 424.12(b). Relying on the biology and life history of each species, we determined the physical or biological habitat features essential to their conservation. For the present rulemaking, we use the same features, which we identified in the advance notice of proposed rulemaking (76 FR 1392, January 10, 2011). These features include sites essential to support one or more life stages of the DPS (sites for spawning, rearing, migration and foraging). These sites in turn contain physical or biological features essential to the conservation of the DPS (for example, spawning gravels, water quality and quantity, side channels, forage species). Specific types of sites and the features associated with them (both of which are referred to as PCEs) include the following: 1. Freshwater spawning sites with water quantity and quality conditions and substrate supporting spawning, incubation and larval development. 2. Freshwater rearing sites with water quantity and floodplain connectivity to form and maintain physical habitat conditions and support juvenile growth and mobility; water quality and forage supporting juvenile development; and natural cover such as shade, submerged and overhanging large wood, log jams and beaver dams, aquatic vegetation, large rocks and boulders, side channels, and undercut banks. 3. Freshwater migration corridors free of obstruction with water quantity and quality conditions and natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, side channels, and undercut banks supporting juvenile and adult mobility and survival. 4. Estuarine areas free of obstruction with water quality, water quantity, and salinity conditions supporting juvenile and adult physiological transitions between fresh- and saltwater; natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, and side channels; and juvenile and adult forage, including aquatic invertebrates and fishes, supporting growth and maturation. 5. Nearshore marine areas free of obstruction with water quality and quantity conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation; and natural cover such as submerged and overhanging large wood, PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 2729 aquatic vegetation, large rocks and boulders, and side channels. 6. Offshore marine areas with water quality conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation. We re-evaluated these PCEs and determined that they are all fully applicable to lower Columbia River coho and Puget Sound steelhead. The habitat areas proposed for designation in this rule currently contain PCEs within the acceptable range of values required to support the biological processes for which the species use the habitat (NMFS 2012a). The contribution of the PCEs to the habitat varies by site and biological function, illustrating that the quality of the elements may vary within a range of acceptable conditions. Special Management Considerations or Protection An occupied area cannot be designated as critical habitat unless it contains physical and biological features that ‘‘may require special management considerations or protection.’’ Agency regulations at 50 CFR 424.02(j) define ‘‘special management considerations or protection’’ to mean ‘‘any methods or procedures useful in protecting physical and biological features of the environment for the conservation of listed species.’’ Many forms of human activity have the potential to affect the habitat of listed salmon species: (1) Forestry; (2) grazing; (3) agriculture; (4) road building/maintenance; (5) channel modifications/diking; (6) urbanization; (7) sand and gravel mining; (8) mineral mining; (9) dams; (10) irrigation impoundments and withdrawals; (11) river, estuary, and ocean traffic; (12) wetland loss/removal; (13) beaver removal; (14) exotic/invasive species introductions. In addition to these, human harvest of salmonid prey species (e.g., herring, anchovy, and sardines) may present another potential habitatrelated activity (Pacific Fishery Management Council, 1999). All of these activities have PCE-related impacts via their alteration of one or more of the following: stream hydrology, flow and water-level modifications, fish passage, geomorphology and sediment transport, temperature, dissolved oxygen, vegetation, soils, nutrients and chemicals, physical habitat structure, and stream/estuarine/marine biota and forage (Spence et al., 1996; Pacific Fishery Management Council, 1999). Unoccupied Areas Section 3(5)(A)(ii) of the ESA authorizes the designation of ‘‘specific E:\FR\FM\14JAP2.SGM 14JAP2 2730 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules srobinson on DSK4SPTVN1PROD with areas outside the geographical area occupied at the time [the species] is listed’’ if these areas are essential for the conservation of the species. Regulations at 50 CFR 424.12(e) emphasize that the agency ‘‘shall designate as critical habitat areas outside the geographical area presently occupied by a species only when a designation limited to its present range would be inadequate to ensure the conservation of the species.’’ We focused our attention on the species’ historical range when considering unoccupied areas since these logically would have been adequate to support the evolution and long-term maintenance of distinct population segments. As with occupied areas, we considered the stream segments within a HUC5 watershed to best describe specific areas. While it is possible to identify which HUC5s represent geographical areas that were historically occupied with a high degree of certainty, this is not always the case with specific stream segments. This is due, in part, to the emphasis on mapping currently occupied habitats and to the paucity of site-specific or systematic historical stream surveys. As described later in this proposed rule, we did identify unoccupied stream reaches that are essential for conservation of Puget Sound steelhead as well as an unoccupied area that might be essential for conservation of lower Columbia River coho. Military Lands Section 4(a)(3) of the ESA precludes the Secretary from designating military lands as critical habitat if those lands are subject to an Integrated Natural Resource Management Plan (INRMP) under the Sikes Act that the Secretary certifies in writing benefits the listed species. We consulted with the Department of Defense (DOD) and determined that three installations in Washington with either draft or final INRMPs overlap with streams occupied by Puget Sound steelhead: (1) Naval Base Kitsap; (2) Naval Radio Station, Jim Creek; and (3) Joint Base LewisMcChord (Army and Air Force). We did not identify any INRMPs or DOD installations within the range of lower Columbia River coho. We identified habitat meeting the statutory definition of critical habitat at each of the above installations and reviewed the INRMPs, as well as other information available regarding the management of these military lands. Our preliminary review indicates that each of these INRMPs address Puget Sound steelhead habitat, and all contain measures that provide benefits to this DPS (NMFS, 2012c). Examples of the VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 types of benefits include actions that eliminate fish passage barriers, control erosion, protect riparian zones, increase stream habitat complexity, and monitor listed species and their habitats. As a result, we are not proposing to designate critical habitat in areas subject to the INRMPs identified above. Critical Habitat Analytical Review Teams To assist in the designation of critical habitat, we convened two Critical Habitat Analytical Review Teams (Teams)—one for lower Columbia River coho and another for Puget Sound steelhead. The Teams consisted of NMFS salmonid habitat biologists who were tasked with assessing biological information pertaining to areas under consideration for designation as critical habitat (NMFS, 2012a). The Teams examined each habitat area within the watershed to determine whether the reaches occupied by the species contain the physical or biological features essential to conservation. The Teams also relied on their experience conducting section 7 consultations to determine whether the features ‘‘may require special management considerations or protection.’’ In addition to occupied areas, the definition of critical habitat includes unoccupied areas if we determine the area is essential for conservation. Accordingly, the Teams were next asked whether there were any unoccupied areas within the historical range of the DPSs that may be essential for conservation. Where information was available to make this determination, the Teams identified any currently unoccupied areas essential for conservation. In some cases, the Teams did not have information available that would allow them to draw that conclusion. The Teams nevertheless identified areas they believe might, in the future, be determined essential through ongoing recovery planning efforts. These are identified under the Species Descriptions and Area Assessments section, and we are specifically requesting information regarding such areas (see Public Comments Solicited below). The Teams were next asked to determine the relative conservation value of each area for each DPS. The Teams scored each habitat area based on several factors related to the quantity and quality of the physical and biological features (see NMFS, 2012a for details). They next considered each area in relation to other areas and with respect to the population occupying that area. Based on a consideration of the raw scores for each area, and a PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 consideration of that area’s contribution to conservation in relation to other areas and in relation to the overall population structure of the DPS, the Teams rated each habitat area as having a ‘‘high,’’ ‘‘medium’’ or ‘‘low’’ conservation value. The rating of habitat areas as having a high, medium or low conservation value informed the discretionary balancing consideration in ESA section 4(b)(2). The higher the conservation value for an area, the greater may be the likely benefit of the ESA section 7 protections. The Teams also assessed the likelihood of section 7 consultations in a particular watershed (that is, how strong is the ‘‘Federal nexus’’) and how much protection would exist in the absence of a section 7 consultation (that is, how protective are existing management measures and would they likely continue in the absence of section 7 requirements). The Teams determined that all of the watersheds had a high likelihood of receiving a section 7 consultation, but with varying degrees of benefit from designation as critical habitat. As discussed earlier, the scale chosen for the ‘‘specific area’’ referred to in ESA section 3(5)(a) was a HUC5 watershed. There were some complications with the way some watersheds were delineated that required us to adapt the approach for some areas. In particular, a large stream or river might serve as a rearing and migration corridor to and from many watersheds, yet be embedded itself in a watershed. In any given watershed through which it passes, the stream may have a few or several tributaries. For rearing/migration corridors embedded in a watershed, the Teams were asked to rate the conservation value of the watershed based on the tributary habitat. We assigned the rearing/migration corridor the rating of the highest-rated watershed for which it served as a rearing/ migration corridor. The reason for this treatment of migration corridors is the role they play in the salmon’s life cycle. Salmon are anadromous—born in fresh water, migrating to salt water to feed and grow, and returning to fresh water to spawn. Without a rearing/migration corridor to and from the sea, salmon cannot complete their life cycle. It would be illogical to consider a spawning and rearing area as having a particular conservation value and not consider the associated rearing/ migration corridor as having a similar conservation value. Species Descriptions and Area Assessments This section describes the lower Columbia River coho and Puget Sound E:\FR\FM\14JAP2.SGM 14JAP2 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules srobinson on DSK4SPTVN1PROD with steelhead DPSs, noting specific lifehistory traits and associated habitat requirements, and summarizes the Teams’ assessment of habitat areas for each DPS. The Teams’ assessments addressed PCEs in the habitat areas within watersheds as well as a separate Columbia River rearing/migration corridor for lower Columbia River coho. For ease of reporting and reference these watersheds have been organized into their larger, associated subbasin. Lower Columbia River Coho Salmon Life History and Conservation Status The lower Columbia River coho DPS includes all naturally spawned populations of coho in the Columbia River and its tributaries in Washington and Oregon, from the mouth of the Columbia River upstream to and including the Big White Salmon and Hood Rivers, and including the lower Willamette River up to Willamette Falls, Oregon, as well as coho from twentyfive artificial propagation programs located in numerous watersheds throughout the range of the DPS (70 FR 37160, June 28, 2005). Coho populations in this DPS display one of two major life history types based on when and where adults migrate from the Pacific Ocean to spawn in fresh water. Early returning coho (Type S) typically forage in marine waters south of the Columbia River and return beginning in mid-August, while late returning coho (Type N) generally forage to the north and return to the Columbia River from late September through December (ODFW, 2010b). It is thought that early returning coho migrate to headwater areas and late returning fish migrate to the lower reaches of larger rivers or into smaller streams and creeks along the Columbia River. Although there is some level of reproductive isolation and ecological specialization between early and late types, there is some uncertainty regarding the importance of these differences (Myers et al., 2006). Some tributaries historically supported spawning by both life history types. Mature coho of both types typically enter fresh water to spawn from late summer to late autumn. Spawning typically occurs between November and January. Migration and spawning timing of specific local populations may be affected by factors such as latitude, migration distance, flows, water temperature, maturity, or migration obstacles. Coho generally occupy intermediate positions in tributaries, typically further upstream than chum salmon or fall-run Chinook salmon, but often downstream of steelhead or spring-run Chinook salmon (ODFW, VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 2010b). Typical coho spawning habitat includes pea to orange-size spawning gravel in small, relatively low-gradient tributaries (ODFW, 2010b). Egg incubation can take from 45 to 140 days, depending on water temperature, with longer incubation in colder water. Fry may thus emerge from early spring to early summer. Juveniles prefer complex instream structure (primarily large and small woody debris) and shaded streams with tree-lined banks for rearing; they often overwinter in off-channel alcoves and beaver ponds (where available) (ODFW, 2010a). Freshwater rearing lasts until the following spring when the juveniles undergo physiological changes (smoltification) and migrate to salt water. Juvenile coho are present in the Columbia River estuary from March to August (Washington Lower Columbia Salmon Recovery and Fish and Wildlife Subbasin Plan, 2010). Coho grow relatively quickly in the ocean, reaching up to six kilograms after about 16 months of ocean rearing. Most coho are sexually mature at age three, except for a small percentage of males (jacks) who return to natal waters after only a few months of ocean residency. All coho die after spawning. There are 24 historical populations of lower Columbia River coho identified in three ecological zones or ‘‘strata’’ within the range of this DPS: Coast, Cascade, and Gorge strata (Myers et al., 2006). McElhany et al. (2007) assessed the viability of lower Columbia River coho populations and determined that only one—the Clackamas River—is approaching viability. They also observed that, with the exception of the Clackamas and Sandy populations, it is likely that most of the wild lower Columbia River coho populations were effectively extirpated in the 1990s and that no viable populations appear to exist in either the Coast or Gorge stratum. Although recently there is evidence of some natural production in this DPS, the majority of populations remain dominated by hatchery origin spawners, and there is little data to indicate they would naturally persist in the long term (NMFS, 2003). Approximately 40 percent of historical habitat is currently inaccessible, which restricts the number of areas that might support natural production, and further increases the DPS’s vulnerability to environmental variability and catastrophic events (NMFS, 2003). The extreme loss of naturally spawning populations, the low abundance of extant populations, diminished diversity, and fragmentation and isolation of the remaining naturally PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 2731 produced fish confer considerable risks to lower Columbia River coho. Major habitat factors limiting recovery in fresh water include floodplain connectivity and function, channel structure and complexity, riparian areas and large woody debris recruitment, stream substrate, stream flow, and water quality (Pacific Coast Salmon Restoration Funds, 2007). In addition to impacts of the Federal Columbia River Hydropower System (especially Bonneville Dam on the mainstem Columbia River), numerous other populations are affected by upstream and tributary dams in the White Salmon, Hood, Lewis, Cowlitz, Sandy, and Clackamas basins, although many of those effects are being addressed as a result of recent Federal Energy Regulatory Commission re-licensing and associated ESA section 7 consultations. For example, the removal of Marmot and Little Sandy dams in the Sandy River basin has improved passage for the coho population into the upper watershed, and the removal of Condit Dam in 2011 is expected to support restoration of the White Salmon River portion of the Washington Upper Gorge coho population. The ocean survival of juvenile lower Columbia River coho can be affected by estuary factors such as changes in food availability and the presence of contaminants. Characteristics of the Columbia River plume are also thought to be significant to lower Columbia River coho migrants during transition to the ocean phase of their lifecycle, because yearling migrants appear to use the plume as habitat, in contrast to other species whose sub-yearling juveniles stay closer to shore (Fresh et al., 2005). Predation and growth during the first marine summer appear to be important components determining coho broodyear strength (Beamish et al., 2001). Recovery planning for coho and other ESA-listed salmon and steelhead in the lower Columbia River is underway, and a proposed recovery plan was made available for public comment in May 2012 (77 FR 28855, 16 May 2012). The proposed recovery plan includes three ‘‘management unit’’ plans, or plans addressing geographic areas smaller than the entire range of the DPS: (1) A Washington Lower Columbia management unit plan overseen and coordinated by the Lower Columbia Fish Recovery Board (LCFRB); (2) a White Salmon management unit plan overseen by NMFS and addressing the White Salmon River basin in Washington; and (3) an Oregon Lower Columbia management unit plan led by the ODFW with participation by the Oregon Governor’s Natural Resources E:\FR\FM\14JAP2.SGM 14JAP2 srobinson on DSK4SPTVN1PROD with 2732 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules Office, NMFS, and the Oregon Lower Columbia River Stakeholder Team. Two other documents—an estuary module and a hydropower module—are key components of this recovery plan. These documents, which address regionalscale issues affecting lower Columbia River salmon and steelhead and other listed Columbia River DPSs, provide a consistent set of assumptions and recovery actions that were incorporated into each management unit plan. The plans also are all consistent with work by the Willamette/Lower Columbia Technical\Recovery Team, which was formed by NMFS to assess the population structure and develop viability criteria for listed lower Columbia River salmon and steelhead (see McElhany et al., 2003; McElhany et al., 2006; Myers et al., 2006; and McElhany et al., 2007). Because the ESA requires that recovery plans address the entire listed entity/DPS, NMFS synthesized these management unit plans and modules into a single recovery plan that also underscores interdependencies and issues of regional scope, and ensures that the entire salmon life cycle is addressed. Critical habitat is currently designated for three DPSs of salmon and steelhead that use lower Columbia tributary watersheds for spawning and rearing: lower Columbia River Chinook salmon, lower Columbia River steelhead, and Columbia River chum salmon (70 FR 52630, September 2, 2005). Critical habitat is also designated in the lower Columbia River and several tributaries for bull trout (75 FR 63898, October 18, 2010) and the Southern DPS of Pacific eulachon (76 FR 65324, October 20, 2011). In addition, green sturgeon (74 FR 52300, October 9, 2009) and several listed salmonid DPSs that spawn in watersheds upstream of the range of lower Columbia River coho (e.g., Snake River fall Chinook salmon) have rearing and migration areas designated as critical habitat in areas occupied by coho in the lower Columbia River and estuary (58 FR 68543, December 28, 1993; 64 FR 57399, October 25, 1999; 70 FR 52630, September 2, 2005). These existing designations have extensive overlap with areas under consideration as critical habitat for lower Columbia River coho, and given the shared general life history characteristics of all these anadromous salmonids, the essential habitat features will likewise be similar to those for existing salmon and steelhead designations. The lower Columbia River Team’s assessment for this DPS addressed 10 subbasins containing 55 occupied watersheds, as well as the lower Columbia River rearing/migration VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 corridor. Each of these 56 areas constituted the specific areas for the analysis of critical habitat for this species. The Team evaluated the conservation value of habitat areas on the basis of the habitat requirements of lower Columbia River coho, consistent with the PCEs described in the ‘‘Primary Constituent Elements and Physical or Biological Features Essential to the Conservation of the Species’’ section above. The Team also considered the conservation value of each specific area in the context of the populations within the strata identified by a separate Technical Recovery Team (TRT) convened to address biological issues relating to the recovery of this DPS (Myers et al., 2006). Summarized information is presented below by USGS subbasin because the subbasin presents a convenient and systematic way to organize the Team’s watershed assessments for this DPS and their names are generally more recognizable because they typically identify major river systems. Full details are in the biological report supporting this proposed designation (NMFS, 2012a). Middle Columbia/Hood Subbasin— This subbasin contains 13 watersheds, 8 of which are occupied by this DPS. Occupied watersheds encompass approximately 1,370 mi2 (3,548 km2). Fish distribution and habitat use data identify approximately 212 miles (341 km) of occupied riverine habitat in the watersheds, including a 23-mile (37-km) segment of the Columbia River (ODFW, 2010a; WDFW, 2010). Myers et al. (2006) identified a single ecological zone (Columbia Gorge) containing three populations: Upper Gorge Tributaries, Big White Salmon River, and Hood River. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/diking, forestry, irrigation impoundments and withdrawals, and urbanization (NMFS, 2012a). The Team also determined that the occupied watersheds in this subbasin were of either high or medium conservation value to the DPS. Of the eight watersheds reviewed, five were rated as having high conservation value and three were rated as having medium conservation value to the DPS. The Team noted that two watersheds (Middle Columbia/Eagle Creek and Middle Columbia/Grays Creek) contain a high value rearing and migration corridor in the Columbia River connecting high value upstream watersheds with downstream reaches PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 and the ocean. The Team also considered whether blocked historical habitat above Condit Dam (on the White Salmon River) may be essential for conservation of the DPS. The decommissioning of this 100-year-old dam occurred in the summer of 2011 and will allow coho and other salmonids access to at least 26 miles (42 km) of habitat in the basin upstream (PacifiCorp, 2012a; PacifiCorp, 2012b). The Team determined that accessing this habitat would likely provide a benefit to the DPS. However, the Team concluded that it was unclear whether the areas above Condit Dam are essential for conservation of the entire DPS, especially in comparison to other, more extensive, historical habitats where coho are actively being reintroduced and that may be of greater potential benefit to the DPS (e.g., areas in the Upper Lewis River). We seek comments and information specific to this unoccupied area and whether it is essential to the conservation of lower Columbia River coho. Lower Columbia/Sandy Subbasin— This subbasin contains nine watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 1,076 mi2 (2,787 km2). Fish distribution and habitat use data identify approximately 453 miles (729 km) of occupied riverine habitat in the watersheds, including a 26-mile (42-km) segment of the Columbia River (ODFW, 2010a; WDFW, 2010). Myers et al. (2003) identified two ecological zones associated with this subbasin (Western Cascade Range and Columbia Gorge) containing four populations (Lower Gorge tributaries, Sandy River, Washougal River, and Salmon Creek). The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/ diking, forestry, irrigation impoundments and withdrawals, road building/maintenance, and urbanization (NMFS, 2012a). The Team also determined that the occupied watersheds in this subbasin were of high or medium conservation value to the DPS. Of the nine watersheds reviewed, four were rated as having high conservation value and five were rated as having medium conservation value to the DPS. The Team also noted that one watershed (Columbia Gorge Tributaries) contains a high value rearing and migration corridor in the Columbia River connecting high value upstream watersheds with downstream reaches and the ocean. E:\FR\FM\14JAP2.SGM 14JAP2 srobinson on DSK4SPTVN1PROD with Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules Lewis Subbasin—This subbasin contains six watersheds, all of which are currently occupied by this DPS (including four watersheds above Merwin Dam now accessible to coho via trap and haul operations in the Upper Lewis River (PacifiCorp et al., 2004). Occupied watersheds encompass approximately 456 mi2 (1,181 km2). Fish distribution and habitat use data identify approximately 299 miles (481 km) of occupied riverine habitat in the watersheds (WDFW, 2010). Myers et al. (2003) identified one ecological zone associated with this subbasin (Western Cascade Range) containing two populations—one in the East Fork Lewis River and the other in the North Fork Lewis River. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/diking, forestry, irrigation impoundments and withdrawals, road building/maintenance, and urbanization (NMFS, 2012a). The Team also determined that the occupied watersheds in this subbasin ranged from high to low conservation value to the DPS. Of the six watersheds reviewed, three were rated as having high conservation value, two were rated as having medium conservation value, and one was rated as having low conservation value to the DPS. Lower Columbia/Clatskanie Subbasin—This subbasin contains six watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 841 mi2 (2,178 km2). Fish distribution and habitat use data identify approximately 387 miles (623 km) of occupied riverine habitat in the watersheds (ODFW, 2010a; WDFW, 2010). Myers et al. (2003) identified two ecological zones (Coast Range and Western Cascade Range) containing four populations (Kalama River, Clatskanie River, Elochoman Creek, and Scappoose Creek) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/diking, forestry, irrigation impoundments and withdrawals, road building/maintenance, urbanization, and wetlands loss/removal (NMFS, 2012a). The Team also determined that the occupied watersheds in this subbasin were of high or medium conservation value to the DPS. Of the six watersheds reviewed, three were rated as having high conservation value VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 and three were rated as having medium conservation value to the DPS. Upper Cowlitz Subbasin—This subbasin contains five watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 1,030 mi2 (2,668 km2). Fish distribution and habitat use data identify approximately 181 miles (291 km) of occupied riverine habitat in the watersheds (WDFW, 2010). This entire habitat is located upstream of impassable dams (Mayfield and Mossyrock dams) and only accessible to anadromous fish via trap and haul operations. Myers et al. (2003) identified one ecological zone (Western Cascade Range) containing two populations (Upper Cowlitz River and Cispus River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/diking, forestry, road building/maintenance, and urbanization (NMFS, 2012a). The Team also determined that four of the occupied HUC5 watersheds in this subbasin were of high conservation value and one was of medium conservation value to the DPS. Lower Cowlitz Subbasin—This subbasin contains eight watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 1,460 mi2 (3,781 km2). Fish distribution and habitat use data identify approximately 791 miles (1,273 km) of occupied riverine habitat in the watersheds (WDFW, 2010). Habitat in two watersheds—Tilton River and Riffe Reservoir—is located upstream of impassable dams (Mayfield Dam and Mossyrock Dam) and only accessible to anadromous fish via trap and haul operations. Myers et al. (2003) identified one ecological zone (Western Cascade Range) containing six populations (Upper Cowlitz River, Lower Cowlitz River, Tilton River, Coweeman River, North Fork Toutle River, and South Fork Toutle River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/diking, forestry, irrigation impoundments and withdrawals, road building/maintenance, urbanization, and wetlands loss/removal (NMFS, 2012a). The Team also determined that the occupied watersheds in this subbasin ranged from high to low conservation value to the DPS. Of the eight watersheds reviewed, six were PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 2733 rated as having high conservation value, one was rated as having medium conservation value, and one was rated as having low conservation value to the DPS. Lower Columbia Subbasin—This subbasin contains three watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 515 mi2 (1,334 km2). Fish distribution and habitat use data identify approximately 370 miles (595 km) of occupied riverine habitat in the watersheds (ODFW, 2010a; WDFW, 2010). Myers et al. (2003) identified one ecological zone (Coast Range) containing three populations (Grays/ Chinook Rivers, Big Creek, and Youngs Bay) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/diking, forestry, irrigation impoundments and withdrawals, road building/maintenance, urbanization, and wetlands loss/removal (NMFS, 2012a). Of the three watersheds reviewed, one was rated as having high conservation value and two were rated as having medium conservation value to the DPS. Middle Willamette Subbasin—The occupied portion of this subbasin is downstream of Willamette Falls and includes a single watershed (Abernethy Creek) as well as a short segment (approximately 1 mile (1.6 km)) of the Willamette River downstream of Willamette Falls. The Abernethy Creek watershed encompasses approximately 134 mi2 (347 km2). Fish distribution and habitat use data from ODFW identify approximately 27 miles (43 km) of occupied riverine habitat in the subbasin (ODFW, 2010a). Myers et al. (2003) identified one ecological zone (Western Cascade Range) containing one population (Clackamas River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/diking, forestry, irrigation impoundments and withdrawals, road building/maintenance, urbanization, and wetlands loss/removal (NMFS, 2012a). The Team also determined that the single occupied watershed in this subbasin was of low conservation value to the DPS. Clackamas Subbasin—This subbasin contains six watersheds, two of which are occupied by this DPS. Occupied watersheds encompass approximately 270 mi2 (699 km2). Fish distribution and E:\FR\FM\14JAP2.SGM 14JAP2 srobinson on DSK4SPTVN1PROD with 2734 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules habitat use data identify approximately 253 miles (407 km) of occupied riverine habitat in the watersheds (ODFW, 2010a). Myers et al. (2003) identified one ecological zone (Western Cascade Range) containing one population (Clackamas River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/diking, forestry, irrigation impoundments and withdrawals, road building/maintenance, urbanization, and wetlands loss/removal (NMFS, 2012a). The Team also determined that all of the occupied watersheds in this subbasin were of high conservation value to the DPS. Lower Willamette Subbasin— This subbasin contains three watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 407 mi2 (1,054 km2). Fish distribution and habitat use data identify approximately 163 miles (262 km) of occupied riverine habitat in the watersheds (ODFW, 2010b). Myers et al. (2003) identified two ecological zones (Coast Range and Western Cascade Range) containing two populations (Clackamas River and Scappoose Creek) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/diking, forestry, irrigation impoundments and withdrawals, road building/maintenance, urbanization, and wetlands loss/removal (NMFS, 2012a). Of the three watersheds reviewed, two were rated as having high conservation value and one was rated as having medium conservation value to the DPS. Lower Columbia River Corridor—The lower Columbia River rearing and migration corridor consists of that segment of the Columbia River from the confluences of the Sandy River (Oregon) and Washougal River (Washington) to the Pacific Ocean. Fish distribution and habitat use data from ODFW and WDFW identify approximately 118 miles (190 km) of occupied riverine and estuarine habitat in this corridor (ODFW 2010a, WDFW 2010). After reviewing the best available scientific data for all of the areas within the freshwater and estuarine range of this DPS, the Team concluded that the lower Columbia River corridor was of high conservation value to the DPS. Other upstream reaches of the Columbia River corridor (within the Middle Columbia/Hood and Lower Columbia/Sandy subbasins VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 above) are also high value for rearing/ migration. The Team noted that the lower Columbia River corridor connects every watershed and population in this DPS with the ocean and is used by rearing/migrating juveniles and migrating adults. The Columbia River estuary is a particularly important area for this DPS as both juveniles and adult salmon make the critical physiological transition between life in freshwater and marine habitats (Interdisciplinary Scientific Advisory Board, 2000; Marriott et al., 2002). Unoccupied Areas—The Team also considered whether any blocked historical habitats may be essential for conservation of the DPS. As noted above in the Middle Columbia/Hood Subbasin, efforts are underway to allow salmon to access areas in the upper White Salmon River above Condit Dam. Access to these historical habitats will likely benefit lower Columbia River coho. However, the Team concluded that it was unclear whether the areas above Condit Dam are essential for conservation of the entire DPS, especially in comparison to other, more extensive, historical habitats where coho are actively being reintroduced and that may be of greater potential benefit to the DPS (e.g., areas in the Upper Lewis River). We solicit information and public comment on the importance of these areas to coho salmon and whether our final designation should include these areas as designated critical habitat. Puget Sound Steelhead Life History and Conservation Status Steelhead populations can be divided into two basic reproductive ecotypes, based on the state of sexual maturity at the time of river entry (summer or winter) and duration of spawning migration (Burgner et al., 1992). The Puget Sound DPS includes all naturally spawned anadromous winter-run and summer-run steelhead populations in 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 Hamma Hamma winter-run steelhead hatchery stocks. Non-anadromous ‘‘resident’’ O. mykiss occur within the range of Puget Sound steelhead, but are not part of the DPS due to marked differences in physical, physiological, ecological, and behavioral characteristics (71 FR 15666, March 29, 2006). Stream-maturing steelhead, also called summer-run steelhead, enter fresh water at an early stage of PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 maturation, usually from May to October. These summer-run fish migrate to headwater areas and hold for several months before spawning in the spring. Ocean-maturing steelhead, also called winter-run steelhead, enter fresh water from December to April at an advanced stage of maturation and spawn from March through June (Hard et al., 2007). While there is some temporal overlap in spawn timing between these forms, in basins where both winter- and summerrun steelhead are present, summer-run steelhead spawn farther upstream, often above a partially impassable barrier. In many cases it appears that the summer migration timing evolved to access areas above falls or cascades that present velocity barriers to migration during high winter flow months, but are passable during low summer flows. Winter-run steelhead are predominant in Puget Sound, in part because there are relatively few basins in the Puget Sound DPS with the geomorphological and hydrological characteristics necessary to establish the summer-run life history. Summer-run steelhead stocks within this DPS are all small and occupy limited habitat. Steelhead eggs incubate from one to four months (depending on water temperature) before hatching, generally between February and June. After emerging from the gravel, fry commonly occupy the margins of streams and side channels, seeking cover to make them less vulnerable to predation (WDFW, 2008). Juvenile steelhead forage for one to four years before emigrating to sea as smolts. Smoltification and seaward migration occur principally from April to mid-May. The nearshore migration pattern of Puget Sound steelhead is not well understood, but it is generally thought that smolts move quickly offshore, bypassing the extended estuary transition stage which many other salmonids need (Hartt and Dell, 1986). Steelhead oceanic migration patterns are also poorly understood. Evidence from tagging and genetic studies indicates that Puget Sound steelhead travel to the central North Pacific Ocean (French et al., 1975; Hartt and Dell, 1986; Burgner et al., 1992). Puget Sound steelhead feed in the ocean for one to three years before returning to their natal stream to spawn. They typically spend two years in the ocean, although, notably, Deer Creek summer-run steelhead spend only a single year in the ocean before spawning. In contrast with other species of Pacific salmonids, steelhead are iteroparous, capable of repeat spawning. While winter steelhead spawn shortly after returning to fresh water, adult summer steelhead rely on ‘‘holding habitat’’—typically E:\FR\FM\14JAP2.SGM 14JAP2 srobinson on DSK4SPTVN1PROD with Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules cool, deep pools—for up to 10 months prior to spawning (WDFW, 2008). Adults tend to spawn in moderate to high-gradient sections of streams. In contrast to semelparous Pacific salmon, steelhead females do not guard their redds, or nests, but return to the ocean following spawning (Burgner et al., 1992). Spawned-out fish that return to the sea are referred to as ‘‘kelts.’’ The Puget Sound steelhead DPS includes more than 50 stocks of summer- and winter-run fish (WDFW, 2002). Hatchery steelhead production in Puget Sound is widespread and focused primarily on the propagation of winterrun fish derived from a stock of domesticated, mixed-origin steelhead (the Chambers Creek Hatchery stock) originally native to a small Puget Sound stream that is now extirpated from the wild. Hatchery summer-run steelhead are also produced in Puget Sound; these fish are derived from the Skamania River in the Columbia River Basin. Habitat utilization by steelhead in the Puget Sound area has been dramatically affected by large dams and other manmade barriers in a number of drainages, including the Nooksack, Skagit, White, Nisqually, Skokomish, and Elwha river basins. In addition to limiting habitat accessibility, dams affect habitat quality through changes in river hydrology, altered temperature profile, reduced downstream gravel recruitment, and the reduced recruitment of large woody debris. Such changes can have significant negative impacts on salmonids (e.g., increased water temperatures resulting in decreased disease resistance) (Spence et al., 1996; McCullough, 1999). Many upper tributaries in the Puget Sound region have been affected by poor forestry practices, while many of the lower reaches of rivers and their tributaries have been altered by agriculture and urban development. Urbanization has caused direct loss of riparian vegetation and soils, significantly altered hydrologic and erosional rates and processes (e.g., by creating impermeable surfaces such as roads, buildings, parking lots, sidewalks etc.), and polluted waterways with stormwater and point-source discharges. The loss of wetland and riparian habitat has dramatically changed the hydrology of many streams, with increases in flood frequency and peak low during storm events and decreases in groundwater driven summer flows (Moscrip and Montgomery, 1997; Booth et al., 2002; May et al., 2003). River braiding and sinuosity have been reduced through the construction of dikes, hardening of banks with riprap, and channelization of the mainstem. Constriction of river VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 flows, particularly during high flow events, increases the likelihood of gravel scour and the dislocation of rearing juveniles. The loss of side-channel habitats has also reduced important areas for spawning, juvenile rearing, and overwintering habitats. Estuarine areas have been dredged and filled, resulting in the loss of important juvenile rearing areas. In addition to being a factor that contributed to the present decline of Puget Sound steelhead populations, the continued destruction and modification of steelhead habitat is the principal factor limiting the viability of the Puget Sound steelhead DPS into the foreseeable future. Because of their limited distribution in upper tributaries, summer-run steelhead may be at higher risk than winter-run steelhead from habitat degradation in larger, more complex watersheds. Recovery planning in Puget Sound is proceeding as a collaborative effort between NMFS and numerous tribal, state, and local governments and interested stakeholders. The Puget Sound Partnership is the entity responsible for working with NMFS to recover the listed Puget Sound Chinook salmon DPS. The Hood Canal Coordinating Council is the regional board implementing the recovery plan for the Hood Canal summer chum salmon DPS. There is a good deal of overlap between the geographical area occupied by Puget Sound steelhead and these two salmon DPSs, both of which had critical habitat designated on September 2, 2005 (70 FR 52630). A Technical Recovery Team was convened in 2008 to identify the historically independent spawning populations of steelhead within, and viability criteria for, the Puget Sound steelhead DPS. In 2011 the TRT completed an initial draft assessment (Puget Sound Steelhead Technical Recovery Team, 2011) and has begun work on viability criteria for this DPS. Upon completion of the technical work from the TRT, we will develop a recovery plan for Puget Sound steelhead and will work directly with the two regional boards to augment implementation plans to include measures to recover Puget Sound steelhead. During the critical habitat designation process for Puget Sound steelhead we will continue to review and incorporate as appropriate the information from these regional recovery plans as well as the ongoing population work by the TRT. Critical habitat is currently designated for other salmonid DPSs that inhabit Puget Sound watersheds, including Puget Sound Chinook salmon and Hood Canal summer-run chum salmon (70 FR 52630, September 2, 2005) as well as PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 2735 bull trout (75 FR 63898, October 18, 2010). These existing designations have extensive overlap with areas under consideration as critical habitat for Puget Sound steelhead. In the case of ESA-listed Chinook and chum salmon, the PCEs we identified are the same as those proposed for Puget Sound steelhead (NMFS, 2012a). However, watershed conservation values for steelhead may differ due to speciesspecific differences in population structure and habitat utilization. The Puget Sound Team’s assessment for this DPS addressed 18 subbasins containing 66 occupied watersheds. Each of these 66 areas constituted the specific areas for the analysis of critical habitat for this species. The Team evaluated the conservation value of habitat areas on the basis of the physical and biological habitat requirements of Puget Sound steelhead, consistent with the PCEs described in the ‘‘Primary Constituent Elements and Physical or Biological Features Essential to the Conservation of the Species’’ section above. The Team also considered the conservation value of each watershed in the context of the demographically independent populations within the three ecological zones/major population groups (MPGs) (Northern Cascades, Central and South Puget Sound, and Olympic Peninsula) in Puget Sound identified by the Puget Sound TRT (2011). Summarized information is again presented below by USGS subbasin because they present a convenient and systematic way to organize the Team’s watershed assessments for this DPS and their names are generally more recognizable because they typically identify major river systems. Full details are in the biological report supporting this proposed designation (NMFS, 2012a). Strait of Georgia Subbasin—This subbasin contains three watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 428 mi2 (1,109 km2). Fish distribution and habitat use data from WDFW (2010) and the Northwest Indian Fisheries Commission (NWIFC) (2011) identify approximately 118 miles (190 km) of occupied riverine habitat in the watersheds. Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Northern Cascades) containing two winter-run populations (Drayton Harbor Tributaries and Samish River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel E:\FR\FM\14JAP2.SGM 14JAP2 srobinson on DSK4SPTVN1PROD with 2736 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules modifications/diking, forestry, irrigation impoundments and withdrawals, forestry, and urbanization (NMFS, 2012a). The Team also determined that all of the occupied watersheds in this subbasin were of medium conservation value to the DPS. Nooksack Subbasin—This subbasin contains five watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 795 mi2 (2,059 km2). Fish distribution and habitat use data identify approximately 324 miles (521 km) of occupied riverine habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Northern Cascades) containing one winter-run population (Nooksack River) and one summer-run population (South Fork Nooksack River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/diking, forestry, irrigation impoundments and withdrawals, and road building/maintenance (NMFS, 2012a). Of the five watersheds reviewed, three were rated as having high conservation value and two were rated as having medium conservation value to the DPS. Upper Skagit Subbasin—This subbasin contains five watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 999 mi2 (2,587 km2). Fish distribution and habitat use data identify approximately 167 miles (269 km) of occupied riverine habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Northern Cascades) containing two winter-run populations (Baker River and Skagit River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including, dams, forestry, and road building/maintenance (NMFS, 2012a). Of the five watersheds reviewed, four were rated as having high conservation value and one was rated as having medium conservation value to the DPS. Sauk Subbasin—This subbasin contains four watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 741 mi2 (1,919 km2). Fish distribution and habitat use data identify approximately 156 miles (251 km) of VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 occupied riverine habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Northern Cascades) containing one winter-run population (Sauk River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and management activities that may affect the PCEs, including forestry and road building/maintenance (NMFS, 2012a). Of the four watersheds reviewed, three were rated as having high conservation value and one was rated as having medium conservation value to the DPS. Lower Skagit Subbasin—This subbasin contains two watersheds, both of which are occupied by this DPS. Occupied watersheds encompass approximately 447 mi2 (1,158 km2). Fish distribution and habitat use data identify approximately 210 miles (338 km) of occupied riverine habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Northern Cascades) containing four winter-run populations (Baker River, Nookachamps Creek, Sauk River, and Skagit River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including, agriculture, channel modifications/diking, forestry, wetland loss/removal, and urbanization (NMFS, 2012a). The Team also determined that both of the occupied watersheds in this subbasin were of high conservation value to the DPS. Stillaguamish Subbasin—This subbasin contains three watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 704 mi2 (1.823 km2). Fish distribution and habitat use data identify approximately 351 miles (465 km) of occupied riverine habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Northern Cascades) containing two summer-run populations (Deer Creek and Canyon Creek) and one winter-run population (Stillaguamish River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including, forestry, wetland loss/removal, and urbanization (NMFS, 2012a). The Team also determined that all of the occupied PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 watersheds in this subbasin were of high conservation value to the DPS. Skykomish Subbasin—This subbasin contains five watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 853 mi2 (2,209 km2). Fish distribution and habitat use data identify approximately 230 miles (370 km) of occupied riverine habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Northern Cascades) containing one summer-run population (North Fork Skykomish River) and one winter-run population (Snohomish/Skykomish River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including, agriculture, dams, forestry, road building/maintenance, and urbanization (NMFS 2012a). Of the five watersheds reviewed, three were rated as having high conservation value and two were rated as having medium conservation value to the DPS. Snoqualmie Subbasin—This subbasin contains two watersheds, both of which are occupied by this DPS. Occupied watersheds encompass approximately 504 mi2 (1,305 km2). Fish distribution and habitat use data identify approximately 199 miles (320 km) of occupied riverine habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Northern Cascades) containing one summer-run population (Tolt River) and one winterrun population (Snoqualmie River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture and forestry (NMFS, 2012a). The Team also determined that both of the occupied watersheds in this subbasin were of high conservation value to the DPS. Snohomish Subbasin—This subbasin contains two watersheds, both of which are occupied by this DPS. Occupied watersheds encompass approximately 278 mi2 (720 km2). Fish distribution and habitat use data identify approximately 215 miles (557 km) of occupied riverine habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Northern Cascades) containing two summer-run populations (North Fork Skykomish River and Tolt River) and E:\FR\FM\14JAP2.SGM 14JAP2 srobinson on DSK4SPTVN1PROD with Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules three winter-run populations (Pilchuck River, Snohomish/Skykomish River, and Snoqualmie River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/ diking, dams, forestry, urbanization, and sand/gravel mining (NMFS, 2012a). The Team also determined that both of the occupied watersheds in this subbasin were of high conservation value to the DPS. Lake Washington Subbasin—This subbasin contains four watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 619 mi2 (1,603 km2). Fish distribution and habitat use data identify approximately 202 miles (325 km) of occupied riverine habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Central and South Puget Sound) containing two winter-run populations (Cedar River and Lake Washington Tributaries) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including, channel modifications/ diking, dams, road building/ maintenance, forestry, and urbanization (NMFS, 2012a). Of the four watersheds reviewed, one was rated as having medium conservation value and three were rated as having low conservation value to the DPS. Duwamish Subbasin—This subbasin contains three watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 487 mi2 (1,261 km2). Fish distribution and habitat use data identify approximately 178 miles (286 km) of occupied riverine habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Central and South Puget Sound) containing one winter-run population (Green River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/diking, dams, irrigation impoundments/withdrawals, and urbanization (NMFS, 2012a). The Team also determined that all of the occupied watersheds in this subbasin were of high conservation value to the DPS. VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 Puyallup Subbasin—This subbasin contains five watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 996 mi2 (2,580 km2). Fish distribution and habitat use data identify approximately 272 miles (438 km) of occupied riverine habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Central and South Puget Sound) containing two winter-run populations (Puyallup River/Carbon River and White River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/ diking, dams, irrigation impoundments/ withdrawals, and urbanization (NMFS, 2012a). The Team also determined that all of the occupied watersheds in this subbasin were of high conservation value to the DPS. Nisqually Subbasin—This subbasin contains two watersheds, both of which are occupied by this DPS. Occupied watersheds encompass approximately 472 mi2 (1,222 km2). Fish distribution and habitat use data identify approximately 161 miles (259 km) of occupied riverine habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Central and South Puget Sound) containing one winter-run population (Nisqually River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, dams, and urbanization (NMFS, 2012a). The Team also determined that both of the occupied watersheds in this subbasin were of high conservation value to the DPS. Deschutes Subbasin—This subbasin contains two watersheds, both of which are occupied by this DPS. Occupied watersheds encompass approximately 168 mi2 (435 km2). Fish distribution and habitat use data identify approximately 63 miles (101 km) of occupied riverine habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Central and South Puget Sound) in this subbasin. The Puget Sound TRT did not identify a demographically independent population of steelhead in this subbasin and noted that the Deschutes River was historically impassable to anadromous PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 2737 fish at Tumwater Falls. Winter steelhead were introduced into the Deschutes River when a fish ladder was installed at Tumwater Falls in 1954, but it is unclear if a naturally self-sustaining population exists (WDFW, 2008). Despite these uncertainties, the Team noted that steelhead spawning in this watershed would likely be considered part of the listed DPS. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, forestry, and grazing (NMFS, 2012a). The Team also determined that both of the occupied watersheds in this subbasin were of low conservation value to the DPS. Skokomish Subbasin—This subbasin consists of one watershed occupied by this DPS, encompassing approximately 248 mi2 (642 km2). Fish distribution and habitat use data identify approximately 86 miles (138 km) of occupied riverine habitat in the watershed (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Olympic Peninsula) containing one winter-run population (Skokomish River) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including channel modifications/diking, dams, forestry, and urbanization (NMFS, 2012a). The Team also determined that the single occupied watershed in this subbasin was of high conservation value to the DPS. Hood Canal Subbasin—This subbasin contains seven watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 605 mi2 (1,567 km2). Fish distribution and habitat use data identify approximately 153 miles (246 km) of occupied riverine habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Olympic Peninsula) containing three winter-run populations (East, West, and South Hood Canal Tributaries) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/diking, forestry, road building/maintenance, and urbanization (NMFS, 2012a). Of the seven watersheds reviewed, four were rated as having E:\FR\FM\14JAP2.SGM 14JAP2 srobinson on DSK4SPTVN1PROD with 2738 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules high conservation value and three were rated as having medium conservation value to the DPS. Kitsap Subbasin—This subbasin contains six watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 1,087 mi2 (2,815 km2). Fish distribution and habitat use data identify approximately 260 miles (418 km) of occupied riverine habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified two ecological zones/MPGs (Olympic Peninsula and South Central Cascades) containing three winter-run populations (Strait of Juan de Fuca Lowland Tributaries, East Kitsap Peninsula Tributaries, and South Sound Tributaries) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/diking, forestry, grazing, and urbanization (NMFS, 2012a). Of the six watersheds reviewed, four were rated as having low conservation value and two were rated as having medium conservation value to the DPS. Dungeness/Elwha Subbasin—This subbasin contains five watersheds, all of which are occupied by this DPS. Occupied watersheds encompass approximately 828 mi2 (2,145 km2). Fish distribution and habitat use data identify approximately 144 miles (232 km) of occupied riverine habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have identified one ecological zone/MPG (Olympic Peninsula) containing four winter-run populations (Dungeness River, Elwha River, Strait of Juan de Fuca Lowland Tributaries, and Strait of Juan de Fuca Independent Tributaries) in this subbasin. The Team concluded that all occupied areas contain spawning, rearing, or migration PCEs for this DPS and identified several management activities that may affect the PCEs, including agriculture, channel modifications/diking, dams, forestry, irrigation impoundments/withdrawals, road building/maintenance, and urbanization (NMFS, 2012a). Of the five watersheds reviewed, four were rated as having high conservation value and one was rated as having medium conservation value to the DPS. Unoccupied Areas—The Team also considered whether blocked historical habitat above Elwha Dam and Glines Canyon Dam (on the Elwha River) may be essential for conservation of the DPS. The decommissioning of these dams VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 began in 2011 and will allow steelhead and other salmonids access to at least 45 miles (72 km) of habitat in the basin upstream (WDFW, 2011; Olympic National Park, 2012). The Team determined that stream reaches above both dams are essential for conservation of the DPS, noting the significant amount of additional spawning habitat available relative to other much smaller streams in the Strait of Juan de Fuca, as well as the high likelihood that these habitats will likely be able to support both summer- and winter-run life forms of steelhead. We seek comments and information specific to this unoccupied area and our conclusion that it is essential to the conservation of Puget Sound steelhead. Nearshore Marine Areas of Puget Sound—Unlike most other Pacific salmonids, steelhead appear to make only ephemeral use of nearshore marine waters. The species’ lengthy freshwater rearing period results in large smolts that are prepared to move rapidly through estuaries and nearshore waters to forage on larger prey in offshore marine areas (Quinn, 2005; Welch, 2010). Although data specific to Puget Sound are limited, recent studies of steelhead migratory behavior strongly suggest that juveniles spend little time (a matter of hours in some cases) in estuarine and nearshore areas and do not favor migration along shorelines (Moore et al., 2010a, Moore et al., 2010b; Romer, 2010). In contrast, stream-type Puget Sound Chinook and Hood Canal summer-run chum salmon are known to make extensive use of nearshore areas in Puget Sound, spending from several days to several months in and adjacent to natal estuaries (WDFW and Point No Point Treaty Tribes, 2000; Redman et al., 2005; Fresh, 2006). That welldocumented behavior led us to designate specific nearshore areas as critical habitat for those two species (70 FR 52630, September 2, 2005). The data for steelhead, however, suggest the opposite conclusion. Anecdotal reports suggest that juvenile steelhead may travel short distances in nearshore areas as they move between adjacent river mouths. There are similar reports of limited nearshore use by precocious steelhead (i.e., fish that are reproductively mature but have not reached their typical adult age and size). Although such behaviors could be important life history strategies for steelhead, it is uncertain whether and where such behaviors occur in Puget Sound. Therefore, given the best available information, we conclude that there are not specific nearshore areas within the geographical area occupied PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 by Puget Sound steelhead on which are found those physical or biological features essential to their conservation. We request comments and information regarding this conclusion. Application of ESA Section 4(b)(2) The foregoing discussion describes those areas that are eligible for designation as critical habitat—the specific areas that fall within the ESA section 3(5)(A) definition of critical habitat, not including lands owned or controlled by the Department of Defense, or designated for its use, that are covered by an INRMP that we have determined in writing provides a benefit to the species. Specific areas eligible for designation are not automatically designated as critical habitat. Section 4(b)(2) of the ESA requires that the Secretary consider the economic impact, impact on national security, and any other relevant impact of designating those areas. The Secretary has the discretion to exclude a ‘‘particular area’’ from designation if he determines the benefits of exclusion (that is, avoiding the impact that would result from designation), outweigh the benefits of designation. The Secretary may not exclude an area from designation if, based on the best available scientific and commercial information, exclusion will result in the extinction of the species. Because the authority to exclude is ‘‘wholly’’ discretionary, exclusion is not required for any areas. The first step in conducting an ESA section 4(b)(2) analysis is to identify the ‘‘particular areas’’ to be analyzed. Section 3(5) of the ESA defines critical habitat as ‘‘specific areas,’’ while section 4(b)(2) requires the agency to consider certain factors before designating any ‘‘particular area.’’ Depending on the biology of the species, the characteristics of its habitat, and the nature of the impacts of designation, ‘‘specific’’ areas might be different from, or the same as, ‘‘particular’’ areas. For lower Columbia River coho and Puget Sound steelhead, we analyzed two types of ‘‘particular’’ areas. Where we considered economic impacts, and weighed the economic benefits of exclusion against the conservation benefits of designation, we used the same biologically based ‘‘specific’’ areas we had identified under section 3(5)(A), the HUC5 watershed. This worked well because upslope and upstream activities in a watershed can affect the stream within the watershed (see the draft Economic Analysis Report (NMFS 2012b) for definition of the HUC5s and more information). This approach allowed us to most effectively consider the conservation value of the different E:\FR\FM\14JAP2.SGM 14JAP2 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules srobinson on DSK4SPTVN1PROD with areas when balancing conservation benefits of designation against economic benefits of exclusion. Where we considered impacts on Indian lands and lands subject to a habitat conservation plan (HCP), however, we instead used a delineation of ‘‘particular’’ areas based on ownership or control of the area. Specifically, these particular areas consisted of occupied freshwater and estuarine areas that overlap with Indian and HCP lands. This approach allowed us to consider impacts and benefits associated with land ownership and management by Indian tribes and HCP partners. The use of two different types of areas required us to account for overlapping boundaries (that is, ownership may span many watersheds and watersheds may have mixed ownership). The order in which we conducted the 4(b)(2) balancing became important because of this overlap. To ensure we were not double-counting the benefits of exclusion, we first considered exclusion of particular areas based on land ownership and determined which areas to recommend for exclusion. We then considered economic exclusion of particular areas based on watersheds, with the economic impact for each watershed adjusted based on whether a given type of ownership had already been recommended for exclusion. Benefits of Designation The primary benefit of designation is the protection afforded under the ESA section 7 requirement that all Federal agencies ensure their actions are not likely to destroy or adversely modify designated critical habitat. This type of benefit is sometimes referred to as an incremental benefit because the protections afforded to the species from critical habitat designation are in addition to the requirement that all Federal agencies ensure their actions are not likely to jeopardize the continued existence of the species. In addition, the designation may enhance the conservation of habitat by informing the public about areas and features important to species conservation, which may help focus and contribute to conservation efforts for salmon and steelhead and their habitats. With sufficient information, it may be possible to monetize these benefits of designation by first quantifying the benefits expected from an ESA section 7 consultation and translating that into dollars. We are not aware, however, of any available data to monetize the benefits of designation (e.g., estimates of the monetary value of the physical and biological features within specific areas that meet the definition of critical VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 habitat, or of the monetary value of general benefits such as education and outreach). In an alternative approach that we have commonly used in the past (70 FR 52630, September 2, 2005), we qualitatively assessed the benefit of designation for each of the specific areas identified as meeting the definition of critical habitat for each DPS. Our qualitative consideration began with an evaluation of the conservation value of each area. We considered a number of factors to determine the conservation value of an area, including the quantity and quality of physical or biological features, the relationship of the area to other areas within the DPS, and the significance to the DPS of the population occupying that area. There are many Federal activities that occur within the specific areas that could impact the conservation value of these areas. Regardless of designation, Federal agencies are required under Section 7 of the ESA to ensure these activities are not likely to jeopardize the continued existence of lower Columbia River coho and Puget Sound steelhead. If the specific areas are designated as critical habitat, Federal agencies will additionally be required to ensure their actions are not likely to adversely modify the critical habitat. We grouped the potential Federal activities that would be subject to this additional protection into several broad categories: water supply, in-stream work, development, Federal lands management, transportation, utilities, mining, and hydropower. The benefit of designating a particular area depends upon the likelihood of a section 7 consultation occurring in that area and the degree to which a consultation would yield conservation benefits for the species. Based on past consultations for listed salmon and steelhead in this region, we estimated that a total of 55 actions would require section 7 consultation annually for lower Columbia River coho within the particular areas being considered for designation (NMFS, 2012b). For Puget Sound steelhead, we estimated that a total of 117 actions would require section 7 consultation annually within the particular areas being considered for designation (NMFS, 2012b). The most common activity types subject to consultation in the range of each DPS would be in-stream work and transportation projects, accounting for approximately 80 percent of estimated actions (a complete list of the estimated annual actions, allocated by particular area, is included in the Draft Economic Analysis [NMFS, 2012b]). These activities have the potential to adversely affect water quality and substrate PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 2739 composition and quality for salmon and steelhead. Consultation would yield conservation benefits for the species by preventing or ameliorating such habitat effects. Impacts of Designation Section 4(b)(2) of the ESA provides that the Secretary shall consider ‘‘the economic impact, impact on national security, and any other relevant impact of specifying any particular area as critical habitat.’’ The primary impact of a critical habitat designation stems from the requirement under section 7(a)(2) of the ESA that Federal agencies ensure their actions are not likely to result in the destruction or adverse modification of critical habitat. Determining this impact is complicated by the fact that section 7(a)(2) contains the overlapping requirement that Federal agencies must ensure their actions are not likely to jeopardize the species’ continued existence. The true impact of designation is the extent to which Federal agencies modify their actions to ensure their actions are not likely to destroy or adversely modify the critical habitat of the species, beyond any modifications they would make because of listing and the jeopardy requirement. Additional impacts of designation include state and local protections that may be triggered as a result of the designation. In addition, if the area proposed for designation overlaps an area already designated as critical habitat for another species, the true impact of designation is the modification Federal agencies would make beyond any modification they would make to avoid adversely modifying the already-designated critical habitat. In determining the impacts of designation, we predicted the incremental change in Federal agency actions as a result of critical habitat designation and the adverse modification prohibition, beyond the changes predicted to occur as a result of listing and the jeopardy provision. In August 2012 we and the U.S. Fish and Wildlife Service published a proposed rule to amend our joint regulations at 50 CFR 424.19 to clarify that in considering impacts of designation as required by Section 4(b)(2), we would consider the incremental impacts (77 FR 51503, August 24, 2012). This approach is in contrast to our 2005 critical habitat designations for salmon and steelhead (70 FR 52630, September 2, 2005) and for Southern Resident killer whales (71 FR 69054, November 29, 2006), where we considered the ‘‘coextensive’’ impact of designation. The consideration of coextensive impacts was in accordance E:\FR\FM\14JAP2.SGM 14JAP2 srobinson on DSK4SPTVN1PROD with 2740 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules with a Tenth Circuit Court decision (New Mexico Cattle Growers Association v. U.S. Fish and Wildlife Service, 248 F.3d 1277 (10th Cir. 2001)). More recently, several courts (including the 9th Circuit Court of Appeals) have approved an approach that considers the incremental impact of designation. The Federal Register Notice announcing the proposed policy on considering impacts of designation (77 FR 51503, August 24, 2012) describes and discusses these court cases (Arizona Cattlegrowers’ Ass’n v. Salazar, 606 F3d 1160, 1172–74 (9th Cir. 2010), cert. denied, 131 S.Ct. 1471, 179 L. Ed. 2d 300 (2011); Homebuilders Ass’n v. FWS, 616 F3d 983 (9th Cir. 2010) cert. denied, 131 S. Ct. 1475, 179 L. Ed. 2d 301 (2011); M–3706 The Secretary’s Authority to Exclude Areas from Critical Habitat Designation Under 4(b)(2) of the Endangered Species Act (October 3, 2008) (DOI 2008)). In more recent critical habitat designations, both NMFS and the U.S. Fish and Wildlife Service have considered the incremental impact of critical habitat designation (for example, NMFS’ designation of critical habitat for the Southern DPS of green sturgeon (74 FR 52300, October 9, 2009) and the Southern DPS of Pacific eulachon (76 FR 65324, October 20, 2011), and the U.S. Fish and Wildlife’s designation of critical habitat for the Oregon chub (75 FR 11031, March 10, 2010)). Consistent with our proposed regulatory amendments, the more recent court cases, and more recent agency practice, we estimated the incremental impacts of designation, beyond the impacts that would result from the listing and jeopardy provision. In addition, because these proposed designations almost completely overlap our previous salmonid critical habitat designations, and the essential features are the same, we estimated only the incremental impacts of designation beyond the impacts already imposed by those prior designations. To determine the impact of designation, we examined what the state of the world would be with the designation of critical habitat for the lower Columbia River coho and Puget Sound steelhead DPSs and compared it to the state of the world without the designations. The ‘‘without critical habitat’’ scenario represents the baseline for the analysis. It includes process requirements and habitat protections already afforded these DPSs under their Federal listing or under other Federal, state, and local regulations. Such regulations include protections afforded to habitat supporting these two DPSs from other co-occurring ESA listings VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 and critical habitat designations, in particular listings/designations for West Coast salmon and steelhead (70 FR 52630, September 2, 2005). In the case of lower Columbia River coho, the proposed designation overlaps with existing designations for lower Columbia River steelhead and Chinook, and Columbia River chum, as well as several DPSs that spawn upstream in the middle and upper Columbia and Snake Rivers. In the case of Puget Sound steelhead, the proposed designation overlaps with existing designations for Puget Sound Chinook and Hood Canal summer-run chum. The ‘‘with critical habitat’’ scenario describes the incremental impacts associated specifically with the designation of critical habitat for lower Columbia River coho and Puget Sound steelhead. The primary impacts of critical habitat designation we found were: (1) The costs associated with additional administrative effort of including a critical habitat analysis in section 7 consultations for these two DPSs; (2) project modifications required solely to avoid destruction or adverse modification of their critical habitat; (3) potential impacts on national security if particular areas were designated critical habitat for Puget Sound steelhead; and (4) the possible harm to our working relationship with Indian tribes and some HCP landowners. There are no military areas eligible for designation that overlap with critical habitat areas, so we did not consider impacts to national security. Because we have chosen to balance benefits and consider exclusions, we consider these impacts in more detail below in the section devoted to each type of impact. Economic Impacts Our economic analysis sought to determine the impacts on land uses and activities from the proposed designation of critical habitat that are above and beyond—or incremental to—those ‘‘baseline’’ impacts due to existing or planned conservation efforts being undertaken due to other Federal, State, and local regulations or guidelines (NMFS, 2012b). Other Federal agencies, as well as State and local governments, may also seek to protect the natural resources under their jurisdiction. If compliance with the Clean Water Act or State environmental quality laws, for example, protects habitat for the species, such protective efforts are considered to be baseline protections and costs associated with these efforts are not quantified as impacts of critical habitat designation. When critical habitat is designated, section 7 of the ESA requires Federal PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 agencies to ensure that their actions will not result in the destruction or adverse modification of critical habitat (in addition to ensuring that the actions are not likely to jeopardize the continued existence of the species). The added administrative costs of considering critical habitat in section 7 consultations and the additional impacts of implementing project modifications to protect critical habitat are the direct result of the designation of critical habitat. These costs are not in the baseline, and are considered incremental impacts of the rulemaking. Incremental impacts may also include the direct costs associated with additional effort for future consultations, reinitiated consultations, new consultations occurring specifically because of the designation, and additional project modifications that would not have been required to avoid jeopardizing the continued existence of the species. Additionally, incremental impacts may include indirect impacts resulting from reaction to the potential designation of critical habitat (e.g., developing ESA habitat conservation plans (HCPs) in an effort to avoid designation of critical habitat), triggering of additional requirements under State or local laws intended to protect sensitive habitat, and uncertainty and perceptional effects on markets. To evaluate the economic impact of critical habitat we first examined our ESA section 7 consultation record for West Coast salmon and steelhead. That voluminous record includes consultations on habitat-modifying Federal actions both where critical habitat has been designated and where it has not. As further explained in the supporting economic report (NMFS, 2012b), to quantify the economic impact of designation, we employed the following three steps: (1) Define the geographic study area for the analysis, and identify the units of analysis (the ‘‘particular areas’’). In this case, we defined HUC5 watersheds that encompass occupied stream reaches as the study area. (2) Identify potentially affected economic activities and determine how management costs may increase due to the designation of critical habitat for lower Columbia River coho and Puget Sound steelhead, both in terms of project administration and project modification. (3) Estimate the economic impacts associated with these changes in management. We estimated a total annualized incremental cost of approximately $357,815 for designating all specific E:\FR\FM\14JAP2.SGM 14JAP2 srobinson on DSK4SPTVN1PROD with Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules areas as critical habitat for lower Columbia River coho. The greatest costs are associated with transportation, water supply, and in-stream work activities (see NMFS, 2012b). The Columbia Slough/Willamette River HUC5 watershed had the largest estimated annual impacts ($54,000) while the Jackson Prairie HUC5 watershed had the lowest, with zero estimated annual impacts (NMFS, 2012b). For Puget Sound steelhead, we estimated a total annualized incremental administrative cost of approximately $460,924 for designating all specific areas as critical habitat. The greatest costs are associated with transportation and in-stream work activities (see NMFS, 2012b). Several watersheds located throughout the range of the DPS had zero estimated annual impacts, while the Lake Washington HUC5 watershed had the largest estimated annual impacts ($103,000) (NMFS, 2012b). In weighing economic impacts, we followed the policy direction in Executive Order 12866 to ‘‘maximize net benefits’’ and seek to achieve regulatory objectives in ‘‘the most cost effective manner.’’ Consistent with our past practice for salmon and steelhead critical habitat designations, we took into consideration a cost-effectiveness approach giving priority to excluding habitat areas with a relatively lower benefit of designation and a relatively higher economic impact. The circumstances of these and other listed salmon and steelhead DPSs can make a cost-effectiveness approach useful because different areas have different conservation value relative to one another. Pacific salmon and steelhead are wide-ranging species and occupy numerous habitat areas with thousands of stream miles. Not all occupied areas are of equal importance to conserving a DPS. Within the currently occupied range there are areas that historically were more or less productive, that are currently more or less degraded, or that support populations that are more or less central to conservation of the DPS as a whole. As a result, in many cases it may be possible to construct a designation scenario in which conservation of the DPS as a whole will be possible even if the entire area meeting the definition of critical habitat is not designated. This creates the potential to consider exclusions where conservation values are relatively low and economic impacts are relatively high. This is the same approach we took in our 2005 salmonid critical habitat designations (70 FR 52630, September 2, 2005) and green sturgeon critical habitat VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 designation (74 FR 52300, October 9, 2009). In seeking a cost-effective designation that would minimize economic impacts, we also heeded the policy direction to conserve salmon and steelhead habitat described above. In accordance with the policy direction to conserve salmon and steelhead habitat, we do not propose to exclude any habitat areas based on economic impacts if exclusion would ‘‘significantly impede conservation.’’ We adopted this test because habitat loss and degradation are leading factors for the decline of both DPSs (70 FR 37160, June 28, 2005; 72 FR 26722, May 11, 2007), and habitat protection and restoration have been identified as key actions in Lower Columbia River and Puget Sound recovery plans and assessments (Puget Sound Salmon Recovery Plan, 2009; Judge, 2011; NMFS, 2012d). Consistent with this test, we did not consider any areas for an economic exclusion that we had identified as having a high conservation value. We gave greater weight to the benefit of designating these high value areas than to the benefit of avoiding economic impacts because of the historic loss and degradation of habitat, the ongoing threats to habitat, and the importance of habitat protection and restoration in recovering the DPSs. The approach taken here is the same approach we took in our 2005 salmon and steelhead critical habitat designations (70 FR 52630, September 2, 2005) and green sturgeon critical habitat designation (74 FR 52300, October 9, 2009). Also consistent with this test, we do not propose to exclude any medium or low quality habitat areas if we concluded that their exclusion would significantly impede conservation, as described further below. In the first step of balancing economic benefits, we identified for potential exclusion the low value habitat areas with an annual economic impact greater than or equal to $10,000 and the medium value habitat areas with an annual economic impact greater than or equal to $100,000. These dollar thresholds are substantially lower than the thresholds we used in our 2005 designations because here we have used the incremental impact of designation, while in the 2005 rule we used the coextensive impact of designation. (Our 2005 rule explains in greater detail how and why we relied on co-extensive impacts [see 70 FR 52630, September 2, 2005 and NMFS, 2005].) As with the 2005 designations, the thresholds we selected for identifying habitat areas eligible for exclusion do not represent an objective judgment that, for example, a low value area is worth a certain PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 2741 dollar amount and no more. The statute directs us to balance dissimilar values but also emphasizes the discretionary nature of the balancing task. The cost estimates developed by our economic analysis do not have obvious break points that would lead to a logical division between ‘‘high,’’ ‘‘medium,’’ and ‘‘low’’ costs. Given these factors, a judgment that any particular dollar threshold is objectively ‘‘right,’’ would be neither necessary nor possible. Rather, what economic impact is ‘‘high’’ and, therefore, might outweigh the benefit of designating a medium or low value habitat area is a matter of discretion and depends on the policy context. In the second step of the process, we asked the Teams whether exclusion of any of the low- or medium-value habitat areas would significantly impede conservation of the DPS. The Teams considered this question in the context of: (1) The Indian lands and HCP lands they assumed would be excluded based on ‘‘other relevant impacts’’ (exclusions discussed later in this report); (2) all of the areas eligible for economic exclusion; and (3) the information they had developed in providing the initial conservation ratings. The Critical Habitat Designations section below describes the results of applying the two-step process to each DPS. The results are discussed in greater detail in a separate report that is available for public review and comment (NMFS, 2012c). Other Relevant Impacts—Impacts to Tribal Sovereignty and Self-Governance Much of the benefit of designating critical habitat on Indian lands is the same as designating critical habitat on other lands. In an ESA section 7 consultation, Federal agencies must ensure their actions do not destroy or adversely modify the designated critical habitat, in addition to ensuring their actions do not jeopardize the continued existence of the species. There is a broad array of activities on Indian lands that may trigger section 7 consultations. The other benefit is the notice that designation gives that an area is important to conservation of the species. Both of these benefits may be diminished by the fact that tribes are actively working to address the habitat needs of the species on their lands as well as in the larger ecosystem, and are fully aware of the conservation value of their lands. (This is documented in correspondence from the tribes, several in response to the agency’s ANPR (76 FR 1392, January 10, 2011)). Indian lands potentially affected by a critical habitat designation only occur E:\FR\FM\14JAP2.SGM 14JAP2 srobinson on DSK4SPTVN1PROD with 2742 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules within the range of the Puget Sound steelhead DPS, and they comprise only a minor portion (approximately 2 percent) of the total habitat under consideration for designation (NMFS, 2012c). This percentage is likely an overestimate as it includes all habitat area within reservation boundaries. In many cases, a considerable portion of the land within the reservation boundaries is no longer held in trust for the tribe or in fee status by individual tribal members. The longstanding and distinctive relationship between the Federal and tribal governments is defined by treaties, statutes, executive orders, judicial decisions, and agreements, which differentiate tribal governments from the other entities that deal with, or are affected by, the Federal government. This relationship has given rise to a special Federal trust responsibility involving the legal responsibilities and obligations of the United States toward Indian Tribes with respect to Indian lands, tribal trust resources, and the exercise of tribal rights (e.g., Executive Order 13175 and Secretarial Order 3206). Pursuant to these federal policies and authorities lands have been retained by Indian Tribes or have been set aside for tribal use. These lands are managed by Indian Tribes in accordance with tribal goals and objectives within the framework of applicable treaties and laws. In addition to the distinctive trust relationship, for Pacific salmonids in the Northwest, there is a unique partnership between the Federal government and Indian tribes regarding salmonid management. Northwest Indian tribes are regarded as ‘‘comanagers’’ of the salmonid resource, along with Federal and state managers. This co-management relationship evolved as a result of numerous court decisions clarifying the tribes’ treaty right to take fish in their usual and accustomed places. The tribes have stated in letters and meetings that designation of Indian lands as critical habitat will undermine long-term working relationships and reduce the capacity of tribes to participate at current levels in the many and varied forums addressing ecosystem management and conservation of fisheries resources. In the decision Center for Biological Diversity v. Norton, 240 F. Supp. 2d 1090 (D. Ariz. 2003), the court held that a positive working relationship with Indian tribes is a relevant impact that can be considered when weighing the relative benefits of a critical habitat. The current co-manager process addressing activities on an ecosystem- VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 wide basis throughout the Northwest is beneficial for the conservation of the salmonids. We also believe that maintaining our current co-manager relationship consistent with existing policies is an important benefit to continuing our tribal trust responsibilities and relationship. Based upon our consultation with the Tribes, we believe that designation of Indian lands as critical habitat would adversely impact our working relationship and the benefits resulting from this relationship. The benefits of excluding Indian lands from designation include: (1) Furthering established national policies, our Federal trust obligations and our deference to the tribes in management of natural resources on their lands; (2) maintaining effective long-term working relationships to promote the conservation of salmonids on an ecosystem wide basis across four states; (3) allowing continued meaningful collaboration and cooperation in scientific work to learn more about the conservation needs of the species on an ecosystem-wide basis; and (4) continued respect for tribal sovereignty over management of natural resources on Indian lands through established tribal natural resource programs. Based upon these considerations, we have determined to exercise agency discretion under ESA section 4(b)(2) and propose to exclude Indian lands from the critical habitat designation for Puget Sound steelhead. The Indian lands specifically excluded from critical habitat are those defined in the Secretarial Order, including: (1) lands held in trust by the United States for the benefit of any Indian tribe; (2) lands held in trust by the United States for any Indian Tribe or individual subject to restrictions by the United States against alienation; (3) fee lands, either within or outside the reservation boundaries, owned by the tribal government; and (4) fee lands within the reservation boundaries owned by individual Indians. These particular areas comprise only 2 percent of the total area under consideration for designation as critical habitat for Puget Sound steelhead (NMFS, 2012c). Other Relevant Impacts—Impacts to Landowners With Contractual Commitments to Conservation Conservation agreements with nonFederal landowners (e.g., HCPs) enhance species conservation by extending species protections beyond those available through section 7 consultations. We have encouraged nonFederal landowners to enter into conservation agreements, based on a view that we can achieve greater PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 species’ conservation on non-Federal land through such voluntary partnerships than we can through coercive methods (61 FR 63854, December 2, 1996). Section 10(a)(1)(B) of the ESA authorizes us to issue to non-Federal entities a permit for the incidental take of endangered and threatened species. This permit allows a non-Federal landowner to proceed with an activity that is legal in all other respects, but that results in the incidental taking of a listed species (i.e., take that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity). The ESA specifies that an application for an incidental take permit must be accompanied by a conservation plan, and specifies the content of such a plan. The purpose of such an HCP is to describe and ensure that the effects of the permitted action on covered species are adequately minimized and mitigated, and that the action does not appreciably reduce the likelihood of the survival and recovery of the species. In previous critical habitat designations for West Coast salmon and steelhead (70 FR 52630, September 2, 2005), we have exercised discretion to exclude some (but not all) lands covered by an HCP from designation after concluding that benefits of exclusion outweighed the benefits of designation. For lands covered by an HCP, the benefits of designation typically arise from section 7 protections as well as enhanced public awareness. The benefits of exclusion generally include relieving regulatory burdens on existing conservation partners, maintaining good working relationships with them (thus enhancing implementation of existing HCPs), and encouraging the development of new partnerships. We contacted the HCP landowners whose lands were excluded in our 2005 designations (Washington Department of Natural Resources, Green Diamond Resources Company, and West Fork Timber Company) to discuss the critical habitat designations for lower Columbia River coho and Puget Sound steelhead. We also contacted several additional landowners whose HCPs had been authorized subsequent to our 2005 critical habitat designations (Washington Forest Practices, City of Portland-Bull Run Water Supply, City of Kent Water Supply) or were existing then but now determined to overlap with new habitat areas being considered for designation (J.L. Storedahl and Sons). All of them except one (City of Portland) requested that their lands be excluded from designation as critical habitat for these DPSs, and were of the opinion that exclusion would be a E:\FR\FM\14JAP2.SGM 14JAP2 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules benefit and enhance the partnership between NMFS and the HCP landowner. We also reviewed the activities covered by the HCPs, the protections afforded by the HCP agreement, and the Federal activities that are likely to occur on the affected lands (NMFS, 2012c). From this information we determined that the conservation benefits to the species from the HCPs outweigh the conservation benefits of designation and therefore are proposing to exclude HCP lands where the landowner requested exclusion. Exclusion Will Not Result in Extinction of the Species Section 4(b)(2) limits our discretion to exclude areas from designation if exclusion will result in extinction of the species. Since we have not recommended excluding any habitat areas based on economic impacts if the exclusion would significantly impede conservation, we have determined for each DPS that the exclusion of the areas we recommend based on economic impacts will not result in the extinction of either DPS. All areas proposed for exclusion are of low conservation value. Moreover, they comprise a small fraction—less than 5 percent—of all habitat areas considered for designation as critical habitat for either DPS. We also conclude that excluding Indian lands—and thereby furthering the federal government’s policy of promoting respect for tribal sovereignty and self-governance—will not result in extinction of either species. Habitat on Indian lands represents a small proportion of total area occupied by the Puget Sound steelhead DPS, and the Tribes are actively engaged in fisheries, habitat management, and species recovery programs that benefit steelhead and other salmonids. In addition, we conclude that excluding lands covered by several HCPs will not result in extinction of either species. These particular HCPs result in management actions that promote conservation of the listed species in a manner that is not available through the section 7 requirements regarding critical habitat. Excluding these HCP areas from designation is expected to enhance our relationship with the landowner and may provide an incentive to other landowners to seek conservation agreements with us. These outcomes will in turn generally benefit our recovery efforts to foster voluntary efforts on vast areas of nonfederal lands which make up a large proportion of each species’ range and will play a critical role in avoiding species extinction. In total, for Lower Columbia River coho we are proposing to designate 2,288 stream miles and exclude 1,065 stream miles, and for Puget Sound steelhead we are proposing to designate 1,880 stream miles and exclude 1,639 stream miles. For the following reasons, we conclude that these exclusions in combination will not result in the extinction of either DPS: (1) Except for exclusions due to economic impacts, there are no watersheds that are proposed for exclusion in their entirety. The most area excluded for any single watershed is the Puget Sound/East Passage watershed, with 70% proposed for exclusion due to the presence of HCPs. This area was rated as having a low conservation value; (2) although the extent of the exclusions overall is significant (nearly 50% of the critical habitat for Puget Sound steelhead and nearly 30% of the critical habitat for lower Columbia coho), and many of the areas excluded are of medium or high conservation value to the species, most of the exclusions are based on the presence of HCPs, which have a conservation benefit for the species. Also, the likely leverage to obtain significant conservation benefits from an ESA section 7 consultation is expected to be low for most areas. Because the presence of high quality forested habitat is key to salmon and steelhead recovery, the protections of the HCP, which all involve forested/ riparian lands, will have significant benefits over the long term as riparian forest habitat is developed. In addition, we believe that the HCP exclusions in particular may provide an incentive to other landowners to seek conservation agreements with us; (3) the few cases where an entire watershed was 2743 proposed for exclusion (due to economic impacts) all involved habitat areas that the Teams deemed to be of low conservation value; and (4) the proposed Indian land exclusions involve stream reaches that are already managed by the tribes for salmonid conservation. Critical Habitat Designations In previous salmonid critical habitat designations we identified the end-point of designated stream segments using latitude and longitude coordinates and provided maps depicting the designated areas (70 FR 52630, September 2, 2005). In May of 2012, we and the USFWS amended our regulations regarding critical habitat designation (77 FR 25611, May 1, 2012). The revised regulation provides that the boundaries of critical habitat as mapped or otherwise described in the Regulation Promulgation section of a rulemaking published in the Federal Register will be the official delineation of the designation (50 CFR 424.12). In this proposed designation we include both the latitude-longitude coordinates and maps to make it easier to compare the areas proposed for designation with overlapping areas designated for other salmon and steelhead DPSs in 2005 (70 FR 52630, September 2, 2005). Lower Columbia River Coho Salmon We are proposing to designate approximately 2,288 stream miles (3,681 km) within the geographical area presently occupied by the lower Columbia River coho DPS (see Table 1). Other ESA-listed species in this area with designated critical habitat include lower Columbia River Chinook and steelhead, Columbia River chum (70 FR 52630, September 2, 2005), bull trout (75 FR 63898, October 18, 2010), green sturgeon (74 FR 52300, October 9, 2009), and the Southern DPS of Pacific eulachon (76 FR 65324, October 20, 2011). Also, the mainstem lower Columbia River is designated critical habitat for numerous other salmon and steelhead DPSs whose spawning range is upstream of the area presently occupied by lower Columbia River coho (70 FR 52630, September 2, 2005). srobinson on DSK4SPTVN1PROD with TABLE 1—APPROXIMATE QUANTITY OF HABITAT AND OWNERSHIP WITHIN WATERSHEDS CONTAINING HABITAT AREAS PROPOSED FOR DESIGNATION AS CRITICAL HABITAT FOR LOWER COLUMBIA RIVER COHO SALMON Land ownership type (percent) Streams and lakes mi (km) Federal Tribal State Private 14.6 0 2.0 83.4 2,288 (3,681) ................................................................................................... VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\14JAP2.SGM 14JAP2 2744 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules The areas proposed for designation are all occupied and contain physical and biological features essential to the conservation of the species and that may require special management considerations or protection. No unoccupied areas were identified that are considered essential for the conservation of the species, but several areas above Condit Dam on the White Salmon River may warrant consideration in the future. There are 55 watersheds within the range of this DPS. Three watersheds received a low conservation value rating, 18 received a medium rating, and 34 received a high rating (NMFS 2012a). The lower Columbia River rearing/migration corridor downstream of the spawning range is considered to have a high conservation value. As a result of the balancing process for economic impacts described above, we are proposing to exclude from the designation all or portions of 28 watersheds listed in Table 2. Of the habitat areas eligible for designation, approximately 27 stream miles (43 km) or 0.8 percent are being proposed for exclusion because the economic benefits of exclusion outweigh the benefits of designation. Also, we are proposing to exclude approximately 1,038 stream miles (1,671 km) covered by four HCPs (J.L. Storedahl and Sons HCP, Washington Department of Natural Resources—West of Cascades HCP, Washington Forest Practices HCP, and West Fork Timber HCP) because the benefits of exclusion outweigh the benefits of designation. None of the HCP exclusions overlap with areas also proposed for exclusion due to economic impacts. Total potential estimated economic impact, with no exclusions, would be $357,815. The proposed economic-related exclusions identified in Table 2 would reduce the total estimated economic impact approximately 4 percent to $344,315 (NMFS, 2012b). TABLE 2—HABITAT AREAS WITHIN THE GEOGRAPHICAL RANGE OF LOWER COLUMBIA RIVER COHO SALMON AND PROPOSED FOR EXCLUSION FROM CRITICAL HABITAT [WDNR = Washington Department of Natural Resources; WFP = Washington Forest Practices] Watershed code 1707010509 1707010511 1707010512 1707010513 1708000106 1708000107 1708000109 1708000201 1708000202 1708000203 1708000204 1708000205 1708000206 1708000301 1708000304 1708000305 1708000402 1708000403 1708000405 1708000501 1708000502 1708000503 1708000504 1708000506 1708000507 1708000508 1708000603 1709000704 ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. Watershed name Area(s) proposed for exclusion Wind River ................................................................................. Wind River ................................................................................. Middle Columbia/Grays Creek .................................................. Middle Columbia/Eagle Creek .................................................. Washougal River ....................................................................... Columbia River Gorge Tributaries ............................................ Salmon Creek ........................................................................... Upper Lewis River ..................................................................... Muddy River .............................................................................. Swift Reservoir .......................................................................... Yale Reservoir ........................................................................... East Fork Lewis River ............................................................... Lower Lewis River ..................................................................... Kalama River ............................................................................. Germany/Abernathy .................................................................. Skamokawa/Elochoman ............................................................ Upper Cowlitz River .................................................................. Cowlitz Valley Frontal ............................................................... Lower Cispus River ................................................................... Tilton River ................................................................................ Riffe Reservoir .......................................................................... Jackson Prairie .......................................................................... North Fork Toutle River ............................................................ South Fork Toutle River ............................................................ East Willapa .............................................................................. Coweeman ................................................................................ Grays Bay ................................................................................. Abernethy Creek ....................................................................... Puget Sound Steelhead We are proposing to designate approximately 1,880 stream miles (3,026 km) within the geographical area presently occupied by the Puget Sound steelhead DPS (see Table 3). Other ESAlisted salmonids in this area with designated critical habitat include Puget WFP HCP lands. WDNR and WFP HCP lands. WFP HCP lands. WFP HCP lands. WDNR and WFP HCP lands. WDNR and WFP HCP lands. WDNR and WFP HCP lands. WFP HCP lands. WFP HCP lands. WDNR and WFP HCP lands. WDNR and WFP HCP lands. WDNR, WFP, and Storedahl HCP lands. WDNR and WFP HCP lands. WDNR and WFP HCP lands. WDNR and WFP HCP lands. WDNR and WFP HCP lands. WDNR and WFP HCP lands. WDNR, WFP, and WFT HCP lands. WFP HCP lands. WDNR, WFP, and WFT HCP lands. WDNR and WFP HCP lands. WDNR and WFP HCP lands. WDNR and WFP HCP lands. WFP HCP lands. WDNR and WFP HCP lands. WDNR and WFP HCP lands. WDNR and WFP HCP lands. Entire watershed due to economic impacts. Sound Chinook, Hood Canal summerrun chum (70 FR 52630, September 2, 2005), and bull trout (75 FR 63898, October 18, 2010). TABLE 3—APPROXIMATE QUANTITY OF HABITAT AND OWNERSHIP WITHIN WATERSHEDS CONTAINING HABITAT AREAS PROPOSED FOR DESIGNATION AS CRITICAL HABITAT FOR PUGET SOUND STEELHEAD Land ownership type (percent) Streams mi (km) srobinson on DSK4SPTVN1PROD with Federal Tribal State Private 15.5 0 3.8 80.7 1,880 (3,026) ................................................................................................... VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\14JAP2.SGM 14JAP2 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules Most of the areas proposed for designation are occupied and contain physical and biological features essential to the conservation of the species and that may require special management considerations or protection. One unoccupied area in the upper Elwha River watershed was identified as essential for the conservation of the species and is being proposed for designation as critical habitat. There are 66 watersheds within the range of this DPS. Nine watersheds received a low conservation value rating, 16 received a medium rating, and 41 received a high rating to the DPS (NMFS, 2012a). Approximately 28 stream miles (45 km) are not proposed for designation because they are within lands controlled by the military that contain qualifying INRMPs. Approximately 68 miles (109 km) of stream are within the boundaries of Indian reservations, but only those reaches defined as Indian lands (see Government-to-Government Relationship With Tribes) are proposed for exclusion. Also, we are proposing to exclude approximately 1,434 miles (2,307 km) of stream covered by four HCPs (City of Kent, Green Diamond, Washington Department of Natural Resources—West of Cascades HCP, and Washington Forest Practices HCP) because the benefits of exclusion outweigh the benefits of designation. As a result of the balancing process for economic impacts described above, the Secretary is proposing to exclude from the designation all or portions of the 60 2745 watersheds listed in Table 4. Of the habitat areas eligible for designation, approximately 138 stream miles (262 km) or 3.9 percent are being proposed for exclusion because the economic benefits of exclusion outweigh the benefits of designation. Only a small amount (24 stream miles (39 km)) proposed for exclusion due to economic impacts overlap with areas also proposed for exclusion as HCP lands or Indian lands. Total potential estimated economic impact, with no exclusions, would be $460,924. The proposed economic-related exclusions identified in Table 4 would reduce the total estimated economic impact approximately 29 percent to $326,966 (NMFS, 2012c). TABLE 4—HABITAT AREAS WITHIN THE GEOGRAPHICAL RANGE OF PUGET SOUND STEELHEAD AND PROPOSED FOR EXCLUSION FROM CRITICAL HABITAT [WDNR = Washington Department of Natural Resources; WFP = Washington Forest Practices] Watershed code Watershed name Area(s) proposed for exclusion ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. Bellingham Bay ......................................................................... Samish River ............................................................................. Birch Bay ................................................................................... Upper North Fork Nooksack River ............................................ Middle Fork Nooksack River ..................................................... South Fork Nooksack River ...................................................... Lower North Fork Nooksack River ............................................ Nooksack River ......................................................................... Skagit River/Gorge Lake ........................................................... Skagit River/Diobsud Creek ...................................................... Cascade River ........................................................................... Skagit River/Illabot Creek ......................................................... Baker River ............................................................................... Upper Sauk River ...................................................................... Lower Suiattle River .................................................................. Lower Sauk River ...................................................................... Middle Skagit River/Finney Creek ............................................ Lower Skagit River/Nookachamps Creek ................................. North Fork Stillaguamish River ................................................. South Fork Stillaguamish River ................................................ Lower Stillaguamish River ........................................................ Tye and Beckler Rivers ............................................................. Skykomish River Forks ............................................................. Skykomish River/Wallace River ................................................ Sultan River ............................................................................... Skykomish River/Woods Creek ................................................ Middle Fork Snoqualmie River .................................................. Lower Snoqualmie River ........................................................... Pilchuck River ........................................................................... Snohomish River ....................................................................... Cedar River ............................................................................... Lake Sammamish ..................................................................... 1711001203 ............................. 1711001204 ............................. Lake Washington ...................................................................... Sammamish River ..................................................................... 1711001301 1711001302 1711001401 1711001402 1711001403 1711001405 1711001502 1711001503 1711001601 1711001602 ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. Upper Green River .................................................................... Middle Green River ................................................................... Upper White River ..................................................................... Lower White River ..................................................................... Carbon River ............................................................................. Lower Puyallup River ................................................................ Mashel/Ohop ............................................................................. Lowland ..................................................................................... Prairie 1 ..................................................................................... Prairie 2 ..................................................................................... WDNR and WFP HCP lands. WDNR and WFP HCP lands. WFP HCP lands. WDNR and WFP HCP lands. WDNR and WFP HCP lands. Indian lands and WDNR and WFP HCP lands. Indian lands and WDNR and WFP HCP lands. Indian lands and WDNR and WFP HCP lands. WFP HCP lands. WDNR and WFP HCP lands. WDNR and WFP HCP lands. WDNR and WFP HCP lands. WFP HCP lands. WFP HCP lands. WDNR and WFP HCP lands. Indian lands and WDNR and WFP HCP lands. WDNR and WFP HCP lands. WDNR and WFP HCP lands. WDNR and WFP HCP lands. WDNR and WFP HCP lands and DOD lands. WDNR and WFP HCP lands. WDNR and WFP HCP lands. WDNR and WFP HCP lands. WDNR and WFP HCP lands. WDNR and WFP HCP lands. WDNR and WFP HCP lands. WDNR and WFP HCP lands. WDNR and WFP HCP lands. WDNR and WFP HCP lands. Indian lands and WDNR and WFP HCP lands. WDNR and City of Kent HCP lands. Entire watershed due to economic impacts (including WDNR and WFP HCP lands). Entire watershed due to economic impacts. Entire watershed due to economic impacts (including WDNR and WFP HCP lands). WFP HCP lands. WDNR HCP lands. WDNR and WFP HCP lands. Indian lands and WFP HCP lands. WDNR and WFP HCP lands. Indian lands and WFP HCP lands. WDNR and WFP HCP lands. Indian lands, DOD lands, and WFP HCP lands. WFP HCP lands. WFP HCP lands. VerDate Mar<15>2010 17:31 Jan 11, 2013 srobinson on DSK4SPTVN1PROD with 1711000201 1711000202 1711000204 1711000401 1711000402 1711000403 1711000404 1711000405 1711000504 1711000505 1711000506 1711000507 1711000508 1711000601 1711000603 1711000604 1711000701 1711000702 1711000801 1711000802 1711000803 1711000901 1711000902 1711000903 1711000904 1711000905 1711001003 1711001004 1711001101 1711001102 1711001201 1711001202 Jkt 229001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\14JAP2.SGM 14JAP2 2746 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules TABLE 4—HABITAT AREAS WITHIN THE GEOGRAPHICAL RANGE OF PUGET SOUND STEELHEAD AND PROPOSED FOR EXCLUSION FROM CRITICAL HABITAT—Continued [WDNR = Washington Department of Natural Resources; WFP = Washington Forest Practices] Watershed code Watershed name Area(s) proposed for exclusion 1711001701 ............................. Skokomish River ....................................................................... 1711001802 1711001804 1711001806 1711001807 1711001808 1711001900 ............................. ............................. ............................. ............................. ............................. ............................. Lower West Hood Canal Frontal .............................................. Duckabush River ....................................................................... Big Quilcene River .................................................................... Upper West Hood Canal Frontal .............................................. West Kitsap ............................................................................... Kennedy/Goldsborough ............................................................. 1711001901 1711001902 1711001906 1711001908 1711002001 1711002002 1711002003 1711002004 1711002007 ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. Puget ......................................................................................... Prairie 3 ..................................................................................... Chambers Creek ....................................................................... Port Ludlow/Chimacum Creek .................................................. Discovery Bay ........................................................................... Sequim Bay ............................................................................... Dungeness River ....................................................................... Port Angeles Harbor ................................................................. Elwha River ............................................................................... Indian lands and WFP and Green Diamond HCP lands. WDNR and WFP HCP lands. WDNR and WFP HCP lands. WDNR and WFP HCP lands. WDNR and WFP HCP lands and DOD lands. WDNR and WFP HCP lands. Indian lands and WDNR and WFP, and Green Diamond HCP lands. WDNR and WFP HCP lands. WDNR and WFP HCP lands. DOD Lands. WDNR and WFP HCP lands. WDNR and WFP HCP lands. Indian lands and WDNR and WFP HCP lands. WDNR and WFP HCP lands. WDNR and WFP HCP lands. Indian lands and WDNR and WFP HCP lands. srobinson on DSK4SPTVN1PROD with Lateral Extent of Critical Habitat In past designations we have described the lateral extent of critical habitat in various ways ranging from fixed distances to ‘‘functional’’ zones defined by important riparian functions (65 FR 7764, February 16, 2000). Designating a set riparian zone width will (in some places) accurately reflect the distance from the stream on which PCEs might be found, but in other cases may over- or understate the distance. Designating a functional buffer avoids that problem, but makes it difficult for Federal agencies to know in advance what areas are critical habitat. To address these issues we are proposing to define the lateral extent of designated critical habitat as the width of the stream channel defined by the ordinary high water line as defined by the U.S. Army Corps of Engineers in 33 CFR 329.11. In areas for which ordinary high-water has not been defined pursuant to 33 CFR 329.11, the width of the stream channel shall be defined by its bankfull elevation. Bankfull elevation is the level at which water begins to leave the channel and move into the floodplain (Rosgen, 1996) and is reached at a discharge which generally has a recurrence interval of 1 to 2 years on the annual flood series (Leopold et al., 1992). Such an interval is commensurate with nearly all of the juvenile freshwater life phases of most salmon and steelhead DPSs. Therefore, it is reasonable to assert that for an occupied stream reach this lateral extent is regularly ‘‘occupied.’’ Moreover, the bankfull elevation can be readily discerned for a variety of stream reaches and stream types using recognizable VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 water lines (e.g., marks on rocks) or vegetation boundaries (Rosgen, 1996). Since 2005 this has proven to be a successful approach for defining the lateral extent of critical habitat for West Coast salmon and steelhead (70 FR 52630, September 2, 2005); therefore, we propose to continue the practice in this proposed rule. As underscored in previous critical habitat designations, the quality of aquatic habitat within stream channels is intrinsically related to the adjacent riparian zones and floodplain, to surrounding wetlands and uplands, and to non-fish-bearing streams above occupied stream reaches. Human activities that occur outside the stream or designated critical habitat can modify or destroy physical and biological features of the stream. In addition, human activities that occur within and adjacent to reaches upstream (e.g., road failures) or downstream (e.g., dams) of designated stream reaches can also have demonstrable effects on physical and biological features of designated reaches. This designation will help to ensure that Federal agencies are aware of these important habitat linkages for lower Columbia River coho and Puget Sound steelhead. In the few cases where we are proposing to designate lakes/reservoirs as critical habitat, the lateral extent may best be defined as the perimeter of the water body as displayed on standard 1:24,000 scale topographic maps or the elevation of ordinary high water, whichever is greater. Effects of Critical Habitat Designation Section 7(a)(2) of the ESA requires Federal agencies to insure that any PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 action authorized, funded, or carried out by the agency (agency action) does not jeopardize the continued existence of any threatened or endangered species or destroy or adversely modify designated critical habitat. Federal agencies are also required to confer with us regarding any actions likely to jeopardize a species proposed for listing under the ESA, or likely to destroy or adversely modify proposed critical habitat, pursuant to section 7(a)(4). A conference involves informal discussions in which we may recommend conservation measures to minimize or avoid adverse effects. The discussions and conservation recommendations are to be documented in a conference report provided to the Federal agency. If requested by the Federal agency, a formal conference report may be issued (including a biological opinion prepared according to 50 CFR 402.14). A formal conference report may be adopted as the biological opinion when the species is listed or critical habitat designated, if no significant new information or changes to the action alter the content of the opinion. When a species is listed or critical habitat is designated, Federal agencies must consult with NMFS on any agency actions to be conducted in an area where the species is present and that may affect the species or its critical habitat. During the consultation, we would evaluate the agency action to determine whether the action may adversely affect listed species or critical habitat and issue our findings in a biological opinion or concurrence letter. If we conclude in the biological opinion that the agency action would likely result in the destruction or adverse E:\FR\FM\14JAP2.SGM 14JAP2 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules srobinson on DSK4SPTVN1PROD with modification of critical habitat, we would also recommend any reasonable and prudent alternatives to the action. Reasonable and prudent alternatives (defined in 50 CFR 402.02) are alternative actions identified during formal consultation that can be implemented in a manner consistent with the intended purpose of the action, that are consistent with the scope of the Federal agency’s legal authority and jurisdiction, that are economically and technologically feasible, and that would avoid the destruction or adverse modification of critical habitat. Regulations at 50 CFR 402.16 require Federal agencies that have retained discretionary involvement or control over an action, or where such discretionary involvement or control is authorized by law, to reinitiate consultation on previously reviewed actions in instances where: (1) Critical habitat is subsequently designated; or (2) new information or changes to the action may result in effects to critical habitat not previously considered in the biological opinion. Consequently, some Federal agencies may request reinitiation of a consultation or conference with us on actions for which formal consultation has been completed, if those actions may affect designated critical habitat or adversely modify or destroy proposed critical habitat. Activities subject to the ESA section 7 consultation process include activities on Federal lands and activities on private or state lands requiring a permit from a Federal agency (e.g., a Clean Water Act, Section 404 dredge or fill permit from U.S. Army Corps of Engineers) or some other Federal action, including funding (e.g., Federal Highway Administration funding for transportation projects). ESA section 7 consultation would not be required for Federal actions that do not affect listed species or critical habitat and for actions on non-Federal and private lands that are not Federally funded, authorized, or carried out. Activities That May Be Affected by Critical Habitat Designation ESA section 4(b)(8) requires in any proposed or final regulation to designate critical habitat an evaluation and brief description of those activities (whether public or private) that may adversely modify such habitat or that may be affected by such designation. A wide variety of activities may affect the proposed critical habitat and may be subject to the ESA section 7 consultation process when carried out, funded, or authorized by a Federal agency. These include water and land management actions of Federal agencies VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 (e.g., U.S. Forest Service (USFS)), Bureau of Land Management (BLM), U.S. Army Corps of Engineers (USACE), U.S. Bureau of Reclamation (BOR), Natural Resource Conservation Service, National Park Service (NPS), Bureau of Indian Affairs (BIA), the Federal Energy Regulatory Commission (FERC), and the Nuclear Regulatory Commission (NRC)) and related or similar Federallyregulated projects and activities on Federal lands, including hydropower sites licensed by the FERC; nuclear power sites licensed by the NRC; dams built or operated by the USACE or BOR; timber sales and other vegetation management activities conducted by the USFS, BLM and BIA; irrigation diversions authorized by the USFS and BLM; and road building and maintenance activities authorized by the USFS, BLM, NPS, and BIA. Other actions of concern include dredging and filling, mining, diking, and bank stabilization activities authorized or conducted by the USACE, habitat modifications authorized by the Federal Emergency Management Agency, and approval of water quality standards and pesticide labeling and use restrictions administered by the Environmental Protection Agency. Private entities may also be affected by these proposed critical habitat designations if a Federal permit is required, if Federal funding is received, or the entity is involved in or receives benefits from a Federal project. For example, private entities may have special use permits to convey water or build access roads across Federal land; they may require Federal permits to construct irrigation withdrawal facilities, or build or repair docks; they may obtain water from Federally funded and operated irrigation projects; or they may apply pesticides that are only available with Federal agency approval. These activities will need to be evaluated with respect to their potential to destroy or adversely modify critical habitat for lower Columbia River coho and Puget Sound steelhead. Changes to some activities, such as the operations of dams and dredging activities, may be necessary to minimize or avoid destruction or adverse modification of proposed critical habitat. Transportation and utilities sectors may need to modify the placement of culverts, bridges, and utility conveyances (e.g., water, sewer, and power lines) to avoid barriers to fish migration. Developments (e.g., marinas, residential, or industrial facilities) occurring in or near streams, estuaries, or marine waters designated as critical habitat that require Federal authorization or funding may need to be PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 2747 altered or built in a manner to ensure that critical habitat is not destroyed or adversely modified as a result of the construction or subsequent operation of the facility. Questions regarding whether specific activities will constitute destruction or adverse modification of critical habitat should be directed to NMFS (see ADDRESSES and FOR FURTHER INFORMATION CONTACT). Public Comments Solicited We solicit comments or suggestions from the public, other concerned governments and agencies, the scientific community, industry, non-governmental organizations, or any other interested party concerning the proposed designations and exclusions as well as the documents supporting this rulemaking. We are particularly interested in comments and information in the following areas: (1) Information describing the abundance, distribution, and habitat use of lower Columbia River coho and Puget Sound steelhead; (2) information on the identification, location, and the quality of physical or biological features which may be essential to the conservation of the species; (3) information regarding potential benefits of designating any particular area as critical habitat, including information on the types of Federal actions that may affect the area’s physical and biological features; (4) information regarding potential impacts of designating any particular area, including the types of Federal actions that may trigger an ESA section 7 consultation and the possible modifications that may be required of those activities; (5) information regarding the benefits of excluding a particular area from critical habitat, including areas covered by an existing HCP; (6) current or planned activities in the areas proposed as critical habitat and costs of potential modifications to those activities due to critical habitat designation; (7) whether specific unoccupied areas (e.g., stream reaches above Condit Dam on the White Salmon River, Washington) not presently proposed for designation are or may be essential to the conservation of these DPSs; and (8) any foreseeable economic, national security, or other relevant impact resulting from the proposed designations. You may submit your comments and materials concerning this proposal by any one of several methods (see ADDRESSES). Copies of the proposed rule and supporting documentation can be found on the NMFS Web site https:// www.nwr.noaa.gov. We will consider all comments pertaining to these designations received during the E:\FR\FM\14JAP2.SGM 14JAP2 2748 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules as practicable during or after the comment period but in advance of a final rule. Public Hearings Agency regulations at 50 CFR 424.16(c)(3) require the Secretary to promptly hold at least one public hearing if any person requests one within 45 days of publication of a proposed rule to designate critical habitat. Such hearings provide the opportunity for interested individuals and parties to give comments, exchange information and opinions, and engage in a constructive dialogue concerning this proposed rule. We encourage the public’s involvement in such ESA matters. Requests for a public hearing(s) must be made in writing (see ADDRESSES) by February 28, 2013. srobinson on DSK4SPTVN1PROD with comment period in preparing the final rule. Accordingly, the final decision may differ from this proposed rule. Classification Information Quality Act and Peer Review The data and analyses supporting this proposed action have undergone a predissemination review and have been determined to be in compliance with applicable information quality guidelines implementing the Information Quality Act (IQA) (Section 515 of Pub. L. 106–554). In December 2004, the Office of Management and Budget (OMB) issued a Final Information Quality Bulletin for Peer Review pursuant to the IQA. The Bulletin was published in the Federal Register on January 14, 2005 (70 FR 2664). The Bulletin established minimum peer review standards, a transparent process for public disclosure of peer review planning, and opportunities for public participation with regard to certain types of information disseminated by the Federal Government. The peer review requirements of the OMB Bulletin apply to influential or highly influential scientific information disseminated on or after June 16, 2005. Two documents supporting these critical habitat proposals are considered influential scientific information and subject to peer review. These documents are the draft Biological Report (NMFS, 2012a) and draft Economic Analysis (NMFS, 2012b). We will distribute these documents for independent peer review and will address any comments received in developing the final drafts of the two reports. Both documents are available on our Web site at https:// www.nwr.noaa.gov, on the Federal eRulemaking Web site at https:// www.regulations.gov, or upon request (see ADDRESSES). We will announce the availability of comments received from peer reviewers and the public and make them available via our Web site as soon VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 Regulatory Flexibility Act (5 U.S.C. 601 et seq.) Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act of 1996), whenever an agency publishes a notice of rulemaking for any proposed or final rule, it must prepare and make available for public comment a regulatory flexibility analysis describing the effects of the rule on small entities (i.e., small businesses, small organizations, and small government jurisdictions). We have prepared an initial regulatory flexibility analysis, which is part of the draft economic analysis (NMFS 2012b). This document is available upon request (see ADDRESSES), via our Web site at https://nwr.noaa.gov, or via the Federal eRulemaking Web site at https:// www.regulations.gov. The results of the initial regulatory flexibility analysis are summarized below. The impacts to small businesses were assessed for the following broad categories of activities: hydropower, development, in-stream work, water supply, Federal lands management, transportation, utilities, mining, and other activities (including water, sewer, and oil/gas pipeline construction). We used the size standards for small entities established by the Small Business Administration for each activity type. Of all of the potentially affected entities, 89 percent are classified as likely to be ‘‘small’’ under the applicable SBA size standards. Total annualized impacts to small entities as a result of this rule are estimated to be $209,000 (approximately 58.4 percent of total incremental impacts) if all habitat areas assessed for lower Columbia River coho were designated as critical habitat. Total annualized impacts to small entities are estimated to be $298,000 (approximately 64.6 percent of total incremental impacts) if all habitat areas assessed for Puget Sound steelhead were designated as critical habitat. We estimated the annualized costs associated with ESA section 7 consultations incurred per small business under two different scenarios. These scenarios are intended to provide a measure of uncertainty regarding the number of small entities that may be affected by the designations. Under Scenario 1, this analysis estimates the number of small entities located within areas assessed for proposed designation (approximately 5,381 for lower PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 Columbia River coho, and 12,758 for Puget Sound steelhead), and assumes that incremental impacts are distributed evenly across all entities in each affected industry. Under this scenario, for lower Columbia River coho, a small entity may bear costs of between $2 and $3,430, representing between less than 0.01 and 0.11 percent of average annual revenues (depending on the industry). For Puget Sound steelhead, a small entity may bear costs of between less than $1 and $1,260, representing between less than 0.01 and 0.04 percent of average annual revenues (depending on the industry). Under scenario 2, this analysis assumes costs of each anticipated future consultation will be borne by a distinct small business (approximately 55 entities for lower Columbia River coho, and 117 for Puget Sound steelhead). Under this scenario, in areas assessed for lower Columbia River coho critical habitat, each small entity may bear costs of between $1,150 and $31,000, representing between <0.01 and 0.46 percent of average annual revenues, depending on the industry. In areas assessed for Puget Sound steelhead critical habitat, each small entity may bear costs of between $510 and $5,930, representing between <0.01 and 0.16 percent of average annual revenues, depending on the industry. In accordance with the requirements of the Regulatory Flexibility Act (as amended by the Small Business Regulatory Enforcement Fairness Act of 1996) this analysis considered various alternatives to the critical habitat designations for these DPSs. The alternative of not designating critical habitat for these DPSs was considered and rejected, because such an approach does not meet the legal requirements of the ESA. We also examined and rejected an alternative in which all the potential critical habitat for these two DPSs is proposed for designation (i.e., no areas are excluded) because some of the areas considered to have a low conservation value also had relatively high economic impacts that might be mitigated by excluding those areas from designation. A third alternative we examined and rejected would have excluded all habitat areas with a low or medium conservation value. While this alternative furthers the goal of reducing economic impacts, it is not sensitive to the fact that for both of these DPSs, eliminating all habitat areas with low and medium conservation value is likely to significantly impede conservation. Moreover, for some habitat areas the incremental economic benefit from excluding that area is relatively small or zero. Therefore, after E:\FR\FM\14JAP2.SGM 14JAP2 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules considering these alternatives in the context of the section 4(b)(2) process of weighing benefits of exclusion against benefits of designation, we determined that the current proposal for designating critical habitat (i.e., designating some but not all areas with low or medium conservation value) provides an appropriate balance of conservation and economic mitigation and that excluding the areas identified in this proposed rulemaking would not result in extinction of the DPSs, as required by the ESA. Executive Order 12866 This proposed rule has been determined to be not significant under Executive Order 12866. srobinson on DSK4SPTVN1PROD with Executive Order 13211 On May 18, 2001, the President issued an executive order on regulations that significantly affect energy supply, distribution, and use. Executive Order 13211 requires agencies to prepare Statements of Energy Effects when undertaking any action that promulgates or is expected to lead to the promulgation of a final rule or regulation that (1) is a significant regulatory action under Executive Order 12866 and (2) is likely to have a significant adverse effect on the supply, distribution, or use of energy. We have considered the potential impacts of this action on the supply, distribution, or use of energy and find the designation of critical habitat will not have impacts that exceed the thresholds identified above (NMFS, 2012b). Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.) In accordance with the Unfunded Mandates Reform Act, NMFS makes the following findings: (a) This proposed rule will not produce a Federal mandate. In general, a Federal mandate is a provision in legislation, statute or regulation that would impose an enforceable duty upon state, local, tribal governments, or the private sector and includes both ‘‘Federal intergovernmental mandates’’ and ‘‘Federal private sector mandates.’’ These terms are defined in 2 U.S.C. 658(5)–(7). ‘‘Federal intergovernmental mandate’’ includes a regulation that ‘‘would impose an enforceable duty upon State, local, or tribal governments’’ with two exceptions. It excludes ‘‘a condition of Federal assistance.’’ It also excludes ‘‘a duty arising from participation in a voluntary Federal program,’’ unless the regulation ‘‘relates to a then-existing Federal program under which $500,000,000 or more is VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 provided annually to state, local, and tribal governments under entitlement authority,’’ if the provision would ‘‘increase the stringency of conditions of assistance’’ or ‘‘place caps upon, or otherwise decrease, the Federal Government’s responsibility to provide funding’’ and the state, local, or tribal governments ‘‘lack authority’’ to adjust accordingly. (At the time of enactment, these entitlement programs were: Medicaid; Aid to Families with Dependent Children work programs; Child Nutrition; Food Stamps; Social Services Block Grants; Vocational Rehabilitation State Grants; Foster Care, Adoption Assistance, and Independent Living; Family Support Welfare Services; and Child Support Enforcement.) ‘‘Federal private sector mandate’’ includes a regulation that ‘‘would impose an enforceable duty upon the private sector, except (i) a condition of Federal assistance; or (ii) a duty arising from participation in a voluntary Federal program.’’ The designation of critical habitat does not impose a legally binding duty on non-Federal government entities or private parties. Under the ESA, the only regulatory effect is that Federal agencies must ensure that their actions do not destroy or adversely modify critical habitat under section 7. While non-Federal entities which receive Federal funding, assistance, permits or otherwise require approval or authorization from a Federal agency for an action may be indirectly impacted by the designation of critical habitat, the legally binding duty to avoid destruction or adverse modification of critical habitat rests squarely on the Federal agency. Furthermore, to the extent that nonFederal entities are indirectly impacted because they receive Federal assistance or participate in a voluntary Federal aid program, the Unfunded Mandates Reform Act would not apply; nor would critical habitat shift the costs of the large entitlement programs listed above to state governments. (b) Due to the existing protection afforded to the proposed critical habitat from existing critical habitat for salmon and steelhead (70 FR 52630, September 2, 2005), Southern DPS of green sturgeon (74 FR 52300, October 9, 2009), bull trout (70 FR 56212, September 26, 2005), and the Southern DPS of Pacific eulachon (76 FR 65324, October 20, 2011), we do not anticipate that this proposed rule will significantly or uniquely affect small governments. As such, a Small Government Agency Plan is not required. PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 2749 Takings Under Executive Order 12630, Federal agencies must consider the effects of their actions on constitutionally protected private property rights and avoid unnecessary takings of property. A taking of property includes actions that result in physical invasion or occupancy of private property, and regulations imposed on private property that substantially affect its value or use. In accordance with Executive Order 12630, this proposed rule does not have significant takings implications, and a takings implication assessment is not required. The designation of critical habitat affects only Federal agency actions. We do not expect the proposed critical habitat designations will impose additional burdens on land use or affect property values. Additionally, the proposed critical habitat designations do not preclude the development of Habitat Conservation Plans and issuance of incidental take permits for nonFederal actions. Owners of areas included within the proposed critical habitat designations will continue to have the opportunity to use their property in ways consistent with the survival of listed salmon and steelhead. Federalism In accordance with Executive Order 13132, we determined that this proposed rule does not have significant Federalism effects and that a Federalism assessment is not required. In keeping with Department of Commerce policies, we request information from, and will coordinate development of these proposed critical habitat designations with, appropriate state resource agencies in Oregon and Washington. The proposed designations may have some benefit to state and local resource agencies in that the areas essential to the conservation of the species are more clearly defined, and the essential features of the habitat necessary for the survival of the subject DPSs are specifically identified. It may also assist local governments in long-range planning (rather than waiting for caseby-case ESA section 7 consultations to occur). Government-to-Government Relationship With Tribes Pursuant to Executive Order 13175 and Secretarial Order 3206, we contacted the affected Indian Tribes when considering the designation of critical habitat in an area that may impact tribal trust resources, tribally owned fee lands or the exercise of tribal rights. All of the responding tribes expressed concern about the intrusion E:\FR\FM\14JAP2.SGM 14JAP2 2750 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules into tribal sovereignty that critical habitat designation represents. These concerns are consistent with previous responses from tribes when we developed critical habitat designations for salmon and steelhead in 2005 (70 FR 52630, September 2, 2005). The Secretarial Order defines Indian lands as ‘‘any lands title to which is either: (1) Held in trust by the United States for the benefit of any Indian tribe or (2) held by an Indian Tribe or individual subject to restrictions by the United States against alienation.’’ Our conversations with the tribes indicate that they view the designation of Indian lands as an unwanted intrusion into tribal selfgovernance, compromising the government-to-government relationship that is essential to achieving our mutual goal of conserving threatened and endangered salmonids. For the general reasons described in the Other Relevant Impacts—Impacts to Tribal Sovereignty and Self-Governance section above, the draft ESA 4(b)(2) analysis has led us to propose the exclusion of all Indian lands in our proposed designations for lower Columbia River coho and Puget Sound steelhead. Consistent with other proposed exclusions, any exclusion in the final rule will be made only after consideration of all comments received. Civil Justice Reform The Department of Commerce has determined that this proposed rule does not unduly burden the judicial system and meets the requirements of sections 3(a) and 3(b)(2) of Executive Order 12988. We are proposing to designate critical habitat in accordance with the provisions of the ESA. This proposed rule uses standard property descriptions and identifies the essential features within the designated areas to assist the public in understanding the habitat needs of lower Columbia River coho and Puget Sound steelhead. Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) This proposed rule does not contain new or revised information collection requirements for which Office of Management and Budget (OMB) approval is required under the Paperwork Reduction Act (PRA). This proposed rule will not impose recordkeeping or reporting requirements on state or local governments, individuals, businesses, or organizations. Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB Control Number. National Environmental Policy Act of 1969 (NEPA) We have determined that an environmental analysis as provided for under NEPA is not required for critical habitat designations made pursuant to the ESA. See Douglas County v. Babbitt, 48 F.3d 1495 (9th Cir. 1995), cert. denied, 116 S.Ct. 698 (1996). Coastal Zone Management Act Section 307(c)(1) of the Federal Coastal Zone Management Act of 1972 (16 U.S.C. 1456) requires that all Federal activities that affect the land or water use or natural resource of the coastal zone be consistent with approved state coastal zone management programs to the maximum extent practicable. We have determined that these proposed designations of critical habitat are consistent to the maximum extent practicable with the enforceable policies of approved Coastal Zone Management Programs of Oregon and Washington. The determination will be submitted for review by the responsible agencies in the aforementioned states. References Cited A complete list of all references cited in this rulemaking can be found on our Web site at https://www.nwr.noaa.gov/ and is available upon request from the NMFS office in Portland, Oregon (see ADDRESSES). List of Subjects in 50 CFR Part 226 Endangered and threatened species. Dated: January 3, 2012. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, performing the functions and duties of the Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, we propose to amend part srobinson on DSK4SPTVN1PROD with DPS 17:31 Jan 11, 2013 PART 226—DESIGNATED CRITICAL HABITAT 1. The authority citation of part 226 continues to read as follows: ■ Authority: 16 U.S.C. 1533. 2. In § 226.212, (a) Revise the section heading and introductory text; ■ (b) Revise paragraph (a) introductory text and add paragraphs (a)(14) and (a)(15); ■ (c) Revise paragraph (c) introductory text; ■ (d) Revise paragraphs (e)(9), (e)(23) and (e)(24) and add paragraph (e)(25); ■ (e) Revise paragraph (f) introductory text; ■ (f) Add paragraphs (f)(1), (f)(2), (f)(5) and (f)(6); ■ (g) Redesignate paragraphs (g) and (h) as paragraphs (f)(3) and (f)(4); ■ (h) Revise newly redesignated paragraphs (f)(3) and (f)(4) to read as follows; ■ (i) Redesignate paragraphs (i) through (u) as paragraphs (g) through (s); and ■ (j) Add paragraphs (t) and (u): The revisions and additions read as follows: ■ ■ § 226.212 Critical habitat for 15 Distinct Population Segments (DPSs) of salmon and steelhead (Oncorhynchus spp.) in Washington, Oregon and Idaho. Critical habitat is designated in the following states and counties for the following DPSs as described in paragraph (a) of this section, and as further described in paragraphs (b) through (g) of this section. The textual descriptions of critical habitat for each DPS are included in paragraphs (i) through (w) of this section, and these descriptions are the definitive source for determining the critical habitat boundaries. General location maps are provided at the end of each DPS description (paragraphs (i) through (w) of this section) and are provided for general guidance purposes only, and not as a definitive source for determining critical habitat boundaries. (a) Critical habitat is designated for the following DPSs in the following states and counties: State—counties * * (14) Lower Columbia River coho salmon .......... VerDate Mar<15>2010 226, title 50 of the Code of Federal Regulations as set forth below: Jkt 229001 * * * * (i) OR—Clackamas, Clatsop, Columbia, Hood River, Marion, and Multnomah. (ii) WA—Clark, Cowlitz, Klickitat, Lewis, Pacific, Skamania, and Wahkiakum. PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\14JAP2.SGM 14JAP2 * Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules 2751 State—counties (15) Puget Sound steelhead .............................. WA—Clallam, Jefferson, King, Kitsap, Mason, Pierce, Skagit, Snohomish, Thurston, and Whatcom. * srobinson on DSK4SPTVN1PROD with DPS in: Elk Creek (45.439371, -121.79187); Green Point Creek (45.590219, -121.681893). (iii) Hood River Watershed 1707010508. Outlet(s) = Hood River (Lat 45.712335, Long -121.508062); upstream to endpoint(s) in: Lenz Creek (45.627282, -121.527217); Unnamed (45.695827, -121.499524); Hood River (45.605237, -121.633264); Neal Creek (45.589032, -121.495443); West Fork Neal Creek (45.589791, -121.50157); Whiskey Creek (45.682589, -121.507362). (iv) White Salmon River Watershed 1707010509. Outlet(s) = White Salmon River (Lat 45.722453, Long -121.522507); upstream to endpoint(s) in: White Salmon River (45.767475, -121.538582). (v) Little White Salmon River Watershed 1707010510. Outlet(s) = Little White Salmon River (Lat 45.709771, -121.648828); upstream to endpoint(s) in: Little White Salmon River (45.721722, -121.640905). (vi) Wind River Watershed 1707010511. Outlet(s) = Wind River (Lat 45.708031, Long -121.7937); upstream to endpoint(s) in: Unnamed (45.815611, -121.845378); Unnamed (45.8203, -121.812338); Unnamed (45.821678, -121.947378); Unnamed (45.842504, -121.919472); Unnamed (45.847958, -121.923983); Unnamed (45.863859, -121.977579); Unnamed (45.96647, -121.911828); Bear Creek (45.761807, -121.830558); Big Hollow Creek (45.939879, -122.003963); Cedar Creek (45.830782, -121.803419); Dry Creek (45.951945, -121.986573); Eightmile Creek (45.849795, -121.895036); Falls Creek (45.910426, -121.923791); Hollis Creek (45.844829, -121.93704); Little Wind River (45.764902, -121.743713); Martha Creek (45.789911, -121.936208); Mouse Creek (45.841299, -121.844253); Ninemile Creek (45.892264, -121.938276); Panther Creek (45.860314, -121.843418); Paradise Creek (45.960955, -121.9529); Tenmile Creek (45.857983, -121.85914); Trapper Creek (45.905546, -122.03664); Trout Creek (45.801934, -121.932513); Wind River (45.97452, -121.90201). (vii) Middle Columbia/Grays Creek Watershed 1707010512. Outlet(s) = Columbia River (Lat 45.704232, Long -121.799197); upstream to endpoint(s) in: Unnamed (45.709771, -121.648828); Unnamed (45.71305, -121.765469); Unnamed (45.717006, -121.775974); Unnamed (45.724676, -121.733359); Dog * * * * (c) Primary constituent elements. Within these areas, the primary constituent elements essential for the conservation of these DPSs are those sites and habitat components that support one or more life stages, including: * * * * * (e) * * * (9) Fort Lewis (Army and Air Force); * * * * * (23) Dabob Bay/Whitney Point naval restricted area; (24) Port Townsend/Indian Island/ Walan Point naval restricted area; and (25) Naval Base Kitsap * * * * * (f) Land covered by an approved Habitat Conservation Plan. Critical habitat does not include any areas subject to an approved incidental take permit issued by NMFS under section 10(a)(1)(B) of the ESA. The specific sites addressed include those associated with the following Habitat Conservation Plans: (1) Washington Department of Natural Resources—West of Cascades (2) Washington State Forest Practices (3) Green Diamond Company (4) West Fork Timber Company (5) City of Kent (6) J.L. Storedahl and Sons * * * * * (t) Lower Columbia River Coho Salmon (Oncorhynchus kisutch). Critical habitat is designated to include the areas defined in the following subbasins: (1) Middle Columbia-Hood Subbasin 17070105—(i) East Fork Hood River Watershed 1707010506. Outlet(s) = Hood River (Lat 45.605237, Long -121.633264); upstream to endpoint(s) in: Bear Creek (45.491952, -121.648262); Dog River (45.447412, -121.567406); East Fork Hood River (45.310783, -121.626954); East Fork Hood River (45.412671, -121.570369); Evans Creek (45.486998, -121.590438); Graham Creek (45.551655, -121.567021); Griswell Creek (45.522055, -121.577151); Pinnacle Creek (45.459186, -121.658854); Pocket Creek (45.302362, -121.597799); Tony Creek (45.540932, -121.644048); Yellowjacket Creek (45.502652, -121.561138). (ii) West Fork Hood River Watershed 1707010507. Outlet(s) = West Fork Hood River (Lat 45.605237, Long -121.633264); upstream to endpoint(s) VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 Creek (45.711575, -121.670928); Gorton Creek (45.691091, -121.773139); Columbia River (45.712335, -121.508062); Lindsey Creek (45.686538, -121.716427); Viento Creek (45.697116, -121.668995). (viii) Middle Columbia/Eagle Creek Watershed 1707010513. Outlet(s) = Unnamed (Lat 45.644489, Long -121.940679); upstream to endpoint(s) in: Unnamed (45.665271, -121.8177); Unnamed (45.667271, -121.849896); Unnamed (45.668788, -121.845446); Unnamed (45.681125, -121.861863); Unnamed (45.710132, -121.845697); Camp Creek (45.667436, -121.817935); Carson Creek (45.715784, -121.820829); Columbia River (45.704232, -121.799197); Eagle Creek (45.636481, -121.918349); East Fork Herman Creek (45.653835, -121.814038); Herman Creek (45.65053, -121.819282); Kanaka Creek (45.703936, -121.886202); Nelson Creek (45.70486, -121.863199); Ruckel Creek (45.646027, -121.920243). (2) Lower Columbia-Sandy Subbasin 17080001—(i) Salmon River Watershed 1708000101. Outlet(s) = Salmon River (Lat 45.376252, Long -122.031058); upstream to endpoint(s) in: Unnamed (45.294351, -121.93992); Unnamed (45.327567, -121.964685); Unnamed (45.333577, -121.954887); Unnamed (45.343325, -121.993355); Bighorn Creek (45.261413, -121.920687); Boulder Creek (45.345892, -122.022829); Cheeney Creek (45.298138, -121.966984); Copper Creek (45.250573, -121.906523); Salmon River (45.250793, -121.903932); South Fork Salmon River (45.262376, -121.94569); Welches Creek (45.322357, -121.96209); Little Cheney Creek (45.315925, -121.957706). (ii) Zigzag River Watershed 1708000102. Outlet(s) = Zigzag River (Lat 45.348502, Long -121.945268); upstream to endpoint(s) in: Unnamed (45.264488, -121.835176); Unnamed (45.309925, -121.867436); Little Zigzag Canyon (45.313577, -121.804646); Camp Creek (45.302508, -121.824858); Cool Creek (45.292765, -121.884534); Henry Creek (45.329747, -121.904756); Lady Creek (45.319762, -121.823709); Still Creek (45.266162, -121.82967); Wind Creek (45.298307, -121.856182); Zigzag River (45.31595, -121.804679). (iii) Upper Sandy River Watershed 1708000103. Outlet(s) = Sandy River (Lat 45.348695, -121.945224); upstream to endpoint(s) in: Unnamed (45.375211, -121.831255); Unnamed (45.380971, E:\FR\FM\14JAP2.SGM 14JAP2 srobinson on DSK4SPTVN1PROD with 2752 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules -121.827671); Unnamed (45.38147, -121.902185); Unnamed (45.394711, -121.794578); Unnamed (45.399767, -121.901436); Cast Creek (45.380693, -121.858892); Clear Creek (45.399405, -121.89475); Clear Fork (45.396485, -121.858012); Little Clear Creek (45.377979, -121.915785); Lost Creek (45.372028, -121.818608); Minikahda Creek (45.368674, -121.940028); Sandy River (45.388349, -121.842458); Short Creek (45.376861, -121.863405). (iv) Middle Sandy River Watershed 1708000104. Outlet(s) = Sandy River (Lat 45.446429, Long -122.248369); upstream to endpoint(s) in: Unnamed (45.37949, -122.03096); Unnamed (45.386346, -122.036698); Alder Creek (45.376772, -122.100846); Bear Creek (45.336648, -121.927798); Cedar Creek (45.404272, -122.252578); Hackett Creek (45.352288, -121.951609); North Boulder Creek (45.382046, -122.017926); Whisky Creek (45.377566, -122.128088); Wildcat Creek (45.370157, -122.077485). (v) Bull Run River Watershed 1708000105. Outlet(s) = Bull Run River (Lat 45.445672, -122.247943); upstream to endpoint(s) in: Bull Run River (45.431922, -122.19391); Little Sandy River (45.408124, -122.066052). (vi) Washougal River Watershed 1708000106. Outlet(s) = Washougal River (Lat 45.581011, Long -122.408885); upstream to endpoint(s) in: Unnamed (45.58717, -122.413316); Unnamed (45.600016, -122.332175); Unnamed (45.611824, -122.242999); Unnamed (45.612809, -122.324998); Unnamed (45.620381, -122.345921); Unnamed (45.626874, -122.34346); Unnamed (45.627736, -122.256085); Unnamed (45.629474, -122.247482); Unnamed (45.638035, -122.292731); Unnamed (45.647483, -122.367738); Unnamed (45.648358, -122.334455); Unnamed (45.650547, -122.157413); Unnamed (45.653255, -122.275218); Unnamed (45.657929, -122.220622); Unnamed (45.659093, -122.207653); Unnamed (45.6692, -122.156539); Unnamed (45.670112, -122.34117); Unnamed (45.672008, -122.173594); Unnamed (45.674178, -122.299555); Unnamed (45.683465, -122.334825); Unnamed (45.696755, -122.315224); Unnamed (45.700417, -122.32238); Unnamed (45.708896, -122.266302); Unnamed (45.708947, -122.252235); Unnamed (45.720695, -122.249333); Unnamed (45.729294, -122.195616); Cougar Creek (45.651259, -122.268846); Dougan Creek (45.67684, -122.153333); East Fork Little Washougal River (45.672014, -122.283888); Jackson Creek (45.675271, -122.254193); Jones Creek (45.689112, -122.291063); Lacamas Creek (45.597039, -122.394477); Texas Creek (45.689165, -122.187421); VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 Washougal River (45.67269, -122.153567); West Fork Washougal River (45.733609, -122.214819); Wildboy Creek (45.671, -122.218436); Winkler Creek (45.632735, -122.261321); Hagen Creek (45.706875, -122.25864); Little Washougal River (45.676574, -122.342287); Little Washougal River (45.653083, -122.347546); Winkler Creek (45.631081, -122.26165). (vii) Columbia Gorge Tributaries Watershed 1708000107. Outlet(s) = Columbia River (Lat 45.573261, Long -122.397377); upstream to endpoint(s) in: Unnamed (45.548138, -122.351565); Unnamed (45.567076, -122.304405); Unnamed (45.588566, -122.294521); Unnamed (45.590912, -122.2823); Unnamed (45.593653, -122.144297); Unnamed (45.596322, -122.298126); Unnamed (45.602186, -122.045501); Unnamed (45.603278, -122.117957); Unnamed (45.60427, -122.114465); Unnamed (45.604686, -122.111908); Unnamed (45.608658, -122.034755); Unnamed (45.618526, -122.046564); Unnamed (45.627848, -122.059877); Unnamed (45.644489, -121.940679); Unnamed (45.648055, -121.973672); Unnamed (45.648286, -121.937896); Unnamed (45.651152, -121.948423); Unnamed (45.663009, -121.945288); Unnamed (45.668112, -121.944275); Unnamed (45.705738, -122.030562); Unnamed (45.706583, -122.030264); Unnamed (45.712761, -122.031391); Bridal Veil Creek (45.554125, -122.180231); Campen Creek (45.588421, -122.32304); Coopey Creek (45.56249, -122.165304); Duncan Creek (45.668084, -122.087311); Gibbons Creek (45.578553, -122.280402); Greenleaf Creek (45.680477, -121.961898); Hamilton Creek (45.724649, -122.025155); Hardy Creek (45.637053, -122.006906); Horsetail Creek (45.588381, -122.068121); Indian Mary Creek (45.626983, -122.08352); Latourell Creek (45.54047, -122.218884); Lawton Creek (45.57449, -122.251177); Little Creek (45.644317, -122.037293); McCord Creek (45.611378, -121.994145); Moffett Creek (45.618491, -121.967182); Multnomah Creek (45.575938, -122.115489); Oneonta Creek (45.582044, -122.072688); Tanner Creek (45.629297, -121.954011); Tumalt Creek (45.609963, -122.029615); Wahkeena Creek (45.573123, -122.126812); Walton Creek (45.575513, -122.26303); Woodward Creek (45.632266, -122.044788); Young Creek (45.546713, -122.198337); Hardy Creek (45.633735, -121.99603). (viii) Lower Sandy River Watershed 1708000108. Outlet(s) = Sandy River (Lat 45.574301, Long -122.380188); upstream to endpoint(s) in: Unnamed PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 (45.553991, -122.377876); Beaver Creek (45.495821, -122.365511); Big Creek (45.506685, -122.297833); Buck Creek (45.497012, -122.277464); Cat Creek (45.489237, -122.238503); Gordon Creek (45.502328, -122.181652); Kelly Creek (45.513162, -122.396503); Middle Fork Beaver Creek (45.488652, -122.352533); Sandy River (45.446429, -122.248369); Trout Creek (45.481334, -122.27692). (ix) Salmon Creek Watershed 1708000109. Outlet(s) = Unnamed (Lat 45.608827, Long -122.628396); Unnamed (45.782133, -122.770935); Unnamed (45.79137, -122.779096); Lake River (45.842318, -122.780058); Unnamed (45.583634, -122.493678); Unnamed (45.725544, -122.762187); Unnamed (45.708956, -122.765945); upstream to endpoint(s) in: Unnamed (45.597056, -122.48085); Unnamed (45.618497, -122.625455); Unnamed (45.692522, -122.750865); Unnamed (45.705359, -122.654729); Unnamed (45.736541, -122.738658); Unnamed (45.740616, -122.457587); Unnamed (45.741057, -122.541219); Unnamed (45.745405, -122.701278); Unnamed (45.750243, -122.641509); Unnamed (45.751664, -122.635603); Unnamed (45.758152, -122.697981); Unnamed (45.759293, -122.753826); Unnamed (45.760094, -122.420422); Unnamed (45.760678, -122.510984); Unnamed (45.763086, -122.392563); Unnamed (45.766128, -122.402833); Unnamed (45.768661, -122.410137); Unnamed (45.768856, -122.458956); Unnamed (45.771241, -122.481058); Unnamed (45.77272, -122.42969); Unnamed (45.779683, -122.608053); Unnamed (45.783976, -122.432545); Unnamed (45.785031, -122.709594); Unnamed (45.788669, -122.739027); Unnamed (45.796251, -122.438508); Unnamed (45.801421, -122.517285); Unnamed (45.807105, -122.454757); Unnamed (45.807885, -122.425007); Unnamed (45.808519, -122.754502); Unnamed (45.813822, -122.449343); Unnamed (45.817459, -122.771105); Unnamed (45.827212, -122.764666); Burnt Bridge Creek (45.660818, -122.511162); Cold Canyon (45.663287, -122.66699); Cougar Canyon Creek (45.707212, -122.682567); Curtin Creek (45.684387, -122.586094); Flume Creek (45.779893, -122.71596); Lalonde Creek (45.707849, -122.642314); Little Salmon Creek (45.784979, -122.421225); Mill Creek (45.77898, -122.566195); Morgan Creek (45.751434, -122.446616); Mud Creek (45.731816, -122.478143); Packard Creek (45.757922, -122.699539); Rock Creek (45.815043, -122.456123); Salmon Creek (45.757766, -122.424507); Weaver Creek (45.793553, -122.495211); Whipple Creek (45.734817, -122.657695). E:\FR\FM\14JAP2.SGM 14JAP2 srobinson on DSK4SPTVN1PROD with Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules (3) Lewis Subbasin 17080002—(i) Upper Lewis River Watershed 1708000201. Outlet(s) = Lewis River (Lat 46.069463, Long -122.006838); upstream to endpoint(s) in: Big Creek (46.094659, -121.913097); Chickoon Creek (46.148528, -121.878749); Crab Creek (46.141771, -121.890849); Curly Creek (46.057396, -121.970510); Cussed Hollow (46.148088, -121.904757); Lewis River (46.154732, -121.880642); Little Creek (46.071497, -121.911930); Pepper Creek (46.078061, -121.983936); Rush Creek (46.050925, -121.905817); Spencer Creek (46.143417, -121.910603). (ii) Muddy River Watershed 1708000202. Outlet(s) = Muddy River (Lat 46.069463, Long -122.006838); upstream to endpoint(s) in: Clear Creek (46.210439, -121.951602); Clearwater Creek (46.208811, -122.016938); Muddy River (46.180853, -122.070616); Smith Creek (46.229009, -122.091210). (iii) Swift Reservoir Watershed 1708000203. Outlet(s) = Lewis River (46.061988, -122.192687); upstream to endpoint(s) in: Unnamed (46.067280, -122.031517); Unnamed (46.030884, -122.025805); Unnamed (46.021441, -122.094836); Unnamed (46.076975, -122.134548); Drift Creek (45.992711, -122.064320); Lewis River (46.069463, -122.006838); Marble Creek (46.075248, -122.138077); Pine Creek (46.091385, -122.040834); Range Creek (46.028641, -122.121759); Swift Creek (46.090717, -122.205248). (iv) Yale Reservoir Watershed 1708000204. Outlet(s) = Lewis River (Lat 45.966180, -Long 122.334825); upstream to endpoint(s) in: Dog Creek (46.061456, -122.317143); Cougar Creek (46.071149, -122.269881); Lewis River (46.061988, -122.192687); Ole Creek (46.049968, -122.239259); Panamaker Creek (46.076309, -122.298414); Rain Creek (46.041972, -122.204391). (v) East Fork Lewis River Watershed 1708000205. Outlet(s) = Gee Creek (Lat 45.846474, Long -122.784009); East Fork Lewis River (45.865974, -122.720015); upstream to endpoint(s) in: Unnamed (45.780025, -122.60805); Unnamed (45.794783, -122.698153); Unnamed (45.801134, -122.682844); Unnamed (45.804692, -122.580745); Unnamed (45.807413, -122.629756); Unnamed (45.814729, -122.56657); Unnamed (45.816914, -122.575875); Unnamed (45.822904, -122.708092); Unnamed (45.823983, -122.639331); Unnamed (45.828994, -122.605197); Unnamed (45.835126, -122.485374); Unnamed (45.836667, -122.650975); Unnamed (45.837829, -122.469846); Unnamed (45.846989, -122.749763); Unnamed (45.847364, -122.649785); Unnamed (45.848031, -122.441525); Unnamed VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 (45.849976, -122.524001); Unnamed (45.853522, -122.598543); Unnamed (45.855146, -122.593372); Unnamed (45.859839, -122.612419); Unnamed (45.861417, -122.70149); Unnamed (45.866041, -122.5784); Unnamed (45.866516, -122.575586); Unnamed (45.867718, -122.647281); Unnamed (45.869512, -122.678967); Unnamed (45.872474, -122.647396); Unnamed (45.875583, -122.487609); Unnamed (45.881115, -122.478516); Unnamed (45.905677, -122.519797); Allen Creek (45.827926, -122.698134); Basket Creek (45.832585, -122.459163); Brezee Creek (45.880461, -122.655871); East Fork Lewis River (45.839345, -122.447538); Gee Creek (45.791622, -122.674464); Jenny Creek (45.870366, -122.700692); Lockwood Creek (45.8722, -122.612928); Mason Creek (45.865932, -122.544237); McCormick Creek (45.851953, -122.691964); Riley Creek (45.872133, -122.62657); Unnamed Creek (45.843693, -122.648975). (vi) Lower Lewis River Watershed 1708000206. Outlet(s) = Lewis River (Lat 45.855546, Long -122.775762); upstream to endpoint(s) in: Unnamed (45.870633, -122.756138); Unnamed (45.88666, -122.723102); Unnamed (45.892632, -122.422093); Unnamed (45.893766, -122.438283); Unnamed (45.901311, -122.727541); Unnamed (45.919994, -122.535139); Unnamed (45.920149, -122.456867); Unnamed (45.920747, -122.693543); Unnamed (45.923838, -122.424899); Unnamed (45.924295, -122.37431); Unnamed (45.928026, -122.689314); Unnamed (45.929363, -122.504918); Unnamed (45.939172, -122.41088); Unnamed (45.941429, -122.704591); Unnamed (45.942762, -122.671288); Unnamed (45.943605, -122.620229); Unnamed (45.944513, -122.644954); Unnamed (45.947599, -122.643073); Bitter Creek (45.913105, -122.460482); Brush Creek (45.927783, -122.468661); Cedar Creek (45.906562, -122.381815); Chelatchie Creek (45.935564, -122.379567); Colvin Creek (45.939847, -122.609332); Houghton Creek (45.951179, -122.634346); John Creek (45.943278, -122.477146); Johnson Creek (45.953443, -122.61949); Lewis River (45.966180, -122.334825); North Fork Chelatchie Creek (45.945494, -122.393811); Pup Creek (45.948425, -122.525655); Robinson Creek (45.936812, -122.725723); Ross Creek (45.953911, -122.706047); Staples Creek (45.942126, -122.667681). (4) Lower Columbia-Clatskanie Subbasin 17080003—(i) Kalama River Watershed 1708000301. Outlet(s) = Burris Creek (Lat 45.892513, Long -122.790279); Bybee Creek (45.966376, -122.816532); Kalama River (46.03393, PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 2753 -122.870595); Mill Creek (45.95816, -122.803634); Schoolhouse Creek (45.978378, -122.829247); Unnamed (45.999928, -122.848159); upstream to endpoint(s) in: Unnamed (45.903312, -122.780386); Unnamed (45.934119, -122.781977); Unnamed (45.977147, -122.825526); Unnamed (45.993614, -122.813527); Unnamed (46.043843, -122.856105); Burke Creek (45.94516, -122.775084); Burke Slough (45.924545, -122.797017); Burris Creek (45.932376, -122.743342); Bybee Creek (45.969366, -122.814717); Cedar Creek (46.03313, -122.812264); Hatchery Creek (46.049047, -122.801448); Indian Creek (46.049668, -122.752333); Indian Creek (46.0452, -122.752907); Kalama River (46.025868, -122.739474); Mill Creek (45.961948, -122.795944); Schoolhouse Creek (45.981238, -122.825927); Spencer Creek (46.025203, -122.829696). (ii) Beaver Creek/Columbia River Watershed 1708000302. Outlet(s) = Beaver Slough (Lat 46.121253, Long -123.22089); Fox Creek (46.092512, -122.938467); Goble Creek (46.020615, -122.876532); Green Creek (46.166661, -123.099119); Tide Creek (45.994307, -122.866712); upstream to endpoint(s) in: Unnamed (45.914995, -122.870367); Unnamed (45.985132, -122.928842); Unnamed (46.0165, -122.963794); Unnamed (46.019529, -122.944997); Beaver Creek (46.104384, -123.124089); Fox Creek (46.069709, -122.937725); Goble Creek (46.006921, -122.989536); Green Creek (46.143721, -123.074477); Merrill Creek (45.908708, -122.887674); North Fork Stewart Creek (46.134963, -123.142788); South Fork Goble Creek (45.967146, -122.912205); Stewart Creek (46.121924, -123.134473); Tide Creek (45.998871, -123.005909). (iii) Clatskanie River Watershed 1708000303. Outlet(s) = Beaver Slough (Lat 46.139926, Long -123.230807); upstream to endpoint(s) in: Unnamed (45.871279, -123.016852); Unnamed (46.057, -123.256303); Beaver Slough (46.121253, -123.22089); Carcus Creek (45.988589, -123.087952); Clatskanie River (45.878919, -122.9959); Conyers Creek (46.056042, -123.241614); Dribble Creek (45.904283, -123.028122); Fall Creek (46.10887, -123.212892); Keystone Creek (46.075658, -123.145555); Little Clatskanie River (45.914012, -122.995923); Merril Creek (46.081981, -123.187026); Miller Creek (46.043933, -123.146664); North Fork Clatskanie River (46.028796, -123.052308); Page Creek (46.04337, -123.126689); Perkins Creek (46.045692, -123.202675). (iv) Germany/Abernathy Watershed 1708000304. Outlet(s) = Abernathy Creek (46.190946, -123.16764); Coal Creek Slough (46.189618, -123.116548); E:\FR\FM\14JAP2.SGM 14JAP2 srobinson on DSK4SPTVN1PROD with 2754 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules Germany Creek (46.190472, -123.124221); Mill Creek (Lat 46.188644, Long -123.175717); upstream to endpoint(s) in: Unnamed (46.174387, -123.284405); Unnamed (46.177806, -123.244713); Unnamed (46.179048, -123.28534); Unnamed (46.179783, -123.014957); Unnamed (46.199235, -123.017367); Unnamed (46.209772, -123.250435); Unnamed (46.210569, -123.02174); Unnamed (46.2212, -123.233862); Unnamed (46.230005, -123.243579); Unnamed (46.23735, -123.217724); Unnamed (46.257704, -123.211771); Unnamed (46.260394, -123.156937); Unnamed (46.282123, -123.215419); Unnamed (46.28956, -123.229955); Unnamed (46.302937, -123.18012); Unnamed (46.30502, -123.175317); Unnamed (46.313744, -123.186815); Unnamed (46.315329, -123.111068); Unnamed (46.318441, -123.123571); Unnamed (46.329631, -123.132487); Abernathy Creek (46.298183, -123.20799); Cameron Creek (46.266183, -123.196747); Coal Creek (46.214039, -123.020114); Erick Creek (46.283486, -123.165659); Germany Creek (46.323938, -123.150029); Harmony Creek (46.191588, -123.045625); Hunter Creek (46.200371, -123.277768); Midway Creek (46.280132, -123.179387); North Fork Mill Creek (46.237142, -123.227829); Ordway Creek (46.312588, -123.1944); Slide Creek (46.251167, -123.180153); South Fork Mill Creek (46.184454, -123.282779); Spruce Creek (46.19379, -123.270758); Wiest Creek (46.27626, -123.159368). (v) Skamokawa/Elochoman Watershed 1708000305. Outlet(s) = Birnie Creek (Lat 46.200249, Long -123.388149); Elochoman River (46.22667, -123.400822); Jim Crow Creek (46.266028, -123.552297); Skamokawa Creek (46.268566, -123.45637); upstream to endpoint(s) in: Unnamed (46.225162, -123.303945); Unnamed (46.242407, -123.369715); Unnamed (46.264248, -123.311602); Unnamed (46.268968, -123.328113); Unnamed (46.27795, -123.384622); Unnamed (46.281109, -123.369818); Unnamed (46.294907, -123.320218); Unnamed (46.299508, -123.553063); Unnamed (46.30403, -123.499255); Unnamed (46.30564, -123.54826); Unnamed (46.320411, -123.244937); Unnamed (46.320842, -123.35815); Unnamed (46.325433, -123.281587); Unnamed (46.328108, -123.296011); Unnamed (46.33764, -123.44219); Unnamed (46.337892, -123.462614); Unnamed (46.34415, -123.256674); Unnamed (46.347782, -123.392349); Unnamed (46.349787, -123.211987); Unnamed (46.351596, -123.313042); VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 Unnamed (46.35173, -123.19359); Unnamed (46.360802, -123.261039); Unnamed (46.364365, -123.276383); Unnamed (46.368463, -123.242642); Unnamed (46.377205, -123.262108); Unnamed (46.382024, -123.242299); Unnamed (46.386679, -123.223722); Unnamed (46.303663, -123.365059); Unnamed (46.311328, -123.478976); Unnamed (46.306534, -123.546046); Beaver Creek (46.216566, -123.297152); Bell Canyon Creek (46.288173, -123.405772); Birnie Creek (46.204016, -123.384532); Cadman Creek (46.302299, -123.508597); Clear Creek (46.260761, -123.300874); Duck Creek (46.265653, -123.337856); East Fork Elochoman River (46.378345, -123.193512); Falk Creek (46.321532, -123.381397); Fink Creek (46.276734, -123.570228); Jim Crow Creek (46.312074, -123.539923); Kelly Creek (46.32257, -123.48111); Left Fork Skamokawa Creek (46.339453, -123.470344); Longtain Creek (46.25861, -123.369188); McDonald Creek (46.346651, -123.382328); Nelson Creek (46.257717, -123.35252); North Fork Elochoman River (46.375393, -123.284959); Otter Creek (46.388034, -123.217495); Pollard Creek (46.307613, -123.412558); Quarry Creek (46.337806, -123.42712); Risk Creek (46.25136, -123.399855); Rock Creek (46.277795, -123.275871); Standard Creek (46.333628, -123.357041); West Fork Elochoman River (46.351711, -123.329823); West Fork Skamokawa Creek (46.327805, -123.498954); West Valley Creek (46.291358, -123.51591); Wilson Creek (46.31583, -123.328008); Unnamed Creek (46.306534, -123.546046); Unnamed Creek (46.311328, -123.478976); Unnamed Creek (46.386679, -123.223722); Unnamed Creek (46.303663, -123.365059). (vi) Plympton Creek Watershed 1708000306. Outlet(s) = Hunt Creek (Lat 46.202277, Long -123.445724); Westport Slough (46.143868, -123.383472); upstream to endpoint(s) in: Eilertsen Creek (46.099706, -123.328684); Graham Creek (46.09157, -123.277339); Hunt Creek (46.120882, -123.428478); Ok Creek (46.099703, -123.321777); Olsen Creek (46.101357, -123.360299); Plympton Creek (46.127423, -123.391111); Ross Creek (46.108505, -123.368667); Tandy Creek (46.085085, -123.29629); West Creek (46.121298, -123.373425); Westport Slough (46.124151, -123.245135). (5) Upper Cowlitz Subbasin 17080004—(i) Headwaters Cowlitz River Watershed 1708000401. Outlet(s) = Cowlitz River (Lat 46.657731, Long -121.604374); upstream to endpoint(s) in: Unnamed (46.675388, -121.580086); PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 Clear Fork Cowlitz River (46.684326, -121.568004); Muddy Fork Cowlitz River (46.697086, -121.618719); Ohanapecosh River (46.690309, -121.582129); Purcell Creek (46.671171, -121.587667). (ii) Upper Cowlitz River Watershed 1708000402. Outlet(s) = Cowlitz River (46.576161, -121.706256); Johnson Creek (Lat 46.575836, Long -121.705564); upstream to endpoint(s) in: Unnamed (46.62375, -121.671832); Unnamed (46.641142, -121.654691); Unnamed (46.654671, -121.631508); Unnamed (46.692847, -121.803752); Butter Creek (46.646075, -121.675424); Coal Creek (46.643541, -121.611604); Cowlitz River (46.657731, -121.604374); Hall Creek (46.613874, -121.660242); Hinkle Tinkle Creek (46.653644, -121.641874); Johnson Creek (46.555366, -121.639734); Lake Creek (46.622383, -121.610363); Skate Creek (46.684892, -121.806283). (iii) Cowlitz Valley Frontal Watershed 1708000403. Outlet(s) = Cowlitz River (Lat 46.476278, Long -122.096306); upstream to endpoint(s) in: Unnamed (46.489922, -122.083268); Unnamed (46.518735, -121.858756); Burton Creek (46.542568, -121.752074); Cowlitz River (46.576161, -121.706256); Cunningham Creek (46.512691, -121.844636); Davis Creek (46.540691, -121.809594); Dry Creek (46.560084, -121.705732); Garrett Creek (46.523043, -121.773614); Hampton Creek (46.537971, -121.939923); Hopkin Creek (46.537673, -121.840214); Johnson Creek (Lat 46.575836, Long -121.705564); Kilborn Creek (46.507622, -121.801739); Kiona Creek (46.564304, -122.049702); Miller Creek (46.539348, -121.960377); Oliver Creek (46.545728, -121.99579); Peters Creek (46.543267, -121.982782); Schooley Creek (46.500722, -121.964414); Sethe Creek (46.534578, -121.867518); Siler Creek (46.492992, -121.911187); Silver Creek (46.55632, -121.91673); Smith Creek (46.561932, -121.693911); Surrey Creek (46.543475, -121.888707); Willame Creek (46.580526, -121.733077). (iv) Upper Cispus River Watershed 1708000404. Outlet(s) = Cispus River (Lat 46.443752, Long -121.798269); upstream to endpoint(s) in: Cispus River (46.344891, -121.68424); East Canyon Creek (46.347337, -121.703867); North Fork Cispus River (46.435538, -121.657768); Twin Creek (46.374048, -121.728185). (v) Lower Cispus River Watershed 1708000405. Outlet(s) = Cispus River (Lat 46.476761, Long -122.095709); upstream to endpoint(s) in: Unnamed (46.430554, -121.825682); Unnamed (46.455387, -121.954511); Unnamed (46.465418, -121.958732); Ames Creek E:\FR\FM\14JAP2.SGM 14JAP2 srobinson on DSK4SPTVN1PROD with Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules (46.466423, -121.918257); Camp Creek (46.450675, -121.831242); Cispus River (Lat 46.443752, Long -121.798269); Copper Canyon Creek (46.467296, -122.082101); Covell Creek (46.431961, -121.851825); Crystal Creek (46.437145, -122.018844); Dry Creek (46.452466, -121.852225); Greenhorn Creek (46.421576, -121.905397); Iron Creek (46.38938, -121.971317); McCoy Creek (46.38901, -121.82019); Quartz Creek (46.434561, -122.05107); Woods Creek (46.475527, -121.949635); Yellowjacket Creek (46.386924, -121.834674). (6) Cowlitz Subbasin 17080005—(i) Tilton River Watershed 1708000501. Outlet(s) = Tilton River (Lat 46.543356, Long -122.533164); upstream to endpoint(s) in: Unnamed (46.588777, -122.17989); Coal Creek (46.573383, -122.243464); Connelly Creek (46.603724, -122.311695); Coon Creek (46.61661, -122.284513); Eagle Creek (46.653164, -122.259058); East Fork Tilton River (46.594049, -122.170519); Jesse Creek (46.644446, -122.421704); Johnson Creek (46.531381, -122.237744); Little Creek (46.666231, -122.404381); Minnie Creek (46.539791, -122.234089); Nineteen Creek (46.599433, -122.22251); Otter Creek (46.62162, -122.401512); Rockies Creek (46.643019, -122.39823); Snow Creek (46.620326, -122.266924); South Fork Tilton Creek (46.563022, -122.1572); Tilton River (46.624549, -122.215133); Trout Creek (46.65834, -122.25936); Wallanding Creek (46.622603, -122.368924); West Fork Tilton River (46.658406, -122.308887); Winnie Creek (46.657038, -122.422335). (ii) Riffe Reservoir Watershed 1708000502. Outlet(s) = Cowlitz River (Lat 46.5031, Long -122.588332); upstream to endpoint(s) in: Cowlitz River (46.476278, -122.096306); Winston Creek (46.459003, -122.370859). (iii) Jackson Prairie Watershed 1708000503. Outlet(s) = Cowlitz River (Lat 46.367511, Long -122.934945); upstream to endpoint(s) in: Unnamed (46.383522, -122.679974); Unnamed (46.383941, -122.725937); Unnamed (46.385081, -122.705907); Unnamed (46.387856, -122.695831); Unnamed (46.39224, -122.75946); Unnamed (46.399666, -122.898638); Unnamed (46.400754, -122.733303); Unnamed (46.409488, -122.589866); Unnamed (46.410097, -122.680278); Unnamed (46.410422, -122.708726); Unnamed (46.411433, -122.756574); Unnamed (46.413363, -122.783988); Unnamed (46.417067, -122.637699); Unnamed (46.424466, -122.818117); Unnamed (46.427206, -122.613403); Unnamed (46.428381, -122.643499); Unnamed (46.429253, -122.83625); Unnamed VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 (46.431112, -122.808741); Unnamed (46.440469, -122.519079); Unnamed (46.445258, -122.867273); Unnamed (46.449715, -122.529087); Unnamed (46.450991, -122.871663); Unnamed (46.472774, -122.686245); Unnamed (46.488493, -122.807753); Unnamed (46.517532, -122.654378); Unnamed (46.5309, -122.820885); Unnamed (46.533357, -122.758003); Unnamed (46.542935, -122.748007); Bear Creek (46.463967, -122.913037); Blue Creek (46.488339, -122.726491); Brights Creek (46.496407, -122.605179); Cedar Creek (46.420442, -122.725311); Coon Creek (46.445182, -122.895851); Cougar Creek (46.393389, -122.795962); Cowlitz River (46.5031, -122.588332); Foster Creek (46.40711, -122.890926); Hopkey Creek (46.459049, -122.554437); Jones Creek (46.518881, -122.675281); Lacamas Creek (46.556204, -122.688969); Little Salmon Creek (46.439872, -122.747395); Mill Creek (46.517371, -122.622126); Mill Creek (46.502438, -122.803167); Otter Creek (46.479854, -122.700841); Pin Creek (46.411782, -122.832479); Rapid Creek (46.432098, -122.547553); Skook Creek (46.474731, -122.757751); Unnamed Creek (46.515124, -122.681226). (iv) North Fork Toutle River Watershed 1708000504. Outlet(s) = North Fork Toutle River (Lat 46.371819, Long -122.585848); upstream to endpoint(s) in: Unnamed (46.292893, -122.508359); Unnamed (46.294391, -122.526416); Unnamed (46.317597, -122.321791); Unnamed (46.321385, -122.488684); Unnamed (46.331761, -122.316562); Bear Creek (46.309744, -122.430749); Hoffstadt Creek (46.319718, -122.325454). (v) Green River Watershed 1708000505. Outlet(s) = North Fork Toutle River (Lat 46.366681, Long -122.587092); upstream to endpoint(s) in: Unnamed (46.332935, -122.298073); Unnamed (46.33485, -122.279213); Unnamed (46.355641, -122.205783); Unnamed (46.359811, -122.326801); Unnamed (46.373265, -122.389499); Unnamed (46.38427, -122.434721); Unnamed (46.387374, -122.488301); Unnamed (46.402102, -122.555537); Unnamed (46.40583, -122.542922); Unnamed (46.408718, -122.507384); Unnamed (46.410468, -122.431267); Unnamed (46.412392, -122.451557); Unnamed (46.416538, -122.283286); Unnamed (46.42, -122.292272); Unnamed (46.422599, -122.304017); Unnamed (46.428205, -122.267496); Beaver Creek (46.405735, -122.568826); Cascade Creek (46.417916, -122.331675); Devils Creek (46.401481, -122.409722); Elk Creek (46.41719, -122.250256); Green River (46.394118, -122.205161); Jim Creek (46.388361, PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 2755 -122.526853); Miners Creek (46.349143, -122.194242); Shultz Creek (46.344058, -122.275039); Tradedollar Creek (46.376142, -122.23987). (vi) South Fork Toutle River Watershed 1708000506. Outlet(s) = Toutle River (Lat 46.329223, Long -122.725131); upstream to endpoint(s) in: Unnamed (46.185704, -122.299471); Unnamed (46.186193, -122.40715); Unnamed (46.188524, -122.445753); Unnamed (46.199665, -122.471338); Unnamed (46.201636, -122.296552); Unnamed (46.206594, -122.331284); Unnamed (46.21036, -122.431482); Unnamed (46.21081, -122.427763); Unnamed (46.210915, -122.428229); Unnamed (46.211429, -122.279573); Unnamed (46.215533, -122.347972); Unnamed (46.223287, -122.327701); Unnamed (46.223773, -122.524201); Unnamed (46.226916, -122.337898); Unnamed (46.227233, -122.373391); Unnamed (46.238958, -122.490827); Unnamed (46.243346, -122.38038); Unnamed (46.245202, -122.629903); Unnamed (46.258398, -122.534433); Unnamed (46.260587, -122.550523); Unnamed (46.261618, -122.571707); Unnamed (46.268347, -122.577391); Unnamed (46.287125, -122.685581); Unnamed (46.292576, -122.659948); Unnamed (46.295532, -122.596926); Unnamed (46.296678, -122.585207); Unnamed (46.297388, -122.614534); Unnamed (46.310391, -122.606122); Unnamed (46.311754, -122.626346); Unnamed (46.312178, -122.704274); Unnamed (46.321553, -122.649148); Bear Creek (46.187484, -122.431406); Big Wolf Creek (46.225469, -122.567295); Brownell Creek (46.280407, -122.649708); Disappointment Creek (46.213614, -122.309153); Eighteen Creek (46.244881, -122.600184); Harrington Creek (46.247692, -122.419362); Johnson Creek (46.306181, -122.579585); Sheep Canyon (46.206343, -122.268258); South Fork Toutle River (46.209387, -122.263037); Studebaker Creek (46.28238, -122.681733); Thirteen Creek (46.237634, -122.624229); Trouble Creek (46.182362, -122.387761); Twenty Creek (46.232994, -122.5836); North Fork Toutle River (46.328728, -122.722386); Whitten Creek (46.203701, -122.502013). (vii) East Willapa Watershed 1708000507. Outlet(s) = Cowlitz River (46.265795, -122.915793); upstream to endpoint(s) in: Unnamed (46.241179, -122.990022); Unnamed (46.247733, -123.018044); Unnamed (46.247998, -122.777916); Unnamed (46.260464, -122.956364); Unnamed (46.263008, -123.020122); Unnamed (46.263983, -122.930316); Unnamed (46.266093, E:\FR\FM\14JAP2.SGM 14JAP2 srobinson on DSK4SPTVN1PROD with 2756 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules -122.981616); Unnamed (46.27194, -122.770063); Unnamed (46.281159, -122.760238); Unnamed (46.287658, -122.906283); Unnamed (46.289048, -122.963514); Unnamed (46.302765, -123.0657); Unnamed (46.307415, -122.93938); Unnamed (46.313054, -122.816361); Unnamed (46.314382, -122.943084); Unnamed (46.314535, -123.010247); Unnamed (46.315942, -122.865345); Unnamed (46.317235, -122.896545); Unnamed (46.319898, -122.814207); Unnamed (46.320644, -122.892218); Unnamed (46.322067, -122.814053); Unnamed (46.32332, -122.859461); Unnamed (46.323446, -122.886965); Unnamed (46.326968, -123.025803); Unnamed (46.328758, -122.817082); Unnamed (46.329235, -122.909613); Unnamed (46.334118, -122.817188); Unnamed (46.334241, -123.017807); Unnamed (46.336993, -122.893299); Unnamed (46.337756, -122.611236); Unnamed (46.337802, -122.940117); Unnamed (46.339026, -122.940678); Unnamed (46.343885, -122.762274); Unnamed (46.34681, -122.946071); Unnamed (46.348905, -122.769029); Unnamed (46.349667, -123.053432); Unnamed (46.350564, -122.799855); Unnamed (46.358221, -123.038147); Unnamed (46.358277, -122.791338); Unnamed (46.3604, -122.696281); Unnamed (46.360599, -122.736153); Unnamed (46.36403, -123.005163); Unnamed (46.36632, -122.634646); Unnamed (46.366869, -122.89658); Unnamed (46.368123, -122.894117); Unnamed (46.374172, -122.622494); Unnamed (46.375592, -123.099965); Unnamed (46.380427, -122.610242); Unnamed (46.38163, -122.883768); Unnamed (46.38939, -123.065756); Unnamed (46.394019, -122.98067); Unnamed (46.401297, -123.028366); Unnamed (46.41997, -123.040973); Unnamed (46.428911, -123.047482); Unnamed (46.43562, -123.045801); Unnamed (46.437797, -122.999776); Unnamed (46.460336, -123.01792); Unnamed (46.472152, -122.999706); Unnamed (46.508924, -122.885928); Unnamed (46.522845, -122.854611); Unnamed (46.534744, -122.980706); Unnamed (46.537092, -122.823206); Unnamed (46.543646, -122.855197); Arkansas Creek (46.334118, -123.054814); Baxter Creek (46.335963, -122.985106); Becker Creek (46.366541, -123.077711); Brim Creek (46.444408, -123.040408); Campbell Creek (46.345799, -123.069223); Cline Creek (46.339582, -122.856216); Cowlitz River (46.367511, -122.934945); Cowlitz River (46.280749, -122.908759); Cowlitz River (46.270301, -122.918872); Curtis Creek (46.479675, -122.978296); Delameter Creek (46.27323, VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 -123.020718); Duffy Creek (46.436886, -122.972934); Ferrier Creek (46.469037, -122.92969); Hemlock Creek (46.258298, -122.728132); Hill Creek (46.385982, -122.887561); King Creek (46.528608, -123.017282); Monahan Creek (46.304091, -123.062738); North Fork Brim Creek (46.461931, -123.022977); North Fork Toutle River (46.366681, -122.587092); Olequa Creek (46.522827, -122.88994); Owens Creek (46.39917, -123.045965); Rock Creek (46.347737, -122.815672); Rock Creek (46.36466, -122.979025); Snow Creek (46.448627, -122.9822); Stankey Creek (46.325726, -122.827854); Stillwater Creek (46.376492, -123.114458); Sucker Creek (46.257038, -122.763973); Toutle River (46.329223, -122.725131); Tucker Creek (46.256345, -123.017401); Whittle Creek (46.313257, -122.951576); Unnamed Creek (46.365968, -123.078372); Unnamed Creek (46.366574, -122.6278); Unnamed Creek (46.322752, -122.727564); Unnamed Creek (46.358525, -122.749069); Wyant Creek (46.348562, -122.655808). (viii) Coweeman Watershed 1708000508. Outlet(s) = Cowlitz River (Lat 46.09677, Long -122.917179); Owl Creek (46.076672, -122.869072); upstream to endpoint(s) in: Unnamed (46.07177, -122.861942); Unnamed (46.080968, -122.726324); Unnamed (46.082482, -122.722033); Unnamed (46.08384, -122.719656); Unnamed (46.103901, -122.735682); Unnamed (46.11823, -122.725869); Unnamed (46.128746, -122.897993); Unnamed (46.133211, -122.702488); Unnamed (46.134412, -122.877742); Unnamed (46.134559, -122.874501); Unnamed (46.137294, -122.570127); Unnamed (46.140549, -122.616015); Unnamed (46.142157, -122.858404); Unnamed (46.142862, -122.813885); Unnamed (46.143869, -122.609969); Unnamed (46.147673, -122.866141); Unnamed (46.151541, -122.875978); Unnamed (46.157716, -122.6488); Unnamed (46.162608, -122.527406); Unnamed (46.164373, -122.573871); Unnamed (46.16697, -122.62965); Unnamed (46.169603, -122.912787); Unnamed (46.173346, -122.82947); Unnamed (46.174933, -122.844098); Unnamed (46.175151, -122.934081); Unnamed (46.175276, -122.532665); Unnamed (46.175583, -122.668586); Unnamed (46.180534, -122.898644); Unnamed (46.181396, -122.766774); Unnamed (46.183838, -122.820311); Unnamed (46.188804, -122.78364); Unnamed (46.193597, -122.911471); Unnamed (46.196887, -122.713022); Unnamed (46.20058, -122.827779); Unnamed (46.201892, -122.695345); Unnamed (46.202726, -122.560647); Unnamed PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 (46.213243, -122.666442); Unnamed (46.217243, -122.951394); Unnamed (46.219673, -122.838549); Unnamed (46.220679, -122.889953); Unnamed (46.223168, -122.968869); Unnamed (46.226103, -122.771549); Unnamed (46.226208, -122.803239); Unnamed (46.237678, -122.887353); Unnamed (46.242901, -122.885918); Baird Creek (46.194037, -122.549476); Brown Creek (46.138569, -122.581603); Butler Creek (46.148896, -122.518149); Coweeman River (46.150297, -122.51847); Cowlitz River (46.265795, -122.915793); Goble Creek (46.109525, -122.68388); Hill Creek (46.178271, -122.600223); Jim Watson Creek (46.177642, -122.74165); Leckler Creek (46.231526, -122.948175); Little Baird Creek (46.190281, -122.572141); Mulholland Creek (46.201136, -122.646167); Nineteen Creek (46.140604, -122.623774); North Fork Goble Creek (46.136853, -122.680068); Nye Creek (46.121737, -122.805205); Ostrander Creek (46.210956, -122.764306); Owl Creek (46.091102, -122.865692); Owl Creek (46.076526, -122.861672); Salmon Creek (46.254572, -122.885114); Sam Smith Creek (46.165941, -122.725633); Sandy Bend Creek (46.231734, -122.915112); Skipper Creek (46.169104, -122.577264); South Fork Ostrander Creek (46.184505, -122.826132); Turner Creek (46.116534, -122.816196). (7) Lower Columbia Subbasin 17080006—(i) Youngs River Watershed 1708000601. Outlet(s) = Lewis and Clark River (Lat 46.157276, Long -123.8567); Adair Slough (46.164573, -123.890158); Youngs River (46.168659, -123.838128); Skipanon Waterway (46.183693, -123.907231); Alder Creek (46.183694, -123.923138); upstream to endpoint(s) in: Unnamed (45.961144, -123.760693); Unnamed (45.976251, -123.781793); Unnamed (45.987168, -123.864135); Unnamed (46.075646, -123.74625); Unnamed (46.077196, -123.72534); Unnamed (46.081494, -123.687949); Unnamed (46.098839, -123.782036); Unnamed (46.101257, -123.777885); Unnamed (46.101582, -123.791448); Unnamed (46.104561, -123.790689); Unnamed (46.105278, -123.778981); Unnamed (46.115179, -123.862193); Unnamed (46.11823, -123.798015); Unnamed (46.125146, -123.900778); Unnamed (46.133731, -123.821982); Unnamed (46.155148, -123.772037); Unnamed (46.163155, -123.798112); Abercrombie Creek (46.087084, -123.88937); Adair Slough (46.153356, -123.897783); Alder Creek (46.171207, -123.933132); Barrett Slough (46.12204, -123.85348); Binder Creek (46.142527, -123.821985); Binder Slough (46.121358, -123.819543); Brown E:\FR\FM\14JAP2.SGM 14JAP2 srobinson on DSK4SPTVN1PROD with Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules Creek (46.172014, -123.806343); Casey Slough (46.115066, -123.815982); Cullaby Slough (46.022576, -123.880488); Green Slough (46.124806, -123.869053); Heckard Creek (46.057636, -123.87837); Hortill Creek (46.053191, -123.82798); Jeffers Slough (46.14965, -123.85163); Johnson Slough (46.071237, -123.882259); Klickitat Creek (46.045225, -123.835081); Lewis and Clark River (45.953527, -123.731398); Little Wallooskee River (46.140199, -123.737638); Loowit Creek (46.027001, -123.844093); Middle Fork North Fork Klaskanine River (46.061237, -123.638614); Moosmoos Creek (46.074807, -123.777539); North Fork Klaskanine River (46.048838, -123.636273); North Fork North Fork Klaskanine River (46.097739, -123.674883); Peterson Slough (46.10793, -123.85242); Shweeash Creek (46.019839, -123.839507); South Fork Klaskanine River (46.065177, -123.731988); Speelyai Creek (46.032437, -123.83321); Stowebolt Creek (46.060439, -123.825132); Tucker Creek (46.075512, -123.824939); Wallooskee River (46.104416, -123.699695); Youngs River (46.065871, -123.791772). (ii) Big Creek Watershed 1708000602. Outlet(s) = Hillcrest Creek (Lat 46.171377, Long -123.655493); Bear Creek (46.1716, -123.665605); Marys Creek (46.173116, -123.668452); Fertile Valley Creek (46.188744, -123.588332); Blind Slough (46.20114, -123.584906); Big Creek (46.184561, -123.596303); John Day River (46.181573, -123.7404); Mill Creek (46.19298, -123.759637); upstream to endpoint(s) in: Unnamed (46.067847, -123.49896); Unnamed (46.155656, -123.731589); Unnamed (46.176667, -123.477624); Unnamed (46.180584, -123.796858); Unnamed (46.199516, -123.501455); Unnamed (46.211835, -123.534242); Unnamed (46.213817, -123.557667); Unnamed (46.219749, -123.496059); Bear Creek (46.122269, -123.636516); Big Creek (46.068744, -123.477937); Big Noise Creek (46.160378, -123.50188); Blind Slough (46.230154, -123.5256); Coon Creek (46.072977, -123.551698); Davis Creek (46.193487, -123.48968); Elk Creek (46.057446, -123.531954); Fertile Valley Creek (46.180229, -123.574191); McNary Creek (46.131584, -123.45871); Grizzly Slough (46.209179, -123.551962); Hillcrest Creek (46.155615, -123.633555); John Day River (46.151824, -123.718295); Gnat Creek (46.134382, -123.492375); Little Bear Creek (46.11197, -123.661934); Little Creek (46.138483, -123.606302); Marys Creek (46.136519, -123.685932); Mill Creek (46.143237, -123.582679); VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 Mud Creek (46.089977, -123.55188); Pigpen Creek (46.102416, -123.559042); Saspal Slough (46.213023, -123.5376); Supply Creek (46.163644, -123.538404). (iii) Grays Bay Watershed 1708000603. Outlet(s) = Unnamed (Lat 46.242128, Long -123.884815); Unnamed (46.242369, -123.889547); Unnamed (46.246062, -123.909891); Unnamed (46.249228, -123.863946); Unnamed (46.259183, -123.852059); Unnamed (46.260409, -123.850081); Unnamed (46.261711, -123.842086); Unnamed (46.269817, -123.830183); Crooked Creek (46.296355, -123.677056); Sisson Creek (46.301761, -123.72555); Chinook River (46.303571, -123.968574); Grays River (46.306824, -123.685025); Deep River (46.310771, -123.714286); Wallacut River (46.315209, -124.020283); upstream to endpoint(s) in: Unnamed (46.252832, -123.906587); Unnamed (46.255601, -123.883337); Unnamed (46.257057, -123.892766); Unnamed (46.261834, -123.877718); Unnamed (46.26971, -123.872478); Unnamed (46.272099, -123.863261); Unnamed (46.272788, -123.855154); Unnamed (46.273099, -123.847441); Unnamed (46.273923, -123.833921); Unnamed (46.27462, -123.841297); Unnamed (46.282558, -123.76132); Unnamed (46.289926, -123.938085); Unnamed (46.296119, -123.751262); Unnamed (46.305607, -123.945919); Unnamed (46.320823, -123.638104); Unnamed (46.332306, -123.674913); Unnamed (46.349054, -123.563997); Unnamed (46.362133, -123.397387); Unnamed (46.367197, -123.661101); Unnamed (46.370018, -123.661652); Unnamed (46.383643, -123.54663); Unnamed (46.3861, -123.399009); Unnamed (46.389563, -123.443531); Unnamed (46.398896, -123.603127); Unnamed (46.409223, -123.563384); Unnamed (46.40988, -123.591182); Unnamed (46.414991, -123.598881); Unnamed (46.419132, -123.377411); Unnamed (46.4231, -123.465561); Unnamed (46.427724, -123.449351); Unnamed (46.428912, -123.389161); Unnamed (46.429717, -123.393596); Unnamed (46.429964, -123.55265); Unnamed (46.432969, -123.434984); Unnamed (46.435352, -123.530908); Unnamed (46.440181, -123.389495); Unnamed (46.440236, -123.539966); Unnamed (46.445599, -123.389398); Unnamed (46.453434, -123.501054); Unnamed (46.466604, -123.486435); Unnamed (46.472739, -123.394404); Unnamed (46.478038, -123.431439); Beaver Creek (46.401593, -123.550548); Blaney Creek (46.403572, -123.442837); Cabin Creek (46.44222, -123.485741); Campbell Creek (46.358257, -123.709343); Chinook PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 2757 River (46.274479, -123.902553); Crooked Creek (46.313288, -123.59644); Deep River (46.354054, -123.688621); East Fork Grays River (46.42414, -123.36983); Empi Creek (46.31383, -123.638514); Fossil Creek (46.354523, -123.484306); Grays River (46.491024, -123.4354); Hendrickson Canyon (46.373524, -123.664774); Hendrickson Creek (46.361368, -123.655366); Honey Creek (46.375646, -123.603913); Hull Creek (46.405494, -123.57846); Impie Creek (46.318309, -123.617177); Johnson Creek (46.463847, -123.502087); Kessel Creek (46.33321, -123.586047); King Creek (46.34008, -123.577604); Klints Creek (46.352885, -123.546067); Lassila Creek (46.330703, -123.717849); Malone Creek (46.362725, -123.638537); Mitchell Creek (46.457074, -123.405992); North Fork South Fork Crooked Creek (46.302415, -123.588653); Rangila Slough (46.379454, -123.663919); Salme Creek (46.345311, -123.727176); Seal Creek (46.330013, -123.666112); Shannon Creek (46.397758, -123.544779); Silver Creek (46.361718, -123.606566); Sisson Creek (46.326508, -123.744171); South Creek (46.298871, -123.634124); South Fork Crooked Creek (46.291379, -123.594068); South Fork Grays River (46.378555, -123.338976); Sweigiler Creek (46.421912, -123.519244); Thadbar Creek (46.338413, -123.617861); Wallacut River (46.320188, -124.009121); West Fork Grays River (46.45098, -123.56517); Unnamed Creek (46.30366, -123.59053). (8) Clackamas Subbasin 17090011—(i) Collawash River Watershed 1709001101. Outlet(s) = Collowash River (Lat 45.032022, Long -122.061189); upstream to endpoint(s) in: Collawash River (44.950761, -122.036265); Fan Creek (44.990371, -122.070099); Farm Creek (44.964523, -122.056455); Hot Springs Fork (44.938225, -122.172924); Nohorn Creek (44.951768, -122.178914); Pansy Creek (44.961276, -122.142173); Thunder Creek (44.971026, -122.114357). (ii) Upper Clackamas River Watershed 1709001102. Outlet(s) = Clackamas River (Lat 45.032073, Long -122.060326); upstream to endpoint(s) in: Unnamed (44.921586, -121.891779); Unnamed (44.946758, -121.870376); Unnamed (44.965941, -121.890584); Unnamed (44.984829, -121.88591); Unnamed (45.00955, -121.913461); Unnamed (45.009742, -121.911448); Berry Creek (44.842515, -121.913476); Clackamas River (44.872157, -121.84842); Cub Creek (44.840609, -121.886756); Fawn Creek (44.918888, -121.906568); Hunter Creek (44.892373, -121.929425); Kansas Creek (44.983299, -121.898876); Last Creek (44.971428, E:\FR\FM\14JAP2.SGM 14JAP2 2758 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules srobinson on DSK4SPTVN1PROD with -121.855763); Lowe Creek (44.950581, -121.911761); Pinhead Creek (44.941643, -121.837499); Pot Creek (45.018321, -121.903626); Rhododendron Creek (44.935961, -121.905497); Wall Creek (44.954634, -121.88565); Wolf Creek (45.009327, -121.896447); Unnamed Creek (44.939221, -121.896788). (iii) Oak Grove Fork Clackamas River Watershed 1709001103. Outlet(s) = Oak Grove Fork Clackamas River (Lat 45.074631, Long -122.053402); upstream to endpoint(s) in: Oak Grove Fork Clackamas River (45.082079, -121.987346); Pint Creek (45.083562, -122.037835). (iv) Middle Clackamas River Watershed 1709001104. Outlet(s) = Clackamas River (Lat 45.243027, Long -122.28019); upstream to endpoint(s) in: Big Creek (45.071509, -122.07317); Clackamas River (45.032073, -122.060326); Fish Creek (45.067042, -122.165433); North Fork Clackamas River (45.239994, -122.223929); Oak Grove Fork Clackamas River (45.074631, -122.053402); Mag Creek (45.058467, -122.049959); Roaring River (45.1771, -122.066074); Sandstone Creek (45.088154, -122.075766); South Fork Clackamas River (45.193817, -122.226266); Tag Creek (45.060352, -122.048674); Tar Creek (45.049246, -122.058186); Trout Creek (45.037826, -122.073273); Wash Creek (45.047152, -122.190238); Whale Creek (45.110262, -122.085444). (v) Eagle Creek Watershed 1709001105. Outlet(s) = Eagle Creek (Lat 45.353023, Long -122.38235); upstream to endpoint(s) in: Unnamed (45.306541, -122.253481); Bear Creek (45.333888, -122.257969); Currin Creek (45.337212, -122.357579); Delph Creek (45.266726, -122.169986); Eagle Creek (45.276382, VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 -122.200963); Little Eagle Creek (45.301454, -122.167019); North Fork Eagle Creek (45.315132, -122.116618); Trout Creek (45.330806, -122.124752). (vi) Lower Clackamas River Watershed 1709001106. Outlet(s) = Clackamas River (Lat 45.372568, Long -122.607652); upstream to endpoint(s) in: Unnamed (45.258538, -122.299446); Unnamed (45.350086, -122.487187); Unnamed (45.367637, -122.306895); Unnamed (45.377873, -122.36847); Unnamed (45.405591, -122.323467); Unnamed (45.411148, -122.302642); Bargfeld Creek (45.319393, -122.440978); Clackamas River (45.243027, -122.28019); Clear Creek (45.204742, -122.332063); Deep Creek (45.341779, -122.281223); Foster Creek (45.377099, -122.440414); Goose Creek (45.361912, -122.356092); Little Clear Creek (45.194779, -122.32996); Little Clear Creek (45.279953, -122.406729); Mosier Creek (45.268224, -122.452581); North Fork Deep Creek (45.426893, -122.304417); Richardson Creek (45.409345, -122.450358); Rock Creek (45.41554, -122.502566); Tickle Creek (45.391446, -122.27456). (9) Lower Willamette Subbasin 17090012—(i) Johnson Creek Watershed 1709001201. Outlet(s) = Johnson Creek (Lat 45.443607, Long -122.646568); upstream to endpoint(s) in: Unnamed (45.395793, -122.637786); Unnamed (45.479793, -122.637275); Crystal Springs Creek (45.481991, -122.636282); Johnson Creek (45.460935, -122.344466); Kellogg Creek (45.416585, -122.599025); Kelly Creek (45.467217, -122.484045); Mount Scott Creek (45.430427, -122.557033); Oswego Creek (45.410712, -122.662215); Tryon Creek (45.447026, -122.687232); Willamette River (45.372568, -122.607652)). PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 (ii) Scappoose Creek Watershed 1709001202. Outlet(s) = Multnomah Channel (Lat 45.618917, Long -122.796356); Multnomah Channel (45.856115, -122.795022); upstream to endpoint(s) in: Brush Creek (45.811623, -122.98903); Cox Creek (45.857229, -122.945231); Dart Creek (45.880546, -122.886563); Deep Creek (45.789148, -122.918002); Fall Creek (45.80123, -122.93963); Gourlay Creek (45.728432, -122.95866); Lazy Creek (45.745352, -122.992007); Lizzie Creek (45.824543, -122.994287); McCarthy Creek (45.641171, -122.859938); McNulty Creek (45.836482, -122.859642); Milton Creek (45.910301, -122.975949); North Scappoose Creek (45.826402, -123.0147); Raymond Creek (45.72705, -122.929237); Salmon Creek (45.867532, -122.901361); South Scappoose Creek (45.76167, -123.011604); Sturgeon Lake (45.72323, -122.79232); Sturgeon Lake (45.749815, -122.802752); Sturgeon Lake (45.725503, -122.830343). (iii) Columbia Slough/Willamette River Watershed 1709001203. Outlet(s) = Willamette River (Lat 45.653521, Long -122.764965); upstream to endpoint(s) in: Swan Island Basin (45.565019, -122.713073); Columbia Slough (45.607691, -122.745914); Unnamed (45.615235, -122.740691); Unnamed (45.627985, -122.754739); Willamette River (45.443607, -122.646568). (10) Lower Columbia River Corridor— Lower Columbia River Corridor. Outlet(s) = Columbia River (Lat 46.2485, Long –124.0782) upstream to endpoint(s) in: Columbia River (Lat 45.605237, Long -121.633264). (11) Maps of critical habitat for the lower Columbia River coho salmon DPS follow: BILLING CODE 3510–22–P E:\FR\FM\14JAP2.SGM 14JAP2 2759 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules Map of the Lower Columbia River Coho ESU WASHINGTON ..,-.. . ., 17080005 .... ,... I ) I "\. .... 17070105 \ ., ., ,;.::::'" " <~PQO007\.l OREGON <'< 17.,980001 ..... '" ".I ..... ... '- '\ , .. 17090011 f 04.59 ; o 4<5 9 18 27 18 , , " f /"./- ... "lL ., . .:.". ' \ .. ,.- I 36 KlIo,melers ~ '\ l. ... " , " 27' <~ 36 ] MHes <~ 122'30'O"W o 122'0'0'W • i. Legend Area of Detail State Boundaries - ( ... '( Subbasin Boundaries ., . . Waterbodies VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4725 E:\FR\FM\14JAP2.SGM 14JAP2 EP14JA13.000</GPH> srobinson on DSK4SPTVN1PROD with IDAHO 2760 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules Proposed Critical Habitat for the Lower Columbia River Coho ESU Middle Columbia-Hood Subbasin 17070105 121 122"W"W \ " \, N 1 ~ l .lf6"O'O"N ( ,J ~ ( Ii ., "" ~ ~ i f!i' !r ~ i' . i 46"0'0"N "...,,"*'- "") I 09 10 "W l!: Husum ~ " '" 12 45"3O'O"N OREGON o .':ij.5a:i3_6i=::3i9... '1<nometers 1.5 3 12 -=-=__6c::=9__ o Miles 121"O'O'W Area of Detail Legend ® Cities I Towns ..rv- Critical Habitat - - State Boundary ('::~ Subbasin Boundary ::: ::: Watershed Boundaries This map does not show U.S. Department of Defense sites determined to be ineligible for designatiOn nor excluded areas associated with Indian lands and Habitat Conservation Plans; =watershed code -last 2 digits of 17070105xx see the regulatOly text for a description of these excluded areas. VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4725 E:\FR\FM\14JAP2.SGM 14JAP2 EP14JA13.001</GPH> srobinson on DSK4SPTVN1PROD with 06 - 13 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules 2761 Lower Columbia I Sandy Subbasin 17080001 Proposed Critical Habitat for the Lower Columbia River Coho ESU 122"O'O"W '122"30'O'W N ! WASHINGTON OREGON O~2~4"E8==~12 ._1~_.~ . O~1•. . . . . 5~3 6~~9. . . . 1~e 123 (1O'W 1n':rl'O'W Area of Detail Legend ® Cities I Towns ...rv- Critical Habitat - - State Boundary (':.:~ Subbasin Boundary ......., :•. ,,: Watershed Boundaries srobinson on DSK4SPTVN1PROD with VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4725 E:\FR\FM\14JAP2.SGM 14JAP2 EP14JA13.002</GPH> This map does not show U.S. Department of Defense sites determined to be Ineligible fOr designation nor excluded areas associated with Indian lands and Habitat Conservation Plans; see the regulatOl)' text for a deScription of these excluded areas. 01 • 09 " watershed code - fast 2 digitS of 17080001 xx 2762 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules Lewis Subbasin 17080002 Proposed Critical Habitat for the Lower Columbia River Coho ESU 'l22"30'O'W N i WASHINGTON ",,"'C"N ~ • ...c==~...~~~~ 024 .a~ o 1.5 3 ...c:===-....Miles ...:__ 6 9 12 OREGON Area of Detail Legend \WI Cities I Towns ~ Critical Habitat - - State Boundary c.::~ Subbasin Boundary :~:::: watershed Boundaries This map does not show U.S. Department of Defense sites detennined to be Ineligible for designation nor excluded areas associated with Indian lands and Habitat Conservation Plans; =Watershed code - last 2 digits of 17080002>0< see the regulatory text for a description of these excluded areas: VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4725 E:\FR\FM\14JAP2.SGM 14JAP2 EP14JA13.003</GPH> srobinson on DSK4SPTVN1PROD with 01 ·06 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules 2763 Lower Columbia I Clatskanie Subbasin 17080003 Proposed Critical Habitat for the Lower Columbia River Coho ESU WASHINGTON N i 2 ... 0il::iE 4 -==1.2_1a.clometers OREGON 0il:::il.• _ _ 5c3 6=::::i9_.. 1l.roles 123"0'0'W Area of Detail Legend ® Cities I Towns ...rv- Critical Habitat - - State Boundary (::~ Subbasin Boundary .... :., ,,: Watershed Boundaries ~., VerDate Mar<15>2010 This map does not show U.S. Department of Defense sHes determined to be inefigible for designation nor excluded areas associated with Indian lands and Habitat Conservation Plans; see the regulatory text for a description of these exclUded areas. =Watershed code -last 2 digits of 17080003xx 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4725 E:\FR\FM\14JAP2.SGM 14JAP2 EP14JA13.004</GPH> srobinson on DSK4SPTVN1PROD with 01 - 06 2764 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules Upper Cowlitz Subbasin Proposed Critical Habitat for the Lower Columbia River Coho ESU 17080004 121°3O'Q"W N i WASHINGTON 46"3Q'O"N o .• . .-===9 . . . .~1 S~3 . 12~o~~ o 1.252.5 -=-=__5 7.5 _ Miles .:::=_ 10 Area of Detail Legend @ Cities I Towns ...rv- Critical Habitat - - State Boundary (-:::~ Subbasin Boundary IDAHO :~ ~ : ~'~ Watershed Boundaries VerDate Mar<15>2010 This map does not show U.S. Department of Defense sites determined to be Ineligible for desIgnation nor excluded areas associated Wijlllndian lands and Habitat Conservation Plans; see the retlulatory text for a description of these excluded areas. =watershed code -lasl2 digits of 17080004xx 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4725 E:\FR\FM\14JAP2.SGM 14JAP2 EP14JA13.005</GPH> srobinson on DSK4SPTVN1PROD with 01 - 05 2765 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules Cowlitz Subbasin Proposed Critical Habitat for the Lower Columbia River Coho ESU 17080005 1Z!·0'1l"W WASHINGTON 46'3O'O"N N 024 o 1.252.5 12 5 16 KIlometers 7.5 10 Miles ....0'0'1'< 122"3O'O"W 123"O'O"W i 122"O'O"W Area of Detail Legend ~ Cities I Towns ""-- Critical Habitat - - State Boundary (::\ Subbasin Boundary :~ : : :': Watershed Boundaries srobinson on DSK4SPTVN1PROD with VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4725 E:\FR\FM\14JAP2.SGM 14JAP2 EP14JA13.006</GPH> This map does not show U.s. Department of Defense s~es determined 10 be ineligible for designation nor excluded areas associaledwilh Indian lands and HabiialConservalion Plans; see the regulatory text for a description of these exCluded areas. 01 - 08 = Watershed code -last 2 digits of 17080005xx 2766 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules Lower Columbia Subbasin Proposed Critical Habitat for the Lower Columbia River Coho ESU 17080006 WASHINGTON N i O.'C·2.52:i1.S...-=::=::i7.•_'·~Iom.te'" 5 -=-=__.c:==-__ o 1 2 4 6 SMiles OREGON Area of Detail Legend @ Cities I Towns ...rv- Critical Habitat - - State Boundary (::~ Subbasin Boundary { _ _ L - -_ _ :::::': Watershed Boundaries This map does not show U.S. Department of Defense sites determined to be ineligible fOr designation nor excluded areas associated with Indian lands and Habilat Conservation Plans; see the regulatory text for a description of these excluded areas. VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4725 E:\FR\FM\14JAP2.SGM 14JAP2 EP14JA13.007</GPH> srobinson on DSK4SPTVN1PROD with 01 - 03 = watershed code -last 2 digits of 170800Q6xx 2767 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules Clackamas Subbasin 17090011 Proposed Critical Habitat for the Lower Columbia River Coho ESU 122"O'O"W 122"JO'O"W 45'3O'Il'N N i OREGON 0iEjjl.5ic3 . .6c::=9 . . . . 12K1lometers O-=125iC2i·5_ _ .• 5==7:::1.5 ._1~iles . 122'"3O'Il'W Area of Detail Legend Cities I Towns @ ~ Critical Habitat - - State Boundary ('::~ Subbasin Boundary :~:: :'~ Watershed Boundaries VerDate Mar<15>2010 This map does not show u.s. Department of Defense sttes detennined to be ineligible fOr designation nor excluded areas associated With Indian lands and Habitat Conservation Plans; see the regulatory text fOr a description of these excluded areas. =Watershed code -last 2 digits of 17090011)0( 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4725 E:\FR\FM\14JAP2.SGM 14JAP2 EP14JA13.008</GPH> srobinson on DSK4SPTVN1PROD with 01 - 06 2768 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules Lower Willamette Subbasin 17090012 Proposed Critical Habitat for the Lower Columbia River Coho ESU 122'3O'O'W 123'O'1l'W WASHINGTON N i OREGON 9 _-==:il_.1~lomet.'" 3 0iEj1,5ir:::i1 1 2 o 4 8 ~.c"~===-_.M~. t22"30'O'W 128"'tY'O'W Area of Detail Legend @) Cities I Towns ~ Critical Habitat - - State Boundary (':.:~ Subbasin Boundary :~:: ~': watershed Boundaries srobinson on DSK4SPTVN1PROD with VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4725 E:\FR\FM\14JAP2.SGM 14JAP2 EP14JA13.009</GPH> This map does not show U.S. Department of Defense sites detennined to be ineligible for designation nor excluded areas aSSOCiated with Indian lands and Habitat Conservation Plans; see the regulatory text for a description of these excluded areas. 01 - 03 = Watershed code - last 2 digits of 17090012xx Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules 2769 Columbia River Rearing I Migration Corridor for the Lower Columbia River Coho ESU N i 5 1O 0ill::il.::.._20C=:::iI30_.~'lome..rs o U 9 • V $ -=::.:::=-_-===-__ Mlles 122~'O'W 123"3O'O'W Legend Lower Columbia River Corridor The lower ColumbIa River corridor Is that segment from the mouth of the Columbia River at the Pacific Ocean upstream to the confluence with the Hood River (Oregon). Cities I Towns ___ Critical Habitat srobinson on DSK4SPTVN1PROD with - - State Boundary BILLING CODE 3510–22–C VerDate Mar<15>2010 17:31 Jan 11, 2013 (u) Puget Sound Steelhead (Oncorhynchus mykiss). Critical habitat Jkt 229001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4702 is designated to include the areas defined in the following subbasins: E:\FR\FM\14JAP2.SGM 14JAP2 EP14JA13.010</GPH> ® Lower Columbia River Coho ESU srobinson on DSK4SPTVN1PROD with 2770 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules (1) Strait Of Georgia Subbasin 17110002—(i) Bellingham Bay 1711000201. Outlet(s) = Chuckanut Creek (Lat 48.700204, Long -122.4949); Padden Creek (48.720212, -122.507267); Squalicum Creek (48.761135, -122.508464); Whatcom Creek (48.754617, -122.482672); upstream to endpoint(s) in: Chuckanut Creek (48.695855, -122.459009); Padden Creek (48.716119, -122.492112); Squalicum Creek (48.800413, -122.401884); Toad Creek (48.790221, -122.420404); Unnamed (48.694566, -122.460342); Unnamed (48.749891, -122.443697); Unnamed (48.776621, -122.485934); Unnamed (48.798187, -122.478488); Unnamed (48.804196, -122.480665); Unnamed (48.808622, -122.395832); Unnamed (48.81125, -122.390305); Unnamed (48.818485, -122.394634); Whatcom Creek (48.755728, -122.439609). (ii) Samish River Watershed 1711000202. Outlet(s) = Samish River (Lat 48.554929, Long -122.456811); upstream to endpoint(s) in: Bear Creek (48.637599, -122.376587); Butler Creek (48.604896, -122.321047); Doolittle Creek (48.636011, -122.217771); Dry Creek (48.59728, -122.276992); Ennis Creek (48.656411, -122.192383); Friday Creek (48.648567, -122.371833); Parson Creek (48.601221, -122.282987); Silver Creek (48.64571, -122.329513); Swede Creek (48.558933, -122.226206); Thomas Creek (48.547551, -122.26923); Thunder Creek (48.597861, -122.214046); Unnamed (48.547031, -122.265845); Unnamed (48.601928, -122.266484); Unnamed (48.60898, -122.23177); Unnamed (48.624483, -122.220011); Unnamed (48.635349, -122.312454); Unnamed (48.684736, -122.198027); Vernon Creek (48.592764, -122.243096). (iii) Birch Bay 1711000204. Outlet(s) = California Creek (Lat 48.96192, Long -122.732814); Dakota Creek (48.971842, -122.723798); Terrell Creek (48.921475, -122.745208); Unnamed (48.937195, -122.752893); upstream to endpoint(s) in: California Creek (48.894356, -122.608319); Haynie Creek (48.991982, -122.649909); North Fork Dakota Creek (48.984477, -122.568636); South Fork Dakota Creek (48.946745, -122.620945); Terrell Creek (48.873999, -122.688964); Unnamed (48.89583, -122.753422); Unnamed (48.937989, -122.750521); Unnamed (48.973734, -122.66835); Unnamed (48.978003, -122.695909); Unnamed (48.980675, -122.707693). (2) Nooksack Subbasin 17110004—(i) Upper North Fork Nooksack River Watershed 1711000401. Outlet(s) = Canyon Creek (Lat 48.90661, Long -121.989864); North Fork Nooksack River (48.90561, -121.987814); upstream to endpoint(s) in: Canyon Creek VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 (48.965226, -121.876396); Cascade Creek (48.898964, -121.863499); Cornell Creek (48.87524, -121.956735); Deadhorse Creek (48.902507, -121.837147); Gallop Creek (48.864748, -121.950975); Glacier Creek (48.841264, -121.903083); Hedrick Creek (48.89601, -121.971728); North Fork Nooksack River (48.905296, -121.8089); Thompson Creek (48.890132, -121.878197); West Cornell Creek (48.856057, -121.988578). (ii) Middle Fork Nooksack River Watershed 1711000402. Outlet(s) = Canyon Creek (Lat 48.835008, Long -122.153051); Middle Fork Nooksack River (48.833037, -122.153128); upstream to endpoint(s) in: Canyon Creek (48.841923, -122.103727); Heislers Creek (48.778707, -122.092743); Middle Fork Nooksack River (48.771145, -122.072977); Porter Creek (48.794092, -122.103694); Unnamed (48.779218, -122.121048); Unnamed (48.780767, -122.116975); Unnamed (48.787472, -122.12477); Unnamed (48.820768, -122.122144). (iii) South Fork Nooksack River Watershed 1711000403. Outlet(s) = South Fork Nooksack River (Lat 48.807821, Long -122.20252); upstream to endpoint(s) in: Bell Creek (48.69622, -121.87518); Cavanaugh Creek (48.638874, -122.057619); Deer Creek (48.603978, -122.092479); Hard Scrabble Falls Creek (48.759936, -122.22864); Howard Creek (48.612814, -121.966548); Hutchinson Creek (48.722661, -122.098154); Jones Creek (48.715065, -122.215748); Loomis Creek (48.665079, -121.815934); Mccarty Creek (48.727377, -122.219879); Mcginnis Creek (48.61109, -121.958839); Plumbago Creek (48.6042, -122.106088); Skookum Creek (48.68695, -122.104163); Standard Creek (48.74615, -122.224446); Sygitowicz Creek (48.772017, -122.228041); Unnamed (48.600525, -122.039331); Unnamed (48.600658, -122.022203); Unnamed (48.60222, -122.059486); Unnamed (48.602513, -122.016247); Unnamed (48.602549, -122.004019); Unnamed (48.604219, -121.992247); Unnamed (48.604523, -121.915611); Unnamed (48.60642, -121.930219); Unnamed (48.607985, -121.918823); Unnamed (48.608266, -121.911587); Unnamed (48.609571, -121.982189); Unnamed (48.61019, -121.954851); Unnamed (48.630045, -122.118545); Unnamed (48.661705, -122.11915); Unnamed (48.679949, -121.933538); Unnamed (48.681, -122.176044); Unnamed (48.687907, -122.159547); Unnamed (48.69125, -121.932816); Unnamed (48.698785, -121.912135); Unnamed (48.700841, -121.880954); Unnamed (48.70222, -122.109268); Unnamed (48.725471, -122.168225); Unnamed PO 00000 Frm 00046 Fmt 4701 Sfmt 4702 (48.738227, -122.105899); Unnamed (48.745076, -122.11099); Unnamed (48.776775, -122.221381); Unnamed (48.78219, -122.218602); Unnamed (48.799589, -122.186071); Wanlick Creek (48.66309, -121.801322). (iv) Lower North Fork Nooksack River Watershed 1711000404. Outlet(s) = Anderson Creek (Lat 48.866658, Long -122.324286); Nooksack River (48.869803, -122.319417); upstream to endpoint(s) in: Anderson Creek (48.797051, -122.32598); Bell Creek (48.849394, -122.163142); Boulder Creek (48.936973, -122.02081); Canyon Creek (48.90661, -121.989864); Coal Creek (48.890899, -122.15529); Kendall Creek (48.941107, -122.133842); Kenney Creek (48.851169, -122.11389); Maple Creek (48.926054, -122.07647); Mitchell Creek (48.831119, -122.218653); North Fork Nooksack River (48.90561, -121.987814); Racehorse Creek (48.881706, -122.128437); Smith Creek (48.843717, -122.255666); South Fork Nooksack River (48.807821, -122.20252); Unnamed (48.809155, -122.328886); Unnamed (48.816885, -122.229843); Unnamed (48.830856, -122.173308); Unnamed (48.834543, -122.153069); Unnamed (48.843097, -122.158088); Unnamed (48.850754, -122.120796); Unnamed (48.899154, -122.092519); Unnamed (48.901819, -122.078973); Unnamed (48.902047, -122.083185); Unnamed (48.911444, -122.01855); Unnamed (48.912051, -122.063062); Unnamed (48.913227, -122.036411); Unnamed (48.916696, -122.103739); Wildcat Creek (48.896003, -122.005239). (v) Nooksack River Watershed 1711000405. Outlet(s) = Nooksack River (Lat 48.773567, Long -122.599888); Silver Creek (48.780374, -122.56738); upstream to endpoint(s) in: Anderson Creek (48.866658, -122.324286); Bertrand Creek (49.000000, -122.524755); Fishtrap Creek (49.000000, -122.406584); Fourmile Creek (48.888842, -122.422525); Mormon Ditch (48.943782, -122.382402); Nooksack River (48.869803, -122.319417); Pepin Creek (49.000000, -122.473673); Stickney Slough (48.971492, -122.390969); Tenmile Creek (48.841838, -122.377054); Unnamed (48.840108, -122.411055); Unnamed (48.849253, -122.431795); Unnamed (48.854029, -122.477112); Unnamed (48.854666, -122.439035); Unnamed (48.870978, -122.599973); Unnamed (48.896998, -122.339775); Unnamed (48.913285, -122.364233); Unnamed (48.926314, -122.591314); Unnamed (48.967318, -122.524502); Unnamed (48.998264, -122.501263); Unnamed (49.000000, -122.474268). E:\FR\FM\14JAP2.SGM 14JAP2 srobinson on DSK4SPTVN1PROD with Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules (3) Upper Skagit Subbasin 17110005—(i) Skagit River/Gorge Lake Watershed 1711000504. Outlet(s) = Goodell Creek (Lat 48.674399, Long -121.26504); Skagit River (48.672375, -121.262508); upstream to endpoint(s) in: Goodell Creek (48.729929, -121.314); Newhalem Creek (48.664832, -121.255072); Skagit River (48.676125, -121.241661). (ii) Skagit River/Diobsud Creek Watershed 1711000505. Outlet(s) = Skagit River (48.522186, -121.431634); upstream to endpoint(s) in: Alma Creek (48.599105, -121.36141); Bacon Creek (48.675306, -121.453097); Copper Creek (48.588469, -121.370907); Damnation Creek (48.627647, -121.339559); Diobsud Creek (48.583981, -121.441197); East Fork Bacon Creek (48.669034, -121.430334); Falls Creek (48.633251, -121.427043); Oakes Creek (48.619075, -121.412357); Skagit River (48.672375, -121.262508); Thorton Creek (48.649594, -121.307697); Unnamed (48.550953, -121.419261); Unnamed (48.627482, -121.324941); Unnamed (48.630803, -121.424055); Unnamed (48.652391, -121.297267); Unnamed (48.65642, -121.293119); Unnamed (48.657949, -121.279141); Unnamed (48.659526, -121.281845); Unnamed (48.659652, -121.284867). (iii) Cascade River Watershed 1711000506. Outlet(s) = Cascade River (Lat 48.52147, Long -121.431469); upstream to endpoint(s) in: Boulder Creek (48.511828, -121.363515); Cascade River (48.422406, -121.124592); Clark Creek (48.519616, -121.404247); Found Creek (48.481464, -121.244895); Jordan Creek (48.479149, -121.396302); Kindy Creek (48.40346, -121.19997); North Fork Cascade River (48.46574, -121.165301); Sibley Creek (48.511764, -121.255306); Unnamed (48.516916, -121.369934); Unnamed (48.519853, -121.355352); Unnamed (48.522841, -121.416253); Unnamed (48.540716, -121.187277). (iv) Skagit River/illabot Creek Watershed 1711000507. Outlet(s) = Skagit River (Lat 48.533888, Long -121.736697); upstream to endpoint(s) in: Aldon Creek (48.490787, -121.655981); Barr Creek (48.494766, -121.553562); Cascade River (48.52147, -121.431469); Corkindale Creek (48.523793, -121.481226); Illabot Creek (48.420072, -121.375128); Jackman Creek (48.52921, -121.696976); Mcleod Slough (48.478113, -121.628016); Miller Creek (48.483633, -121.657553); Olson Creek (48.554876, -121.448159); Rocky Creek (48.507094, -121.497771); Sauk River (48.48173, -121.607129); Skagit River (48.522186, -121.431634); Sutter Creek (48.495127, -121.549745); Unnamed (48.471463, -121.542227); VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 Unnamed (48.485698, -121.594461); Unnamed (48.487325, -121.545692); Unnamed (48.487425, -121.533453); Unnamed (48.501107, -121.661145). (v) Baker River Watershed 1711000508. Outlet(s) = Baker River (Lat 48.533879, Long -121.736713); upstream to endpoint(s) in: Baker River (48.820068, -121.428469); Bald Eagle Creek (48.786682, -121.426929); Blum Creek (48.753095, -121.54535); Little Sandy Creek (48.704049, -121.698077); Morovitz Creek (48.745746, -121.677314); Park Creek (48.74079, -121.681977); Pass Creek (48.814934, -121.463275); Rocky Creek (48.645389, -121.707383); Skagit River (48.533888, -121.736697); Swift Creek (48.753261, -121.65719); Unnamed (48.734467, -121.636766). (4) Sauk Subbasin 17110006—(i) Upper Sauk River Watershed 1711000601. Outlet(s) = Sauk River (Lat 48.173216, Long -121.472863); upstream to endpoint(s) in: Bedal Creek (48.079796, -121.392862); Black Oak Creek (48.178866, -121.45057); Camp Creek (48.150358, -121.280495); Chocwich Creek (48.072804, -121.399295); Crystal Creek (48.182984, -121.360841); Dead Duck Creek (48.179803, -121.373501); Elliott Creek (48.055379, -121.415773); Falls Creek (48.136819, -121.432256); Martin Creek (48.091595, -121.402576); North Fork Sauk River (48.096, -121.372171); Owl Creek (48.162177, -121.295991); Peek-ABoo Creek (48.149748, -121.441535); South Fork Sauk River (47.986322, -121.393336); Stujack Creek (48.176825, -121.392682); Swift Creek (48.099536, -121.40116); Unnamed (48.117404, -121.416221); Unnamed (48.164324, -121.447051); Unnamed (48.165143, -121.33003); Weden Creek (47.986316, -121.44378); White Chuck River (48.09948, -121.182565). (ii) Upper Suiattle River Watershed 1711000602. Outlet(s) = Suiattle River (48.258351, -121.224572); upstream to endpoint(s) in: Downey Creek (48.28262, -121.209548); Suiattle River (48.210571, -121.088734); Sulphur Creek (48.256889, -121.174591). (iii) Lower Suiattle River Watershed 1711000603. Outlet(s) = Suiattle River (Lat 48.335583, Long -121.547106); upstream to endpoint(s) in: All Creek (48.288401, -121.429156); Big Creek (48.343084, -121.441273); Black Creek (48.258382, -121.402801); Buck Creek (48.275388, -121.327822); Captain Creek (48.258384, -121.276479); Circle Creek (48.257783, -121.339964); Conrad Creek (48.276814, -121.414421); Harriet Creek (48.24803, -121.30351); Lime Creek (48.244288, -121.294507); Suiattle River (48.258351, -121.224572); Tenas Creek (48.336889, -121.431586); Unnamed PO 00000 Frm 00047 Fmt 4701 Sfmt 4702 2771 (48.268285, -121.347595); Unnamed (48.2897, -121.432205); Unnamed (48.295835, -121.432122); Unnamed (48.303544, -121.423863). (iv) Lower Sauk River Watershed 1711000604. Outlet(s) = Mcleod Slough (Lat 48.478113, Long -121.628016); Sauk River (48.48173, -121.607129); upstream to endpoint(s) in: Clear Creek (48.202408, -121.569295); Dan Creek (48.265631, -121.540646); Dutch Creek (48.179125, -121.486809); Everett Creek (48.283836, -121.526243); Goodman Creek (48.185225, -121.499311); Hilt Creek (48.440932, -121.573433); Murphy Creek (48.183863, -121.523654); Rinker Creek (48.395207, -121.583449); Sauk River (48.173216, -121.472863); Suiattle River (48.335583, -121.547106); Unnamed (48.235207, -121.590179); Unnamed (48.282638, -121.530751); Unnamed (48.286653, -121.524888); Unnamed (48.305253, -121.545097); Unnamed (48.439232, -121.616077); White Creek (48.403202, -121.537828). (5) Lower Skagit Subbasin 17110007—(i) Middle Skagit River/ Finney Creek Watershed 1711000701. Outlet(s) = Skagit River (Lat 48.488951, Long -122.217614); upstream to endpoint(s) in: Alder Creek (48.552575, -121.932183); Boyd Creek (48.504855, -121.892273); Childs Creek (48.536412, -122.080267); Coal Creek (48.533942, -122.153196); Cumberland Creek (48.510468, -121.993332); Day Creek (48.406901, -121.97766); Finney Creek (48.465302, -121.687051); Gilligan Creek (48.48009, -122.130644); Grandy Creek (48.561171, -121.818094); Hansen Creek (48.559859, -122.208046); Jones Creek (48.558032, -122.046527); Loretta Creek (48.492814, -122.018527); Marietta Creek (48.511246, -121.930245); Mill Creek (48.500192, -121.873597); Muddy Creek (48.545767, -121.985109); O Toole Creek (48.508466, -121.919329); Pressentin Creek (48.509721, -121.846156); Quartz Creek (48.50301, -121.788233); Red Cabin Creek (48.552388, -122.016014); Skagit River (48.533385, -121.737928); Sorenson Creek (48.488763, -122.104541); Unnamed (48.480893, -122.141637); Unnamed (48.489945, -122.098925); Unnamed (48.495815, -121.753486); Unnamed (48.506371, -122.061784); Unnamed (48.509168, -122.104561); Unnamed (48.514861, -122.118166); Unnamed (48.528239, -122.166675); Unnamed (48.528601, -122.102507); Unnamed (48.535185, -122.087068); Unnamed (48.536394, -122.085423); Unnamed (48.537986, -122.186437); Unnamed (48.542105, -122.059915); Unnamed (48.547274, -122.185153); Unnamed (48.547956, -122.187094); Unnamed (48.548129, -121.954555); E:\FR\FM\14JAP2.SGM 14JAP2 srobinson on DSK4SPTVN1PROD with 2772 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules Unnamed (48.550762, -122.195456); Unnamed (48.552902, -121.959069); Unnamed (48.558115, -122.198368); Unnamed (48.558227, -121.99464); Unnamed (48.561171, -121.818094); Unnamed (48.562984, -121.811731); Unnamed (48.55177, -122.204332); Wiseman Creek (48.532064, -122.135004). (ii) Lower Skagit River/Nookachamps Creek Watershed 1711000702. Outlet(s) = Freshwater Slough (Lat 48.310713, Long -122.389592); North Fork Skagit River (48.362362, -122.470128); South Fork Skagit River (48.291833, -122.368233); upstream to endpoint(s) in: Britt Slough (48.393312, -122.358366); Carpenter Creek (48.394245, -122.277339); East Fork Nookachamps Creek (48.404247, -122.180275); Fisher Creek (48.30521, -122.296248); Lake Creek (48.324016, -122.224344); Skagit River (48.488951, -122.217614); Turner Creek (48.447398, -122.195845); Unnamed (48.358837, -122.422683); Unnamed (48.366754, -122.41293); Unnamed (48.43207, -122.314617); Unnamed (48.380192, -122.17967); Walker Creek (48.375354, -122.176074). (6) Stillaguamish Subbasin 17110008—(i) North Fork Stillaguamish River Watershed 1711000801. Outlet(s) = North Fork Stillaguamish River (Lat 48.203615, Long -122.126717); upstream to endpoint(s) in: Boulder River (48.245122, -121.828242); Brooks Creek (48.289564, -121.906883); Deer Creek (48.364935, -121.794539); Deforest Creek (48.393279, -121.853014); Dicks Creek (48.300579, -121.836549); French Creek (48.239427, -121.774131); Fry Creek (48.256369, -121.897103); Furland Creek (48.25189, -121.699139); Grant Creek (48.295612, -122.031716); Hell Creek (48.252119, -121.964447); Higgins Creek (48.329407, -121.791932); Little Deer Creek (48.431748, -121.938181); Montague Creek (48.250887, -121.867164); Moose Creek (48.253373, -121.710713); North Fork Stillaguamish River (48.296662, -121.636091); Rick Creek (48.349662, -121.899994); Rock Creek (48.272543, -122.09922); Rollins Creek (48.292951, -121.851904); Segelsen Creek (48.301774, -121.705063); Snow Gulch (48.241837, -121.688972); Squire Creek (48.201836, -121.630783); Unnamed (48.225817, -122.090659); Unnamed (48.23139, -122.079834); Unnamed (48.236267, -121.625132); Unnamed (48.236753, -122.051497); Unnamed (48.243945, -121.64302); Unnamed (48.24766, -122.036676); Unnamed (48.252573, -122.029955); Unnamed (48.255611, -121.714995); Unnamed (48.256057, -122.095346); Unnamed (48.256367, -121.939918); Unnamed (48.256695, VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 -122.025848); Unnamed (48.257104, -121.90825); Unnamed (48.258393, -122.05691); Unnamed (48.258869, -121.764439); Unnamed (48.259213, -121.70866); Unnamed (48.263641, -121.763092); Unnamed (48.264861, -121.758039); Unnamed (48.265601, -122.004059); Unnamed (48.267786, -122.043722); Unnamed (48.268038, -121.715334); Unnamed (48.272044, -121.726641); Unnamed (48.27601, -121.935088); Unnamed (48.277489, -122.036087); Unnamed (48.27989, -121.990779); Unnamed (48.281081, -121.995266); Unnamed (48.281713, -121.649707); Unnamed (48.283383, -121.683334); Unnamed (48.28395, -121.646562); Unnamed (48.284296, -121.658284); Unnamed (48.28446, -121.920135); Unnamed (48.285216, -121.62783); Unnamed (48.2891, -121.769358); Unnamed (48.289217, -121.680426); Unnamed (48.289395, -121.755674); Unnamed (48.289507, -121.702145); Unnamed (48.290513, -121.743771); Unnamed (48.290671, -121.721475); Unnamed (48.290801, -121.746827); Unnamed (48.291004, -121.691566); Unnamed (48.291597, -121.693818); Unnamed (48.294273, -121.732756); Unnamed (48.294703, -121.826142); Unnamed (48.294855, -121.94067); Unnamed (48.295803, -121.789706); Unnamed (48.296128, -121.825352); Unnamed (48.297676, -121.802133); Unnamed (48.319239, -121.964661); Unnamed (48.359397, -121.920923); Unnamed (48.361324, -121.93455); Unnamed (48.365655, -121.915496); Unnamed (48.366918, -121.941311); Unnamed (48.367183, -121.958052); Unnamed (48.367255, -121.956483); Unnamed (48.367469, -121.95337); Unnamed (48.370765, -121.89953); Unnamed (48.371334, -121.834956); Unnamed (48.372057, -121.893537); Unnamed (48.37667, -121.887195); Unnamed (48.384027, -121.879147); Unnamed (48.410307, -121.91761); Unnamed (48.297464, -121.81382); Unnamed (48.321184, -121.95493). (ii) South Fork Stillaguamish River Watershed 1711000802. Outlet(s) = North Fork Stillaguamish River (Lat 48.203615, Long -122.126716); South Fork Stillaguamish River (48.203615, -122.126717); upstream to endpoint(s) in: Bear Creek (48.064612, -121.729061); Bear Creek (48.184588, -122.027434); Beaver Creek (48.088637, -121.513947); Bender Creek (48.066866, -121.589809); Benson Creek (48.10167, -121.738611); Blackjack Creek (48.051331, -121.624223); Boardman Creek (48.04009, -121.674988); Buck Creek (48.051042, -121.469806); Coal Creek (48.093827, -121.535554); Cranberry PO 00000 Frm 00048 Fmt 4701 Sfmt 4702 Creek (48.121886, -121.803277); Cub Creek (48.211009, -121.940174); Deer Creek (48.094863, -121.554797); Eldredge Creek (48.074512, -121.637347); Gordon Creek (48.086169, -121.660042); Hawthorn Creek (48.078912, -121.8082); Heather Creek (48.086826, -121.782066); Hempel Creek (48.075711, -121.743146); Jim Creek (48.209443, -121.929313); Mallardy Creek (48.067197, -121.657137); Marten Creek (48.079769, -121.613497); North Fork Canyon Creek (48.17598, -121.82868); Palmer Creek (48.0427, -121.474893); Perry Creek (48.077976, -121.482351); Rotary Creek (48.092322, -121.828833); Schweitzer Creek (48.06862, -121.69012); Siberia Creek (48.174184, -122.039681); South Fork Canyon Creek (48.153787, -121.785021); South Fork Stillaguamish River (48.028261, -121.483458); Triple Creek (48.077106, -121.798123); Turlo Creek (48.108542, -121.764124); Twentytwo Creek (48.075825, -121.758819); Unnamed (48.047402, -121.505486); Unnamed (48.05552, -121.520966); Unnamed (48.075811, -121.563225); Unnamed (48.077807, -121.591337); Unnamed (48.080052, -121.580689); Unnamed (48.082802, -121.695828); Unnamed (48.084671, -121.683128); Unnamed (48.090013, -121.877766); Unnamed (48.091037, -121.815954); Unnamed (48.094741, -121.861679); Unnamed (48.100032, -121.796066); Unnamed (48.102487, -121.760967); Unnamed (48.106381, -121.783693); Unnamed (48.107979, -121.790154); Unnamed (48.110592, -121.795323); Unnamed (48.11262, -121.80435); Unnamed (48.117007, -121.82596); Unnamed (48.118957, -121.83034); Unnamed (48.125862, -122.006135); Unnamed (48.131466, -121.905515); Unnamed (48.131881, -121.883717); Unnamed (48.134683, -121.938153); Unnamed (48.139202, -122.040321); Unnamed (48.140702, -121.932885); Unnamed (48.141896, -121.932379); Unnamed (48.143639, -121.932372); Unnamed (48.14431, -121.924623); Unnamed (48.14619, -122.017379); Unnamed (48.151471, -122.062372); Unnamed (48.19464, -122.074897); Unnamed (48.199265, -122.091343); Unnamed (48.212118, -121.923782); Unnamed (48.21329, -122.028497); Unnamed (48.216753, -122.005396); Unnamed (48.219125, -121.989143); Unnamed (48.219724, -121.994297); Unnamed (48.224672, -121.975855); Unnamed (48.227563, -121.937492); Unnamed (48.233562, -121.953975); Wiley Creek (48.092015, -121.720605); Wisconsin Creek (48.068182, -121.719162). E:\FR\FM\14JAP2.SGM 14JAP2 srobinson on DSK4SPTVN1PROD with Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules (iii) Lower Stillaguamish River Watershed 1711000803. Outlet(s) = Hat Slough (Lat 48.198102, Long -122.359125); Stillaguamish River (48.238335, -122.376115); upstream to endpoint(s) in: Church Creek (48.26413, -122.283181); Freedom Creek (48.271454, -122.314228); Harvey Creek (48.233538, -122.128366); Jackson Gulch (48.210323, -122.241546); North Fork Stillaguamish River (48.203615, -122.126716); Pilchuck Creek (48.317396, -122.149205); Portage Creek (48.178785, -122.182919); Stillaguamish River (48.203562, -122.126899); Unnamed (48.171029, -122.260136); Unnamed (48.186672, -122.277088); Unnamed (48.195788, -122.283335); Unnamed (48.195835, -122.168612); Unnamed (48.196884, -122.166822); Unnamed (48.20183, -122.295689); Unnamed (48.203545, -122.315975); Unnamed (48.203747, -122.19962); Unnamed (48.214373, -122.151954); Unnamed (48.224202, -122.14526); Unnamed (48.227416, -122.199181); Unnamed (48.232175, -122.226793); Unnamed (48.23644, -122.226298); Unnamed (48.240242, -122.207791); Unnamed (48.241888, -122.201199); Unnamed (48.251066, -122.202687); Unnamed (48.256206, -122.197528); Unnamed (48.262756, -122.185006); Unnamed (48.271258, -122.316101); Unnamed (48.281636, -122.206013); Unnamed (48.300059, -122.213286); Unnamed (48.303378, -122.161323). (7) Skykomish Subbasin 17110009— (i) Tye and Beckler Rivers Watershed 1711000901. Outlet(s) = Beckler River (Lat 47.715467, Long -121.341085); South Fork Skykomish River (47.71526, -121.339458); upstream to endpoint(s) in: Alpine Creek (47.70063, -121.253227); Beckler River (47.86115, -121.306314); East Fork Foss River (47.648892, -121.276727); Rapid River (47.819406, -121.237866); Tye River (47.717046, -121.226571); West Fork Foss River (47.627377, -121.310419). (ii) Skykomish River Forks Watershed 1711000902. Outlet(s) = North Fork Skykomish River (Lat 47.813603, Long -121.577995); South Fork Skykomish River (47.812617, -121.577943); upstream to endpoint(s) in: Barclay Creek (47.791478, -121.48993); Bear Creek (47.889803, -121.382157); Beckler River (47.715467, -121.341085); Bitter Creek (47.841172, -121.50341); Bridal Veil Creek (47.798538, -121.56095); East Fork Miller River (47.648482, -121.373599); Excelsior Creek (47.869782, -121.486781); Goblin Creek (47.925037, -121.311518); Index Creek (47.759736, -121.496132); Kimball Creek (47.701302, -121.431138); Lewis Creek (47.81892, -121.505851); Maloney Creek (47.704343, -121.354423); Money Creek VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 (47.707177, -121.442116); North Fork Skykomish River (47.920573, -121.303744); Salmon Creek (47.904002, -121.467022); Silver Creek (47.940366, -121.437503); Snowslide Gulch (47.857696, -121.508333); South Fork Skykomish River (47.71526, -121.339458); Troublesome Creek (47.899315, -121.400435); Trout Creek (47.832847, -121.433624); West Cady Creek (47.897548, -121.305775); West Fork Miller River (47.665692, -121.400066). (iii) Skykomish River/wallace River Watershed 1711000903. Outlet(s) = Mccoy Creek (Lat 47.847628, Long -121.824315); Skykomish River (47.860377, -121.819105); Unnamed (47.855571, -121.819268); upstream to endpoint(s) in: Anderson Creek (47.8044, -121.596583); Deer Creek (47.818891, -121.581685); Duffey Creek (47.833436, -121.689636); Hogarty Creek (47.842003, -121.612106); May Creek (47.856805, -121.632414); Mccoy Creek (47.831308, -121.826994); North Fork Skykomish River (47.813603, -121.577995); North Fork Wallace River (47.879351, -121.659897); Olney Creek (47.879416, -121.717566); Proctor Creek (47.816171, -121.652091); South Fork Skykomish River (47.812617, -121.577943); Unnamed (47.823821, -121.641583); Unnamed (47.854927, -121.788254); Unnamed (47.857101, -121.75812); Unnamed (47.858007, -121.797344); Unnamed (47.860413, -121.635072); Unnamed (47.84923, -121.784034); Unnamed (47.855893, -121.752873); Wagleys Creek (47.873165, -121.773098); Wallace River (47.877046, -121.645838). (iv) Sultan River Watershed 1711000904. Outlet(s) = Sultan River (Lat 47.861005, Long -121.820933); upstream to endpoint(s) in: Sultan River (47.959618, -121.796288); Unnamed (47.887034, -121.829974). (v) Skykomish River/Woods Creek Watershed 1711000905. Outlet(s) = Skykomish River (Lat 47.829872, Long -122.045091); upstream to endpoint(s) in: Barr Creek (Lat 47.829715, -121.905589); Carpenter Creek (48.015168, -121.930236); Elwell Creek (47.803646, -121.853672); Foye Creek (47.822602, -121.970674); High Rock Creek (47.837811, -121.959755); Mccoy Creek (47.847628, -121.824315); Richardson Creek (47.886315, -121.943935); Riley Slough (47.844202, -121.936904); Skykomish River (47.847403, -121.886481); Skykomish River (47.852292, -121.878907); Skykomish River (47.854738, -121.82681); Sorgenfrei Creek (47.961588, -121.934368); Sultan River (47.861005, -121.820933); Unnamed (47.818865, -122.005592); Unnamed PO 00000 Frm 00049 Fmt 4701 Sfmt 4702 2773 (47.81969, -122.00526); Unnamed (47.829214, -121.844279); Unnamed (47.855571, -121.819268); Unnamed (47.88559, -121.921368); Unnamed (47.828244, -122.013516); Unnamed (47.834405, -122.016728); Unnamed (47.834695, -122.021191); Unnamed (47.836191, -121.980947); Unnamed (47.839322, -121.952037); Unnamed (47.839419, -121.843256); Unnamed (47.842963, -121.90049); Unnamed (47.844848, -121.889155); Unnamed (47.851422, -121.852499); Unnamed (47.853708, -121.907276); Unnamed (47.853713, -121.91338); Unnamed (47.857546, -121.830245); West Fork Woods Creek (47.983648, -121.957293); Woods Creek (47.895095, -121.875437); Youngs Creek (47.807915, -121.83447). (8) Snoqualmie Subbasin 17110010— (i) Middle Fork Snoqualmie River Watershed 1711001003. Outlet(s) = Langlois Creek (Lat 47.635728, Long -121.90751); Snoqualmie River (47.640786, -121.927225); upstream to endpoint(s) in: Canyon Creek (47.568828, -121.981984); East Fork Griffin Creek (47.667678, -121.79524); Griffin Creek (47.679643, -121.802134); Lake Creek (47.506498, -121.871475); Langlois Creek (47.632423, -121.900585); Langlois Creek (47.63436, -121.910479); Patterson Creek (47.643294, -122.008601); Raging River (47.443286, -121.841753); Snoqualmie River (47.54132, -121.837391); Tokul Creek (47.556115, -121.829753); Unnamed (47.435758, -121.840802); Unnamed (47.469131, -121.887371); Unnamed (47.552211, -121.892074); Unnamed (47.55902, -121.959053); Unnamed (47.594862, -121.869153); Unnamed (47.602188, -121.86105); Unnamed (47.611929, -121.844129); Unnamed (47.617761, -121.987517); Unnamed (47.620823, -121.818809); Unnamed (47.67586, -121.821881); Unnamed (47.550625, -121.860269); Unnamed (47.573184, -121.882046); Unnamed (47.574562, -121.935597); Unnamed (47.574643, -121.923532); Unnamed (47.575296, -121.934856); Unnamed (47.575302, -121.928863); Unnamed (47.577661, -121.922239); Unnamed (47.580744, -121.89107); Unnamed (47.604032, -121.909863); Unnamed (47.60579, -121.908524); Unnamed (47.611586, -121.940718); Unnamed (47.61275, -121.923865); Unnamed (47.619886, -121.913184); Unnamed (47.624753, -121.913661). (ii) Lower Snoqualmie River Watershed 1711001004. Outlet(s) = Snohomish River (47.832905, -122.05029); Unnamed (47.818865, -122.005592); upstream to endpoint(s) in: Adair Creek (47.713532, -122.00603); Cherry Creek (47.763031, -121.881467); Langlois Creek (47.635728, -121.90751); E:\FR\FM\14JAP2.SGM 14JAP2 srobinson on DSK4SPTVN1PROD with 2774 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules Margaret Creek (47.754562, -121.894491); North Fork Cherry Creek (47.747274, -121.922417); North Fork Creek (47.709704, -121.813858); Pearson Eddy Creek (47.7629, -121.993362); Peoples Creek (47.797003, -121.969785); Snoqualmie River (47.640786, -121.927225); South Fork Tolt River (47.692382, -121.690691); Stossel Creek (47.760057, -121.854479); Tolt River (47.639682, -121.925064); Tuck Creek (47.760138, -122.029513); Unnamed (47.66549, -121.969734); Unnamed (47.688103, -121.841747); Unnamed (47.697681, -121.877351); Unnamed (47.699359, -121.72867); Unnamed (47.711538, -121.835344); Unnamed (47.718309, -121.778212); Unnamed (47.719516, -121.683676); Unnamed (47.721128, -121.842676); Unnamed (47.721491, -121.711688); Unnamed (47.72187, -121.872933); Unnamed (47.639628, -121.916512); Unnamed (47.644835, -121.876373); Unnamed (47.652724, -121.927754); Unnamed (47.653832, -121.900784); Unnamed (47.663562, -121.912794); Unnamed (47.666377, -121.921884); Unnamed (47.66645, -121.968042); Unnamed (47.671854, -121.944823); Unnamed (47.6722, -121.934103); Unnamed (47.672893, -121.963119); Unnamed (47.673234, -121.906003); Unnamed (47.68202, -121.984816); Unnamed (47.683549, -121.985897); Unnamed (47.685397, -121.98674); Unnamed (47.688482, -121.942011); Unnamed (47.691215, -121.959693); Unnamed (47.691787, -121.975697); Unnamed (47.694662, -121.994754); Unnamed (47.701955, -121.998995); Unnamed (47.704253, -122.001792); Unnamed (47.709025, -122.004767); Unnamed (47.709854, -121.98468); Unnamed (47.716945, -122.001237); Unnamed (47.721749, -121.989604); Unnamed (47.722623, -121.987303); Unnamed (47.723963, -121.996696); Unnamed (47.726844, -121.989954); Unnamed (47.733263, -122.010612); Unnamed (47.733962, -121.989698); Unnamed (47.734647, -122.013111); Unnamed (47.736303, -122.013677); Unnamed (47.736874, -121.98844); Unnamed (47.741838, -122.009593); Unnamed (47.744396, -121.949708); Unnamed (47.745593, -121.952919); Unnamed (47.745918, -121.954099); Unnamed (47.747444, -122.005028); Unnamed (47.747524, -121.957434); Unnamed (47.747678, -121.996583); Unnamed (47.74965, -121.977289); Unnamed (47.750208, -121.96435); Unnamed (47.750524, -121.965961); Unnamed (47.75188, -121.927084); Unnamed (47.752108, -121.969501); Unnamed (47.752268, -122.004156); Unnamed (47.75256, -121.964546); Unnamed VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 (47.752757, -121.969499); Unnamed (47.752947, -121.957481); Unnamed (47.753339, -121.969357); Unnamed (47.754942, -121.97775); Unnamed (47.756436, -122.004367); Unnamed (47.758452, -122.002775); Unnamed (47.761886, -122.000354); Unnamed (47.762689, -121.991876); Unnamed (47.762853, -121.977877); Unnamed (47.767489, -122.000623); Unnamed (47.775507, -121.995614); Unnamed (47.775755, -121.99995); Unnamed (47.776255, -121.999798); Unnamed (47.779073, -121.991757); Unnamed (47.782249, -121.966177); Unnamed (47.788539, -122.000183); Unnamed (47.797789, -121.978354); Unnamed (47.801619, -121.981418); Unnamed (47.815259, -121.976869); Unnamed (47.815443, -121.99813); Unnamed (47.818865, -122.005592). (9) Snohomish Subbasin 17110011— (i) Pilchuck River Watershed 1711001101. Outlet(s) = French Creek (Lat 47.888547, Long -122.087439); Pilchuck River (47.900972, -122.092133); upstream to endpoint(s) in: Boulder Creek (48.024989, -121.811255); Catherine Creek (48.033209, -122.077074); Dubuque Creek (47.996688, -122.010406); French Creek (47.898794, -122.057083); Kelly Creek (48.035392, -121.830635); Little Pilchuck Creek (48.112494, -122.060843); Miller Creek (47.996242, -121.781617); Pilchuck River (47.991273, -121.736285); Purdy Creek (48.008866, -121.892703); Unnamed (47.946107, -122.078197); Unnamed (47.981529, -122.022251); Unnamed (48.014987, -122.065111); Unnamed (48.050521, -121.960436); Unnamed (48.052319, -121.873027); Unnamed (48.056823, -121.920701); Unnamed (47.893981, -122.064909); Unnamed (47.90029, -122.055264); Unnamed (47.900781, -122.071709); Unnamed (47.902216, -122.060278); Unnamed (47.909758, -122.055179); Unnamed (47.91308, -122.079588); Unnamed (47.91411, -122.073471); Wilson Creek (48.007178, -121.772124). (ii) Snohomish River Watershed 1711001102. Outlet(s) = Quilceda Creek (48.045077, -122.207633); Snohomish River (48.020024, -122.199952); Steamboat Slough (48.035252, -122.187716); Union Slough (48.033026, -122.187941); Unnamed (48.042687, -122.203304); upstream to endpoint(s) in: Allen Creek (48.060189, -122.155845); Anderson Creek (47.823494, -122.063169); Batt Slough (47.893752, -122.101932); Burri Creek (47.996254, -122.12825); Ebey Slough (47.942077, -122.172019); Elliott Creek (47.832096, -122.058076); Evans Creek (47.837998, -122.084366); French Creek (47.905702, -122.006538); Lake Beecher PO 00000 Frm 00050 Fmt 4701 Sfmt 4702 (47.853003, -122.08659); Larimer Creek (47.889935, -122.141659); Quilceda Creek (48.126701, -122.136538); Snohomish River (47.845642, -122.066164); Swan Trail Slough (47.924299, -122.144247); Thomas Creek (47.885779, -122.133759); Unnamed (47.89605, -122.024132); Unnamed (47.874632, -122.06789); Unnamed (47.878911, -122.062819); Unnamed (47.883214, -122.075259); Unnamed (47.883685, -122.064291); Unnamed (47.977505, -122.164439); Unnamed (47.989661, -122.153303); Unnamed (47.989986, -122.157628); Unnamed (47.992902, -122.153788); Unnamed (47.994226, -122.155257); Unnamed (47.999821, -122.157617); Unnamed (47.999833, -122.154307); Unnamed (48.000441, -122.160006); Unnamed (48.131795, -122.131717); Unnamed (47.826251, -122.063007); Unnamed (47.839617, -122.088583); Unnamed (47.842605, -122.060737); Unnamed (47.842773, -122.09302); Unnamed (47.845642, -122.066164); Unnamed (47.845758, -122.092344); Unnamed (47.846844, -122.064563); Unnamed (47.851113, -122.010167); Unnamed (47.852079, -122.018572); Unnamed (47.861172, -122.029372); Unnamed (47.864352, -122.091793); Unnamed (47.868184, -122.033887); Unnamed (47.868667, -122.071745); Unnamed (47.871627, -122.007148); Unnamed (47.872067, -122.012574); Unnamed (47.872807, -122.007458); Unnamed (47.872892, -122.020313); Unnamed (47.873683, -122.02625); Unnamed (47.873838, -122.023394); Unnamed (47.873972, -122.020824); Unnamed (47.873974, -122.018382); Unnamed (47.874621, -122.033932); Unnamed (47.87602, -122.018838); Unnamed (47.876587, -122.038858); Unnamed (47.877086, -122.10383); Unnamed (47.878155, -122.093306); Unnamed (47.878365, -122.047458); Unnamed (47.879616, -122.121293); Unnamed (47.880169, -122.120704); Unnamed (47.880744, -122.124328); Unnamed (47.880801, -122.115079); Unnamed (47.881683, -122.018106); Unnamed (47.882464, -122.049811); Unnamed (47.88295, -122.036805); Unnamed (47.883214, -122.128361); Unnamed (47.887449, -122.136266); Unnamed (47.887628, -122.115244); Unnamed (47.889292, -122.138508); Unnamed (47.889733, -122.139749); Unnamed (47.889949, -122.045002); Unnamed (47.891627, -122.052284); Unnamed (47.893918, -122.1473); Unnamed (47.893921, -122.15179); Unnamed (47.900751, -122.162699); Unnamed (47.901957, -122.165281); Unnamed (47.903224, -122.152517); Unnamed (47.905749, -122.171392); Unnamed E:\FR\FM\14JAP2.SGM 14JAP2 srobinson on DSK4SPTVN1PROD with Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules (47.906952, -122.1713); Unnamed (47.909784, -122.174177); Unnamed (47.917745, -122.179549); Unnamed (47.91785, -122.170724); Unnamed (47.917965, -122.176424); Unnamed (47.918881, -122.166131); Unnamed (47.919953, -122.159256); Unnamed (47.920163, -122.112239); Unnamed (47.922557, -122.152328); Unnamed (47.926219, -122.164369); Unnamed (47.927044, -122.187844); Unnamed (47.927115, -122.181581); Unnamed (47.928771, -122.182785); Unnamed (47.929155, -122.1575); Unnamed (47.9292, -122.16225); Unnamed (47.931447, -122.155867); Unnamed (47.935459, -122.190942); Unnamed (47.935975, -122.19135); Unnamed (47.936814, -122.170221); Unnamed (47.939084, -122.174422); Unnamed (47.939185, -122.192305); Unnamed (47.939694, -122.150153); Unnamed (47.940939, -122.155435); Unnamed (47.940947, -122.157858); Unnamed (47.94244, -122.157373); Unnamed (47.942726, -122.17536); Unnamed (47.945442, -122.192582); Unnamed (47.94649, -122.146106); Unnamed (47.946592, -122.146917); Unnamed (47.947975, -122.179796); Unnamed (47.949211, -122.139884); Unnamed (47.949321, -122.159191); Unnamed (47.949477, -122.132724); Unnamed (47.949525, -122.141519); Unnamed (47.954551, -122.127872); Unnamed (47.954673, -122.126737); Unnamed (47.954755, -122.131233); Unnamed (47.955528, -122.131243); Unnamed (47.956927, -122.19563); Unnamed (47.959917, -122.126245); Unnamed (47.960424, -122.126126); Unnamed (47.960595, -122.12673); Unnamed (47.961773, -122.130148); Unnamed (47.99053, -122.133921); Unnamed (48.001732, -122.129584); Unnamed (48.035728, -122.158051); Unnamed (48.038525, -122.160828); Unnamed (48.039738, -122.153565); Unnamed (48.041372, -122.151583); Unnamed (48.042963, -122.150051); Unnamed (48.044102, -122.147735); Unnamed (48.047591, -122.150945); Unnamed (48.048094, -122.159389); Weiser Creek (48.004603, -122.127993); West Fork Quilceda Creek (48.114329, -122.192036); Wood Creek (47.925014, -122.184669); Wood Creek (47.946568, -122.177043). (10) Lake Washington 17110012—(i) Cedar River 1711001201. Outlet(s) = Cedar River (Lat 47.500458, Long -122.215889); upstream to endpoint(s) in: Cedar River (47.419017, -121.781807); Madsen Creek (47.454959, -122.139271); Peterson Creek (47.421385, -122.071428); Rock Creek (47.360983, -122.007166); Unnamed (47.412034, -122.005441); Unnamed VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 (47.397644, -122.015869); Walsh Lake Diversion Ditch (47.388412, -121.983268). (11) Duwamish Subbasin 17110013— (i) Upper Green River Watershed 1711001301. Outlet(s) = Green River (Lat 47.222773, Long -121.608297); Smay Creek (47.22558, -121.608029); upstream to endpoint(s) in: Friday Creek (47.220272, -121.457068); Intake Creek (47.205593, -121.406127); Mccain Creek (47.209121, -121.530424); Sawmill Creek (47.208384, -121.468737); Smay Creek (47.250466, -121.589199); Snow Creek (47.26089, -121.406133); Sunday Creek (47.258566, -121.367101); Tacoma Creek (47.187342, -121.364175). (ii) Middle Green River Watershed 1711001302. Outlet(s) = Green River (Lat 47.288124, Long -121.97032); upstream to endpoint(s) in: Bear Creek (47.277192, -121.800206); Charley Creek (47.259074, -121.779776); Cougar Creek (47.243692, -121.645414); Eagle Creek (47.304949, -121.723086); Gale Creek (47.264201, -121.709713); Green River (47.222773, -121.608297); Piling Creek (47.281819, -121.756524); Smay Creek (47.22558, -121.608029); Sylvester Creek (47.245565, -121.654863). (iii) Lower Green River Watershed 1711001303. Outlet(s) = Duwamish Waterway (Lat 47.583483, Long -122.359684); Unnamed (47.588989, -122.34426); upstream to endpoint(s) in: Big Soos Creek (47.372078, -122.144432); Burns Creek (47.284679, -122.098961); Crisp Creek (47.289456, -122.059482); Cristy Creek (47.27092, -122.017489); Green River (47.288124, -121.97032); Jenkins Creek (47.37728, -122.080576); Little Soos Creek (47.378342, -122.106081); Mill Creek (47.303262, -122.272491); Newaukum Creek (47.229023, -121.954805); Rock Creek (47.310539, -122.024859); Unnamed (47.220884, -122.023242); Unnamed (47.220892, -122.016139); Unnamed (47.234075, -121.931801); Unnamed (47.325011, -122.200079); Unnamed (47.335135, -122.154992); Unnamed (47.353478, -122.258274); Unnamed (47.360321, -122.225589); Unnamed (47.374183, -122.103011); Unnamed (47.389595, -122.225993). (12) Puyallup Subbasin 17110014—(i) Upper White River Watershed 1711001401. Outlet(s) = Greenwater River (Lat 47.158517, Long -121.659041); White River (47.158251, -121.659559); upstream to endpoint(s) in: George Creek (47.099306, -121.472868); Greenwater River (47.091025, -121.456044); Huckleberry Creek (47.053496, -121.616046); Pyramid Creek (47.113047, -121.455762); Twentyeight Mile Creek (47.060856, -121.511537); Unnamed (47.051445, -121.71716); Unnamed PO 00000 Frm 00051 Fmt 4701 Sfmt 4702 2775 (47.12065, -121.554216); Unnamed (47.134311, -121.583518); West Fork White River (47.047717, -121.692719); Whistle Creek (47.118448, -121.489277); White River (47.01416, -121.529457); Wrong Creek (47.043096, -121.699618). (ii) Lower White River Watershed 1711001402. Outlet(s) = White River (Lat 47.200025, Long -122.255912); upstream to endpoint(s) in: Boise Creek (47.195608, -121.947967); Camp Creek (47.147051, -121.703951); Canyon Creek (47.13331, -121.862029); Clearwater River (47.084983, -121.783524); Greenwater River (47.158517, -121.659041); Scatter Creek (47.162429, -121.87438); Unnamed (47.222955, -122.097188); Unnamed (47.229087, -122.07162); Unnamed (47.233808, -122.109926); Unnamed (47.245631, -122.058795); Unnamed (47.247135, -122.22738); Unnamed (47.25371, -122.264826); Unnamed (47.261283, -122.13136); Unnamed (47.268104, -122.25123); Unnamed (47.238173, -122.223415); White River (47.158251, -121.659559). (iii) Carbon River Watershed 1711001403. Outlet(s) = Carbon River (Lat 47.123651, Long -122.229222); upstream to endpoint(s) in: Carbon River (46.993075, -121.926834); Coplar Creek (47.072996, -122.167682); Gale Creek (47.086262, -122.015047); Page Creek (47.12503, -122.009401); South Fork South Prairie Creek (47.099283, -121.954505); Unnamed (47.096464, -122.141219); Unnamed (47.097218, -122.145432); Unnamed (47.141246, -122.058699); Voight Creek (47.077134, -122.131266); Wilkeson Creek (47.089113, -122.011371). (iv) Upper Puyallup River Watershed 1711001404. Outlet(s) = Carbon River (Lat 47.130578, Long -122.232672); Puyallup River (47.130572, -122.232719); upstream to endpoint(s) in: Carbon River (47.123651, -122.229222); Fox Creek (47.012694, -122.183844); Kellog Creek (46.913785, -122.083644); Le Dout Creek (46.935374, -122.054579); Niesson Creek (46.88451, -122.032222); Ohop Creek (46.941896, -122.222784); Puyallup River (46.904305, -122.03511); Unnamed (46.901022, -122.053271); Unnamed (46.915301, -122.08532); Unnamed (47.033738, -122.183585); Unnamed (47.072524, -122.217752); Unnamed (47.077709, -122.21324). (v) Lower Puyallup River Watershed 1711001405. Outlet(s) = Hylebos Creek (Lat 47.260936, Long -122.360296); Puyallup River (47.262018, -122.419738); Wapato Creek (47.254142, -122.376043); upstream to endpoint(s) in: Canyonfalls Creek (47.141497, -122.220946); Carbon River (47.130578, -122.232672); Clarks Creek (47.175558, E:\FR\FM\14JAP2.SGM 14JAP2 srobinson on DSK4SPTVN1PROD with 2776 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules -122.318004); Clarks Creek (47.214046, -122.341441); Fennel Creek (47.149294, -122.186141); Hylebos Creek (47.268092, -122.304897); Puyallup River (47.130572, -122.232719); Simons Creek (47.223614, -122.306576); Swam Creek (47.198605, -122.392952); Unnamed (47.192643, -122.338319); Unnamed (47.212642, -122.362772); Unnamed (47.284933, -122.328406); West Hylebos Creek (47.28045, -122.319677); White River (47.200025, -122.255912). (13) Nisqually Subbasin 17110015— (i) Mashel/Ohop Watershed 1711001502. Outlet(s) = Lackamas Creek (Lat 46.8589, Long -122.488209); Nisqually River (46.864078, -122.478318); Tobolton Creek (46.863143, -122.480177); upstream to endpoint(s) in: Beaver Creek (46.858889, -122.187968); Busy Wild Creek (46.797885, -122.041534); Little Mashel River (46.850176, -122.27362); Lynch Creek (46.879792, -122.275113); Mashel River (46.84805, -122.104803); Nisqually River (46.823001, -122.30402); Ohop Valley Creek (46.924846, -122.260991); Powell Creek (46.84388, -122.436634); Tanwax Creek (46.941782, -122.280108); Tobolton Creek (46.823649, -122.48512); Twentyfive Mile Creek (46.924778, -122.259359); Unnamed (46.832309, -122.528978); Unnamed (46.907314, -122.261798). (ii) Lowland Watershed 1711001503. Outlet(s) = Mcallister Creek (Lat 47.086256, Long -122.72842); Nisqually River (47.098476, -122.698813); Red Salmon Creek (47.096419, -122.687018); upstream to endpoint(s) in: Horn Creek (46.917907, -122.464722); Lacamas Creek (46.974424, -122.477971); Lacamas Creek (47.008577, -122.53729); Lackamas Creek (46.8589, -122.488209); Mcallister Creek (47.029715, -122.724885); Muck Creek (47.024063, -122.333195); Murray Creek (46.978923, -122.494325); Nisqually River (46.864078, -122.478318); Red Salmon Creek (47.083089, -122.678869); South Creek (46.985228, -122.287693); Thompson Creek (46.953803, -122.63521); Tobolton Creek (46.863143, -122.480177); Unnamed (46.88276, -122.481929); Unnamed (46.92337, -122.522371); Unnamed (46.999957, -122.652251); Unnamed (47.034211, -122.674166); Unnamed (47.03749, -122.735619); Unnamed (47.083824, -122.682663); Yelm Creek (46.947774, -122.606162). (14) Deschutes 17110016—(i) Deschutes River-Lake Lawrence 1711001601. Outlet(s) = Deschutes River (Lat 46.858414, -122.703615); upstream to endpoint(s) in: Deschutes River (46.803719, -122.41723); Fall Creek VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 (46.801851, -122.508518); Hull Creek (46.815628, -122.551688); Johnson Creek (46.771083, -122.424056); Mitchell Creek (46.764822, -122.520257); Pipeline Creek (46.815019, -122.557139); Thurston Creek (46.787177, -122.426181); Unnamed (46.776798, -122.456757); Unnamed (46.821012, -122.552051); Unnamed (46.825293, -122.597406). (ii) Deschutes River—Capitol Lake 1711001602. Outlet(s) = Deschutes River (Lat 47.043613, Long -122.909102); upstream to endpoint(s) in: Deschutes River (46.858414, -122.703615); Unnamed (46.883422, -122.791346); Unnamed (46.885585, -122.765692); Unnamed (46.900133, -122.761883); Unnamed (46.920776, -122.814054). (15) Skokomish Subbasin 17110017— (i) Skokomish River Watershed 1711001701. Outlet(s) = Skokomish River (Lat 47.354102, Long -123.113454); Unnamed (47.346915, -123.1288); upstream to endpoint(s) in: Aristine Creek (47.339036, -123.330797); Brown Creek (47.426884, -123.273846); Cedar Creek (47.438747, -123.412558); Church Creek (47.460295, -123.455165); Fir Creek (47.336146, -123.302908); Frigid Creek (47.378231, -123.241695); Gibbons Creek (47.401886, -123.237898); Harp Creek (47.403646, -123.307961); Kirkland Creek (47.31996, -123.290062); Le Bar Creek (47.42431, -123.321985); Mctaggert Creek (47.415308, -123.249773); Mussel Shell Creek (47.299392, -123.154163); North Fork Skokomish River (47.398124, -123.201673); Pine Creek (47.443201, -123.429394); Purdy Canyon (47.30192, -123.181551); Purdy Creek (47.304446, -123.188829); South Fork Skokomish River (47.490355, -123.460444); Unnamed (47.307518, -123.202431); Unnamed (47.309215, -123.151179); Unnamed (47.312777, -123.250097); Unnamed (47.314724, -123.179082); Unnamed (47.315244, -123.177395); Unnamed (47.317283, -123.233949); Unnamed (47.318056, -123.168869); Unnamed (47.319036, -123.198978); Unnamed (47.320262, -123.233188); Unnamed (47.321111, -123.168254); Unnamed (47.32192, -123.307559); Unnamed (47.32264, -123.166947); Unnamed (47.324298, -123.166032); Unnamed (47.32618, -123.165265); Unnamed (47.327954, -123.1645); Unnamed (47.340589, -123.229732); Vance Creek (47.363339, -123.37747); Weaver Creek (47.309516, -123.23971). (16) Hood Canal Subbasin 17110018— (i) Lower West Hood Canal Frontal Watershed 1711001802. Outlet(s) = Eagle Creek (Lat 47.484737, Long -123.077896); Finch Creek (47.406474, -123.13894); Fulton Creek (47.618077, PO 00000 Frm 00052 Fmt 4701 Sfmt 4702 -122.974895); Jorsted Creek (47.526147, -123.050128); Lilliwaup Creek (47.468701, -123.114852); Unnamed (47.457462, -123.112951); Unnamed (47.570832, -123.01278); upstream to endpoint(s) in: Eagle Creek (47.499033, -123.100927); Finch Creek (47.406575, -123.145463); Fulton Creek (47.628033, -122.985435); Jorsted Creek (47.52439, -123.066123); Lilliwaup Creek (47.470625, -123.116282); Unnamed (47.459167, -123.133047); Unnamed (47.57275, -123.020786). (ii) Hamma Hamma River Watershed 1711001803. Outlet(s) = Hamma Hamma River (Lat 47.546939, Long -123.045218); upstream to endpoint(s) in: Hamma Hamma River (47.560258, -123.066043); North Fork John Creek (47.545766, -123.072377); South Fork John Creek (47.541154, -123.07576). (iii) Duckabush River Watershed 1711001804. Outlet(s) = Duckabush River (Lat 47.650063, Long -122.936017); Unnamed (47.651985, -122.935914); upstream to endpoint(s) in: Duckabush River (47.683876, -123.069991); Unnamed (47.656559, -122.939617); Unnamed (47.658797, -122.946881); Unnamed (47.664171, -122.958939); Unnamed (47.665164, -122.971688). (iv) Dosewallips River Watershed 1711001805. Outlet(s) = Dosewallips River (Lat 47.687868, Long -122.895799); upstream to endpoint(s) in: Dosewallips River (47.728734, -123.112328); Gamm Creek (47.740548, -123.064117); Rocky Brook (47.720965, -122.941729); Unnamed (47.703663, -122.942585); Unnamed (47.718461, -123.001437). (v) Big Quilcene River Watershed 1711001806. Outlet(s) = Big Quilcene River (Lat 47.818629, Long -122.861797); upstream to endpoint(s) in: Big Quilcene River (47.776171, -122.936666). (vi) Upper West Hood Canal Frontal Watershed 1711001807. Outlet(s) = Donovan Creek (Lat 47.827622, Long -122.858429); Indian George Creek (47.807881, -122.869227); Little Quilcene River (47.826459, -122.862109); Spencer Creek (47.745578, -122.875483); Tarboo Creek (47.860282, -122.813536); Thorndyke Creek (47.816713, -122.739675); Unnamed (47.69516, -122.807343); Unnamed (47.742597, -122.767326); Unnamed (47.780439, -122.865654); Unnamed (47.803054, -122.748043); Unnamed (47.809788, -122.791892); Unnamed (47.827807, -122.696476); Unnamed (47.870429, -122.693831); upstream to endpoint(s) in: Donovan Creek (47.852344, -122.859015); Indian George Creek (47.806041, -122.872191); Leland Creek (47.87993, -122.878552); E:\FR\FM\14JAP2.SGM 14JAP2 srobinson on DSK4SPTVN1PROD with Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules Little Quilcene River (47.87162, -122.920887); Spencer Creek (47.757649, -122.895277); Tarboo Creek (47.917525, -122.825126); Unnamed (47.700468, -122.804836); Unnamed (47.745248, -122.772127); Unnamed (47.780486, -122.870015); Unnamed (47.817369, -122.763825); Unnamed (47.826301, -122.786512); Unnamed (47.845809, -122.709645); Unnamed (47.847797, -122.878694); Unnamed (47.857542, -122.837721); Unnamed (47.86785, -122.773687); Unnamed (47.871141, -122.795142); Unnamed (47.886493, -122.830585); Unnamed (47.888336, -122.801101); Unnamed (47.889882, -122.698239). (vii) West Kitsap Watershed 1711001808. Outlet(s) = Anderson Creek (Lat 47.566784, Long -122.967625); Anderson Creek (47.665387, -122.757767); Big Beef Creek (47.651916, -122.783607); Boyce Creek (47.609223, -122.915305); Dewatto River (47.45363, -123.048642); Mission Creek (47.430736, -122.872828); Seabeck Creek (47.63558, -122.834296); Stavis Creek (47.625046, -122.872893); Tahuya River (47.376565, -123.038419); Union River (47.44818, -122.838076); Unnamed (47.453546, -123.048616); Unnamed (47.585137, -122.945064); Unnamed (47.826269, -122.56367); upstream to endpoint(s) in: Anderson Creek (47.660179, -122.756351); Bear Creek (47.498732, -122.811755); Big Beef Creek (47.589887, -122.846319); Boyce Creek (47.609187, -122.914277); Mission Creek (47.499061, -122.850487); Seabeck Creek (47.623835, -122.838375); Stavis Creek (47.605496, -122.872936); Tin Mine Creek (47.577069, -122.829158); Union River (47.527109, -122.785967); Unnamed (47.416887, -122.999502); Unnamed (47.43499, -123.053793); Unnamed (47.438227, -123.043285); Unnamed (47.451055, -123.016346); Unnamed (47.451077, -122.914789); Unnamed (47.454548, -122.986648); Unnamed (47.457926, -122.82675); Unnamed (47.459434, -122.841199); Unnamed (47.461807, -122.986012); Unnamed (47.464136, -122.996728); Unnamed (47.471436, -123.026462); Unnamed (47.472953, -122.853144); Unnamed (47.473856, -122.98827); Unnamed (47.496903, -122.832756); Unnamed (47.499811, -122.959843); Unnamed (47.513538, -122.976821); Unnamed (47.518086, -122.944624); Unnamed (47.533867, -122.966128); Unnamed (47.556351, -122.93869); Unnamed (47.578134, -122.831814); Unnamed (47.578146, -122.944137); Unnamed (47.617962, -122.881294); Unnamed (47.823731, -122.557569). (17) Puget Sound Subbasin 17110019—(i) Kennedy/Goldsborough VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 Watershed 1711001900. Outlet(s) = Campbell Creek (Lat 47.222039, Long -123.025109); Cranberry Creek (47.262433, -123.015892); Deer Creek (47.259411, -123.009378); Goldsborough Creek (47.209541, -123.09519); Kennedy Creek (47.096767, -123.085708); Johns Creek (47.246105, -123.042959); Lynch Creek (47.152742, -123.052635); Malaney Creek (47.25142, -123.0197); Mill Creek (47.195478, -122.996269); Perry Creek (47.04923, -123.005168); Schneider Creek (47.091599, -123.075637); Shelton Creek (47.213868, -123.095177); Sherwood Creek (47.375171, -122.835464); Skookum Creek (47.127879, -123.088396); Uncle John Creek (47.223441, -123.028998); Unnamed (47.138813, -123.076426); Unnamed (47.348035, -123.073581); Unnamed (47.406636, -122.887438); Unnamed (47.43145, -122.848454); Unnamed (47.378832, -122.974308); Unnamed (47.382516, -122.948722); upstream to endpoint(s) in: Campbell Creek (47.226397, -122.997893); Cranberry Creek (47.283615, -123.111755); Deer Creek (47.327279, -122.911546); Gosnell Creek (47.132634, -123.208108); Johns Creek (47.252177, -123.129051); Kamilche Creek (47.109481, -123.120016); Kennedy Creek (47.079184, -123.126612); Lynch Creek (47.16124, -123.063246); Malaney Creek (47.248952, -123.011342); North Fork Goldsborough Creek (47.226417, -123.221454); Perry Creek (47.053893, -123.021482); Rock Creek (47.173241, -123.200765); Schneider Creek (47.071686, -123.056453); Shelton Creek (47.22776, -123.11259); Shumocher Creek (47.31782, -122.992107); South Fork Goldsborough Creek (47.186447, -123.252006); Uncle John Creek (47.230245, -123.028211); Unnamed (47.081522, -123.102753); Unnamed (47.097705, -123.216015); Unnamed (47.100105, -123.216045); Unnamed (47.1455, -123.081178); Unnamed (47.149979, -123.116498); Unnamed (47.154715, -123.122654); Unnamed (47.182813, -123.154821); Unnamed (47.183317, -122.993257); Unnamed (47.187858, -123.166457); Unnamed (47.209485, -123.249564); Unnamed (47.223587, -122.981336); Unnamed (47.225845, -123.243846); Unnamed (47.226397, -122.997893); Unnamed (47.25604, -123.060758); Unnamed (47.293868, -123.03765); Unnamed (47.322265, -122.993083); Unnamed (47.345989, -123.087997); Unnamed (47.361619, -122.901294); Unnamed (47.36676, -122.866433); Unnamed (47.37043, -122.975612); Unnamed (47.378331, -122.84611); Unnamed (47.378994, -122.950338); Unnamed PO 00000 Frm 00053 Fmt 4701 Sfmt 4702 2777 (47.385117, -122.898154); Unnamed (47.41665, -122.847985). (ii) Puget Sound 1711001901. Outlet(s) = Anderson Creek (Lat 47.527851, Long -122.683072); Barker Creek (47.637847, -122.670114); Blackjack Creek (47.542244, -122.627229); Burley Creek (47.412304, -122.631424); Chico Creek (47.602679, -122.705419); Clear Creek (47.652349, -122.68632); Coulter Creek (47.406361, -122.819291); Crescent Valley (47.345209, -122.583101); Crouch Creek (47.652147, -122.62956); Curley Creek (47.523499, -122.546087); Gorst Creek (47.527855, -122.697881); Mccormick Creek (47.371692, -122.624236); Minter Creek (47.371035, -122.702469); North Creek (47.337484, -122.592533); Olalla Creek (47.425398, -122.551857); Purdy Creek (47.387232, -122.626582); Rocky Creek (47.371062, -122.78137); Unnamed (47.538696, -122.65636); Unnamed (47.645936, -122.69393); Unnamed (47.712429, -122.613727); Unnamed (47.717886, -122.656445); Unnamed (47.750936, -122.649151); Unnamed (47.770208, -122.559178); upstream to endpoint(s) in: Anderson Creek (47.505029, -122.69725); Barker Creek (47.647598, -122.658222); Blackjack Creek (47.477097, -122.648962); Burley Creek (47.477671, -122.616862); Clear Creek (47.685465, -122.684758); Coulter Creek (47.44497, -122.768147); Crescent Valley (47.387661, -122.573475); Crouch Creek (47.652949, -122.636766); Curley Creek (47.470853, -122.591807); Dickerson Creek (47.574216, -122.730548); Gorst Creek (47.517739, -122.743902); Heins Creek (47.532474, -122.719281); Huge Creek (47.416967, -122.697785); Kitsap Creek (47.565562, -122.705833); Lost Creek (47.580058, -122.772143); Mccormick Creek (47.360692, -122.616179); Minter Creek (47.417427, -122.68133); North Creek (47.345176, -122.602062); Olalla Creek (47.458804, -122.575015); Parish Creek (47.525007, -122.715043); Purdy Creek (47.424097, -122.601949); Rocky Creek (47.406815, -122.784426); Salmonberry Creek (47.521201, -122.583691); Unnamed (47.375417, -122.764465); Unnamed (47.407431, -122.816273); Unnamed (47.458461, -122.654176); Unnamed (47.461146, -122.658942); Unnamed (47.508334, -122.678469); Unnamed (47.647488, -122.631401); Unnamed (47.652615, -122.705727); Unnamed (47.655222, -122.70488); Unnamed (47.656966, -122.63518); Unnamed (47.669431, -122.688117); Unnamed (47.717933, -122.672648); Unnamed (47.718897, -122.613062); Unnamed (47.760942, -122.618495); Unnamed (47.763767, -122.637787); Unnamed E:\FR\FM\14JAP2.SGM 14JAP2 2778 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules srobinson on DSK4SPTVN1PROD with (47.809222, -122.537334); Unnamed (47.80967, -122.532478); Wildcat Creek (47.599753, -122.761086). (iii) Woodland Creek-McLane Creek Frontal 1711001902. Outlet(s) = McLane Creek (Lat 47.03475, Long -122.990395); Unnamed (47.095699, -122.94549); Woodard Creek (47.120914, -122.861775); Woodland Creek (47.092725, -122.823614); upstream to endpoint(s) in: McLane Creek (47.001481, -123.009329); Swift Creek (47.031622, -123.008267); Unnamed (47.028842, -122.985445); Unnamed (47.060468, -122.964496); Unnamed (47.071776, -122.827649); Woodard Creek (47.040784, -122.853709); Woodland Creek (47.034018, -122.781534); (iv) Puget Sound-East Passage 1711001904. Outlet(s) = Christensen Creek (Lat 47.403038, Long -122.51902); Judd Creek (47.402315, -122.467989); Lunds Gulch (47.859951, -122.334873); Shingle Mill Creek (47.480286, -122.482557); Unnamed (47.646085, -122.567546); upstream to endpoint(s) in: Judd Creek (47.416852, -122.47661); Lunds Gulch (47.859132, -122.327183); Shingle Mill Creek (47.467927, -122.474433); Unnamed (47.40206, -122.512865); Unnamed (47.641478, -122.566998). (v) Chambers Creek 1711001906. Outlet(s) = Chambers Creek (Lat 47.186966, Long -122.583739); upstream to endpoint(s) in: Chambers Creek (47.155756, -122.527739); Clover Creek (47.136455, -122.433679); Clover Creek (47.155756, -122.527739); Flett Creek (47.179364, -122.497762); Leach Creek (47.209364, -122.512372); Ponce De Leon Creek (47.162148, -122.52888). (vi) Port Ludlow Creek-Chimacum Creek 1711001908. Outlet(s) = Chimacum Creek (Lat 48.050532, Long -122.784429); Unnamed (47.917613, -122.703872); upstream to endpoint(s) in: Unnamed (47.918337, -122.709325); Unnamed (47.927687, -122.805588); Unnamed (47.947673, -122.850871); VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 Unnamed (47.954906, -122.7614); Unnamed (47.986329, -122.80519). (18) Dungeness-Elwha Subbasin 17110020—(i) Discovery Bay Watershed 1711002001. Outlet(s) = Contractors Creek (Lat 48.04559, Long -122.874989); Salmon Creek (47.989306, -122.889155); Snow Creek (47.989848, -122.88472); upstream to endpoint(s) in: Andrews Creek (47.916408, -122.900812); Contractors Creek (48.041198, -122.879974); Salmon Creek (47.968169, -122.963869); Snow Creek (47.935356, -122.943211). (ii) Sequim Bay Watershed 1711002002. Outlet(s) = Bell Creek (Lat 48.083191, Long -123.052803); Jimmycomelately Creek (48.023348, -123.005179); Johnson Creek (48.062731, -123.040899); Unnamed (48.028495, -122.996498); upstream to endpoint(s) in: Bell Creek (48.062921, -123.103118); Jimmycomelately Creek (47.991106, -123.012853); Johnson Creek (48.054282, -123.060541); Unnamed (47.98473, -123.004078); Unnamed (48.028602, -122.994476); Unnamed (48.077698, -123.085489). (iii) Dungeness River Watershed 1711002003. Outlet(s) = Cassalery Creek (Lat 48.134645, Long -123.096671); Dungeness River (48.150413, -123.132404); Gierin Creek (48.115086, -123.060063); Unnamed (48.137866, -123.101098); Unnamed (48.153473, -123.12799); upstream to endpoint(s) in: Bear Creek (48.05479, -123.159906); Canyon Creek (48.022505, -123.141514); Cassalery Creek (48.105307, -123.121002); Dungeness River (47.938446, -123.089756); Gierin Creek (48.091597, -123.095521); Gold Creek (47.941297, -123.086086); Gray Wolf River (47.916035, -123.242895); Matriotti Creek (48.068168, -123.193047); Unnamed (48.065991, -123.17376); Unnamed (48.06625, -123.169857); Unnamed (48.068168, -123.193047); Unnamed (48.068308, -123.193024); Unnamed (48.090644, -123.191398); Unnamed (48.106277, PO 00000 Frm 00054 Fmt 4701 Sfmt 4702 -123.076132); Unnamed (48.107219, -123.187879); Unnamed (48.112875, -123.160292); Unnamed (48.116253, -123.157937); Unnamed (48.116481, -123.141572); Unnamed (48.118304, -123.078321); Unnamed (48.124002, -123.143503); Unnamed (48.127704, -123.111613); Unnamed (48.12912, -123.148566); Unnamed (48.130335, -123.127456). (iv) Port Angeles Harbor Watershed 1711002004. Outlet(s) = Bagley Creek (Lat 48.114035, Long -123.340599); Dry Creek (48.134316, -123.520821); Ennis Creek (48.117472, -123.405373); Lees Creek (48.114686, -123.388339); McDonald Creek (48.125382, -123.220649); Morse Creek (48.117713, -123.351674); Siebert Creek (48.120481, -123.289579); Tumwater Creek (48.124386, -123.445396); Valley Creek (48.122912, -123.437893); upstream to endpoint(s) in: Bagley Creek (48.057013, -123.319844); Dry Creek (48.123255, -123.520058); East Fork Lees Creek (48.075209, -123.37549); East Fork Siebert Creek (48.02011, -123.287767); Ennis Creek (48.052991, -123.411534); Lees Creek (48.078066, -123.394993); McDonald Creek (48.017887, -123.232576); Morse Creek (48.061048, -123.349345); Pederson Creek (48.026991, -123.253803); Tumwater Creek (48.092665, -123.4702); Unnamed (48.0143, -123.260326); Unnamed (48.030295, -123.301668); Valley Creek (48.106808, -123.451781); West Fork Siebert Creek (48.000634, -123.304205). (v) Elwha River Watershed 1711002007. Outlet(s) = Elwha River (Lat 48.146456, Long -123.568438); upstream to endpoint(s) in: Elwha River (47.739706, -123.494829); Unnamed (48.13353, -123.557816); Unnamed (48.143336, -123.555008); Indian Creek (48.07806, -123.725186); Little River (48.05994, -123.520805). (19) Maps of critical habitat for the Puget Sound steelhead DPS follow: BILLING CODE 3510–22–P E:\FR\FM\14JAP2.SGM 14JAP2 2779 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules Map of the Puget Sound Steelhead DPS 122WO'W 124'3OVW 122'O'O"W 121*3O'O'W 120'30'O'W 12l'O'OW 49"()'()"N CANADA CANADA N I~ 47'3O'O"N WASHINGTON 0 5 Cil0 20c:::3io... . . ... 40Knometers -=-=__iC:==-__ o 5 10 20 30 40 Mi1e5 Area of Detail legend o State Boundaries VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00055 Fmt 4701 Sfmt 4725 E:\FR\FM\14JAP2.SGM 14JAP2 EP14JA13.011</GPH> srobinson on DSK4SPTVN1PROD with Subbasin Boundary 2780 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules Strait Of Georgia Subbasin 17110002 Proposed Critical Habitat for the Puget Sound Steelhead DPS 123"O'O'W N i WASHINGTON 024 121& ~iE~. ..c===i...."~o~~ o 1.252.5 . .IIi::==::::::I_ _ Miles 7.5 10 i..:_:iil 122"0'O"W Area of Detail ~-- Legend @ ~ \ Cities I Towns WASHINGTON Critical Habitat - - State Boundary (::~ Subbasin Boundary .... . , IDAttD ~ :.••• ~ Watershed Boundaries VerDate Mar<15>2010 This map does not show U.S. Depsrtment of Defense sites determined \0 be ineligible for designation nor excluded areas associated with Indian lands and Habitat Conservation Plans; see the regulatory text for a description of these excluded areas. =watershed code -last 2 digits of 17110002xx 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00056 Fmt 4701 Sfmt 4725 E:\FR\FM\14JAP2.SGM 14JAP2 EP14JA13.012</GPH> srobinson on DSK4SPTVN1PROD with 01 ·04 2781 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules Nooksack Subbasin 17110004 Proposed Critical Habitat for the Puget Sound Steelhead DPS 122'30'0"1/ 121' 'O"W 122'0'0"1/ WASHINGTON N o 122"0'O'W t 2 o 1.5 12 8 4 3 6 16 Kilometers 9 12 Miles 48"3O'Q"N 121"3O'O"W Area of Detail Legend ® Cities I Towns ..rv- Critical Habitat - - State Boundary (':.:~ Subbasin Boundary :: : : :~ Watershed Boundaries VerDate Mar<15>2010 This map does not show U.S. Department of Defense sHes determined to be Ineligible for deSIgnatIOn nor excluded areas associated with Indian lands and HabRat Conservation Plans; see the regulatory text for a description of these excluded areas. =Watershed code -last 2 digits of 17110004xx 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00057 Fmt 4701 Sfmt 4725 E:\FR\FM\14JAP2.SGM 14JAP2 EP14JA13.013</GPH> srobinson on DSK4SPTVN1PROD with 01 - 05 2782 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules Upper Skagit Subbasin 17110005 Proposed Critical Habitat for the Puget Sound Steelhead DPS 121~ttO"W ... .. .. ~ ............. '" , " @Diablo . " 04 " " " ......... " to . . . . . _ .. ", WASHINGTON N i -=_=-_-===.iU . __ 024 'KHometers 012 4 6 8 ••cillciI_Ii::=__ Miles 121~30'O"w 12'''O'O'W Area of Detail Legend Cities J Towns I _. ""'- Critical Habitat - - State Boundary (':.:~ Subbasin Boundary .... ~-I :•••• ~ watershed Boundaries srobinson on DSK4SPTVN1PROD with 04 - 08 VerDate Mar<15>2010 ------------~-----------This map does not show U.S. Department of Defense sijes detennlned to be ineligible for designation nor excluded areas associated with Indian lands and Habitat Conservation Plans; see the regulatory text for a description of these excluded areas. =watershed code -last 2 digits of 17110005)0( 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00058 IDAHO Fmt 4701 Sfmt 4725 E:\FR\FM\14JAP2.SGM 14JAP2 EP14JA13.014</GPH> @ 2783 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules Sauk Subbasin Proposed Critical Habitat for the Puget Sound Steelhead DPS 17110006 N ~ WASHINGTON 1ii,5 _ t}ilC C3 _6 e:=9 _komete ... _ 1 8 -==:::i.__Miles 01246 iE:iE__ 46'0'0' 121 eO'O"W 121"30'Q'W Area of Detail Legend @ Cities f Towns """- Critical Habitat - - State Boundary (::~ Subbasin Boundary ........., :•. '.: watershed Boundaries VerDate Mar<15>2010 This map does not show U.S. Department of Defense sHes determined 10 be ineligible for designation nor exclUded areas associated With Indian lands and Habitat Conservation Plans; see the regulatory text for a description of these excluded areas. =Watershed (;Ode -last 2 digits of 17110006xx 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00059 Fmt 4701 Sfmt 4725 E:\FR\FM\14JAP2.SGM 14JAP2 EP14JA13.015</GPH> srobinson on DSK4SPTVN1PROD with 01 - 04 2784 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules Lower Skagit Subbasin 17110007 Proposed Critical Habitat for the Puget Sound Steel head DPS 122"!ro'W WASHINGTON "o N i 2 4 0.::i":::l._ _i:6==::i12 _.. _ 1~jjom.ters 6 8 0il:::ilci_ _ 1 2 4=::::i_ _Miles 122"O'n"W Area of Detail Legend @ Cities / Towns """-- Critical Habitat - - State Boundary - ... (':'~I Subbasin Boundary IDAHO OREGOII .... #., :•• '. ~ Watershed Boundaries srobinson on DSK4SPTVN1PROD with VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00060 Fmt 4701 Sfmt 4725 E:\FR\FM\14JAP2.SGM 14JAP2 EP14JA13.016</GPH> This map does not show u.s. Department of Defense sites determined to be ineligible for designation nor exclUded areas associated with Indian lands and Habitat Conservation Plans; see the regulatory text fOr a description of these excluded areas. 01 - 02 = watershed code • last 2 digits of 1711 0007xx 2785 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules Stillaguamish Subbasin Proposed Critical Habitat for the Puget Sound Steel head DPS 17110008 122"O'O"W 48"3aO"N N i 48"3O'0"N WASHINGTON 15 20 _=2•. 5-=_ _ _liC O==::::ii_ _ _ KiIomete", ..:::iii"::::3 i===:::i___Miles o U ___6 9 U 121"'3O'O'W 1~'O'W Area of Detail Legend Ii) Cities I Towns ...rv- Critical Habitat - - State Boundary C;::'\ Subbasin Boundary ..... "'I :.... : Watershed Boundaries VerDate Mar<15>2010 This map does not show U.S. Department of Defense sites determined to be ineligible for designation nor excluded areas associated with Indian lands and Habitat Conservation Plans; see the regulatoTy text for a description of these excluded areas. =Watershed code -last 2 digits of 17110008)0( 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00061 Fmt 4701 Sfmt 4725 E:\FR\FM\14JAP2.SGM 14JAP2 EP14JA13.017</GPH> srobinson on DSK4SPTVN1PROD with 01 - 03 2786 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules Skykomish Subbasin Proposed Critical Habitat for the Puget Sound Steelhead DPS 17110009 WASHINGTON N ! O .=2•. . . . . . . . S-=5 10====~15 . . . . . . ~~o~~rn 1.5 3 6 9 12 o ...E====~.._M~ ~~~ 47"3O'O"N 121"0' Area of Detail Legend Cities I Towns ® ...rv- Critical Habitat - - State Boundary C:':~ Subbasin Boundary ... 't _ *1 :.••• ~ Watershed Boundaries VerDate Mar<15>2010 This map does nolshaw U.S. Department of Defense sites determined to be lneligl~ for designation nor excluded areas =watershed code - last 2 digits of 1711 oo09xx 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00062 Fmt 4701 associated With Indian lands and Habitat Conservation Plans; see the regulatory text for a description ofthese exclUded areas. Sfmt 4725 E:\FR\FM\14JAP2.SGM 14JAP2 EP14JA13.018</GPH> srobinson on DSK4SPTVN1PROD with 01 - 05 2787 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules Snoqualmie Subbasin 17110010 Proposed Critical Habitat for the Puget Sound Steelhead DPS 121~3tYO"W WASHINGTON 47"3O'trN 47"3O'O"N __ ..... o 2 8 12 _~IC:'l"'_-===~ o 1.25 2.5 5 7.5 .... .c~=- 16 .Kilome1Bn;; ====~ 10 ~ 121"3f;'O"W Area of Detail Legend @ Cities I Towns ...rv- Critical Habitat - - State Boundary C::'\ Subbasin Boundary IDAHO ::~::~ Watershed Boundaries 03·04 This map does not show U.S. Department of Defense sites determined to be ineligible for designation nor excluded areas associated with Indian IMds and Habitat ConselVation Plans; =Watershed code -last 2 digits of 17110010)0( VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00063 Fmt 4701 Sfmt 4725 E:\FR\FM\14JAP2.SGM 14JAP2 EP14JA13.019</GPH> srobinson on DSK4SPTVN1PROD with see the regulatory text for a description of these excluded areas. 2788 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules Snohomish Subbasin Proposed Critical Habitat for the Puget Sound Steel head DPS 17110011 N i WASHINGTON ~ 48"(),{)"N / -==-=-__i::::==-__ o 1.5 3 6 9 12 Kilometers- -====-__ o 2 _:::iIIc:i_ _ 4 6 8 Miles 122"O'O'W Area of Detail Legend @ Cities I Towns ...rv- Critical Habitat - - State Boundary c::~ Subbasin Boundary ::: ::~ Watershed Boundaries VerDate Mar<15>2010 This map does not show U.S. Department of Defense sites determined to be ineligible for designation nor excluded areas assOOlated With Indian lands and Habitat Conservation Plans; see the regulatory text for a description of these excluded areas. =Watershed code - last 2 digits of 17110011xx 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00064 Fmt 4701 Sfmt 4725 E:\FR\FM\14JAP2.SGM 14JAP2 EP14JA13.020</GPH> srobinson on DSK4SPTVN1PROD with 01 - 02 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules Proposed Critical Habitat for the Puget Sound Steelhead DPS 2789 Lake Washington Subbasin 17110012 ( WASHINGTON \ N . , ~ 04 o 2.5 5 10 15 () 1.5 3 6 9 2() Kilometers 12 Miles Area of Detail Legend @l Cities I Towns ~ Critical Habitat - - State Boundary IDAHO (::\ Subbasin Boundary ..... ~.~ :.• '. ~ Watershed Boundaries VerDate Mar<15>2010 This map does not show U.S. Department of Defense sHes determined to be ineligible for designation nor excluded areas associated With Indian lands and Habitat Conservation Plans; see the regulatO/)' lext for a description of these excluded areas. =Watershed code • last 2 digits of 17110012xx 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00065 Fmt 4701 Sfmt 4725 E:\FR\FM\14JAP2.SGM 14JAP2 EP14JA13.021</GPH> srobinson on DSK4SPTVN1PROD with 01 ·04 2790 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules Duwamish Subbasin Proposed Critical Habitat for the Puget Sound Steelhead DPS 17110013 121"3O'O'W WASHINGTON N i o 2.5 5 _ _.c:=:::ii___ Kilometers 10 15 20 _::iiiIciI n Ii:::::==-_....Miles o 1. 3 _ _6 _:::IIIiIc:::II Area of Detail Legend @ Cities I Towns ~ Critical Habitat - - State Boundary (:'~, Subbasin Boundary - ... ... ,. -I :., ,,: Watershed Boundaries VerDate Mar<15>2010 This map does not shoW U.S. Department of Defense sites determined to be [neI!glbIe fur designation nor excluded areas associated with Indian lands and Habitat Conservation Plans; see the regulatory text fur a descrlptfon of these excluded areas. =watershed code .. fast 2 digits of 17110013xx 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00066 Fmt 4701 Sfmt 4725 E:\FR\FM\14JAP2.SGM 14JAP2 EP14JA13.022</GPH> srobinson on DSK4SPTVN1PROD with 01 - 03 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules 2791 Puyallup Subbasin Proposed Critical Habitat for the Puget Sound Steelhead DPS 17110014 12i"'3O'O'W 122"tJ'O'W WASHINGTON . , '. n , . 03 N " . ! o 2.5 5 15 20 ME3.=-....10 C:===-..... ~~~ o 1.5 3 __I:::::=::i_ _ Miles 6 9 12 -=iilc::iI 121'>30'O"W 122'G'O'W Area of Detail Legend \II Cities I Towns ~ Critical Habitat - - State Boundary c:.:~ Subbasin Boundary IDAHO ......, :•••• ~ Watershed Boundaries VerDate Mar<15>2010 This map does not show U.S. Department of Defense sftes determined to be ineligible for designation nor exclUded areas =Watershed code - fast 2 digits of 1711 0014xx 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00067 Fmt 4701 associated with Indian lands and HabRat Conservation Plans; see the regulatory text for a description of these excluded areas. Sfmt 4725 E:\FR\FM\14JAP2.SGM 14JAP2 EP14JA13.023</GPH> srobinson on DSK4SPTVN1PROD with 01 ·05 2792 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules Nisqually Subbasin 17110015 Proposed Critical Habitat for the Puget Sound Steelhead CPS 122'1l'O"W WASHINGTON N 1 O~~~5~.5""El0====~'5..... ~~_W~ o 1.5 3 6 9 12 K:iiI::iI....i:::::=::iI.....Mile. 122'30'O'W 122"O'O'W Area of Detail Legend @ Cities I Towns ..r.,.,- Critical Habitat - - State Boundary C;.:~ Subbasin Boundary ..... ·1 :.. '. ~ Watershed Boundaries VerDate Mar<15>2010 This map does not show U.S. Department of Defense sites determined to be ineligible for designatIOn nor excluded areas assOCIated with Indian lands and HabHat ConservatiOn Plans; see the regulatory text for a description of these excluded areas. =Watershed code -last 2 digits of 17110015xx 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00068 Fmt 4701 Sfmt 4725 E:\FR\FM\14JAP2.SGM 14JAP2 EP14JA13.024</GPH> srobinson on DSK4SPTVN1PROD with 02 - 03 2793 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules Deschutes Subbasin 17110016 Proposed Critical Habitat for the Puget Sound Steelhead DPS WASHINGTON 47'O'O'N N i _::i2-=:::iI4_ _.8===lji2_ _.16K1!ometers 8Miles -=-=__li:::==-__ 01246 122'3O'O"W Area of Detail Legend ® Cities I Towns ~ Critical Habitat - - State Boundary (-:.:~ Subbasin Boundary OREGON IDAHO :::: :I~ Watershed Boundaries VerDate Mar<15>2010 This map does not show U.S. Department of Defense sttes determined to be ineligible fOr designation nor excluded areas associated with Indlan lands and Habitat Conservation Plans; see the regulatory text for a description of these exclUded areas. =W8tefShed code -last 2 digit&of 17110016xx 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00069 Fmt 4701 Sfmt 4725 E:\FR\FM\14JAP2.SGM 14JAP2 EP14JA13.025</GPH> srobinson on DSK4SPTVN1PROD with 01 - 02 2794 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules Skokomish Subbasin 17110017 Proposed Critical Habitat for the Puget Sound Steelhead DPS WASHINGTON 47"30'O"N N i O~13·25~2.5 . . .c:==~7.5 .__ . . 10~~W~ o~=-~...... 4=====ie...._aM~ 123'30'O'W Area of Detail Legend @ Cities/Towns ~ Critical Habitat - - State Boundary (':.:~ Subbasin Boundary :: : : :/~ Watershed Boundaries VerDate Mar<15>2010 This map does not show U.S. Department of Defense sites determined to be ineligible for designation nor excluded areas associated With Indian lands and Habitat Conservation Plans; see the regulatory text for a description of these excluded areas. =Watershed code - last 2 digits of 17110017xx 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00070 Fmt 4701 Sfmt 4725 E:\FR\FM\14JAP2.SGM 14JAP2 EP14JA13.026</GPH> srobinson on DSK4SPTVN1PROD with 0.1 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules 2795 Hood Canal Subbasin 17110018 Proposed Critical Habitat for the Puget Sound Steelhead DPS WASHINGTON O~~2~4. . . .~8==~12 . . . . . 1~b~m~ o 1.5 3 6 9 12 _::::iiIIC. . . .IIi::=====-...... MiJes 47~3O'0"N N ~ Area of Detail Legend ® Cities I Towns ~ Critical Habitat - - State Boundary IDAHO c:.:~ Subbasin Boundary :: :: :'~ Watershed Boundaries this map does not show U.S. Department of Defense sites detennlned to be ineligible for designation nor excluded areas associated with Indian lands and Habitat Conservation Plans; see the regulatory text for a description of these excluded areas. VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00071 Fmt 4701 Sfmt 4725 E:\FR\FM\14JAP2.SGM 14JAP2 EP14JA13.027</GPH> srobinson on DSK4SPTVN1PROD with 02 - 08 =watershed code -last 2 digits of 17110018xx 2796 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules Puget Sound Subbasin 17110019 Proposed Critical Habitat for the Puget Sound Steelhead DPS 48"3O'O"N 124"0'0"W N 48"00'11 ! ....~c:===3.0..... ~.~~ O~~5-=1.0 O.::l3.• .....1i::4===2.1. . . . . 5ci7 28Miles WASHINGTON 123"3O'.QW 123"O'O'W Area of Detail legend Cities I Towns @ ...rv-- Critical Habitat - - State Boundary (::~ Subbasin Boundary .... <II *1 ~""~ This map does nolshaw U.S. Department of Defense sites determined to be ineligible for designation nor exClUded areas associated with Indian lands and Habitat Conservation Plans; =watershed code· last 2 digits of 171100 19xx see the regulatory text for a description of these exClUded areas. [FR Doc. 2013–00241 Filed 1–11–13; 8:45 am] BILLING CODE 3510–22–C VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00072 Fmt 4701 Sfmt 9990 E:\FR\FM\14JAP2.SGM 14JAP2 EP14JA13.028</GPH> srobinson on DSK4SPTVN1PROD with 00 • 08 Watershed Boundaries

Agencies

[Federal Register Volume 78, Number 9 (Monday, January 14, 2013)]
[Proposed Rules]
[Pages 2725-2796]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00241]



[[Page 2725]]

Vol. 78

Monday,

No. 9

January 14, 2013

Part II





Department of Commerce





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





 National Oceanic and Atmospheric Administration





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





50 CFR Part 226





Endangered and Threatened Species; Designation of Critical Habitat for 
Lower Columbia River Coho Salmon and Puget Sound Steelhead; Proposed 
Rule

Federal Register / Vol. 78 , No. 9 / Monday, January 14, 2013 / 
Proposed Rules

[[Page 2726]]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 226

[Docket No. 110726419-2714-01]
RIN 0648-BB30


Endangered and Threatened Species; Designation of Critical 
Habitat for Lower Columbia River Coho Salmon and Puget Sound Steelhead

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

ACTION: Proposed rule; request for comments.

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

SUMMARY: We, the National Marine Fisheries Service (NMFS), propose to 
designate critical habitat for lower Columbia River coho salmon 
(Oncorhynchus kisutch) and Puget Sound steelhead (O. mykiss), currently 
listed as threatened species under the Endangered Species Act (ESA). 
The specific areas proposed for designation for lower Columbia River 
coho include approximately 2,288 mi (3,681 km) of freshwater and 
estuarine habitat in Oregon and Washington. The specific areas proposed 
for designation for Puget Sound steelhead include approximately 1,880 
mi (3,026 km) of freshwater and estuarine habitat in Puget Sound, 
Washington. We propose to exclude a number of particular areas from 
designation because the benefits of exclusion outweigh the benefits of 
inclusion and exclusion will not result in the extinction of the 
species.
    We are soliciting comments from the public on all aspects of the 
proposal, including information on the economic, national security, and 
other relevant impacts of the proposed designations, as well as the 
benefits to the species from designations. We will consider additional 
information received prior to making final designations.

DATES: Comments on this proposed rule must be received by 5 p.m. P.S.T. 
on April 15, 2013. Requests for public hearings must be made in writing 
by February 28, 2013.

ADDRESSES: You may submit comments on the proposed rule, identified by 
FDMS docket number [NOAA-NMFS-2012-0224], by any one of the following 
methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 503-230-5441, Attn: Steve Stone.
     Mail: Chief, Protected Resources Division, Northwest 
Region, National Marine Fisheries Service, 1201 NE. Lloyd Blvd., Suite 
1100, Portland, OR 97232.
    Instructions: Comments will be posted for public viewing as soon as 
possible during the comment period. All comments received are a part of 
the public record and will generally be posted to https://www.regulations.gov without change. We may elect not to post comments 
with obscene or threatening content. All Personal Identifying 
Information (for example, name, address, etc.) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information.
    We will accept anonymous comments (enter N/A in the required 
fields, if you wish to remain anonymous). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
file formats only. The proposed rule, list of references and supporting 
documents (including the Draft Biological Report (NMFS 2012a), the 
Draft Economic Analysis (NMFS 2012b), and the Draft Section 4(b)(2) 
Report (NMFS 2012c)) are also available electronically at https://www.nwr.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Steve Stone, NMFS, Northwest Region, 
Protected Resources Division, at the address above or at 503-231-2317; 
or Dwayne Meadows, NMFS, Office of Protected Resources, Silver Spring, 
MD, 301-427-8403.

SUPPLEMENTARY INFORMATION: 

Background

    We are responsible for determining whether species, subspecies, or 
distinct population segments (DPSs) are threatened or endangered and 
which areas of their habitat constitute critical habitat for them under 
the ESA (16 U.S.C. 1531 et seq.). To be considered for listing under 
the ESA, a group of organisms must constitute a ``species,'' which is 
defined in section 3 to include ``any subspecies of fish or wildlife or 
plants, and any distinct population segment of any species of 
vertebrate fish or wildlife which interbreeds when mature.'' The agency 
has determined that a group of Pacific salmon populations (including 
lower Columbia River coho) qualifies as a distinct population segment 
(DPS) if the group is substantially reproductively isolated and 
represents an important component in the evolutionary legacy of the 
biological species (56 FR 58612, November 20, 1991). We determined that 
a group of Pacific steelhead populations qualifies as a DPS if it is 
markedly separate and significant to its taxon (61 FR 4722, February 7, 
1996; 71 FR 834, January 5, 2006). In previous rulemaking we determined 
that lower Columbia River coho (70 FR 37160, June 28, 2005) and Puget 
Sound steelhead (72 FR 26722, May 11, 2007) are each DPSs that warrant 
protection as threatened species under the ESA. We also determined that 
critical habitat was not determinable at the time of those final 
listing decisions and announced that we would propose critical habitat 
in separate rulemaking. Since the time of listing, the recovery 
planning process has progressed for these two DPSs and additional new 
information is now available to better inform the designation process. 
In view of these developments, we published an advance notice of 
proposed rulemaking (ANPR) on January 10, 2011 (76 FR 1392), to make 
the public aware of the opportunity to provide us with comments and 
information that may be useful in making proposed critical habitat 
designations for these two DPSs. We received several comments and 
datasets in response to the ANPR, and these have been reviewed and 
incorporated as appropriate into documents and analyses supporting this 
proposed rule (NMFS, 2012a; NMFS, 2012c). We encourage those who 
submitted comments on the ANPR to review and comment on this proposed 
rule as well. We will address all relevant comments in the final rule.
    We considered various alternatives to the critical habitat 
designation for these DPSs. The alternative of not designating critical 
habitat would impose no economic, national security, or other relevant 
impacts, but would not provide any conservation benefit to the species. 
This alternative was considered and rejected because such an approach 
does not meet the legal requirements of the ESA and would not provide 
for the conservation of these species. The alternative of designating 
all of the areas considered for designation (i.e., no areas excluded) 
was also considered and rejected because, for several areas, the 
benefits of exclusion outweighed the benefits of designation, and we 
determined that exclusion of these areas would not significantly impede 
conservation of the species or result in extinction of the species. The 
total estimated annualized economic impact associated with the 
designation of all of the areas considered would be $357,815

[[Page 2727]]

for lower Columbia River coho and $460,924 for Puget Sound steelhead.
    An alternative to designating critical habitat within all of the 
areas considered for designation is the designation of critical habitat 
within a subset of these areas. Under section 4(b)(2) of the ESA, we 
must consider the economic impacts, impacts on national security, and 
other relevant impacts of designating any particular area as critical 
habitat. We have the discretion to exclude an area from designation as 
critical habitat if the benefits of exclusion (i.e., the impacts that 
would be avoided if an area were excluded from the designation) 
outweigh the benefits of designation (i.e., the conservation benefits 
to these species if an area were designated), so long as exclusion of 
the area will not result in extinction of the species. Exclusion under 
section 4(b)(2) of the ESA of one or more of the areas considered for 
designation would reduce the total impacts of designation.
    The determination of which units to exclude depends on our ESA 
section 4(b)(2) analysis, which is conducted for each area and 
described in detail in the draft ESA 4(b)(2) report (NMFS, 2012c). 
Under the preferred alternative we propose to exclude Indian lands as 
well as areas covered by several NMFS-approved habitat conservation 
plans. We also propose to exclude--due to economic impacts--some or all 
of the habitat areas in 1 of the 55 watersheds considered for lower 
Columbia River coho and 4 of the 66 watersheds considered for Puget 
Sound steelhead. The total estimated economic impact associated with 
the areas excluded due to economic impacts under this preferred 
alternative is $13,500 for lower Columbia River coho and $157,100 for 
Puget Sound steelhead. We determined that the exclusion of these areas 
would not significantly impede the conservation of either DPS or result 
in its extinction. We selected this as the preferred alternative 
because it results in a critical habitat designation that provides for 
the conservation of both lower Columbia River coho and Puget Sound 
steelhead while reducing economic and other relevant impacts. This 
alternative also meets the requirements under the ESA and our joint 
NMFS-U.S. Fish and Wildlife Service regulations concerning critical 
habitat.

Identifying Proposed Critical Habitat

Pacific Salmon and Steelhead Biology and Habitat Use

    Pacific salmon and steelhead are anadromous fish, meaning adults 
migrate from the ocean to spawn in freshwater lakes and streams where 
their offspring hatch and rear prior to migrating back to the ocean to 
forage until maturity. The migration and spawning times vary 
considerably between and within species and populations (Groot and 
Margolis, 1991). At spawning, adults pair to lay and fertilize 
thousands of eggs in freshwater gravel nests or ``redds'' excavated by 
females. Depending on lake/stream temperatures, eggs incubate for 
several weeks to months before hatching as ``alevins'' (a larval life 
stage dependent on food stored in a yolk sac). Following yolk sac 
absorption, alevins emerge from the gravel as young juveniles called 
``fry'' and begin actively feeding. Depending on the species and 
location, juveniles may spend from a few hours to several years in 
freshwater areas before migrating to the ocean. The physiological and 
behavioral changes required for the transition to salt water result in 
a distinct ``smolt'' stage in most species. On their journey juveniles 
must migrate downstream through every riverine and estuarine corridor 
between their natal (birth) lake or stream and the ocean. En route to 
the ocean the juveniles may spend from a few days to several weeks in 
the estuary, depending on the species. The highly productive estuarine 
environment is an important feeding and acclimation area for juveniles 
preparing to enter marine waters.
    Juveniles and subadults typically spend from one to five years 
foraging over thousands of miles in the North Pacific Ocean before 
returning to spawn. Some species, such as coho salmon, have precocious 
life history types (primarily male fish called ``jacks'') that mature 
and spawn after only several months in the ocean. Spawning migrations 
known as ``runs'' occur throughout the year, varying by species and 
location. Most adult fish return or ``home'' with great fidelity to 
spawn in their natal stream, although some do stray to non-natal 
streams. Salmon species die after spawning, while steelhead may return 
to the ocean and make repeat spawning migrations.
    This complex life cycle gives rise to complex habitat needs, 
particularly during the freshwater phase (see review by Spence et al., 
1996). Spawning gravels must be of a certain size and free of sediment 
to allow successful incubation of the eggs. Eggs also require cool, 
clean, and well-oxygenated waters for proper development. Juveniles 
need abundant food sources, including insects, crustaceans, and other 
small fishes. They need places to hide from predators (mostly birds and 
bigger fishes), such as under logs, root wads and boulders in the 
stream, and beneath overhanging vegetation. They also need places to 
seek refuge from periodic high flows (side channels and off channel 
areas) and from warm summer water temperatures (coldwater springs and 
deep pools). Returning adults generally do not feed in fresh water but 
instead rely on limited energy stores to migrate, mature, and spawn. 
Like juveniles, they also require cool water and places to rest and 
hide from predators. During all life stages salmon and steelhead 
require cool water that is free of contaminants. They also require 
migratory corridors with adequate passage conditions (timing, water 
quality, and water quantity) to allow access to the various habitats 
required to complete their life cycle.
    The homing fidelity of salmon and steelhead has created a meta-
population structure with discrete populations distributed among 
watersheds (McElhany et al., 2000). Low levels of straying result in 
regular genetic exchange among populations, creating genetic 
similarities among populations in adjacent watersheds. Maintenance of 
the meta-population structure requires a distribution of populations 
among watersheds where environmental risks (e.g., from landslides or 
floods) are likely to vary. It also requires migratory connections 
among the watersheds to allow for periodic genetic exchange and 
alternate spawning sites in the case that natal streams are 
inaccessible due to natural events such as a drought or landslide.
    More details regarding life history and habitat requirements of 
lower Columbia River coho and Puget Sound steelhead are found later in 
this rule under Species Descriptions and Area Assessments, as well as 
in the final listing rules cited above.

Statutory and Regulatory Background for Critical Habitat Designations

    The ESA defines critical habitat under section 3(5)(A) as: ``(i) 
the specific areas within the geographical area occupied by the 
species, at the time it is listed * * * on which are found those 
physical or biological features (I) essential to the conservation of 
the species and (II) which may require special management 
considerations or protection; and (ii) specific areas outside the 
geographical area occupied by the species at the time it is listed * * 
* upon a determination by the Secretary [of Commerce] that such areas 
are essential for the conservation of the species.''
    Section 4(a) of the ESA precludes military land from designation, 
where

[[Page 2728]]

that land is covered by an Integrated Natural Resource Management Plan 
that the Secretary has found in writing will benefit the listed 
species.
    Section 4(b)(2) of the ESA requires us to designate critical 
habitat for threatened and endangered species ``on the basis of the 
best scientific data available and after taking into consideration the 
economic impact, the impact on national security, and any other 
relevant impact, of specifying any particular area as critical 
habitat.'' This section grants the Secretary of Commerce (Secretary) 
discretion to exclude any area from critical habitat if he determines 
``the benefits of such exclusion outweigh the benefits of specifying 
such area as part of the critical habitat.'' In adopting this 
provision, Congress explained that, ``[t]he consideration and weight 
given to any particular impact is completely within the Secretary's 
discretion.'' H.R. No. 95-1625, at 16-17 (1978). The Secretary's 
discretion to exclude is limited, as he may not exclude areas that 
``will result in the extinction of the species.''
    Once critical habitat is designated, section 7 of the ESA requires 
Federal agencies to ensure they do not fund, authorize, or carry out 
any actions that will destroy or adversely modify that habitat. This 
requirement is in addition to the section 7 requirement that Federal 
agencies ensure their actions do not jeopardize the continued existence 
of listed species.

Methods and Criteria Used To Identify Critical Habitat

    In the following sections, we describe the relevant definitions and 
requirements in the ESA and our implementing regulations and the key 
methods and criteria used to prepare this proposed critical habitat 
designation. Discussion of the specific implementation of each item 
occurs within the species-specific sections. In accordance with section 
4(b)(2) of the ESA and our implementing regulations (50 CFR 424.12), 
this proposed rule is based on the best scientific information 
available concerning the species' present and historical range, 
habitat, and biology, as well as threats to their habitat. In preparing 
this proposed rule, we reviewed and summarized current information on 
these species, including recent biological surveys and reports, peer-
reviewed literature, NMFS status reviews, and the proposed and final 
rules to list these species. All of the information gathered to create 
this proposed rule has been collated and analyzed in three supporting 
documents: a Draft Biological Report (NMFS, 2012a); a Draft Economic 
Analysis (NMFS, 2012b); and a Draft Section 4(b)(2) Report (NMFS, 
2012c). We used this information to inform the identification of 
specific areas as critical habitat. We followed a five-step process in 
order to identify these specific areas: (1) Determine the geographical 
area occupied by the species at the time of listing, (2) identify 
physical or biological habitat features essential to the conservation 
of the species, (3) delineate specific areas within the geographical 
area occupied by the species on which are found the physical or 
biological features, (4) determine whether the features in a specific 
area may require special management considerations or protections, and 
(5) determine whether any unoccupied areas are essential for 
conservation. Our evaluation and conclusions are described in detail in 
the following sections.

Geographical Area Occupied by the Species and Specific Areas Within the 
Geographical Area

    Federal, state, and tribal fishery biologists map salmonid species 
distribution at the level of stream reaches. The mapping includes areas 
where the species has been observed (within the past 20 years, but 
typically more recently) or where it is presumed to occur based on the 
professional judgment of biologists familiar with the watershed and the 
availability of suitable habitat, in particular the location of known 
barriers. Much of these data can be accessed and analyzed using 
geographic information systems (GIS) to produce consistent and fine-
scale maps. As a result, nearly all salmonid freshwater and estuarine 
habitats in Washington, Oregon, Idaho, and California are mapped and 
available in GIS at a scale of 1:24,000 (e.g., Oregon Department of 
Fish and Wildlife (ODFW), 2010a; Washington Department of Fish and 
Wildlife (WDFW), 2010), allowing for accurate and refined delineation 
of ``geographical area occupied by the species'' referred to in the ESA 
definition of critical habitat. We accessed these GIS data beginning in 
2010, modified them based on input from state and tribal fishery 
biologists, and believe that they represent the best available 
information about areas occupied by each species at the time of 
listing.
    To identify ``specific areas,'' we used ``HUC5'' watersheds as we 
did in our 2005 salmonid critical habitat designations (70 FR 52630, 
September 2, 2005). HUC5 watershed delineations are created by the U.S. 
Geological Survey and are generally available from various federal 
agencies and via the internet (Interior Columbia Basin Ecosystem 
Management Project, 2003; Regional Ecosystem Office, 2004; U.S. 
Department of Interior and USGS, 2009). We used this information to 
organize critical habitat information systematically and at a scale 
that was relevant to the spatial distribution of salmon and steelhead. 
Organizing information at this scale is especially relevant to 
salmonids, since their innate homing ability allows them to return to 
particular reaches in the specific watersheds where they were born. 
Such site fidelity results in spatial aggregations of salmonid 
populations (and their constituent spawning stocks) that generally 
correspond to the area encompassed by wider HUC4 subbasins or their 
constituent HUC5 watersheds (Washington Department of Fisheries, 
Washington Department of Wildlife and Western Washington Treaty Indian 
Tribes, 1992; Kostow, 1995; McElhany et al., 2000).
    In addition, HUC5 watersheds are consistent with the scale of 
recovery efforts for West Coast salmon and steelhead, and watershed-
level analyses are now common throughout the West Coast. There are 
presently hundreds of watershed councils or groups in the Pacific 
Northwest. Many operate at a geographic scale of one to several HUC5 
watersheds and are integral parts of larger-scale salmon recovery 
strategies (Shared Strategy for Puget Sound, 2007; NMFS, 2012d). In 
addition to these efforts, NMFS has developed various ESA guidance 
documents that underscore the link between salmon conservation and the 
recovery of watershed processes (NMFS, 2000; NMFS, 2005; NMFS, 2007). 
Aggregating stream reaches into HUC5 watersheds allowed the agency to 
delineate ``specific areas'' within or outside the geographical area 
occupied by the species at a scale that corresponds well to salmonid 
population structure and ecological processes.
    As in our 2005 critical habitat designations (70 FR 52630, 
September 2, 2005), we identified estuary features essential to 
conservation of these species. For streams and rivers that empty into 
marine areas, we included the associated estuary as part of the HUC5 
``specific area.'' Also, as in our 2005 salmonid designations, we 
identified certain prey species in nearshore and offshore marine waters 
(such as Pacific herring) as essential features, and concluded that 
some may require special management considerations or protection 
because they are commercially harvested. However, prey species move or 
drift

[[Page 2729]]

great distances throughout marine waters, often in association with 
oceanographic features that also move (such as eddies and 
thermoclines). Thus, although we sought new information to better 
inform this question, we continue to conclude that we cannot identify 
specific offshore marine areas where the essential habitat features may 
be found (NMFS, 2012e).
    We also considered marine areas in Puget Sound for steelhead as 
potential specific areas, but concluded that at this time the best 
available information suggests there are no areas that meet the 
definition of critical habitat in the statute. In our 2005 rule (70 FR 
52630, September 2, 2005), we designated critical habitat in nearshore 
areas for Puget Sound Chinook and Hood Canal summer-run chum salmon. 
However, steelhead move rapidly out of freshwater and into offshore 
marine areas, unlike Puget Sound Chinook and Hood Canal summer chum, 
making it difficult to identify specific foraging areas where the 
essential features are found. We therefore determined that for Puget 
Sound steelhead it is not possible to identify specific areas in the 
nearshore zone in Puget Sound.

Primary Constituent Elements and Physical or Biological Features 
Essential to the Conservation of the Species

    Agency regulations at 50 CFR 424.12(b) interpret the statutory 
phrase ``physical or biological features essential to the conservation 
of the species.'' The regulations state that these features include, 
but are not limited to, space for individual and population growth and 
for normal behavior; food, water, air, light, minerals, or other 
nutritional or physiological requirements; cover or shelter; sites for 
breeding, reproduction, and rearing of offspring; and habitats that are 
protected from disturbance or are representative of the historical 
geographical and ecological distribution of a species. The regulations 
further direct us to ``focus on the principal biological or physical 
constituent elements * * * that are essential to the conservation of 
the species, and specify that these elements shall be the `known 
primary constituent elements'.'' The regulations identify primary 
constituent elements (PCE) as including, but not being limited to: 
``roost sites, nesting grounds, spawning sites, feeding sites, seasonal 
wetland or dryland, water quality or quantity, host species or plant 
pollinator, geological formation, vegetation type, tide, and specific 
soil types.''
    For the 2005 critical habitat designations (70 FR 52630, September 
2, 2005), NMFS biologists developed a list of physical and biological 
features relevant to determining whether occupied stream reaches within 
a watershed meet the ESA section (3)(5)(A) definition of ``critical 
habitat,'' consistent with the implementing regulation at 50 CFR 
424.12(b). Relying on the biology and life history of each species, we 
determined the physical or biological habitat features essential to 
their conservation. For the present rulemaking, we use the same 
features, which we identified in the advance notice of proposed 
rulemaking (76 FR 1392, January 10, 2011). These features include sites 
essential to support one or more life stages of the DPS (sites for 
spawning, rearing, migration and foraging). These sites in turn contain 
physical or biological features essential to the conservation of the 
DPS (for example, spawning gravels, water quality and quantity, side 
channels, forage species). Specific types of sites and the features 
associated with them (both of which are referred to as PCEs) include 
the following:
    1. Freshwater spawning sites with water quantity and quality 
conditions and substrate supporting spawning, incubation and larval 
development.
    2. Freshwater rearing sites with water quantity and floodplain 
connectivity to form and maintain physical habitat conditions and 
support juvenile growth and mobility; water quality and forage 
supporting juvenile development; and natural cover such as shade, 
submerged and overhanging large wood, log jams and beaver dams, aquatic 
vegetation, large rocks and boulders, side channels, and undercut 
banks.
    3. Freshwater migration corridors free of obstruction with water 
quantity and quality conditions and natural cover such as submerged and 
overhanging large wood, aquatic vegetation, large rocks and boulders, 
side channels, and undercut banks supporting juvenile and adult 
mobility and survival.
    4. Estuarine areas free of obstruction with water quality, water 
quantity, and salinity conditions supporting juvenile and adult 
physiological transitions between fresh- and saltwater; natural cover 
such as submerged and overhanging large wood, aquatic vegetation, large 
rocks and boulders, and side channels; and juvenile and adult forage, 
including aquatic invertebrates and fishes, supporting growth and 
maturation.
    5. Nearshore marine areas free of obstruction with water quality 
and quantity conditions and forage, including aquatic invertebrates and 
fishes, supporting growth and maturation; and natural cover such as 
submerged and overhanging large wood, aquatic vegetation, large rocks 
and boulders, and side channels.
    6. Offshore marine areas with water quality conditions and forage, 
including aquatic invertebrates and fishes, supporting growth and 
maturation.
    We re-evaluated these PCEs and determined that they are all fully 
applicable to lower Columbia River coho and Puget Sound steelhead. The 
habitat areas proposed for designation in this rule currently contain 
PCEs within the acceptable range of values required to support the 
biological processes for which the species use the habitat (NMFS 
2012a). The contribution of the PCEs to the habitat varies by site and 
biological function, illustrating that the quality of the elements may 
vary within a range of acceptable conditions.

Special Management Considerations or Protection

    An occupied area cannot be designated as critical habitat unless it 
contains physical and biological features that ``may require special 
management considerations or protection.'' Agency regulations at 50 CFR 
424.02(j) define ``special management considerations or protection'' to 
mean ``any methods or procedures useful in protecting physical and 
biological features of the environment for the conservation of listed 
species.'' Many forms of human activity have the potential to affect 
the habitat of listed salmon species: (1) Forestry; (2) grazing; (3) 
agriculture; (4) road building/maintenance; (5) channel modifications/
diking; (6) urbanization; (7) sand and gravel mining; (8) mineral 
mining; (9) dams; (10) irrigation impoundments and withdrawals; (11) 
river, estuary, and ocean traffic; (12) wetland loss/removal; (13) 
beaver removal; (14) exotic/invasive species introductions. In addition 
to these, human harvest of salmonid prey species (e.g., herring, 
anchovy, and sardines) may present another potential habitat-related 
activity (Pacific Fishery Management Council, 1999). All of these 
activities have PCE-related impacts via their alteration of one or more 
of the following: stream hydrology, flow and water-level modifications, 
fish passage, geomorphology and sediment transport, temperature, 
dissolved oxygen, vegetation, soils, nutrients and chemicals, physical 
habitat structure, and stream/estuarine/marine biota and forage (Spence 
et al., 1996; Pacific Fishery Management Council, 1999).

Unoccupied Areas

    Section 3(5)(A)(ii) of the ESA authorizes the designation of 
``specific

[[Page 2730]]

areas outside the geographical area occupied at the time [the species] 
is listed'' if these areas are essential for the conservation of the 
species. Regulations at 50 CFR 424.12(e) emphasize that the agency 
``shall designate as critical habitat areas outside the geographical 
area presently occupied by a species only when a designation limited to 
its present range would be inadequate to ensure the conservation of the 
species.'' We focused our attention on the species' historical range 
when considering unoccupied areas since these logically would have been 
adequate to support the evolution and long-term maintenance of distinct 
population segments. As with occupied areas, we considered the stream 
segments within a HUC5 watershed to best describe specific areas. While 
it is possible to identify which HUC5s represent geographical areas 
that were historically occupied with a high degree of certainty, this 
is not always the case with specific stream segments. This is due, in 
part, to the emphasis on mapping currently occupied habitats and to the 
paucity of site-specific or systematic historical stream surveys. As 
described later in this proposed rule, we did identify unoccupied 
stream reaches that are essential for conservation of Puget Sound 
steelhead as well as an unoccupied area that might be essential for 
conservation of lower Columbia River coho.

Military Lands

    Section 4(a)(3) of the ESA precludes the Secretary from designating 
military lands as critical habitat if those lands are subject to an 
Integrated Natural Resource Management Plan (INRMP) under the Sikes Act 
that the Secretary certifies in writing benefits the listed species. We 
consulted with the Department of Defense (DOD) and determined that 
three installations in Washington with either draft or final INRMPs 
overlap with streams occupied by Puget Sound steelhead: (1) Naval Base 
Kitsap; (2) Naval Radio Station, Jim Creek; and (3) Joint Base Lewis-
McChord (Army and Air Force). We did not identify any INRMPs or DOD 
installations within the range of lower Columbia River coho.
    We identified habitat meeting the statutory definition of critical 
habitat at each of the above installations and reviewed the INRMPs, as 
well as other information available regarding the management of these 
military lands. Our preliminary review indicates that each of these 
INRMPs address Puget Sound steelhead habitat, and all contain measures 
that provide benefits to this DPS (NMFS, 2012c). Examples of the types 
of benefits include actions that eliminate fish passage barriers, 
control erosion, protect riparian zones, increase stream habitat 
complexity, and monitor listed species and their habitats. As a result, 
we are not proposing to designate critical habitat in areas subject to 
the INRMPs identified above.

Critical Habitat Analytical Review Teams

    To assist in the designation of critical habitat, we convened two 
Critical Habitat Analytical Review Teams (Teams)--one for lower 
Columbia River coho and another for Puget Sound steelhead. The Teams 
consisted of NMFS salmonid habitat biologists who were tasked with 
assessing biological information pertaining to areas under 
consideration for designation as critical habitat (NMFS, 2012a). The 
Teams examined each habitat area within the watershed to determine 
whether the reaches occupied by the species contain the physical or 
biological features essential to conservation. The Teams also relied on 
their experience conducting section 7 consultations to determine 
whether the features ``may require special management considerations or 
protection.''
    In addition to occupied areas, the definition of critical habitat 
includes unoccupied areas if we determine the area is essential for 
conservation. Accordingly, the Teams were next asked whether there were 
any unoccupied areas within the historical range of the DPSs that may 
be essential for conservation. Where information was available to make 
this determination, the Teams identified any currently unoccupied areas 
essential for conservation. In some cases, the Teams did not have 
information available that would allow them to draw that conclusion. 
The Teams nevertheless identified areas they believe might, in the 
future, be determined essential through ongoing recovery planning 
efforts. These are identified under the Species Descriptions and Area 
Assessments section, and we are specifically requesting information 
regarding such areas (see Public Comments Solicited below).
    The Teams were next asked to determine the relative conservation 
value of each area for each DPS. The Teams scored each habitat area 
based on several factors related to the quantity and quality of the 
physical and biological features (see NMFS, 2012a for details). They 
next considered each area in relation to other areas and with respect 
to the population occupying that area. Based on a consideration of the 
raw scores for each area, and a consideration of that area's 
contribution to conservation in relation to other areas and in relation 
to the overall population structure of the DPS, the Teams rated each 
habitat area as having a ``high,'' ``medium'' or ``low'' conservation 
value.
    The rating of habitat areas as having a high, medium or low 
conservation value informed the discretionary balancing consideration 
in ESA section 4(b)(2). The higher the conservation value for an area, 
the greater may be the likely benefit of the ESA section 7 protections. 
The Teams also assessed the likelihood of section 7 consultations in a 
particular watershed (that is, how strong is the ``Federal nexus'') and 
how much protection would exist in the absence of a section 7 
consultation (that is, how protective are existing management measures 
and would they likely continue in the absence of section 7 
requirements). The Teams determined that all of the watersheds had a 
high likelihood of receiving a section 7 consultation, but with varying 
degrees of benefit from designation as critical habitat.
    As discussed earlier, the scale chosen for the ``specific area'' 
referred to in ESA section 3(5)(a) was a HUC5 watershed. There were 
some complications with the way some watersheds were delineated that 
required us to adapt the approach for some areas. In particular, a 
large stream or river might serve as a rearing and migration corridor 
to and from many watersheds, yet be embedded itself in a watershed. In 
any given watershed through which it passes, the stream may have a few 
or several tributaries. For rearing/migration corridors embedded in a 
watershed, the Teams were asked to rate the conservation value of the 
watershed based on the tributary habitat. We assigned the rearing/
migration corridor the rating of the highest-rated watershed for which 
it served as a rearing/migration corridor. The reason for this 
treatment of migration corridors is the role they play in the salmon's 
life cycle. Salmon are anadromous--born in fresh water, migrating to 
salt water to feed and grow, and returning to fresh water to spawn. 
Without a rearing/migration corridor to and from the sea, salmon cannot 
complete their life cycle. It would be illogical to consider a spawning 
and rearing area as having a particular conservation value and not 
consider the associated rearing/migration corridor as having a similar 
conservation value.

Species Descriptions and Area Assessments

    This section describes the lower Columbia River coho and Puget 
Sound

[[Page 2731]]

steelhead DPSs, noting specific life-history traits and associated 
habitat requirements, and summarizes the Teams' assessment of habitat 
areas for each DPS. The Teams' assessments addressed PCEs in the 
habitat areas within watersheds as well as a separate Columbia River 
rearing/migration corridor for lower Columbia River coho. For ease of 
reporting and reference these watersheds have been organized into their 
larger, associated subbasin.

Lower Columbia River Coho Salmon Life History and Conservation Status

    The lower Columbia River coho DPS includes all naturally spawned 
populations of coho in the Columbia River and its tributaries in 
Washington and Oregon, from the mouth of the Columbia River upstream to 
and including the Big White Salmon and Hood Rivers, and including the 
lower Willamette River up to Willamette Falls, Oregon, as well as coho 
from twenty-five artificial propagation programs located in numerous 
watersheds throughout the range of the DPS (70 FR 37160, June 28, 
2005).
    Coho populations in this DPS display one of two major life history 
types based on when and where adults migrate from the Pacific Ocean to 
spawn in fresh water. Early returning coho (Type S) typically forage in 
marine waters south of the Columbia River and return beginning in mid-
August, while late returning coho (Type N) generally forage to the 
north and return to the Columbia River from late September through 
December (ODFW, 2010b). It is thought that early returning coho migrate 
to headwater areas and late returning fish migrate to the lower reaches 
of larger rivers or into smaller streams and creeks along the Columbia 
River. Although there is some level of reproductive isolation and 
ecological specialization between early and late types, there is some 
uncertainty regarding the importance of these differences (Myers et 
al., 2006). Some tributaries historically supported spawning by both 
life history types.
    Mature coho of both types typically enter fresh water to spawn from 
late summer to late autumn. Spawning typically occurs between November 
and January. Migration and spawning timing of specific local 
populations may be affected by factors such as latitude, migration 
distance, flows, water temperature, maturity, or migration obstacles. 
Coho generally occupy intermediate positions in tributaries, typically 
further upstream than chum salmon or fall-run Chinook salmon, but often 
downstream of steelhead or spring-run Chinook salmon (ODFW, 2010b). 
Typical coho spawning habitat includes pea to orange-size spawning 
gravel in small, relatively low-gradient tributaries (ODFW, 2010b). Egg 
incubation can take from 45 to 140 days, depending on water 
temperature, with longer incubation in colder water. Fry may thus 
emerge from early spring to early summer. Juveniles prefer complex 
instream structure (primarily large and small woody debris) and shaded 
streams with tree-lined banks for rearing; they often overwinter in 
off-channel alcoves and beaver ponds (where available) (ODFW, 2010a). 
Freshwater rearing lasts until the following spring when the juveniles 
undergo physiological changes (smoltification) and migrate to salt 
water. Juvenile coho are present in the Columbia River estuary from 
March to August (Washington Lower Columbia Salmon Recovery and Fish and 
Wildlife Subbasin Plan, 2010). Coho grow relatively quickly in the 
ocean, reaching up to six kilograms after about 16 months of ocean 
rearing. Most coho are sexually mature at age three, except for a small 
percentage of males (jacks) who return to natal waters after only a few 
months of ocean residency. All coho die after spawning.
    There are 24 historical populations of lower Columbia River coho 
identified in three ecological zones or ``strata'' within the range of 
this DPS: Coast, Cascade, and Gorge strata (Myers et al., 2006). 
McElhany et al. (2007) assessed the viability of lower Columbia River 
coho populations and determined that only one--the Clackamas River--is 
approaching viability. They also observed that, with the exception of 
the Clackamas and Sandy populations, it is likely that most of the wild 
lower Columbia River coho populations were effectively extirpated in 
the 1990s and that no viable populations appear to exist in either the 
Coast or Gorge stratum. Although recently there is evidence of some 
natural production in this DPS, the majority of populations remain 
dominated by hatchery origin spawners, and there is little data to 
indicate they would naturally persist in the long term (NMFS, 2003). 
Approximately 40 percent of historical habitat is currently 
inaccessible, which restricts the number of areas that might support 
natural production, and further increases the DPS's vulnerability to 
environmental variability and catastrophic events (NMFS, 2003). The 
extreme loss of naturally spawning populations, the low abundance of 
extant populations, diminished diversity, and fragmentation and 
isolation of the remaining naturally produced fish confer considerable 
risks to lower Columbia River coho.
    Major habitat factors limiting recovery in fresh water include 
floodplain connectivity and function, channel structure and complexity, 
riparian areas and large woody debris recruitment, stream substrate, 
stream flow, and water quality (Pacific Coast Salmon Restoration Funds, 
2007). In addition to impacts of the Federal Columbia River Hydropower 
System (especially Bonneville Dam on the mainstem Columbia River), 
numerous other populations are affected by upstream and tributary dams 
in the White Salmon, Hood, Lewis, Cowlitz, Sandy, and Clackamas basins, 
although many of those effects are being addressed as a result of 
recent Federal Energy Regulatory Commission re-licensing and associated 
ESA section 7 consultations. For example, the removal of Marmot and 
Little Sandy dams in the Sandy River basin has improved passage for the 
coho population into the upper watershed, and the removal of Condit Dam 
in 2011 is expected to support restoration of the White Salmon River 
portion of the Washington Upper Gorge coho population.
    The ocean survival of juvenile lower Columbia River coho can be 
affected by estuary factors such as changes in food availability and 
the presence of contaminants. Characteristics of the Columbia River 
plume are also thought to be significant to lower Columbia River coho 
migrants during transition to the ocean phase of their lifecycle, 
because yearling migrants appear to use the plume as habitat, in 
contrast to other species whose sub-yearling juveniles stay closer to 
shore (Fresh et al., 2005). Predation and growth during the first 
marine summer appear to be important components determining coho brood-
year strength (Beamish et al., 2001).
    Recovery planning for coho and other ESA-listed salmon and 
steelhead in the lower Columbia River is underway, and a proposed 
recovery plan was made available for public comment in May 2012 (77 FR 
28855, 16 May 2012). The proposed recovery plan includes three 
``management unit'' plans, or plans addressing geographic areas smaller 
than the entire range of the DPS: (1) A Washington Lower Columbia 
management unit plan overseen and coordinated by the Lower Columbia 
Fish Recovery Board (LCFRB); (2) a White Salmon management unit plan 
overseen by NMFS and addressing the White Salmon River basin in 
Washington; and (3) an Oregon Lower Columbia management unit plan led 
by the ODFW with participation by the Oregon Governor's Natural 
Resources

[[Page 2732]]

Office, NMFS, and the Oregon Lower Columbia River Stakeholder Team. Two 
other documents--an estuary module and a hydropower module--are key 
components of this recovery plan. These documents, which address 
regional-scale issues affecting lower Columbia River salmon and 
steelhead and other listed Columbia River DPSs, provide a consistent 
set of assumptions and recovery actions that were incorporated into 
each management unit plan. The plans also are all consistent with work 
by the Willamette/Lower Columbia Technical\Recovery Team, which was 
formed by NMFS to assess the population structure and develop viability 
criteria for listed lower Columbia River salmon and steelhead (see 
McElhany et al., 2003; McElhany et al., 2006; Myers et al., 2006; and 
McElhany et al., 2007). Because the ESA requires that recovery plans 
address the entire listed entity/DPS, NMFS synthesized these management 
unit plans and modules into a single recovery plan that also 
underscores interdependencies and issues of regional scope, and ensures 
that the entire salmon life cycle is addressed.
    Critical habitat is currently designated for three DPSs of salmon 
and steelhead that use lower Columbia tributary watersheds for spawning 
and rearing: lower Columbia River Chinook salmon, lower Columbia River 
steelhead, and Columbia River chum salmon (70 FR 52630, September 2, 
2005). Critical habitat is also designated in the lower Columbia River 
and several tributaries for bull trout (75 FR 63898, October 18, 2010) 
and the Southern DPS of Pacific eulachon (76 FR 65324, October 20, 
2011). In addition, green sturgeon (74 FR 52300, October 9, 2009) and 
several listed salmonid DPSs that spawn in watersheds upstream of the 
range of lower Columbia River coho (e.g., Snake River fall Chinook 
salmon) have rearing and migration areas designated as critical habitat 
in areas occupied by coho in the lower Columbia River and estuary (58 
FR 68543, December 28, 1993; 64 FR 57399, October 25, 1999; 70 FR 
52630, September 2, 2005). These existing designations have extensive 
overlap with areas under consideration as critical habitat for lower 
Columbia River coho, and given the shared general life history 
characteristics of all these anadromous salmonids, the essential 
habitat features will likewise be similar to those for existing salmon 
and steelhead designations.
    The lower Columbia River Team's assessment for this DPS addressed 
10 subbasins containing 55 occupied watersheds, as well as the lower 
Columbia River rearing/migration corridor. Each of these 56 areas 
constituted the specific areas for the analysis of critical habitat for 
this species. The Team evaluated the conservation value of habitat 
areas on the basis of the habitat requirements of lower Columbia River 
coho, consistent with the PCEs described in the ``Primary Constituent 
Elements and Physical or Biological Features Essential to the 
Conservation of the Species'' section above. The Team also considered 
the conservation value of each specific area in the context of the 
populations within the strata identified by a separate Technical 
Recovery Team (TRT) convened to address biological issues relating to 
the recovery of this DPS (Myers et al., 2006). Summarized information 
is presented below by USGS subbasin because the subbasin presents a 
convenient and systematic way to organize the Team's watershed 
assessments for this DPS and their names are generally more 
recognizable because they typically identify major river systems. Full 
details are in the biological report supporting this proposed 
designation (NMFS, 2012a).
    Middle Columbia/Hood Subbasin--This subbasin contains 13 
watersheds, 8 of which are occupied by this DPS. Occupied watersheds 
encompass approximately 1,370 mi\2\ (3,548 km\2\). Fish distribution 
and habitat use data identify approximately 212 miles (341 km) of 
occupied riverine habitat in the watersheds, including a 23-mile (37-
km) segment of the Columbia River (ODFW, 2010a; WDFW, 2010). Myers et 
al. (2006) identified a single ecological zone (Columbia Gorge) 
containing three populations: Upper Gorge Tributaries, Big White Salmon 
River, and Hood River. The Team concluded that all occupied areas 
contain spawning, rearing, or migration PCEs for this DPS and 
identified several management activities that may affect the PCEs, 
including agriculture, channel modifications/diking, forestry, 
irrigation impoundments and withdrawals, and urbanization (NMFS, 
2012a). The Team also determined that the occupied watersheds in this 
subbasin were of either high or medium conservation value to the DPS. 
Of the eight watersheds reviewed, five were rated as having high 
conservation value and three were rated as having medium conservation 
value to the DPS. The Team noted that two watersheds (Middle Columbia/
Eagle Creek and Middle Columbia/Grays Creek) contain a high value 
rearing and migration corridor in the Columbia River connecting high 
value upstream watersheds with downstream reaches and the ocean. The 
Team also considered whether blocked historical habitat above Condit 
Dam (on the White Salmon River) may be essential for conservation of 
the DPS. The decommissioning of this 100-year-old dam occurred in the 
summer of 2011 and will allow coho and other salmonids access to at 
least 26 miles (42 km) of habitat in the basin upstream (PacifiCorp, 
2012a; PacifiCorp, 2012b). The Team determined that accessing this 
habitat would likely provide a benefit to the DPS. However, the Team 
concluded that it was unclear whether the areas above Condit Dam are 
essential for conservation of the entire DPS, especially in comparison 
to other, more extensive, historical habitats where coho are actively 
being reintroduced and that may be of greater potential benefit to the 
DPS (e.g., areas in the Upper Lewis River). We seek comments and 
information specific to this unoccupied area and whether it is 
essential to the conservation of lower Columbia River coho.
    Lower Columbia/Sandy Subbasin--This subbasin contains nine 
watersheds, all of which are occupied by this DPS. Occupied watersheds 
encompass approximately 1,076 mi\2\ (2,787 km\2\). Fish distribution 
and habitat use data identify approximately 453 miles (729 km) of 
occupied riverine habitat in the watersheds, including a 26-mile (42-
km) segment of the Columbia River (ODFW, 2010a; WDFW, 2010). Myers et 
al. (2003) identified two ecological zones associated with this 
subbasin (Western Cascade Range and Columbia Gorge) containing four 
populations (Lower Gorge tributaries, Sandy River, Washougal River, and 
Salmon Creek). The Team concluded that all occupied areas contain 
spawning, rearing, or migration PCEs for this DPS and identified 
several management activities that may affect the PCEs, including 
agriculture, channel modifications/diking, forestry, irrigation 
impoundments and withdrawals, road building/maintenance, and 
urbanization (NMFS, 2012a). The Team also determined that the occupied 
watersheds in this subbasin were of high or medium conservation value 
to the DPS. Of the nine watersheds reviewed, four were rated as having 
high conservation value and five were rated as having medium 
conservation value to the DPS. The Team also noted that one watershed 
(Columbia Gorge Tributaries) contains a high value rearing and 
migration corridor in the Columbia River connecting high value upstream 
watersheds with downstream reaches and the ocean.

[[Page 2733]]

    Lewis Subbasin--This subbasin contains six watersheds, all of which 
are currently occupied by this DPS (including four watersheds above 
Merwin Dam now accessible to coho via trap and haul operations in the 
Upper Lewis River (PacifiCorp et al., 2004). Occupied watersheds 
encompass approximately 456 mi\2\ (1,181 km\2\). Fish distribution and 
habitat use data identify approximately 299 miles (481 km) of occupied 
riverine habitat in the watersheds (WDFW, 2010). Myers et al. (2003) 
identified one ecological zone associated with this subbasin (Western 
Cascade Range) containing two populations--one in the East Fork Lewis 
River and the other in the North Fork Lewis River. The Team concluded 
that all occupied areas contain spawning, rearing, or migration PCEs 
for this DPS and identified several management activities that may 
affect the PCEs, including agriculture, channel modifications/diking, 
forestry, irrigation impoundments and withdrawals, road building/
maintenance, and urbanization (NMFS, 2012a). The Team also determined 
that the occupied watersheds in this subbasin ranged from high to low 
conservation value to the DPS. Of the six watersheds reviewed, three 
were rated as having high conservation value, two were rated as having 
medium conservation value, and one was rated as having low conservation 
value to the DPS.
    Lower Columbia/Clatskanie Subbasin--This subbasin contains six 
watersheds, all of which are occupied by this DPS. Occupied watersheds 
encompass approximately 841 mi\2\ (2,178 km\2\). Fish distribution and 
habitat use data identify approximately 387 miles (623 km) of occupied 
riverine habitat in the watersheds (ODFW, 2010a; WDFW, 2010). Myers et 
al. (2003) identified two ecological zones (Coast Range and Western 
Cascade Range) containing four populations (Kalama River, Clatskanie 
River, Elochoman Creek, and Scappoose Creek) in this subbasin. The Team 
concluded that all occupied areas contain spawning, rearing, or 
migration PCEs for this DPS and identified several management 
activities that may affect the PCEs, including agriculture, channel 
modifications/diking, forestry, irrigation impoundments and 
withdrawals, road building/maintenance, urbanization, and wetlands 
loss/removal (NMFS, 2012a). The Team also determined that the occupied 
watersheds in this subbasin were of high or medium conservation value 
to the DPS. Of the six watersheds reviewed, three were rated as having 
high conservation value and three were rated as having medium 
conservation value to the DPS.
    Upper Cowlitz Subbasin--This subbasin contains five watersheds, all 
of which are occupied by this DPS. Occupied watersheds encompass 
approximately 1,030 mi\2\ (2,668 km\2\). Fish distribution and habitat 
use data identify approximately 181 miles (291 km) of occupied riverine 
habitat in the watersheds (WDFW, 2010). This entire habitat is located 
upstream of impassable dams (Mayfield and Mossyrock dams) and only 
accessible to anadromous fish via trap and haul operations. Myers et 
al. (2003) identified one ecological zone (Western Cascade Range) 
containing two populations (Upper Cowlitz River and Cispus River) in 
this subbasin. The Team concluded that all occupied areas contain 
spawning, rearing, or migration PCEs for this DPS and identified 
several management activities that may affect the PCEs, including 
agriculture, channel modifications/diking, forestry, road building/
maintenance, and urbanization (NMFS, 2012a). The Team also determined 
that four of the occupied HUC5 watersheds in this subbasin were of high 
conservation value and one was of medium conservation value to the DPS.
    Lower Cowlitz Subbasin--This subbasin contains eight watersheds, 
all of which are occupied by this DPS. Occupied watersheds encompass 
approximately 1,460 mi\2\ (3,781 km\2\). Fish distribution and habitat 
use data identify approximately 791 miles (1,273 km) of occupied 
riverine habitat in the watersheds (WDFW, 2010). Habitat in two 
watersheds--Tilton River and Riffe Reservoir--is located upstream of 
impassable dams (Mayfield Dam and Mossyrock Dam) and only accessible to 
anadromous fish via trap and haul operations. Myers et al. (2003) 
identified one ecological zone (Western Cascade Range) containing six 
populations (Upper Cowlitz River, Lower Cowlitz River, Tilton River, 
Coweeman River, North Fork Toutle River, and South Fork Toutle River) 
in this subbasin. The Team concluded that all occupied areas contain 
spawning, rearing, or migration PCEs for this DPS and identified 
several management activities that may affect the PCEs, including 
agriculture, channel modifications/diking, forestry, irrigation 
impoundments and withdrawals, road building/maintenance, urbanization, 
and wetlands loss/removal (NMFS, 2012a). The Team also determined that 
the occupied watersheds in this subbasin ranged from high to low 
conservation value to the DPS. Of the eight watersheds reviewed, six 
were rated as having high conservation value, one was rated as having 
medium conservation value, and one was rated as having low conservation 
value to the DPS.
    Lower Columbia Subbasin--This subbasin contains three watersheds, 
all of which are occupied by this DPS. Occupied watersheds encompass 
approximately 515 mi\2\ (1,334 km\2\). Fish distribution and habitat 
use data identify approximately 370 miles (595 km) of occupied riverine 
habitat in the watersheds (ODFW, 2010a; WDFW, 2010). Myers et al. 
(2003) identified one ecological zone (Coast Range) containing three 
populations (Grays/Chinook Rivers, Big Creek, and Youngs Bay) in this 
subbasin. The Team concluded that all occupied areas contain spawning, 
rearing, or migration PCEs for this DPS and identified several 
management activities that may affect the PCEs, including agriculture, 
channel modifications/diking, forestry, irrigation impoundments and 
withdrawals, road building/maintenance, urbanization, and wetlands 
loss/removal (NMFS, 2012a). Of the three watersheds reviewed, one was 
rated as having high conservation value and two were rated as having 
medium conservation value to the DPS.
    Middle Willamette Subbasin--The occupied portion of this subbasin 
is downstream of Willamette Falls and includes a single watershed 
(Abernethy Creek) as well as a short segment (approximately 1 mile (1.6 
km)) of the Willamette River downstream of Willamette Falls. The 
Abernethy Creek watershed encompasses approximately 134 mi\2\ (347 
km\2\). Fish distribution and habitat use data from ODFW identify 
approximately 27 miles (43 km) of occupied riverine habitat in the 
subbasin (ODFW, 2010a). Myers et al. (2003) identified one ecological 
zone (Western Cascade Range) containing one population (Clackamas 
River) in this subbasin. The Team concluded that all occupied areas 
contain spawning, rearing, or migration PCEs for this DPS and 
identified several management activities that may affect the PCEs, 
including agriculture, channel modifications/diking, forestry, 
irrigation impoundments and withdrawals, road building/maintenance, 
urbanization, and wetlands loss/removal (NMFS, 2012a). The Team also 
determined that the single occupied watershed in this subbasin was of 
low conservation value to the DPS.
    Clackamas Subbasin--This subbasin contains six watersheds, two of 
which are occupied by this DPS. Occupied watersheds encompass 
approximately 270 mi\2\ (699 km\2\). Fish distribution and

[[Page 2734]]

habitat use data identify approximately 253 miles (407 km) of occupied 
riverine habitat in the watersheds (ODFW, 2010a). Myers et al. (2003) 
identified one ecological zone (Western Cascade Range) containing one 
population (Clackamas River) in this subbasin. The Team concluded that 
all occupied areas contain spawning, rearing, or migration PCEs for 
this DPS and identified several management activities that may affect 
the PCEs, including agriculture, channel modifications/diking, 
forestry, irrigation impoundments and withdrawals, road building/
maintenance, urbanization, and wetlands loss/removal (NMFS, 2012a). The 
Team also determined that all of the occupied watersheds in this 
subbasin were of high conservation value to the DPS.
    Lower Willamette Subbasin-- This subbasin contains three 
watersheds, all of which are occupied by this DPS. Occupied watersheds 
encompass approximately 407 mi\2\ (1,054 km\2\). Fish distribution and 
habitat use data identify approximately 163 miles (262 km) of occupied 
riverine habitat in the watersheds (ODFW, 2010b). Myers et al. (2003) 
identified two ecological zones (Coast Range and Western Cascade Range) 
containing two populations (Clackamas River and Scappoose Creek) in 
this subbasin. The Team concluded that all occupied areas contain 
spawning, rearing, or migration PCEs for this DPS and identified 
several management activities that may affect the PCEs, including 
agriculture, channel modifications/diking, forestry, irrigation 
impoundments and withdrawals, road building/maintenance, urbanization, 
and wetlands loss/removal (NMFS, 2012a). Of the three watersheds 
reviewed, two were rated as having high conservation value and one was 
rated as having medium conservation value to the DPS.
    Lower Columbia River Corridor--The lower Columbia River rearing and 
migration corridor consists of that segment of the Columbia River from 
the confluences of the Sandy River (Oregon) and Washougal River 
(Washington) to the Pacific Ocean. Fish distribution and habitat use 
data from ODFW and WDFW identify approximately 118 miles (190 km) of 
occupied riverine and estuarine habitat in this corridor (ODFW 2010a, 
WDFW 2010). After reviewing the best available scientific data for all 
of the areas within the freshwater and estuarine range of this DPS, the 
Team concluded that the lower Columbia River corridor was of high 
conservation value to the DPS. Other upstream reaches of the Columbia 
River corridor (within the Middle Columbia/Hood and Lower Columbia/
Sandy subbasins above) are also high value for rearing/migration. The 
Team noted that the lower Columbia River corridor connects every 
watershed and population in this DPS with the ocean and is used by 
rearing/migrating juveniles and migrating adults. The Columbia River 
estuary is a particularly important area for this DPS as both juveniles 
and adult salmon make the critical physiological transition between 
life in freshwater and marine habitats (Interdisciplinary Scientific 
Advisory Board, 2000; Marriott et al., 2002).
    Unoccupied Areas--The Team also considered whether any blocked 
historical habitats may be essential for conservation of the DPS. As 
noted above in the Middle Columbia/Hood Subbasin, efforts are underway 
to allow salmon to access areas in the upper White Salmon River above 
Condit Dam. Access to these historical habitats will likely benefit 
lower Columbia River coho. However, the Team concluded that it was 
unclear whether the areas above Condit Dam are essential for 
conservation of the entire DPS, especially in comparison to other, more 
extensive, historical habitats where coho are actively being 
reintroduced and that may be of greater potential benefit to the DPS 
(e.g., areas in the Upper Lewis River). We solicit information and 
public comment on the importance of these areas to coho salmon and 
whether our final designation should include these areas as designated 
critical habitat.

Puget Sound Steelhead Life History and Conservation Status

    Steelhead populations can be divided into two basic reproductive 
ecotypes, based on the state of sexual maturity at the time of river 
entry (summer or winter) and duration of spawning migration (Burgner et 
al., 1992). The Puget Sound DPS includes all naturally spawned 
anadromous winter-run and summer-run steelhead populations in 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 Hamma Hamma winter-
run steelhead hatchery stocks. Non-anadromous ``resident'' O. mykiss 
occur within the range of Puget Sound steelhead, but are not part of 
the DPS due to marked differences in physical, physiological, 
ecological, and behavioral characteristics (71 FR 15666, March 29, 
2006).
    Stream-maturing steelhead, also called summer-run steelhead, enter 
fresh water at an early stage of maturation, usually from May to 
October. These summer-run fish migrate to headwater areas and hold for 
several months before spawning in the spring. Ocean-maturing steelhead, 
also called winter-run steelhead, enter fresh water from December to 
April at an advanced stage of maturation and spawn from March through 
June (Hard et al., 2007). While there is some temporal overlap in spawn 
timing between these forms, in basins where both winter- and summer-run 
steelhead are present, summer-run steelhead spawn farther upstream, 
often above a partially impassable barrier. In many cases it appears 
that the summer migration timing evolved to access areas above falls or 
cascades that present velocity barriers to migration during high winter 
flow months, but are passable during low summer flows. Winter-run 
steelhead are predominant in Puget Sound, in part because there are 
relatively few basins in the Puget Sound DPS with the geomorphological 
and hydrological characteristics necessary to establish the summer-run 
life history. Summer-run steelhead stocks within this DPS are all small 
and occupy limited habitat.
    Steelhead eggs incubate from one to four months (depending on water 
temperature) before hatching, generally between February and June. 
After emerging from the gravel, fry commonly occupy the margins of 
streams and side channels, seeking cover to make them less vulnerable 
to predation (WDFW, 2008). Juvenile steelhead forage for one to four 
years before emigrating to sea as smolts. Smoltification and seaward 
migration occur principally from April to mid-May. The nearshore 
migration pattern of Puget Sound steelhead is not well understood, but 
it is generally thought that smolts move quickly offshore, bypassing 
the extended estuary transition stage which many other salmonids need 
(Hartt and Dell, 1986).
    Steelhead oceanic migration patterns are also poorly understood. 
Evidence from tagging and genetic studies indicates that Puget Sound 
steelhead travel to the central North Pacific Ocean (French et al., 
1975; Hartt and Dell, 1986; Burgner et al., 1992). Puget Sound 
steelhead feed in the ocean for one to three years before returning to 
their natal stream to spawn. They typically spend two years in the 
ocean, although, notably, Deer Creek summer-run steelhead spend only a 
single year in the ocean before spawning. In contrast with other 
species of Pacific salmonids, steelhead are iteroparous, capable of 
repeat spawning. While winter steelhead spawn shortly after returning 
to fresh water, adult summer steelhead rely on ``holding habitat''--
typically

[[Page 2735]]

cool, deep pools--for up to 10 months prior to spawning (WDFW, 2008). 
Adults tend to spawn in moderate to high-gradient sections of streams. 
In contrast to semelparous Pacific salmon, steelhead females do not 
guard their redds, or nests, but return to the ocean following spawning 
(Burgner et al., 1992). Spawned-out fish that return to the sea are 
referred to as ``kelts.''
    The Puget Sound steelhead DPS includes more than 50 stocks of 
summer- and winter-run fish (WDFW, 2002). Hatchery steelhead production 
in Puget Sound is widespread and focused primarily on the propagation 
of winter-run fish derived from a stock of domesticated, mixed-origin 
steelhead (the Chambers Creek Hatchery stock) originally native to a 
small Puget Sound stream that is now extirpated from the wild. Hatchery 
summer-run steelhead are also produced in Puget Sound; these fish are 
derived from the Skamania River in the Columbia River Basin.
    Habitat utilization by steelhead in the Puget Sound area has been 
dramatically affected by large dams and other manmade barriers in a 
number of drainages, including the Nooksack, Skagit, White, Nisqually, 
Skokomish, and Elwha river basins. In addition to limiting habitat 
accessibility, dams affect habitat quality through changes in river 
hydrology, altered temperature profile, reduced downstream gravel 
recruitment, and the reduced recruitment of large woody debris. Such 
changes can have significant negative impacts on salmonids (e.g., 
increased water temperatures resulting in decreased disease resistance) 
(Spence et al., 1996; McCullough, 1999).
    Many upper tributaries in the Puget Sound region have been affected 
by poor forestry practices, while many of the lower reaches of rivers 
and their tributaries have been altered by agriculture and urban 
development. Urbanization has caused direct loss of riparian vegetation 
and soils, significantly altered hydrologic and erosional rates and 
processes (e.g., by creating impermeable surfaces such as roads, 
buildings, parking lots, sidewalks etc.), and polluted waterways with 
stormwater and point-source discharges. The loss of wetland and 
riparian habitat has dramatically changed the hydrology of many 
streams, with increases in flood frequency and peak low during storm 
events and decreases in groundwater driven summer flows (Moscrip and 
Montgomery, 1997; Booth et al., 2002; May et al., 2003). River braiding 
and sinuosity have been reduced through the construction of dikes, 
hardening of banks with riprap, and channelization of the mainstem. 
Constriction of river flows, particularly during high flow events, 
increases the likelihood of gravel scour and the dislocation of rearing 
juveniles. The loss of side-channel habitats has also reduced important 
areas for spawning, juvenile rearing, and overwintering habitats. 
Estuarine areas have been dredged and filled, resulting in the loss of 
important juvenile rearing areas. In addition to being a factor that 
contributed to the present decline of Puget Sound steelhead 
populations, the continued destruction and modification of steelhead 
habitat is the principal factor limiting the viability of the Puget 
Sound steelhead DPS into the foreseeable future. Because of their 
limited distribution in upper tributaries, summer-run steelhead may be 
at higher risk than winter-run steelhead from habitat degradation in 
larger, more complex watersheds.
    Recovery planning in Puget Sound is proceeding as a collaborative 
effort between NMFS and numerous tribal, state, and local governments 
and interested stakeholders. The Puget Sound Partnership is the entity 
responsible for working with NMFS to recover the listed Puget Sound 
Chinook salmon DPS. The Hood Canal Coordinating Council is the regional 
board implementing the recovery plan for the Hood Canal summer chum 
salmon DPS. There is a good deal of overlap between the geographical 
area occupied by Puget Sound steelhead and these two salmon DPSs, both 
of which had critical habitat designated on September 2, 2005 (70 FR 
52630). A Technical Recovery Team was convened in 2008 to identify the 
historically independent spawning populations of steelhead within, and 
viability criteria for, the Puget Sound steelhead DPS. In 2011 the TRT 
completed an initial draft assessment (Puget Sound Steelhead Technical 
Recovery Team, 2011) and has begun work on viability criteria for this 
DPS. Upon completion of the technical work from the TRT, we will 
develop a recovery plan for Puget Sound steelhead and will work 
directly with the two regional boards to augment implementation plans 
to include measures to recover Puget Sound steelhead. During the 
critical habitat designation process for Puget Sound steelhead we will 
continue to review and incorporate as appropriate the information from 
these regional recovery plans as well as the ongoing population work by 
the TRT.
    Critical habitat is currently designated for other salmonid DPSs 
that inhabit Puget Sound watersheds, including Puget Sound Chinook 
salmon and Hood Canal summer-run chum salmon (70 FR 52630, September 2, 
2005) as well as bull trout (75 FR 63898, October 18, 2010). These 
existing designations have extensive overlap with areas under 
consideration as critical habitat for Puget Sound steelhead. In the 
case of ESA-listed Chinook and chum salmon, the PCEs we identified are 
the same as those proposed for Puget Sound steelhead (NMFS, 2012a). 
However, watershed conservation values for steelhead may differ due to 
species-specific differences in population structure and habitat 
utilization.
    The Puget Sound Team's assessment for this DPS addressed 18 
subbasins containing 66 occupied watersheds. Each of these 66 areas 
constituted the specific areas for the analysis of critical habitat for 
this species. The Team evaluated the conservation value of habitat 
areas on the basis of the physical and biological habitat requirements 
of Puget Sound steelhead, consistent with the PCEs described in the 
``Primary Constituent Elements and Physical or Biological Features 
Essential to the Conservation of the Species'' section above. The Team 
also considered the conservation value of each watershed in the context 
of the demographically independent populations within the three 
ecological zones/major population groups (MPGs) (Northern Cascades, 
Central and South Puget Sound, and Olympic Peninsula) in Puget Sound 
identified by the Puget Sound TRT (2011). Summarized information is 
again presented below by USGS subbasin because they present a 
convenient and systematic way to organize the Team's watershed 
assessments for this DPS and their names are generally more 
recognizable because they typically identify major river systems. Full 
details are in the biological report supporting this proposed 
designation (NMFS, 2012a).
    Strait of Georgia Subbasin--This subbasin contains three 
watersheds, all of which are occupied by this DPS. Occupied watersheds 
encompass approximately 428 mi\2\ (1,109 km\2\). Fish distribution and 
habitat use data from WDFW (2010) and the Northwest Indian Fisheries 
Commission (NWIFC) (2011) identify approximately 118 miles (190 km) of 
occupied riverine habitat in the watersheds. Preliminary analyses by 
the Puget Sound TRT (2011) have identified one ecological zone/MPG 
(Northern Cascades) containing two winter-run populations (Drayton 
Harbor Tributaries and Samish River) in this subbasin. The Team 
concluded that all occupied areas contain spawning, rearing, or 
migration PCEs for this DPS and identified several management 
activities that may affect the PCEs, including agriculture, channel

[[Page 2736]]

modifications/diking, forestry, irrigation impoundments and 
withdrawals, forestry, and urbanization (NMFS, 2012a). The Team also 
determined that all of the occupied watersheds in this subbasin were of 
medium conservation value to the DPS.
    Nooksack Subbasin--This subbasin contains five watersheds, all of 
which are occupied by this DPS. Occupied watersheds encompass 
approximately 795 mi\2\ (2,059 km\2\). Fish distribution and habitat 
use data identify approximately 324 miles (521 km) of occupied riverine 
habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary 
analyses by the Puget Sound TRT (2011) have identified one ecological 
zone/MPG (Northern Cascades) containing one winter-run population 
(Nooksack River) and one summer-run population (South Fork Nooksack 
River) in this subbasin. The Team concluded that all occupied areas 
contain spawning, rearing, or migration PCEs for this DPS and 
identified several management activities that may affect the PCEs, 
including agriculture, channel modifications/diking, forestry, 
irrigation impoundments and withdrawals, and road building/maintenance 
(NMFS, 2012a). Of the five watersheds reviewed, three were rated as 
having high conservation value and two were rated as having medium 
conservation value to the DPS.
    Upper Skagit Subbasin--This subbasin contains five watersheds, all 
of which are occupied by this DPS. Occupied watersheds encompass 
approximately 999 mi\2\ (2,587 km\2\). Fish distribution and habitat 
use data identify approximately 167 miles (269 km) of occupied riverine 
habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary 
analyses by the Puget Sound TRT (2011) have identified one ecological 
zone/MPG (Northern Cascades) containing two winter-run populations 
(Baker River and Skagit River) in this subbasin. The Team concluded 
that all occupied areas contain spawning, rearing, or migration PCEs 
for this DPS and identified several management activities that may 
affect the PCEs, including, dams, forestry, and road building/
maintenance (NMFS, 2012a). Of the five watersheds reviewed, four were 
rated as having high conservation value and one was rated as having 
medium conservation value to the DPS.
    Sauk Subbasin--This subbasin contains four watersheds, all of which 
are occupied by this DPS. Occupied watersheds encompass approximately 
741 mi\2\ (1,919 km\2\). Fish distribution and habitat use data 
identify approximately 156 miles (251 km) of occupied riverine habitat 
in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary analyses by 
the Puget Sound TRT (2011) have identified one ecological zone/MPG 
(Northern Cascades) containing one winter-run population (Sauk River) 
in this subbasin. The Team concluded that all occupied areas contain 
spawning, rearing, or migration PCEs for this DPS and management 
activities that may affect the PCEs, including forestry and road 
building/maintenance (NMFS, 2012a). Of the four watersheds reviewed, 
three were rated as having high conservation value and one was rated as 
having medium conservation value to the DPS.
    Lower Skagit Subbasin--This subbasin contains two watersheds, both 
of which are occupied by this DPS. Occupied watersheds encompass 
approximately 447 mi\2\ (1,158 km\2\). Fish distribution and habitat 
use data identify approximately 210 miles (338 km) of occupied riverine 
habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary 
analyses by the Puget Sound TRT (2011) have identified one ecological 
zone/MPG (Northern Cascades) containing four winter-run populations 
(Baker River, Nookachamps Creek, Sauk River, and Skagit River) in this 
subbasin. The Team concluded that all occupied areas contain spawning, 
rearing, or migration PCEs for this DPS and identified several 
management activities that may affect the PCEs, including, agriculture, 
channel modifications/diking, forestry, wetland loss/removal, and 
urbanization (NMFS, 2012a). The Team also determined that both of the 
occupied watersheds in this subbasin were of high conservation value to 
the DPS.
    Stillaguamish Subbasin--This subbasin contains three watersheds, 
all of which are occupied by this DPS. Occupied watersheds encompass 
approximately 704 mi\2\ (1.823 km\2\). Fish distribution and habitat 
use data identify approximately 351 miles (465 km) of occupied riverine 
habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary 
analyses by the Puget Sound TRT (2011) have identified one ecological 
zone/MPG (Northern Cascades) containing two summer-run populations 
(Deer Creek and Canyon Creek) and one winter-run population 
(Stillaguamish River) in this subbasin. The Team concluded that all 
occupied areas contain spawning, rearing, or migration PCEs for this 
DPS and identified several management activities that may affect the 
PCEs, including, forestry, wetland loss/removal, and urbanization 
(NMFS, 2012a). The Team also determined that all of the occupied 
watersheds in this subbasin were of high conservation value to the DPS.
    Skykomish Subbasin--This subbasin contains five watersheds, all of 
which are occupied by this DPS. Occupied watersheds encompass 
approximately 853 mi\2\ (2,209 km\2\). Fish distribution and habitat 
use data identify approximately 230 miles (370 km) of occupied riverine 
habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary 
analyses by the Puget Sound TRT (2011) have identified one ecological 
zone/MPG (Northern Cascades) containing one summer-run population 
(North Fork Skykomish River) and one winter-run population (Snohomish/
Skykomish River) in this subbasin. The Team concluded that all occupied 
areas contain spawning, rearing, or migration PCEs for this DPS and 
identified several management activities that may affect the PCEs, 
including, agriculture, dams, forestry, road building/maintenance, and 
urbanization (NMFS 2012a). Of the five watersheds reviewed, three were 
rated as having high conservation value and two were rated as having 
medium conservation value to the DPS.
    Snoqualmie Subbasin--This subbasin contains two watersheds, both of 
which are occupied by this DPS. Occupied watersheds encompass 
approximately 504 mi\2\ (1,305 km\2\). Fish distribution and habitat 
use data identify approximately 199 miles (320 km) of occupied riverine 
habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary 
analyses by the Puget Sound TRT (2011) have identified one ecological 
zone/MPG (Northern Cascades) containing one summer-run population (Tolt 
River) and one winter-run population (Snoqualmie River) in this 
subbasin. The Team concluded that all occupied areas contain spawning, 
rearing, or migration PCEs for this DPS and identified several 
management activities that may affect the PCEs, including agriculture 
and forestry (NMFS, 2012a). The Team also determined that both of the 
occupied watersheds in this subbasin were of high conservation value to 
the DPS.
    Snohomish Subbasin--This subbasin contains two watersheds, both of 
which are occupied by this DPS. Occupied watersheds encompass 
approximately 278 mi\2\ (720 km\2\). Fish distribution and habitat use 
data identify approximately 215 miles (557 km) of occupied riverine 
habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary 
analyses by the Puget Sound TRT (2011) have identified one ecological 
zone/MPG (Northern Cascades) containing two summer-run populations 
(North Fork Skykomish River and Tolt River) and

[[Page 2737]]

three winter-run populations (Pilchuck River, Snohomish/Skykomish 
River, and Snoqualmie River) in this subbasin. The Team concluded that 
all occupied areas contain spawning, rearing, or migration PCEs for 
this DPS and identified several management activities that may affect 
the PCEs, including agriculture, channel modifications/diking, dams, 
forestry, urbanization, and sand/gravel mining (NMFS, 2012a). The Team 
also determined that both of the occupied watersheds in this subbasin 
were of high conservation value to the DPS.
    Lake Washington Subbasin--This subbasin contains four watersheds, 
all of which are occupied by this DPS. Occupied watersheds encompass 
approximately 619 mi\2\ (1,603 km\2\). Fish distribution and habitat 
use data identify approximately 202 miles (325 km) of occupied riverine 
habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary 
analyses by the Puget Sound TRT (2011) have identified one ecological 
zone/MPG (Central and South Puget Sound) containing two winter-run 
populations (Cedar River and Lake Washington Tributaries) in this 
subbasin. The Team concluded that all occupied areas contain spawning, 
rearing, or migration PCEs for this DPS and identified several 
management activities that may affect the PCEs, including, channel 
modifications/diking, dams, road building/maintenance, forestry, and 
urbanization (NMFS, 2012a). Of the four watersheds reviewed, one was 
rated as having medium conservation value and three were rated as 
having low conservation value to the DPS.
    Duwamish Subbasin--This subbasin contains three watersheds, all of 
which are occupied by this DPS. Occupied watersheds encompass 
approximately 487 mi\2\ (1,261 km\2\). Fish distribution and habitat 
use data identify approximately 178 miles (286 km) of occupied riverine 
habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary 
analyses by the Puget Sound TRT (2011) have identified one ecological 
zone/MPG (Central and South Puget Sound) containing one winter-run 
population (Green River) in this subbasin. The Team concluded that all 
occupied areas contain spawning, rearing, or migration PCEs for this 
DPS and identified several management activities that may affect the 
PCEs, including agriculture, channel modifications/diking, dams, 
irrigation impoundments/withdrawals, and urbanization (NMFS, 2012a). 
The Team also determined that all of the occupied watersheds in this 
subbasin were of high conservation value to the DPS.
    Puyallup Subbasin--This subbasin contains five watersheds, all of 
which are occupied by this DPS. Occupied watersheds encompass 
approximately 996 mi\2\ (2,580 km\2\). Fish distribution and habitat 
use data identify approximately 272 miles (438 km) of occupied riverine 
habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary 
analyses by the Puget Sound TRT (2011) have identified one ecological 
zone/MPG (Central and South Puget Sound) containing two winter-run 
populations (Puyallup River/Carbon River and White River) in this 
subbasin. The Team concluded that all occupied areas contain spawning, 
rearing, or migration PCEs for this DPS and identified several 
management activities that may affect the PCEs, including agriculture, 
channel modifications/diking, dams, irrigation impoundments/
withdrawals, and urbanization (NMFS, 2012a). The Team also determined 
that all of the occupied watersheds in this subbasin were of high 
conservation value to the DPS.
    Nisqually Subbasin--This subbasin contains two watersheds, both of 
which are occupied by this DPS. Occupied watersheds encompass 
approximately 472 mi\2\ (1,222 km\2\). Fish distribution and habitat 
use data identify approximately 161 miles (259 km) of occupied riverine 
habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary 
analyses by the Puget Sound TRT (2011) have identified one ecological 
zone/MPG (Central and South Puget Sound) containing one winter-run 
population (Nisqually River) in this subbasin. The Team concluded that 
all occupied areas contain spawning, rearing, or migration PCEs for 
this DPS and identified several management activities that may affect 
the PCEs, including agriculture, dams, and urbanization (NMFS, 2012a). 
The Team also determined that both of the occupied watersheds in this 
subbasin were of high conservation value to the DPS.
    Deschutes Subbasin--This subbasin contains two watersheds, both of 
which are occupied by this DPS. Occupied watersheds encompass 
approximately 168 mi\2\ (435 km\2\). Fish distribution and habitat use 
data identify approximately 63 miles (101 km) of occupied riverine 
habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary 
analyses by the Puget Sound TRT (2011) have identified one ecological 
zone/MPG (Central and South Puget Sound) in this subbasin. The Puget 
Sound TRT did not identify a demographically independent population of 
steelhead in this subbasin and noted that the Deschutes River was 
historically impassable to anadromous fish at Tumwater Falls. Winter 
steelhead were introduced into the Deschutes River when a fish ladder 
was installed at Tumwater Falls in 1954, but it is unclear if a 
naturally self-sustaining population exists (WDFW, 2008). Despite these 
uncertainties, the Team noted that steelhead spawning in this watershed 
would likely be considered part of the listed DPS. The Team concluded 
that all occupied areas contain spawning, rearing, or migration PCEs 
for this DPS and identified several management activities that may 
affect the PCEs, including agriculture, forestry, and grazing (NMFS, 
2012a). The Team also determined that both of the occupied watersheds 
in this subbasin were of low conservation value to the DPS.
    Skokomish Subbasin--This subbasin consists of one watershed 
occupied by this DPS, encompassing approximately 248 mi\2\ (642 km\2\). 
Fish distribution and habitat use data identify approximately 86 miles 
(138 km) of occupied riverine habitat in the watershed (WDFW, 2010; 
NWIFC, 2011). Preliminary analyses by the Puget Sound TRT (2011) have 
identified one ecological zone/MPG (Olympic Peninsula) containing one 
winter-run population (Skokomish River) in this subbasin. The Team 
concluded that all occupied areas contain spawning, rearing, or 
migration PCEs for this DPS and identified several management 
activities that may affect the PCEs, including channel modifications/
diking, dams, forestry, and urbanization (NMFS, 2012a). The Team also 
determined that the single occupied watershed in this subbasin was of 
high conservation value to the DPS.
    Hood Canal Subbasin--This subbasin contains seven watersheds, all 
of which are occupied by this DPS. Occupied watersheds encompass 
approximately 605 mi\2\ (1,567 km\2\). Fish distribution and habitat 
use data identify approximately 153 miles (246 km) of occupied riverine 
habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary 
analyses by the Puget Sound TRT (2011) have identified one ecological 
zone/MPG (Olympic Peninsula) containing three winter-run populations 
(East, West, and South Hood Canal Tributaries) in this subbasin. The 
Team concluded that all occupied areas contain spawning, rearing, or 
migration PCEs for this DPS and identified several management 
activities that may affect the PCEs, including agriculture, channel 
modifications/diking, forestry, road building/maintenance, and 
urbanization (NMFS, 2012a). Of the seven watersheds reviewed, four were 
rated as having

[[Page 2738]]

high conservation value and three were rated as having medium 
conservation value to the DPS.
    Kitsap Subbasin--This subbasin contains six watersheds, all of 
which are occupied by this DPS. Occupied watersheds encompass 
approximately 1,087 mi\2\ (2,815 km\2\). Fish distribution and habitat 
use data identify approximately 260 miles (418 km) of occupied riverine 
habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary 
analyses by the Puget Sound TRT (2011) have identified two ecological 
zones/MPGs (Olympic Peninsula and South Central Cascades) containing 
three winter-run populations (Strait of Juan de Fuca Lowland 
Tributaries, East Kitsap Peninsula Tributaries, and South Sound 
Tributaries) in this subbasin. The Team concluded that all occupied 
areas contain spawning, rearing, or migration PCEs for this DPS and 
identified several management activities that may affect the PCEs, 
including agriculture, channel modifications/diking, forestry, grazing, 
and urbanization (NMFS, 2012a). Of the six watersheds reviewed, four 
were rated as having low conservation value and two were rated as 
having medium conservation value to the DPS.
    Dungeness/Elwha Subbasin--This subbasin contains five watersheds, 
all of which are occupied by this DPS. Occupied watersheds encompass 
approximately 828 mi\2\ (2,145 km\2\). Fish distribution and habitat 
use data identify approximately 144 miles (232 km) of occupied riverine 
habitat in the watersheds (WDFW, 2010; NWIFC, 2011). Preliminary 
analyses by the Puget Sound TRT (2011) have identified one ecological 
zone/MPG (Olympic Peninsula) containing four winter-run populations 
(Dungeness River, Elwha River, Strait of Juan de Fuca Lowland 
Tributaries, and Strait of Juan de Fuca Independent Tributaries) in 
this subbasin. The Team concluded that all occupied areas contain 
spawning, rearing, or migration PCEs for this DPS and identified 
several management activities that may affect the PCEs, including 
agriculture, channel modifications/diking, dams, forestry, irrigation 
impoundments/withdrawals, road building/maintenance, and urbanization 
(NMFS, 2012a). Of the five watersheds reviewed, four were rated as 
having high conservation value and one was rated as having medium 
conservation value to the DPS.
    Unoccupied Areas--The Team also considered whether blocked 
historical habitat above Elwha Dam and Glines Canyon Dam (on the Elwha 
River) may be essential for conservation of the DPS. The 
decommissioning of these dams began in 2011 and will allow steelhead 
and other salmonids access to at least 45 miles (72 km) of habitat in 
the basin upstream (WDFW, 2011; Olympic National Park, 2012). The Team 
determined that stream reaches above both dams are essential for 
conservation of the DPS, noting the significant amount of additional 
spawning habitat available relative to other much smaller streams in 
the Strait of Juan de Fuca, as well as the high likelihood that these 
habitats will likely be able to support both summer- and winter-run 
life forms of steelhead. We seek comments and information specific to 
this unoccupied area and our conclusion that it is essential to the 
conservation of Puget Sound steelhead.
    Nearshore Marine Areas of Puget Sound--Unlike most other Pacific 
salmonids, steelhead appear to make only ephemeral use of nearshore 
marine waters. The species' lengthy freshwater rearing period results 
in large smolts that are prepared to move rapidly through estuaries and 
nearshore waters to forage on larger prey in offshore marine areas 
(Quinn, 2005; Welch, 2010). Although data specific to Puget Sound are 
limited, recent studies of steelhead migratory behavior strongly 
suggest that juveniles spend little time (a matter of hours in some 
cases) in estuarine and nearshore areas and do not favor migration 
along shorelines (Moore et al., 2010a, Moore et al., 2010b; Romer, 
2010). In contrast, stream-type Puget Sound Chinook and Hood Canal 
summer-run chum salmon are known to make extensive use of nearshore 
areas in Puget Sound, spending from several days to several months in 
and adjacent to natal estuaries (WDFW and Point No Point Treaty Tribes, 
2000; Redman et al., 2005; Fresh, 2006). That well-documented behavior 
led us to designate specific nearshore areas as critical habitat for 
those two species (70 FR 52630, September 2, 2005). The data for 
steelhead, however, suggest the opposite conclusion.
    Anecdotal reports suggest that juvenile steelhead may travel short 
distances in nearshore areas as they move between adjacent river 
mouths. There are similar reports of limited nearshore use by 
precocious steelhead (i.e., fish that are reproductively mature but 
have not reached their typical adult age and size). Although such 
behaviors could be important life history strategies for steelhead, it 
is uncertain whether and where such behaviors occur in Puget Sound. 
Therefore, given the best available information, we conclude that there 
are not specific nearshore areas within the geographical area occupied 
by Puget Sound steelhead on which are found those physical or 
biological features essential to their conservation. We request 
comments and information regarding this conclusion.

Application of ESA Section 4(b)(2)

    The foregoing discussion describes those areas that are eligible 
for designation as critical habitat--the specific areas that fall 
within the ESA section 3(5)(A) definition of critical habitat, not 
including lands owned or controlled by the Department of Defense, or 
designated for its use, that are covered by an INRMP that we have 
determined in writing provides a benefit to the species. Specific areas 
eligible for designation are not automatically designated as critical 
habitat. Section 4(b)(2) of the ESA requires that the Secretary 
consider the economic impact, impact on national security, and any 
other relevant impact of designating those areas. The Secretary has the 
discretion to exclude a ``particular area'' from designation if he 
determines the benefits of exclusion (that is, avoiding the impact that 
would result from designation), outweigh the benefits of designation. 
The Secretary may not exclude an area from designation if, based on the 
best available scientific and commercial information, exclusion will 
result in the extinction of the species. Because the authority to 
exclude is ``wholly'' discretionary, exclusion is not required for any 
areas.
    The first step in conducting an ESA section 4(b)(2) analysis is to 
identify the ``particular areas'' to be analyzed. Section 3(5) of the 
ESA defines critical habitat as ``specific areas,'' while section 
4(b)(2) requires the agency to consider certain factors before 
designating any ``particular area.'' Depending on the biology of the 
species, the characteristics of its habitat, and the nature of the 
impacts of designation, ``specific'' areas might be different from, or 
the same as, ``particular'' areas. For lower Columbia River coho and 
Puget Sound steelhead, we analyzed two types of ``particular'' areas. 
Where we considered economic impacts, and weighed the economic benefits 
of exclusion against the conservation benefits of designation, we used 
the same biologically based ``specific'' areas we had identified under 
section 3(5)(A), the HUC5 watershed. This worked well because upslope 
and upstream activities in a watershed can affect the stream within the 
watershed (see the draft Economic Analysis Report (NMFS 2012b) for 
definition of the HUC5s and more information). This approach allowed us 
to most effectively consider the conservation value of the different

[[Page 2739]]

areas when balancing conservation benefits of designation against 
economic benefits of exclusion. Where we considered impacts on Indian 
lands and lands subject to a habitat conservation plan (HCP), however, 
we instead used a delineation of ``particular'' areas based on 
ownership or control of the area. Specifically, these particular areas 
consisted of occupied freshwater and estuarine areas that overlap with 
Indian and HCP lands. This approach allowed us to consider impacts and 
benefits associated with land ownership and management by Indian tribes 
and HCP partners.
    The use of two different types of areas required us to account for 
overlapping boundaries (that is, ownership may span many watersheds and 
watersheds may have mixed ownership). The order in which we conducted 
the 4(b)(2) balancing became important because of this overlap. To 
ensure we were not double-counting the benefits of exclusion, we first 
considered exclusion of particular areas based on land ownership and 
determined which areas to recommend for exclusion. We then considered 
economic exclusion of particular areas based on watersheds, with the 
economic impact for each watershed adjusted based on whether a given 
type of ownership had already been recommended for exclusion.

Benefits of Designation

    The primary benefit of designation is the protection afforded under 
the ESA section 7 requirement that all Federal agencies ensure their 
actions are not likely to destroy or adversely modify designated 
critical habitat. This type of benefit is sometimes referred to as an 
incremental benefit because the protections afforded to the species 
from critical habitat designation are in addition to the requirement 
that all Federal agencies ensure their actions are not likely to 
jeopardize the continued existence of the species. In addition, the 
designation may enhance the conservation of habitat by informing the 
public about areas and features important to species conservation, 
which may help focus and contribute to conservation efforts for salmon 
and steelhead and their habitats.
    With sufficient information, it may be possible to monetize these 
benefits of designation by first quantifying the benefits expected from 
an ESA section 7 consultation and translating that into dollars. We are 
not aware, however, of any available data to monetize the benefits of 
designation (e.g., estimates of the monetary value of the physical and 
biological features within specific areas that meet the definition of 
critical habitat, or of the monetary value of general benefits such as 
education and outreach). In an alternative approach that we have 
commonly used in the past (70 FR 52630, September 2, 2005), we 
qualitatively assessed the benefit of designation for each of the 
specific areas identified as meeting the definition of critical habitat 
for each DPS. Our qualitative consideration began with an evaluation of 
the conservation value of each area. We considered a number of factors 
to determine the conservation value of an area, including the quantity 
and quality of physical or biological features, the relationship of the 
area to other areas within the DPS, and the significance to the DPS of 
the population occupying that area.
    There are many Federal activities that occur within the specific 
areas that could impact the conservation value of these areas. 
Regardless of designation, Federal agencies are required under Section 
7 of the ESA to ensure these activities are not likely to jeopardize 
the continued existence of lower Columbia River coho and Puget Sound 
steelhead. If the specific areas are designated as critical habitat, 
Federal agencies will additionally be required to ensure their actions 
are not likely to adversely modify the critical habitat. We grouped the 
potential Federal activities that would be subject to this additional 
protection into several broad categories: water supply, in-stream work, 
development, Federal lands management, transportation, utilities, 
mining, and hydropower.
    The benefit of designating a particular area depends upon the 
likelihood of a section 7 consultation occurring in that area and the 
degree to which a consultation would yield conservation benefits for 
the species. Based on past consultations for listed salmon and 
steelhead in this region, we estimated that a total of 55 actions would 
require section 7 consultation annually for lower Columbia River coho 
within the particular areas being considered for designation (NMFS, 
2012b). For Puget Sound steelhead, we estimated that a total of 117 
actions would require section 7 consultation annually within the 
particular areas being considered for designation (NMFS, 2012b). The 
most common activity types subject to consultation in the range of each 
DPS would be in-stream work and transportation projects, accounting for 
approximately 80 percent of estimated actions (a complete list of the 
estimated annual actions, allocated by particular area, is included in 
the Draft Economic Analysis [NMFS, 2012b]). These activities have the 
potential to adversely affect water quality and substrate composition 
and quality for salmon and steelhead. Consultation would yield 
conservation benefits for the species by preventing or ameliorating 
such habitat effects.

Impacts of Designation

    Section 4(b)(2) of the ESA provides that the Secretary shall 
consider ``the economic impact, impact on national security, and any 
other relevant impact of specifying any particular area as critical 
habitat.'' The primary impact of a critical habitat designation stems 
from the requirement under section 7(a)(2) of the ESA that Federal 
agencies ensure their actions are not likely to result in the 
destruction or adverse modification of critical habitat. Determining 
this impact is complicated by the fact that section 7(a)(2) contains 
the overlapping requirement that Federal agencies must ensure their 
actions are not likely to jeopardize the species' continued existence. 
The true impact of designation is the extent to which Federal agencies 
modify their actions to ensure their actions are not likely to destroy 
or adversely modify the critical habitat of the species, beyond any 
modifications they would make because of listing and the jeopardy 
requirement. Additional impacts of designation include state and local 
protections that may be triggered as a result of the designation. In 
addition, if the area proposed for designation overlaps an area already 
designated as critical habitat for another species, the true impact of 
designation is the modification Federal agencies would make beyond any 
modification they would make to avoid adversely modifying the already-
designated critical habitat.
    In determining the impacts of designation, we predicted the 
incremental change in Federal agency actions as a result of critical 
habitat designation and the adverse modification prohibition, beyond 
the changes predicted to occur as a result of listing and the jeopardy 
provision. In August 2012 we and the U.S. Fish and Wildlife Service 
published a proposed rule to amend our joint regulations at 50 CFR 
424.19 to clarify that in considering impacts of designation as 
required by Section 4(b)(2), we would consider the incremental impacts 
(77 FR 51503, August 24, 2012). This approach is in contrast to our 
2005 critical habitat designations for salmon and steelhead (70 FR 
52630, September 2, 2005) and for Southern Resident killer whales (71 
FR 69054, November 29, 2006), where we considered the ``coextensive'' 
impact of designation. The consideration of co-extensive impacts was in 
accordance

[[Page 2740]]

with a Tenth Circuit Court decision (New Mexico Cattle Growers 
Association v. U.S. Fish and Wildlife Service, 248 F.3d 1277 (10th Cir. 
2001)). More recently, several courts (including the 9th Circuit Court 
of Appeals) have approved an approach that considers the incremental 
impact of designation. The Federal Register Notice announcing the 
proposed policy on considering impacts of designation (77 FR 51503, 
August 24, 2012) describes and discusses these court cases (Arizona 
Cattlegrowers' Ass'n v. Salazar, 606 F3d 1160, 1172-74 (9th Cir. 2010), 
cert. denied, 131 S.Ct. 1471, 179 L. Ed. 2d 300 (2011); Homebuilders 
Ass'n v. FWS, 616 F3d 983 (9th Cir. 2010) cert. denied, 131 S. Ct. 
1475, 179 L. Ed. 2d 301 (2011); M-3706 The Secretary's Authority to 
Exclude Areas from Critical Habitat Designation Under 4(b)(2) of the 
Endangered Species Act (October 3, 2008) (DOI 2008)). In more recent 
critical habitat designations, both NMFS and the U.S. Fish and Wildlife 
Service have considered the incremental impact of critical habitat 
designation (for example, NMFS' designation of critical habitat for the 
Southern DPS of green sturgeon (74 FR 52300, October 9, 2009) and the 
Southern DPS of Pacific eulachon (76 FR 65324, October 20, 2011), and 
the U.S. Fish and Wildlife's designation of critical habitat for the 
Oregon chub (75 FR 11031, March 10, 2010)). Consistent with our 
proposed regulatory amendments, the more recent court cases, and more 
recent agency practice, we estimated the incremental impacts of 
designation, beyond the impacts that would result from the listing and 
jeopardy provision. In addition, because these proposed designations 
almost completely overlap our previous salmonid critical habitat 
designations, and the essential features are the same, we estimated 
only the incremental impacts of designation beyond the impacts already 
imposed by those prior designations.
    To determine the impact of designation, we examined what the state 
of the world would be with the designation of critical habitat for the 
lower Columbia River coho and Puget Sound steelhead DPSs and compared 
it to the state of the world without the designations. The ``without 
critical habitat'' scenario represents the baseline for the analysis. 
It includes process requirements and habitat protections already 
afforded these DPSs under their Federal listing or under other Federal, 
state, and local regulations. Such regulations include protections 
afforded to habitat supporting these two DPSs from other co-occurring 
ESA listings and critical habitat designations, in particular listings/
designations for West Coast salmon and steelhead (70 FR 52630, 
September 2, 2005). In the case of lower Columbia River coho, the 
proposed designation overlaps with existing designations for lower 
Columbia River steelhead and Chinook, and Columbia River chum, as well 
as several DPSs that spawn upstream in the middle and upper Columbia 
and Snake Rivers. In the case of Puget Sound steelhead, the proposed 
designation overlaps with existing designations for Puget Sound Chinook 
and Hood Canal summer-run chum. The ``with critical habitat'' scenario 
describes the incremental impacts associated specifically with the 
designation of critical habitat for lower Columbia River coho and Puget 
Sound steelhead. The primary impacts of critical habitat designation we 
found were: (1) The costs associated with additional administrative 
effort of including a critical habitat analysis in section 7 
consultations for these two DPSs; (2) project modifications required 
solely to avoid destruction or adverse modification of their critical 
habitat; (3) potential impacts on national security if particular areas 
were designated critical habitat for Puget Sound steelhead; and (4) the 
possible harm to our working relationship with Indian tribes and some 
HCP landowners. There are no military areas eligible for designation 
that overlap with critical habitat areas, so we did not consider 
impacts to national security. Because we have chosen to balance 
benefits and consider exclusions, we consider these impacts in more 
detail below in the section devoted to each type of impact.

Economic Impacts

    Our economic analysis sought to determine the impacts on land uses 
and activities from the proposed designation of critical habitat that 
are above and beyond--or incremental to--those ``baseline'' impacts due 
to existing or planned conservation efforts being undertaken due to 
other Federal, State, and local regulations or guidelines (NMFS, 
2012b). Other Federal agencies, as well as State and local governments, 
may also seek to protect the natural resources under their 
jurisdiction. If compliance with the Clean Water Act or State 
environmental quality laws, for example, protects habitat for the 
species, such protective efforts are considered to be baseline 
protections and costs associated with these efforts are not quantified 
as impacts of critical habitat designation.
    When critical habitat is designated, section 7 of the ESA requires 
Federal agencies to ensure that their actions will not result in the 
destruction or adverse modification of critical habitat (in addition to 
ensuring that the actions are not likely to jeopardize the continued 
existence of the species). The added administrative costs of 
considering critical habitat in section 7 consultations and the 
additional impacts of implementing project modifications to protect 
critical habitat are the direct result of the designation of critical 
habitat. These costs are not in the baseline, and are considered 
incremental impacts of the rulemaking.
    Incremental impacts may also include the direct costs associated 
with additional effort for future consultations, reinitiated 
consultations, new consultations occurring specifically because of the 
designation, and additional project modifications that would not have 
been required to avoid jeopardizing the continued existence of the 
species. Additionally, incremental impacts may include indirect impacts 
resulting from reaction to the potential designation of critical 
habitat (e.g., developing ESA habitat conservation plans (HCPs) in an 
effort to avoid designation of critical habitat), triggering of 
additional requirements under State or local laws intended to protect 
sensitive habitat, and uncertainty and perceptional effects on markets.
    To evaluate the economic impact of critical habitat we first 
examined our ESA section 7 consultation record for West Coast salmon 
and steelhead. That voluminous record includes consultations on 
habitat-modifying Federal actions both where critical habitat has been 
designated and where it has not. As further explained in the supporting 
economic report (NMFS, 2012b), to quantify the economic impact of 
designation, we employed the following three steps:
    (1) Define the geographic study area for the analysis, and identify 
the units of analysis (the ``particular areas''). In this case, we 
defined HUC5 watersheds that encompass occupied stream reaches as the 
study area.
    (2) Identify potentially affected economic activities and determine 
how management costs may increase due to the designation of critical 
habitat for lower Columbia River coho and Puget Sound steelhead, both 
in terms of project administration and project modification.
    (3) Estimate the economic impacts associated with these changes in 
management.
    We estimated a total annualized incremental cost of approximately 
$357,815 for designating all specific

[[Page 2741]]

areas as critical habitat for lower Columbia River coho. The greatest 
costs are associated with transportation, water supply, and in-stream 
work activities (see NMFS, 2012b). The Columbia Slough/Willamette River 
HUC5 watershed had the largest estimated annual impacts ($54,000) while 
the Jackson Prairie HUC5 watershed had the lowest, with zero estimated 
annual impacts (NMFS, 2012b).
    For Puget Sound steelhead, we estimated a total annualized 
incremental administrative cost of approximately $460,924 for 
designating all specific areas as critical habitat. The greatest costs 
are associated with transportation and in-stream work activities (see 
NMFS, 2012b). Several watersheds located throughout the range of the 
DPS had zero estimated annual impacts, while the Lake Washington HUC5 
watershed had the largest estimated annual impacts ($103,000) (NMFS, 
2012b).
    In weighing economic impacts, we followed the policy direction in 
Executive Order 12866 to ``maximize net benefits'' and seek to achieve 
regulatory objectives in ``the most cost effective manner.'' Consistent 
with our past practice for salmon and steelhead critical habitat 
designations, we took into consideration a cost-effectiveness approach 
giving priority to excluding habitat areas with a relatively lower 
benefit of designation and a relatively higher economic impact. The 
circumstances of these and other listed salmon and steelhead DPSs can 
make a cost-effectiveness approach useful because different areas have 
different conservation value relative to one another. Pacific salmon 
and steelhead are wide-ranging species and occupy numerous habitat 
areas with thousands of stream miles. Not all occupied areas are of 
equal importance to conserving a DPS. Within the currently occupied 
range there are areas that historically were more or less productive, 
that are currently more or less degraded, or that support populations 
that are more or less central to conservation of the DPS as a whole. As 
a result, in many cases it may be possible to construct a designation 
scenario in which conservation of the DPS as a whole will be possible 
even if the entire area meeting the definition of critical habitat is 
not designated. This creates the potential to consider exclusions where 
conservation values are relatively low and economic impacts are 
relatively high. This is the same approach we took in our 2005 salmonid 
critical habitat designations (70 FR 52630, September 2, 2005) and 
green sturgeon critical habitat designation (74 FR 52300, October 9, 
2009).
    In seeking a cost-effective designation that would minimize 
economic impacts, we also heeded the policy direction to conserve 
salmon and steelhead habitat described above. In accordance with the 
policy direction to conserve salmon and steelhead habitat, we do not 
propose to exclude any habitat areas based on economic impacts if 
exclusion would ``significantly impede conservation.'' We adopted this 
test because habitat loss and degradation are leading factors for the 
decline of both DPSs (70 FR 37160, June 28, 2005; 72 FR 26722, May 11, 
2007), and habitat protection and restoration have been identified as 
key actions in Lower Columbia River and Puget Sound recovery plans and 
assessments (Puget Sound Salmon Recovery Plan, 2009; Judge, 2011; NMFS, 
2012d). Consistent with this test, we did not consider any areas for an 
economic exclusion that we had identified as having a high conservation 
value. We gave greater weight to the benefit of designating these high 
value areas than to the benefit of avoiding economic impacts because of 
the historic loss and degradation of habitat, the ongoing threats to 
habitat, and the importance of habitat protection and restoration in 
recovering the DPSs. The approach taken here is the same approach we 
took in our 2005 salmon and steelhead critical habitat designations (70 
FR 52630, September 2, 2005) and green sturgeon critical habitat 
designation (74 FR 52300, October 9, 2009). Also consistent with this 
test, we do not propose to exclude any medium or low quality habitat 
areas if we concluded that their exclusion would significantly impede 
conservation, as described further below.
    In the first step of balancing economic benefits, we identified for 
potential exclusion the low value habitat areas with an annual economic 
impact greater than or equal to $10,000 and the medium value habitat 
areas with an annual economic impact greater than or equal to $100,000. 
These dollar thresholds are substantially lower than the thresholds we 
used in our 2005 designations because here we have used the incremental 
impact of designation, while in the 2005 rule we used the co-extensive 
impact of designation. (Our 2005 rule explains in greater detail how 
and why we relied on co-extensive impacts [see 70 FR 52630, September 
2, 2005 and NMFS, 2005].) As with the 2005 designations, the thresholds 
we selected for identifying habitat areas eligible for exclusion do not 
represent an objective judgment that, for example, a low value area is 
worth a certain dollar amount and no more. The statute directs us to 
balance dissimilar values but also emphasizes the discretionary nature 
of the balancing task. The cost estimates developed by our economic 
analysis do not have obvious break points that would lead to a logical 
division between ``high,'' ``medium,'' and ``low'' costs. Given these 
factors, a judgment that any particular dollar threshold is objectively 
``right,'' would be neither necessary nor possible. Rather, what 
economic impact is ``high'' and, therefore, might outweigh the benefit 
of designating a medium or low value habitat area is a matter of 
discretion and depends on the policy context.
    In the second step of the process, we asked the Teams whether 
exclusion of any of the low- or medium-value habitat areas would 
significantly impede conservation of the DPS. The Teams considered this 
question in the context of: (1) The Indian lands and HCP lands they 
assumed would be excluded based on ``other relevant impacts'' 
(exclusions discussed later in this report); (2) all of the areas 
eligible for economic exclusion; and (3) the information they had 
developed in providing the initial conservation ratings. The Critical 
Habitat Designations section below describes the results of applying 
the two-step process to each DPS. The results are discussed in greater 
detail in a separate report that is available for public review and 
comment (NMFS, 2012c).

Other Relevant Impacts--Impacts to Tribal Sovereignty and Self-
Governance

    Much of the benefit of designating critical habitat on Indian lands 
is the same as designating critical habitat on other lands. In an ESA 
section 7 consultation, Federal agencies must ensure their actions do 
not destroy or adversely modify the designated critical habitat, in 
addition to ensuring their actions do not jeopardize the continued 
existence of the species. There is a broad array of activities on 
Indian lands that may trigger section 7 consultations. The other 
benefit is the notice that designation gives that an area is important 
to conservation of the species. Both of these benefits may be 
diminished by the fact that tribes are actively working to address the 
habitat needs of the species on their lands as well as in the larger 
ecosystem, and are fully aware of the conservation value of their 
lands. (This is documented in correspondence from the tribes, several 
in response to the agency's ANPR (76 FR 1392, January 10, 2011)).
    Indian lands potentially affected by a critical habitat designation 
only occur

[[Page 2742]]

within the range of the Puget Sound steelhead DPS, and they comprise 
only a minor portion (approximately 2 percent) of the total habitat 
under consideration for designation (NMFS, 2012c). This percentage is 
likely an overestimate as it includes all habitat area within 
reservation boundaries. In many cases, a considerable portion of the 
land within the reservation boundaries is no longer held in trust for 
the tribe or in fee status by individual tribal members.
    The longstanding and distinctive relationship between the Federal 
and tribal governments is defined by treaties, statutes, executive 
orders, judicial decisions, and agreements, which differentiate tribal 
governments from the other entities that deal with, or are affected by, 
the Federal government. This relationship has given rise to a special 
Federal trust responsibility involving the legal responsibilities and 
obligations of the United States toward Indian Tribes with respect to 
Indian lands, tribal trust resources, and the exercise of tribal rights 
(e.g., Executive Order 13175 and Secretarial Order 3206). Pursuant to 
these federal policies and authorities lands have been retained by 
Indian Tribes or have been set aside for tribal use. These lands are 
managed by Indian Tribes in accordance with tribal goals and objectives 
within the framework of applicable treaties and laws.
    In addition to the distinctive trust relationship, for Pacific 
salmonids in the Northwest, there is a unique partnership between the 
Federal government and Indian tribes regarding salmonid management. 
Northwest Indian tribes are regarded as ``co-managers'' of the salmonid 
resource, along with Federal and state managers. This co-management 
relationship evolved as a result of numerous court decisions clarifying 
the tribes' treaty right to take fish in their usual and accustomed 
places. The tribes have stated in letters and meetings that designation 
of Indian lands as critical habitat will undermine long-term working 
relationships and reduce the capacity of tribes to participate at 
current levels in the many and varied forums addressing ecosystem 
management and conservation of fisheries resources. In the decision 
Center for Biological Diversity v. Norton, 240 F. Supp. 2d 1090 (D. 
Ariz. 2003), the court held that a positive working relationship with 
Indian tribes is a relevant impact that can be considered when weighing 
the relative benefits of a critical habitat.
    The current co-manager process addressing activities on an 
ecosystem-wide basis throughout the Northwest is beneficial for the 
conservation of the salmonids. We also believe that maintaining our 
current co-manager relationship consistent with existing policies is an 
important benefit to continuing our tribal trust responsibilities and 
relationship. Based upon our consultation with the Tribes, we believe 
that designation of Indian lands as critical habitat would adversely 
impact our working relationship and the benefits resulting from this 
relationship. The benefits of excluding Indian lands from designation 
include: (1) Furthering established national policies, our Federal 
trust obligations and our deference to the tribes in management of 
natural resources on their lands; (2) maintaining effective long-term 
working relationships to promote the conservation of salmonids on an 
ecosystem wide basis across four states; (3) allowing continued 
meaningful collaboration and cooperation in scientific work to learn 
more about the conservation needs of the species on an ecosystem-wide 
basis; and (4) continued respect for tribal sovereignty over management 
of natural resources on Indian lands through established tribal natural 
resource programs.
    Based upon these considerations, we have determined to exercise 
agency discretion under ESA section 4(b)(2) and propose to exclude 
Indian lands from the critical habitat designation for Puget Sound 
steelhead. The Indian lands specifically excluded from critical habitat 
are those defined in the Secretarial Order, including: (1) lands held 
in trust by the United States for the benefit of any Indian tribe; (2) 
lands held in trust by the United States for any Indian Tribe or 
individual subject to restrictions by the United States against 
alienation; (3) fee lands, either within or outside the reservation 
boundaries, owned by the tribal government; and (4) fee lands within 
the reservation boundaries owned by individual Indians. These 
particular areas comprise only 2 percent of the total area under 
consideration for designation as critical habitat for Puget Sound 
steelhead (NMFS, 2012c).

Other Relevant Impacts--Impacts to Landowners With Contractual 
Commitments to Conservation

    Conservation agreements with non-Federal landowners (e.g., HCPs) 
enhance species conservation by extending species protections beyond 
those available through section 7 consultations. We have encouraged 
non-Federal landowners to enter into conservation agreements, based on 
a view that we can achieve greater species' conservation on non-Federal 
land through such voluntary partnerships than we can through coercive 
methods (61 FR 63854, December 2, 1996).
    Section 10(a)(1)(B) of the ESA authorizes us to issue to non-
Federal entities a permit for the incidental take of endangered and 
threatened species. This permit allows a non-Federal landowner to 
proceed with an activity that is legal in all other respects, but that 
results in the incidental taking of a listed species (i.e., take that 
is incidental to, and not the purpose of, the carrying out of an 
otherwise lawful activity). The ESA specifies that an application for 
an incidental take permit must be accompanied by a conservation plan, 
and specifies the content of such a plan. The purpose of such an HCP is 
to describe and ensure that the effects of the permitted action on 
covered species are adequately minimized and mitigated, and that the 
action does not appreciably reduce the likelihood of the survival and 
recovery of the species.
    In previous critical habitat designations for West Coast salmon and 
steelhead (70 FR 52630, September 2, 2005), we have exercised 
discretion to exclude some (but not all) lands covered by an HCP from 
designation after concluding that benefits of exclusion outweighed the 
benefits of designation. For lands covered by an HCP, the benefits of 
designation typically arise from section 7 protections as well as 
enhanced public awareness. The benefits of exclusion generally include 
relieving regulatory burdens on existing conservation partners, 
maintaining good working relationships with them (thus enhancing 
implementation of existing HCPs), and encouraging the development of 
new partnerships.
    We contacted the HCP landowners whose lands were excluded in our 
2005 designations (Washington Department of Natural Resources, Green 
Diamond Resources Company, and West Fork Timber Company) to discuss the 
critical habitat designations for lower Columbia River coho and Puget 
Sound steelhead. We also contacted several additional landowners whose 
HCPs had been authorized subsequent to our 2005 critical habitat 
designations (Washington Forest Practices, City of Portland-Bull Run 
Water Supply, City of Kent Water Supply) or were existing then but now 
determined to overlap with new habitat areas being considered for 
designation (J.L. Storedahl and Sons). All of them except one (City of 
Portland) requested that their lands be excluded from designation as 
critical habitat for these DPSs, and were of the opinion that exclusion 
would be a

[[Page 2743]]

benefit and enhance the partnership between NMFS and the HCP landowner. 
We also reviewed the activities covered by the HCPs, the protections 
afforded by the HCP agreement, and the Federal activities that are 
likely to occur on the affected lands (NMFS, 2012c). From this 
information we determined that the conservation benefits to the species 
from the HCPs outweigh the conservation benefits of designation and 
therefore are proposing to exclude HCP lands where the landowner 
requested exclusion.

Exclusion Will Not Result in Extinction of the Species

    Section 4(b)(2) limits our discretion to exclude areas from 
designation if exclusion will result in extinction of the species.
    Since we have not recommended excluding any habitat areas based on 
economic impacts if the exclusion would significantly impede 
conservation, we have determined for each DPS that the exclusion of the 
areas we recommend based on economic impacts will not result in the 
extinction of either DPS. All areas proposed for exclusion are of low 
conservation value. Moreover, they comprise a small fraction--less than 
5 percent--of all habitat areas considered for designation as critical 
habitat for either DPS.
    We also conclude that excluding Indian lands--and thereby 
furthering the federal government's policy of promoting respect for 
tribal sovereignty and self-governance--will not result in extinction 
of either species. Habitat on Indian lands represents a small 
proportion of total area occupied by the Puget Sound steelhead DPS, and 
the Tribes are actively engaged in fisheries, habitat management, and 
species recovery programs that benefit steelhead and other salmonids.
    In addition, we conclude that excluding lands covered by several 
HCPs will not result in extinction of either species. These particular 
HCPs result in management actions that promote conservation of the 
listed species in a manner that is not available through the section 7 
requirements regarding critical habitat. Excluding these HCP areas from 
designation is expected to enhance our relationship with the landowner 
and may provide an incentive to other landowners to seek conservation 
agreements with us. These outcomes will in turn generally benefit our 
recovery efforts to foster voluntary efforts on vast areas of 
nonfederal lands which make up a large proportion of each species' 
range and will play a critical role in avoiding species extinction.
    In total, for Lower Columbia River coho we are proposing to 
designate 2,288 stream miles and exclude 1,065 stream miles, and for 
Puget Sound steelhead we are proposing to designate 1,880 stream miles 
and exclude 1,639 stream miles. For the following reasons, we conclude 
that these exclusions in combination will not result in the extinction 
of either DPS: (1) Except for exclusions due to economic impacts, there 
are no watersheds that are proposed for exclusion in their entirety. 
The most area excluded for any single watershed is the Puget Sound/East 
Passage watershed, with 70% proposed for exclusion due to the presence 
of HCPs. This area was rated as having a low conservation value; (2) 
although the extent of the exclusions overall is significant (nearly 
50% of the critical habitat for Puget Sound steelhead and nearly 30% of 
the critical habitat for lower Columbia coho), and many of the areas 
excluded are of medium or high conservation value to the species, most 
of the exclusions are based on the presence of HCPs, which have a 
conservation benefit for the species. Also, the likely leverage to 
obtain significant conservation benefits from an ESA section 7 
consultation is expected to be low for most areas. Because the presence 
of high quality forested habitat is key to salmon and steelhead 
recovery, the protections of the HCP, which all involve forested/
riparian lands, will have significant benefits over the long term as 
riparian forest habitat is developed. In addition, we believe that the 
HCP exclusions in particular may provide an incentive to other 
landowners to seek conservation agreements with us; (3) the few cases 
where an entire watershed was proposed for exclusion (due to economic 
impacts) all involved habitat areas that the Teams deemed to be of low 
conservation value; and (4) the proposed Indian land exclusions involve 
stream reaches that are already managed by the tribes for salmonid 
conservation.

Critical Habitat Designations

    In previous salmonid critical habitat designations we identified 
the end-point of designated stream segments using latitude and 
longitude coordinates and provided maps depicting the designated areas 
(70 FR 52630, September 2, 2005). In May of 2012, we and the USFWS 
amended our regulations regarding critical habitat designation (77 FR 
25611, May 1, 2012). The revised regulation provides that the 
boundaries of critical habitat as mapped or otherwise described in the 
Regulation Promulgation section of a rulemaking published in the 
Federal Register will be the official delineation of the designation 
(50 CFR 424.12). In this proposed designation we include both the 
latitude-longitude coordinates and maps to make it easier to compare 
the areas proposed for designation with overlapping areas designated 
for other salmon and steelhead DPSs in 2005 (70 FR 52630, September 2, 
2005).

Lower Columbia River Coho Salmon

    We are proposing to designate approximately 2,288 stream miles 
(3,681 km) within the geographical area presently occupied by the lower 
Columbia River coho DPS (see Table 1). Other ESA-listed species in this 
area with designated critical habitat include lower Columbia River 
Chinook and steelhead, Columbia River chum (70 FR 52630, September 2, 
2005), bull trout (75 FR 63898, October 18, 2010), green sturgeon (74 
FR 52300, October 9, 2009), and the Southern DPS of Pacific eulachon 
(76 FR 65324, October 20, 2011). Also, the mainstem lower Columbia 
River is designated critical habitat for numerous other salmon and 
steelhead DPSs whose spawning range is upstream of the area presently 
occupied by lower Columbia River coho (70 FR 52630, September 2, 2005).

 Table 1--Approximate Quantity of Habitat and Ownership Within Watersheds Containing Habitat Areas Proposed for
                      Designation as Critical Habitat for Lower Columbia River Coho Salmon
----------------------------------------------------------------------------------------------------------------
                                                                 Land ownership type (percent)
          Streams and lakes mi (km)          -------------------------------------------------------------------
                                                  Federal           Tribal           State           Private
----------------------------------------------------------------------------------------------------------------
2,288 (3,681)...............................            14.6                0              2.0             83.4
----------------------------------------------------------------------------------------------------------------


[[Page 2744]]

    The areas proposed for designation are all occupied and contain 
physical and biological features essential to the conservation of the 
species and that may require special management considerations or 
protection. No unoccupied areas were identified that are considered 
essential for the conservation of the species, but several areas above 
Condit Dam on the White Salmon River may warrant consideration in the 
future. There are 55 watersheds within the range of this DPS. Three 
watersheds received a low conservation value rating, 18 received a 
medium rating, and 34 received a high rating (NMFS 2012a). The lower 
Columbia River rearing/migration corridor downstream of the spawning 
range is considered to have a high conservation value. As a result of 
the balancing process for economic impacts described above, we are 
proposing to exclude from the designation all or portions of 28 
watersheds listed in Table 2. Of the habitat areas eligible for 
designation, approximately 27 stream miles (43 km) or 0.8 percent are 
being proposed for exclusion because the economic benefits of exclusion 
outweigh the benefits of designation. Also, we are proposing to exclude 
approximately 1,038 stream miles (1,671 km) covered by four HCPs (J.L. 
Storedahl and Sons HCP, Washington Department of Natural Resources--
West of Cascades HCP, Washington Forest Practices HCP, and West Fork 
Timber HCP) because the benefits of exclusion outweigh the benefits of 
designation. None of the HCP exclusions overlap with areas also 
proposed for exclusion due to economic impacts. Total potential 
estimated economic impact, with no exclusions, would be $357,815. The 
proposed economic-related exclusions identified in Table 2 would reduce 
the total estimated economic impact approximately 4 percent to $344,315 
(NMFS, 2012b).

    Table 2--Habitat Areas Within the Geographical Range of Lower Columbia River Coho Salmon and Proposed for
                                         Exclusion From Critical Habitat
             [WDNR = Washington Department of Natural Resources; WFP = Washington Forest Practices]
----------------------------------------------------------------------------------------------------------------
        Watershed code              Watershed name                   Area(s) proposed for exclusion
----------------------------------------------------------------------------------------------------------------
1707010509....................  Wind River...........  WFP HCP lands.
1707010511....................  Wind River...........  WDNR and WFP HCP lands.
1707010512....................  Middle Columbia/Grays  WFP HCP lands.
                                 Creek.
1707010513....................  Middle Columbia/Eagle  WFP HCP lands.
                                 Creek.
1708000106....................  Washougal River......  WDNR and WFP HCP lands.
1708000107....................  Columbia River Gorge   WDNR and WFP HCP lands.
                                 Tributaries.
1708000109....................  Salmon Creek.........  WDNR and WFP HCP lands.
1708000201....................  Upper Lewis River....  WFP HCP lands.
1708000202....................  Muddy River..........  WFP HCP lands.
1708000203....................  Swift Reservoir......  WDNR and WFP HCP lands.
1708000204....................  Yale Reservoir.......  WDNR and WFP HCP lands.
1708000205....................  East Fork Lewis River  WDNR, WFP, and Storedahl HCP lands.
1708000206....................  Lower Lewis River....  WDNR and WFP HCP lands.
1708000301....................  Kalama River.........  WDNR and WFP HCP lands.
1708000304....................  Germany/Abernathy....  WDNR and WFP HCP lands.
1708000305....................  Skamokawa/Elochoman..  WDNR and WFP HCP lands.
1708000402....................  Upper Cowlitz River..  WDNR and WFP HCP lands.
1708000403....................  Cowlitz Valley         WDNR, WFP, and WFT HCP lands.
                                 Frontal.
1708000405....................  Lower Cispus River...  WFP HCP lands.
1708000501....................  Tilton River.........  WDNR, WFP, and WFT HCP lands.
1708000502....................  Riffe Reservoir......  WDNR and WFP HCP lands.
1708000503....................  Jackson Prairie......  WDNR and WFP HCP lands.
1708000504....................  North Fork Toutle      WDNR and WFP HCP lands.
                                 River.
1708000506....................  South Fork Toutle      WFP HCP lands.
                                 River.
1708000507....................  East Willapa.........  WDNR and WFP HCP lands.
1708000508....................  Coweeman.............  WDNR and WFP HCP lands.
1708000603....................  Grays Bay............  WDNR and WFP HCP lands.
1709000704....................  Abernethy Creek......  Entire watershed due to economic impacts.
----------------------------------------------------------------------------------------------------------------

Puget Sound Steelhead

    We are proposing to designate approximately 1,880 stream miles 
(3,026 km) within the geographical area presently occupied by the Puget 
Sound steelhead DPS (see Table 3). Other ESA-listed salmonids in this 
area with designated critical habitat include Puget Sound Chinook, Hood 
Canal summer-run chum (70 FR 52630, September 2, 2005), and bull trout 
(75 FR 63898, October 18, 2010).

 Table 3--Approximate Quantity of Habitat and Ownership Within Watersheds Containing Habitat Areas Proposed for
                            Designation as Critical Habitat for Puget Sound Steelhead
----------------------------------------------------------------------------------------------------------------
                                                                 Land ownership type (percent)
               Streams mi (km)               -------------------------------------------------------------------
                                                  Federal           Tribal           State           Private
----------------------------------------------------------------------------------------------------------------
1,880 (3,026)...............................            15.5                0              3.8             80.7
----------------------------------------------------------------------------------------------------------------


[[Page 2745]]

    Most of the areas proposed for designation are occupied and contain 
physical and biological features essential to the conservation of the 
species and that may require special management considerations or 
protection. One unoccupied area in the upper Elwha River watershed was 
identified as essential for the conservation of the species and is 
being proposed for designation as critical habitat. There are 66 
watersheds within the range of this DPS. Nine watersheds received a low 
conservation value rating, 16 received a medium rating, and 41 received 
a high rating to the DPS (NMFS, 2012a).
    Approximately 28 stream miles (45 km) are not proposed for 
designation because they are within lands controlled by the military 
that contain qualifying INRMPs. Approximately 68 miles (109 km) of 
stream are within the boundaries of Indian reservations, but only those 
reaches defined as Indian lands (see Government-to-Government 
Relationship With Tribes) are proposed for exclusion. Also, we are 
proposing to exclude approximately 1,434 miles (2,307 km) of stream 
covered by four HCPs (City of Kent, Green Diamond, Washington 
Department of Natural Resources--West of Cascades HCP, and Washington 
Forest Practices HCP) because the benefits of exclusion outweigh the 
benefits of designation. As a result of the balancing process for 
economic impacts described above, the Secretary is proposing to exclude 
from the designation all or portions of the 60 watersheds listed in 
Table 4. Of the habitat areas eligible for designation, approximately 
138 stream miles (262 km) or 3.9 percent are being proposed for 
exclusion because the economic benefits of exclusion outweigh the 
benefits of designation. Only a small amount (24 stream miles (39 km)) 
proposed for exclusion due to economic impacts overlap with areas also 
proposed for exclusion as HCP lands or Indian lands. Total potential 
estimated economic impact, with no exclusions, would be $460,924. The 
proposed economic-related exclusions identified in Table 4 would reduce 
the total estimated economic impact approximately 29 percent to 
$326,966 (NMFS, 2012c).

  Table 4--Habitat Areas Within the Geographical Range of Puget Sound Steelhead and Proposed for Exclusion From
                                                Critical Habitat
             [WDNR = Washington Department of Natural Resources; WFP = Washington Forest Practices]
----------------------------------------------------------------------------------------------------------------
        Watershed code              Watershed name                   Area(s) proposed for exclusion
----------------------------------------------------------------------------------------------------------------
1711000201....................  Bellingham Bay.......  WDNR and WFP HCP lands.
1711000202....................  Samish River.........  WDNR and WFP HCP lands.
1711000204....................  Birch Bay............  WFP HCP lands.
1711000401....................  Upper North Fork       WDNR and WFP HCP lands.
                                 Nooksack River.
1711000402....................  Middle Fork Nooksack   WDNR and WFP HCP lands.
                                 River.
1711000403....................  South Fork Nooksack    Indian lands and WDNR and WFP HCP lands.
                                 River.
1711000404....................  Lower North Fork       Indian lands and WDNR and WFP HCP lands.
                                 Nooksack River.
1711000405....................  Nooksack River.......  Indian lands and WDNR and WFP HCP lands.
1711000504....................  Skagit River/Gorge     WFP HCP lands.
                                 Lake.
1711000505....................  Skagit River/Diobsud   WDNR and WFP HCP lands.
                                 Creek.
1711000506....................  Cascade River........  WDNR and WFP HCP lands.
1711000507....................  Skagit River/Illabot   WDNR and WFP HCP lands.
                                 Creek.
1711000508....................  Baker River..........  WFP HCP lands.
1711000601....................  Upper Sauk River.....  WFP HCP lands.
1711000603....................  Lower Suiattle River.  WDNR and WFP HCP lands.
1711000604....................  Lower Sauk River.....  Indian lands and WDNR and WFP HCP lands.
1711000701....................  Middle Skagit River/   WDNR and WFP HCP lands.
                                 Finney Creek.
1711000702....................  Lower Skagit River/    WDNR and WFP HCP lands.
                                 Nookachamps Creek.
1711000801....................  North Fork             WDNR and WFP HCP lands.
                                 Stillaguamish River.
1711000802....................  South Fork             WDNR and WFP HCP lands and DOD lands.
                                 Stillaguamish River.
1711000803....................  Lower Stillaguamish    WDNR and WFP HCP lands.
                                 River.
1711000901....................  Tye and Beckler        WDNR and WFP HCP lands.
                                 Rivers.
1711000902....................  Skykomish River Forks  WDNR and WFP HCP lands.
1711000903....................  Skykomish River/       WDNR and WFP HCP lands.
                                 Wallace River.
1711000904....................  Sultan River.........  WDNR and WFP HCP lands.
1711000905....................  Skykomish River/Woods  WDNR and WFP HCP lands.
                                 Creek.
1711001003....................  Middle Fork            WDNR and WFP HCP lands.
                                 Snoqualmie River.
1711001004....................  Lower Snoqualmie       WDNR and WFP HCP lands.
                                 River.
1711001101....................  Pilchuck River.......  WDNR and WFP HCP lands.
1711001102....................  Snohomish River......  Indian lands and WDNR and WFP HCP lands.
1711001201....................  Cedar River..........  WDNR and City of Kent HCP lands.
1711001202....................  Lake Sammamish.......  Entire watershed due to economic impacts (including WDNR
                                                        and WFP HCP lands).
1711001203....................  Lake Washington......  Entire watershed due to economic impacts.
1711001204....................  Sammamish River......  Entire watershed due to economic impacts (including WDNR
                                                        and WFP HCP lands).
1711001301....................  Upper Green River....  WFP HCP lands.
1711001302....................  Middle Green River...  WDNR HCP lands.
1711001401....................  Upper White River....  WDNR and WFP HCP lands.
1711001402....................  Lower White River....  Indian lands and WFP HCP lands.
1711001403....................  Carbon River.........  WDNR and WFP HCP lands.
1711001405....................  Lower Puyallup River.  Indian lands and WFP HCP lands.
1711001502....................  Mashel/Ohop..........  WDNR and WFP HCP lands.
1711001503....................  Lowland..............  Indian lands, DOD lands, and WFP HCP lands.
1711001601....................  Prairie 1............  WFP HCP lands.
1711001602....................  Prairie 2............  WFP HCP lands.

[[Page 2746]]

 
1711001701....................  Skokomish River......  Indian lands and WFP and Green Diamond HCP lands.
1711001802....................  Lower West Hood Canal  WDNR and WFP HCP lands.
                                 Frontal.
1711001804....................  Duckabush River......  WDNR and WFP HCP lands.
1711001806....................  Big Quilcene River...  WDNR and WFP HCP lands.
1711001807....................  Upper West Hood Canal  WDNR and WFP HCP lands and DOD lands.
                                 Frontal.
1711001808....................  West Kitsap..........  WDNR and WFP HCP lands.
1711001900....................  Kennedy/Goldsborough.  Indian lands and WDNR and WFP, and Green Diamond HCP
                                                        lands.
1711001901....................  Puget................  WDNR and WFP HCP lands.
1711001902....................  Prairie 3............  WDNR and WFP HCP lands.
1711001906....................  Chambers Creek.......  DOD Lands.
1711001908....................  Port Ludlow/Chimacum   WDNR and WFP HCP lands.
                                 Creek.
1711002001....................  Discovery Bay........  WDNR and WFP HCP lands.
1711002002....................  Sequim Bay...........  Indian lands and WDNR and WFP HCP lands.
1711002003....................  Dungeness River......  WDNR and WFP HCP lands.
1711002004....................  Port Angeles Harbor..  WDNR and WFP HCP lands.
1711002007....................  Elwha River..........  Indian lands and WDNR and WFP HCP lands.
----------------------------------------------------------------------------------------------------------------

Lateral Extent of Critical Habitat

    In past designations we have described the lateral extent of 
critical habitat in various ways ranging from fixed distances to 
``functional'' zones defined by important riparian functions (65 FR 
7764, February 16, 2000). Designating a set riparian zone width will 
(in some places) accurately reflect the distance from the stream on 
which PCEs might be found, but in other cases may over- or understate 
the distance. Designating a functional buffer avoids that problem, but 
makes it difficult for Federal agencies to know in advance what areas 
are critical habitat. To address these issues we are proposing to 
define the lateral extent of designated critical habitat as the width 
of the stream channel defined by the ordinary high water line as 
defined by the U.S. Army Corps of Engineers in 33 CFR 329.11. In areas 
for which ordinary high-water has not been defined pursuant to 33 CFR 
329.11, the width of the stream channel shall be defined by its 
bankfull elevation. Bankfull elevation is the level at which water 
begins to leave the channel and move into the floodplain (Rosgen, 1996) 
and is reached at a discharge which generally has a recurrence interval 
of 1 to 2 years on the annual flood series (Leopold et al., 1992). Such 
an interval is commensurate with nearly all of the juvenile freshwater 
life phases of most salmon and steelhead DPSs. Therefore, it is 
reasonable to assert that for an occupied stream reach this lateral 
extent is regularly ``occupied.'' Moreover, the bankfull elevation can 
be readily discerned for a variety of stream reaches and stream types 
using recognizable water lines (e.g., marks on rocks) or vegetation 
boundaries (Rosgen, 1996). Since 2005 this has proven to be a 
successful approach for defining the lateral extent of critical habitat 
for West Coast salmon and steelhead (70 FR 52630, September 2, 2005); 
therefore, we propose to continue the practice in this proposed rule.
    As underscored in previous critical habitat designations, the 
quality of aquatic habitat within stream channels is intrinsically 
related to the adjacent riparian zones and floodplain, to surrounding 
wetlands and uplands, and to non-fish-bearing streams above occupied 
stream reaches. Human activities that occur outside the stream or 
designated critical habitat can modify or destroy physical and 
biological features of the stream. In addition, human activities that 
occur within and adjacent to reaches upstream (e.g., road failures) or 
downstream (e.g., dams) of designated stream reaches can also have 
demonstrable effects on physical and biological features of designated 
reaches. This designation will help to ensure that Federal agencies are 
aware of these important habitat linkages for lower Columbia River coho 
and Puget Sound steelhead.
    In the few cases where we are proposing to designate lakes/
reservoirs as critical habitat, the lateral extent may best be defined 
as the perimeter of the water body as displayed on standard 1:24,000 
scale topographic maps or the elevation of ordinary high water, 
whichever is greater.

Effects of Critical Habitat Designation

    Section 7(a)(2) of the ESA requires Federal agencies to insure that 
any action authorized, funded, or carried out by the agency (agency 
action) does not jeopardize the continued existence of any threatened 
or endangered species or destroy or adversely modify designated 
critical habitat. Federal agencies are also required to confer with us 
regarding any actions likely to jeopardize a species proposed for 
listing under the ESA, or likely to destroy or adversely modify 
proposed critical habitat, pursuant to section 7(a)(4). A conference 
involves informal discussions in which we may recommend conservation 
measures to minimize or avoid adverse effects. The discussions and 
conservation recommendations are to be documented in a conference 
report provided to the Federal agency. If requested by the Federal 
agency, a formal conference report may be issued (including a 
biological opinion prepared according to 50 CFR 402.14). A formal 
conference report may be adopted as the biological opinion when the 
species is listed or critical habitat designated, if no significant new 
information or changes to the action alter the content of the opinion.
    When a species is listed or critical habitat is designated, Federal 
agencies must consult with NMFS on any agency actions to be conducted 
in an area where the species is present and that may affect the species 
or its critical habitat. During the consultation, we would evaluate the 
agency action to determine whether the action may adversely affect 
listed species or critical habitat and issue our findings in a 
biological opinion or concurrence letter. If we conclude in the 
biological opinion that the agency action would likely result in the 
destruction or adverse

[[Page 2747]]

modification of critical habitat, we would also recommend any 
reasonable and prudent alternatives to the action. Reasonable and 
prudent alternatives (defined in 50 CFR 402.02) are alternative actions 
identified during formal consultation that can be implemented in a 
manner consistent with the intended purpose of the action, that are 
consistent with the scope of the Federal agency's legal authority and 
jurisdiction, that are economically and technologically feasible, and 
that would avoid the destruction or adverse modification of critical 
habitat.
    Regulations at 50 CFR 402.16 require Federal agencies that have 
retained discretionary involvement or control over an action, or where 
such discretionary involvement or control is authorized by law, to 
reinitiate consultation on previously reviewed actions in instances 
where: (1) Critical habitat is subsequently designated; or (2) new 
information or changes to the action may result in effects to critical 
habitat not previously considered in the biological opinion. 
Consequently, some Federal agencies may request reinitiation of a 
consultation or conference with us on actions for which formal 
consultation has been completed, if those actions may affect designated 
critical habitat or adversely modify or destroy proposed critical 
habitat.
    Activities subject to the ESA section 7 consultation process 
include activities on Federal lands and activities on private or state 
lands requiring a permit from a Federal agency (e.g., a Clean Water 
Act, Section 404 dredge or fill permit from U.S. Army Corps of 
Engineers) or some other Federal action, including funding (e.g., 
Federal Highway Administration funding for transportation projects). 
ESA section 7 consultation would not be required for Federal actions 
that do not affect listed species or critical habitat and for actions 
on non-Federal and private lands that are not Federally funded, 
authorized, or carried out.

Activities That May Be Affected by Critical Habitat Designation

    ESA section 4(b)(8) requires in any proposed or final regulation to 
designate critical habitat an evaluation and brief description of those 
activities (whether public or private) that may adversely modify such 
habitat or that may be affected by such designation. A wide variety of 
activities may affect the proposed critical habitat and may be subject 
to the ESA section 7 consultation process when carried out, funded, or 
authorized by a Federal agency. These include water and land management 
actions of Federal agencies (e.g., U.S. Forest Service (USFS)), Bureau 
of Land Management (BLM), U.S. Army Corps of Engineers (USACE), U.S. 
Bureau of Reclamation (BOR), Natural Resource Conservation Service, 
National Park Service (NPS), Bureau of Indian Affairs (BIA), the 
Federal Energy Regulatory Commission (FERC), and the Nuclear Regulatory 
Commission (NRC)) and related or similar Federally-regulated projects 
and activities on Federal lands, including hydropower sites licensed by 
the FERC; nuclear power sites licensed by the NRC; dams built or 
operated by the USACE or BOR; timber sales and other vegetation 
management activities conducted by the USFS, BLM and BIA; irrigation 
diversions authorized by the USFS and BLM; and road building and 
maintenance activities authorized by the USFS, BLM, NPS, and BIA. Other 
actions of concern include dredging and filling, mining, diking, and 
bank stabilization activities authorized or conducted by the USACE, 
habitat modifications authorized by the Federal Emergency Management 
Agency, and approval of water quality standards and pesticide labeling 
and use restrictions administered by the Environmental Protection 
Agency.
    Private entities may also be affected by these proposed critical 
habitat designations if a Federal permit is required, if Federal 
funding is received, or the entity is involved in or receives benefits 
from a Federal project. For example, private entities may have special 
use permits to convey water or build access roads across Federal land; 
they may require Federal permits to construct irrigation withdrawal 
facilities, or build or repair docks; they may obtain water from 
Federally funded and operated irrigation projects; or they may apply 
pesticides that are only available with Federal agency approval. These 
activities will need to be evaluated with respect to their potential to 
destroy or adversely modify critical habitat for lower Columbia River 
coho and Puget Sound steelhead. Changes to some activities, such as the 
operations of dams and dredging activities, may be necessary to 
minimize or avoid destruction or adverse modification of proposed 
critical habitat. Transportation and utilities sectors may need to 
modify the placement of culverts, bridges, and utility conveyances 
(e.g., water, sewer, and power lines) to avoid barriers to fish 
migration. Developments (e.g., marinas, residential, or industrial 
facilities) occurring in or near streams, estuaries, or marine waters 
designated as critical habitat that require Federal authorization or 
funding may need to be altered or built in a manner to ensure that 
critical habitat is not destroyed or adversely modified as a result of 
the construction or subsequent operation of the facility. Questions 
regarding whether specific activities will constitute destruction or 
adverse modification of critical habitat should be directed to NMFS 
(see ADDRESSES and FOR FURTHER INFORMATION CONTACT).

Public Comments Solicited

    We solicit comments or suggestions from the public, other concerned 
governments and agencies, the scientific community, industry, non-
governmental organizations, or any other interested party concerning 
the proposed designations and exclusions as well as the documents 
supporting this rulemaking. We are particularly interested in comments 
and information in the following areas: (1) Information describing the 
abundance, distribution, and habitat use of lower Columbia River coho 
and Puget Sound steelhead; (2) information on the identification, 
location, and the quality of physical or biological features which may 
be essential to the conservation of the species; (3) information 
regarding potential benefits of designating any particular area as 
critical habitat, including information on the types of Federal actions 
that may affect the area's physical and biological features; (4) 
information regarding potential impacts of designating any particular 
area, including the types of Federal actions that may trigger an ESA 
section 7 consultation and the possible modifications that may be 
required of those activities; (5) information regarding the benefits of 
excluding a particular area from critical habitat, including areas 
covered by an existing HCP; (6) current or planned activities in the 
areas proposed as critical habitat and costs of potential modifications 
to those activities due to critical habitat designation; (7) whether 
specific unoccupied areas (e.g., stream reaches above Condit Dam on the 
White Salmon River, Washington) not presently proposed for designation 
are or may be essential to the conservation of these DPSs; and (8) any 
foreseeable economic, national security, or other relevant impact 
resulting from the proposed designations.
    You may submit your comments and materials concerning this proposal 
by any one of several methods (see ADDRESSES). Copies of the proposed 
rule and supporting documentation can be found on the NMFS Web site 
https://www.nwr.noaa.gov. We will consider all comments pertaining to 
these designations received during the

[[Page 2748]]

comment period in preparing the final rule. Accordingly, the final 
decision may differ from this proposed rule.

Public Hearings

    Agency regulations at 50 CFR 424.16(c)(3) require the Secretary to 
promptly hold at least one public hearing if any person requests one 
within 45 days of publication of a proposed rule to designate critical 
habitat. Such hearings provide the opportunity for interested 
individuals and parties to give comments, exchange information and 
opinions, and engage in a constructive dialogue concerning this 
proposed rule. We encourage the public's involvement in such ESA 
matters. Requests for a public hearing(s) must be made in writing (see 
ADDRESSES) by February 28, 2013.

Information Quality Act and Peer Review

    The data and analyses supporting this proposed action have 
undergone a pre-dissemination review and have been determined to be in 
compliance with applicable information quality guidelines implementing 
the Information Quality Act (IQA) (Section 515 of Pub. L. 106-554). In 
December 2004, the Office of Management and Budget (OMB) issued a Final 
Information Quality Bulletin for Peer Review pursuant to the IQA. The 
Bulletin was published in the Federal Register on January 14, 2005 (70 
FR 2664). The Bulletin established minimum peer review standards, a 
transparent process for public disclosure of peer review planning, and 
opportunities for public participation with regard to certain types of 
information disseminated by the Federal Government. The peer review 
requirements of the OMB Bulletin apply to influential or highly 
influential scientific information disseminated on or after June 16, 
2005. Two documents supporting these critical habitat proposals are 
considered influential scientific information and subject to peer 
review. These documents are the draft Biological Report (NMFS, 2012a) 
and draft Economic Analysis (NMFS, 2012b). We will distribute these 
documents for independent peer review and will address any comments 
received in developing the final drafts of the two reports. Both 
documents are available on our Web site at https://www.nwr.noaa.gov, on 
the Federal eRulemaking Web site at https://www.regulations.gov, or upon 
request (see ADDRESSES). We will announce the availability of comments 
received from peer reviewers and the public and make them available via 
our Web site as soon as practicable during or after the comment period 
but in advance of a final rule.

Classification

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996), whenever an agency publishes a notice of rulemaking for any 
proposed or final rule, it must prepare and make available for public 
comment a regulatory flexibility analysis describing the effects of the 
rule on small entities (i.e., small businesses, small organizations, 
and small government jurisdictions). We have prepared an initial 
regulatory flexibility analysis, which is part of the draft economic 
analysis (NMFS 2012b). This document is available upon request (see 
ADDRESSES), via our Web site at https://nwr.noaa.gov, or via the Federal 
eRulemaking Web site at https://www.regulations.gov. The results of the 
initial regulatory flexibility analysis are summarized below.
    The impacts to small businesses were assessed for the following 
broad categories of activities: hydropower, development, in-stream 
work, water supply, Federal lands management, transportation, 
utilities, mining, and other activities (including water, sewer, and 
oil/gas pipeline construction). We used the size standards for small 
entities established by the Small Business Administration for each 
activity type. Of all of the potentially affected entities, 89 percent 
are classified as likely to be ``small'' under the applicable SBA size 
standards. Total annualized impacts to small entities as a result of 
this rule are estimated to be $209,000 (approximately 58.4 percent of 
total incremental impacts) if all habitat areas assessed for lower 
Columbia River coho were designated as critical habitat. Total 
annualized impacts to small entities are estimated to be $298,000 
(approximately 64.6 percent of total incremental impacts) if all 
habitat areas assessed for Puget Sound steelhead were designated as 
critical habitat.
    We estimated the annualized costs associated with ESA section 7 
consultations incurred per small business under two different 
scenarios. These scenarios are intended to provide a measure of 
uncertainty regarding the number of small entities that may be affected 
by the designations. Under Scenario 1, this analysis estimates the 
number of small entities located within areas assessed for proposed 
designation (approximately 5,381 for lower Columbia River coho, and 
12,758 for Puget Sound steelhead), and assumes that incremental impacts 
are distributed evenly across all entities in each affected industry. 
Under this scenario, for lower Columbia River coho, a small entity may 
bear costs of between $2 and $3,430, representing between less than 
0.01 and 0.11 percent of average annual revenues (depending on the 
industry). For Puget Sound steelhead, a small entity may bear costs of 
between less than $1 and $1,260, representing between less than 0.01 
and 0.04 percent of average annual revenues (depending on the 
industry).
    Under scenario 2, this analysis assumes costs of each anticipated 
future consultation will be borne by a distinct small business 
(approximately 55 entities for lower Columbia River coho, and 117 for 
Puget Sound steelhead). Under this scenario, in areas assessed for 
lower Columbia River coho critical habitat, each small entity may bear 
costs of between $1,150 and $31,000, representing between <0.01 and 
0.46 percent of average annual revenues, depending on the industry. In 
areas assessed for Puget Sound steelhead critical habitat, each small 
entity may bear costs of between $510 and $5,930, representing between 
<0.01 and 0.16 percent of average annual revenues, depending on the 
industry.
    In accordance with the requirements of the Regulatory Flexibility 
Act (as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996) this analysis considered various alternatives to the 
critical habitat designations for these DPSs. The alternative of not 
designating critical habitat for these DPSs was considered and 
rejected, because such an approach does not meet the legal requirements 
of the ESA. We also examined and rejected an alternative in which all 
the potential critical habitat for these two DPSs is proposed for 
designation (i.e., no areas are excluded) because some of the areas 
considered to have a low conservation value also had relatively high 
economic impacts that might be mitigated by excluding those areas from 
designation. A third alternative we examined and rejected would have 
excluded all habitat areas with a low or medium conservation value. 
While this alternative furthers the goal of reducing economic impacts, 
it is not sensitive to the fact that for both of these DPSs, 
eliminating all habitat areas with low and medium conservation value is 
likely to significantly impede conservation. Moreover, for some habitat 
areas the incremental economic benefit from excluding that area is 
relatively small or zero. Therefore, after

[[Page 2749]]

considering these alternatives in the context of the section 4(b)(2) 
process of weighing benefits of exclusion against benefits of 
designation, we determined that the current proposal for designating 
critical habitat (i.e., designating some but not all areas with low or 
medium conservation value) provides an appropriate balance of 
conservation and economic mitigation and that excluding the areas 
identified in this proposed rulemaking would not result in extinction 
of the DPSs, as required by the ESA.

Executive Order 12866

    This proposed rule has been determined to be not significant under 
Executive Order 12866.

Executive Order 13211

    On May 18, 2001, the President issued an executive order on 
regulations that significantly affect energy supply, distribution, and 
use. Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking any action that promulgates or is 
expected to lead to the promulgation of a final rule or regulation that 
(1) is a significant regulatory action under Executive Order 12866 and 
(2) is likely to have a significant adverse effect on the supply, 
distribution, or use of energy.
    We have considered the potential impacts of this action on the 
supply, distribution, or use of energy and find the designation of 
critical habitat will not have impacts that exceed the thresholds 
identified above (NMFS, 2012b).

Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)

    In accordance with the Unfunded Mandates Reform Act, NMFS makes the 
following findings:
    (a) This proposed rule will not produce a Federal mandate. In 
general, a Federal mandate is a provision in legislation, statute or 
regulation that would impose an enforceable duty upon state, local, 
tribal governments, or the private sector and includes both ``Federal 
intergovernmental mandates'' and ``Federal private sector mandates.'' 
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal 
intergovernmental mandate'' includes a regulation that ``would impose 
an enforceable duty upon State, local, or tribal governments'' with two 
exceptions. It excludes ``a condition of Federal assistance.'' It also 
excludes ``a duty arising from participation in a voluntary Federal 
program,'' unless the regulation ``relates to a then-existing Federal 
program under which $500,000,000 or more is provided annually to state, 
local, and tribal governments under entitlement authority,'' if the 
provision would ``increase the stringency of conditions of assistance'' 
or ``place caps upon, or otherwise decrease, the Federal Government's 
responsibility to provide funding'' and the state, local, or tribal 
governments ``lack authority'' to adjust accordingly. (At the time of 
enactment, these entitlement programs were: Medicaid; Aid to Families 
with Dependent Children work programs; Child Nutrition; Food Stamps; 
Social Services Block Grants; Vocational Rehabilitation State Grants; 
Foster Care, Adoption Assistance, and Independent Living; Family 
Support Welfare Services; and Child Support Enforcement.)
    ``Federal private sector mandate'' includes a regulation that 
``would impose an enforceable duty upon the private sector, except (i) 
a condition of Federal assistance; or (ii) a duty arising from 
participation in a voluntary Federal program.'' The designation of 
critical habitat does not impose a legally binding duty on non-Federal 
government entities or private parties. Under the ESA, the only 
regulatory effect is that Federal agencies must ensure that their 
actions do not destroy or adversely modify critical habitat under 
section 7. While non-Federal entities which receive Federal funding, 
assistance, permits or otherwise require approval or authorization from 
a Federal agency for an action may be indirectly impacted by the 
designation of critical habitat, the legally binding duty to avoid 
destruction or adverse modification of critical habitat rests squarely 
on the Federal agency. Furthermore, to the extent that non-Federal 
entities are indirectly impacted because they receive Federal 
assistance or participate in a voluntary Federal aid program, the 
Unfunded Mandates Reform Act would not apply; nor would critical 
habitat shift the costs of the large entitlement programs listed above 
to state governments.
    (b) Due to the existing protection afforded to the proposed 
critical habitat from existing critical habitat for salmon and 
steelhead (70 FR 52630, September 2, 2005), Southern DPS of green 
sturgeon (74 FR 52300, October 9, 2009), bull trout (70 FR 56212, 
September 26, 2005), and the Southern DPS of Pacific eulachon (76 FR 
65324, October 20, 2011), we do not anticipate that this proposed rule 
will significantly or uniquely affect small governments. As such, a 
Small Government Agency Plan is not required.

Takings

    Under Executive Order 12630, Federal agencies must consider the 
effects of their actions on constitutionally protected private property 
rights and avoid unnecessary takings of property. A taking of property 
includes actions that result in physical invasion or occupancy of 
private property, and regulations imposed on private property that 
substantially affect its value or use. In accordance with Executive 
Order 12630, this proposed rule does not have significant takings 
implications, and a takings implication assessment is not required. The 
designation of critical habitat affects only Federal agency actions. We 
do not expect the proposed critical habitat designations will impose 
additional burdens on land use or affect property values. Additionally, 
the proposed critical habitat designations do not preclude the 
development of Habitat Conservation Plans and issuance of incidental 
take permits for non-Federal actions. Owners of areas included within 
the proposed critical habitat designations will continue to have the 
opportunity to use their property in ways consistent with the survival 
of listed salmon and steelhead.

Federalism

    In accordance with Executive Order 13132, we determined that this 
proposed rule does not have significant Federalism effects and that a 
Federalism assessment is not required. In keeping with Department of 
Commerce policies, we request information from, and will coordinate 
development of these proposed critical habitat designations with, 
appropriate state resource agencies in Oregon and Washington. The 
proposed designations may have some benefit to state and local resource 
agencies in that the areas essential to the conservation of the species 
are more clearly defined, and the essential features of the habitat 
necessary for the survival of the subject DPSs are specifically 
identified. It may also assist local governments in long-range planning 
(rather than waiting for case-by-case ESA section 7 consultations to 
occur).

Government-to-Government Relationship With Tribes

    Pursuant to Executive Order 13175 and Secretarial Order 3206, we 
contacted the affected Indian Tribes when considering the designation 
of critical habitat in an area that may impact tribal trust resources, 
tribally owned fee lands or the exercise of tribal rights. All of the 
responding tribes expressed concern about the intrusion

[[Page 2750]]

into tribal sovereignty that critical habitat designation represents. 
These concerns are consistent with previous responses from tribes when 
we developed critical habitat designations for salmon and steelhead in 
2005 (70 FR 52630, September 2, 2005). The Secretarial Order defines 
Indian lands as ``any lands title to which is either: (1) Held in trust 
by the United States for the benefit of any Indian tribe or (2) held by 
an Indian Tribe or individual subject to restrictions by the United 
States against alienation.'' Our conversations with the tribes indicate 
that they view the designation of Indian lands as an unwanted intrusion 
into tribal self-governance, compromising the government-to-government 
relationship that is essential to achieving our mutual goal of 
conserving threatened and endangered salmonids.
    For the general reasons described in the Other Relevant Impacts--
Impacts to Tribal Sovereignty and Self-Governance section above, the 
draft ESA 4(b)(2) analysis has led us to propose the exclusion of all 
Indian lands in our proposed designations for lower Columbia River coho 
and Puget Sound steelhead. Consistent with other proposed exclusions, 
any exclusion in the final rule will be made only after consideration 
of all comments received.

Civil Justice Reform

    The Department of Commerce has determined that this proposed rule 
does not unduly burden the judicial system and meets the requirements 
of sections 3(a) and 3(b)(2) of Executive Order 12988. We are proposing 
to designate critical habitat in accordance with the provisions of the 
ESA. This proposed rule uses standard property descriptions and 
identifies the essential features within the designated areas to assist 
the public in understanding the habitat needs of lower Columbia River 
coho and Puget Sound steelhead.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

    This proposed rule does not contain new or revised information 
collection requirements for which Office of Management and Budget (OMB) 
approval is required under the Paperwork Reduction Act (PRA). This 
proposed rule will not impose recordkeeping or reporting requirements 
on state or local governments, individuals, businesses, or 
organizations. Notwithstanding any other provision of the law, no 
person is required to respond to, nor shall any person be subject to a 
penalty for failure to comply with, a collection of information subject 
to the requirements of the PRA, unless that collection of information 
displays a currently valid OMB Control Number.

National Environmental Policy Act of 1969 (NEPA)

    We have determined that an environmental analysis as provided for 
under NEPA is not required for critical habitat designations made 
pursuant to the ESA. See Douglas County v. Babbitt, 48 F.3d 1495 (9th 
Cir. 1995), cert. denied, 116 S.Ct. 698 (1996).

Coastal Zone Management Act

    Section 307(c)(1) of the Federal Coastal Zone Management Act of 
1972 (16 U.S.C. 1456) requires that all Federal activities that affect 
the land or water use or natural resource of the coastal zone be 
consistent with approved state coastal zone management programs to the 
maximum extent practicable. We have determined that these proposed 
designations of critical habitat are consistent to the maximum extent 
practicable with the enforceable policies of approved Coastal Zone 
Management Programs of Oregon and Washington. The determination will be 
submitted for review by the responsible agencies in the aforementioned 
states.

References Cited

    A complete list of all references cited in this rulemaking can be 
found on our Web site at https://www.nwr.noaa.gov/ and is available upon 
request from the NMFS office in Portland, Oregon (see ADDRESSES).

List of Subjects in 50 CFR Part 226

    Endangered and threatened species.

    Dated: January 3, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.

    For the reasons set out in the preamble, we propose to amend part 
226, title 50 of the Code of Federal Regulations as set forth below:

PART 226--DESIGNATED CRITICAL HABITAT

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

    Authority:  16 U.S.C. 1533.

0
2. In Sec.  226.212,
0
(a) Revise the section heading and introductory text;
0
(b) Revise paragraph (a) introductory text and add paragraphs (a)(14) 
and (a)(15);
0
(c) Revise paragraph (c) introductory text;
0
(d) Revise paragraphs (e)(9), (e)(23) and (e)(24) and add paragraph 
(e)(25);
0
(e) Revise paragraph (f) introductory text;
0
(f) Add paragraphs (f)(1), (f)(2), (f)(5) and (f)(6);
0
(g) Redesignate paragraphs (g) and (h) as paragraphs (f)(3) and (f)(4);
0
(h) Revise newly redesignated paragraphs (f)(3) and (f)(4) to read as 
follows;
0
(i) Redesignate paragraphs (i) through (u) as paragraphs (g) through 
(s); and
0
(j) Add paragraphs (t) and (u):
    The revisions and additions read as follows:


Sec.  226.212  Critical habitat for 15 Distinct Population Segments 
(DPSs) of salmon and steelhead (Oncorhynchus spp.) in Washington, 
Oregon and Idaho.

    Critical habitat is designated in the following states and counties 
for the following DPSs as described in paragraph (a) of this section, 
and as further described in paragraphs (b) through (g) of this section. 
The textual descriptions of critical habitat for each DPS are included 
in paragraphs (i) through (w) of this section, and these descriptions 
are the definitive source for determining the critical habitat 
boundaries. General location maps are provided at the end of each DPS 
description (paragraphs (i) through (w) of this section) and are 
provided for general guidance purposes only, and not as a definitive 
source for determining critical habitat boundaries.
    (a) Critical habitat is designated for the following DPSs in the 
following states and counties:

------------------------------------------------------------------------
                DPS                            State--counties
------------------------------------------------------------------------
 
                              * * * * * * *
(14) Lower Columbia River coho      (i) OR--Clackamas, Clatsop,
 salmon.                             Columbia, Hood River, Marion, and
                                     Multnomah.
                                    (ii) WA--Clark, Cowlitz, Klickitat,
                                     Lewis, Pacific, Skamania, and
                                     Wahkiakum.

[[Page 2751]]

 
(15) Puget Sound steelhead........  WA--Clallam, Jefferson, King,
                                     Kitsap, Mason, Pierce, Skagit,
                                     Snohomish, Thurston, and Whatcom.
------------------------------------------------------------------------

* * * * *
    (c) Primary constituent elements. Within these areas, the primary 
constituent elements essential for the conservation of these DPSs are 
those sites and habitat components that support one or more life 
stages, including:
* * * * *
    (e) * * *
    (9) Fort Lewis (Army and Air Force);
* * * * *
    (23) Dabob Bay/Whitney Point naval restricted area;
    (24) Port Townsend/Indian Island/Walan Point naval restricted area; 
and
    (25) Naval Base Kitsap
* * * * *
    (f) Land covered by an approved Habitat Conservation Plan. Critical 
habitat does not include any areas subject to an approved incidental 
take permit issued by NMFS under section 10(a)(1)(B) of the ESA. The 
specific sites addressed include those associated with the following 
Habitat Conservation Plans:
    (1) Washington Department of Natural Resources--West of Cascades
    (2) Washington State Forest Practices
    (3) Green Diamond Company
    (4) West Fork Timber Company
    (5) City of Kent
    (6) J.L. Storedahl and Sons
* * * * *
    (t) Lower Columbia River Coho Salmon (Oncorhynchus kisutch). 
Critical habitat is designated to include the areas defined in the 
following subbasins:
    (1) Middle Columbia-Hood Subbasin 17070105--(i) East Fork Hood 
River Watershed 1707010506. Outlet(s) = Hood River (Lat 45.605237, Long 
-121.633264); upstream to endpoint(s) in: Bear Creek (45.491952, -
121.648262); Dog River (45.447412, -121.567406); East Fork Hood River 
(45.310783, -121.626954); East Fork Hood River (45.412671, -
121.570369); Evans Creek (45.486998, -121.590438); Graham Creek 
(45.551655, -121.567021); Griswell Creek (45.522055, -121.577151); 
Pinnacle Creek (45.459186, -121.658854); Pocket Creek (45.302362, -
121.597799); Tony Creek (45.540932, -121.644048); Yellowjacket Creek 
(45.502652, -121.561138).
    (ii) West Fork Hood River Watershed 1707010507. Outlet(s) = West 
Fork Hood River (Lat 45.605237, Long -121.633264); upstream to 
endpoint(s) in: Elk Creek (45.439371, -121.79187); Green Point Creek 
(45.590219, -121.681893).
    (iii) Hood River Watershed 1707010508. Outlet(s) = Hood River (Lat 
45.712335, Long -121.508062); upstream to endpoint(s) in: Lenz Creek 
(45.627282, -121.527217); Unnamed (45.695827, -121.499524); Hood River 
(45.605237, -121.633264); Neal Creek (45.589032, -121.495443); West 
Fork Neal Creek (45.589791, -121.50157); Whiskey Creek (45.682589, -
121.507362).
    (iv) White Salmon River Watershed 1707010509. Outlet(s) = White 
Salmon River (Lat 45.722453, Long -121.522507); upstream to endpoint(s) 
in: White Salmon River (45.767475, -121.538582).
    (v) Little White Salmon River Watershed 1707010510. Outlet(s) = 
Little White Salmon River (Lat 45.709771, -121.648828); upstream to 
endpoint(s) in: Little White Salmon River (45.721722, -121.640905).
    (vi) Wind River Watershed 1707010511. Outlet(s) = Wind River (Lat 
45.708031, Long -121.7937); upstream to endpoint(s) in: Unnamed 
(45.815611, -121.845378); Unnamed (45.8203, -121.812338); Unnamed 
(45.821678, -121.947378); Unnamed (45.842504, -121.919472); Unnamed 
(45.847958, -121.923983); Unnamed (45.863859, -121.977579); Unnamed 
(45.96647, -121.911828); Bear Creek (45.761807, -121.830558); Big 
Hollow Creek (45.939879, -122.003963); Cedar Creek (45.830782, -
121.803419); Dry Creek (45.951945, -121.986573); Eightmile Creek 
(45.849795, -121.895036); Falls Creek (45.910426, -121.923791); Hollis 
Creek (45.844829, -121.93704); Little Wind River (45.764902, -
121.743713); Martha Creek (45.789911, -121.936208); Mouse Creek 
(45.841299, -121.844253); Ninemile Creek (45.892264, -121.938276); 
Panther Creek (45.860314, -121.843418); Paradise Creek (45.960955, -
121.9529); Tenmile Creek (45.857983, -121.85914); Trapper Creek 
(45.905546, -122.03664); Trout Creek (45.801934, -121.932513); Wind 
River (45.97452, -121.90201).
    (vii) Middle Columbia/Grays Creek Watershed 1707010512. Outlet(s) = 
Columbia River (Lat 45.704232, Long -121.799197); upstream to 
endpoint(s) in: Unnamed (45.709771, -121.648828); Unnamed (45.71305, -
121.765469); Unnamed (45.717006, -121.775974); Unnamed (45.724676, -
121.733359); Dog Creek (45.711575, -121.670928); Gorton Creek 
(45.691091, -121.773139); Columbia River (45.712335, -121.508062); 
Lindsey Creek (45.686538, -121.716427); Viento Creek (45.697116, -
121.668995).
    (viii) Middle Columbia/Eagle Creek Watershed 1707010513. Outlet(s) 
= Unnamed (Lat 45.644489, Long -121.940679); upstream to endpoint(s) 
in: Unnamed (45.665271, -121.8177); Unnamed (45.667271, -121.849896); 
Unnamed (45.668788, -121.845446); Unnamed (45.681125, -121.861863); 
Unnamed (45.710132, -121.845697); Camp Creek (45.667436, -121.817935); 
Carson Creek (45.715784, -121.820829); Columbia River (45.704232, -
121.799197); Eagle Creek (45.636481, -121.918349); East Fork Herman 
Creek (45.653835, -121.814038); Herman Creek (45.65053, -121.819282); 
Kanaka Creek (45.703936, -121.886202); Nelson Creek (45.70486, -
121.863199); Ruckel Creek (45.646027, -121.920243).
    (2) Lower Columbia-Sandy Subbasin 17080001--(i) Salmon River 
Watershed 1708000101. Outlet(s) = Salmon River (Lat 45.376252, Long -
122.031058); upstream to endpoint(s) in: Unnamed (45.294351, -
121.93992); Unnamed (45.327567, -121.964685); Unnamed (45.333577, -
121.954887); Unnamed (45.343325, -121.993355); Bighorn Creek 
(45.261413, -121.920687); Boulder Creek (45.345892, -122.022829); 
Cheeney Creek (45.298138, -121.966984); Copper Creek (45.250573, -
121.906523); Salmon River (45.250793, -121.903932); South Fork Salmon 
River (45.262376, -121.94569); Welches Creek (45.322357, -121.96209); 
Little Cheney Creek (45.315925, -121.957706).
    (ii) Zigzag River Watershed 1708000102. Outlet(s) = Zigzag River 
(Lat 45.348502, Long -121.945268); upstream to endpoint(s) in: Unnamed 
(45.264488, -121.835176); Unnamed (45.309925, -121.867436); Little 
Zigzag Canyon (45.313577, -121.804646); Camp Creek (45.302508, -
121.824858); Cool Creek (45.292765, -121.884534); Henry Creek 
(45.329747, -121.904756); Lady Creek (45.319762, -121.823709); Still 
Creek (45.266162, -121.82967); Wind Creek (45.298307, -121.856182); 
Zigzag River (45.31595, -121.804679).
    (iii) Upper Sandy River Watershed 1708000103. Outlet(s) = Sandy 
River (Lat 45.348695, -121.945224); upstream to endpoint(s) in: Unnamed 
(45.375211, -121.831255); Unnamed (45.380971,

[[Page 2752]]

-121.827671); Unnamed (45.38147, -121.902185); Unnamed (45.394711, -
121.794578); Unnamed (45.399767, -121.901436); Cast Creek (45.380693, -
121.858892); Clear Creek (45.399405, -121.89475); Clear Fork 
(45.396485, -121.858012); Little Clear Creek (45.377979, -121.915785); 
Lost Creek (45.372028, -121.818608); Minikahda Creek (45.368674, -
121.940028); Sandy River (45.388349, -121.842458); Short Creek 
(45.376861, -121.863405).
    (iv) Middle Sandy River Watershed 1708000104. Outlet(s) = Sandy 
River (Lat 45.446429, Long -122.248369); upstream to endpoint(s) in: 
Unnamed (45.37949, -122.03096); Unnamed (45.386346, -122.036698); Alder 
Creek (45.376772, -122.100846); Bear Creek (45.336648, -121.927798); 
Cedar Creek (45.404272, -122.252578); Hackett Creek (45.352288, -
121.951609); North Boulder Creek (45.382046, -122.017926); Whisky Creek 
(45.377566, -122.128088); Wildcat Creek (45.370157, -122.077485).
    (v) Bull Run River Watershed 1708000105. Outlet(s) = Bull Run River 
(Lat 45.445672, -122.247943); upstream to endpoint(s) in: Bull Run 
River (45.431922, -122.19391); Little Sandy River (45.408124, -
122.066052).
    (vi) Washougal River Watershed 1708000106. Outlet(s) = Washougal 
River (Lat 45.581011, Long -122.408885); upstream to endpoint(s) in: 
Unnamed (45.58717, -122.413316); Unnamed (45.600016, -122.332175); 
Unnamed (45.611824, -122.242999); Unnamed (45.612809, -122.324998); 
Unnamed (45.620381, -122.345921); Unnamed (45.626874, -122.34346); 
Unnamed (45.627736, -122.256085); Unnamed (45.629474, -122.247482); 
Unnamed (45.638035, -122.292731); Unnamed (45.647483, -122.367738); 
Unnamed (45.648358, -122.334455); Unnamed (45.650547, -122.157413); 
Unnamed (45.653255, -122.275218); Unnamed (45.657929, -122.220622); 
Unnamed (45.659093, -122.207653); Unnamed (45.6692, -122.156539); 
Unnamed (45.670112, -122.34117); Unnamed (45.672008, -122.173594); 
Unnamed (45.674178, -122.299555); Unnamed (45.683465, -122.334825); 
Unnamed (45.696755, -122.315224); Unnamed (45.700417, -122.32238); 
Unnamed (45.708896, -122.266302); Unnamed (45.708947, -122.252235); 
Unnamed (45.720695, -122.249333); Unnamed (45.729294, -122.195616); 
Cougar Creek (45.651259, -122.268846); Dougan Creek (45.67684, -
122.153333); East Fork Little Washougal River (45.672014, -122.283888); 
Jackson Creek (45.675271, -122.254193); Jones Creek (45.689112, -
122.291063); Lacamas Creek (45.597039, -122.394477); Texas Creek 
(45.689165, -122.187421); Washougal River (45.67269, -122.153567); West 
Fork Washougal River (45.733609, -122.214819); Wildboy Creek (45.671, -
122.218436); Winkler Creek (45.632735, -122.261321); Hagen Creek 
(45.706875, -122.25864); Little Washougal River (45.676574, -
122.342287); Little Washougal River (45.653083, -122.347546); Winkler 
Creek (45.631081, -122.26165).
    (vii) Columbia Gorge Tributaries Watershed 1708000107. Outlet(s) = 
Columbia River (Lat 45.573261, Long -122.397377); upstream to 
endpoint(s) in: Unnamed (45.548138, -122.351565); Unnamed (45.567076, -
122.304405); Unnamed (45.588566, -122.294521); Unnamed (45.590912, -
122.2823); Unnamed (45.593653, -122.144297); Unnamed (45.596322, -
122.298126); Unnamed (45.602186, -122.045501); Unnamed (45.603278, -
122.117957); Unnamed (45.60427, -122.114465); Unnamed (45.604686, -
122.111908); Unnamed (45.608658, -122.034755); Unnamed (45.618526, -
122.046564); Unnamed (45.627848, -122.059877); Unnamed (45.644489, -
121.940679); Unnamed (45.648055, -121.973672); Unnamed (45.648286, -
121.937896); Unnamed (45.651152, -121.948423); Unnamed (45.663009, -
121.945288); Unnamed (45.668112, -121.944275); Unnamed (45.705738, -
122.030562); Unnamed (45.706583, -122.030264); Unnamed (45.712761, -
122.031391); Bridal Veil Creek (45.554125, -122.180231); Campen Creek 
(45.588421, -122.32304); Coopey Creek (45.56249, -122.165304); Duncan 
Creek (45.668084, -122.087311); Gibbons Creek (45.578553, -122.280402); 
Greenleaf Creek (45.680477, -121.961898); Hamilton Creek (45.724649, -
122.025155); Hardy Creek (45.637053, -122.006906); Horsetail Creek 
(45.588381, -122.068121); Indian Mary Creek (45.626983, -122.08352); 
Latourell Creek (45.54047, -122.218884); Lawton Creek (45.57449, -
122.251177); Little Creek (45.644317, -122.037293); McCord Creek 
(45.611378, -121.994145); Moffett Creek (45.618491, -121.967182); 
Multnomah Creek (45.575938, -122.115489); Oneonta Creek (45.582044, -
122.072688); Tanner Creek (45.629297, -121.954011); Tumalt Creek 
(45.609963, -122.029615); Wahkeena Creek (45.573123, -122.126812); 
Walton Creek (45.575513, -122.26303); Woodward Creek (45.632266, -
122.044788); Young Creek (45.546713, -122.198337); Hardy Creek 
(45.633735, -121.99603).
    (viii) Lower Sandy River Watershed 1708000108. Outlet(s) = Sandy 
River (Lat 45.574301, Long -122.380188); upstream to endpoint(s) in: 
Unnamed (45.553991, -122.377876); Beaver Creek (45.495821, -
122.365511); Big Creek (45.506685, -122.297833); Buck Creek (45.497012, 
-122.277464); Cat Creek (45.489237, -122.238503); Gordon Creek 
(45.502328, -122.181652); Kelly Creek (45.513162, -122.396503); Middle 
Fork Beaver Creek (45.488652, -122.352533); Sandy River (45.446429, -
122.248369); Trout Creek (45.481334, -122.27692).
    (ix) Salmon Creek Watershed 1708000109. Outlet(s) = Unnamed (Lat 
45.608827, Long -122.628396); Unnamed (45.782133, -122.770935); Unnamed 
(45.79137, -122.779096); Lake River (45.842318, -122.780058); Unnamed 
(45.583634, -122.493678); Unnamed (45.725544, -122.762187); Unnamed 
(45.708956, -122.765945); upstream to endpoint(s) in: Unnamed 
(45.597056, -122.48085); Unnamed (45.618497, -122.625455); Unnamed 
(45.692522, -122.750865); Unnamed (45.705359, -122.654729); Unnamed 
(45.736541, -122.738658); Unnamed (45.740616, -122.457587); Unnamed 
(45.741057, -122.541219); Unnamed (45.745405, -122.701278); Unnamed 
(45.750243, -122.641509); Unnamed (45.751664, -122.635603); Unnamed 
(45.758152, -122.697981); Unnamed (45.759293, -122.753826); Unnamed 
(45.760094, -122.420422); Unnamed (45.760678, -122.510984); Unnamed 
(45.763086, -122.392563); Unnamed (45.766128, -122.402833); Unnamed 
(45.768661, -122.410137); Unnamed (45.768856, -122.458956); Unnamed 
(45.771241, -122.481058); Unnamed (45.77272, -122.42969); Unnamed 
(45.779683, -122.608053); Unnamed (45.783976, -122.432545); Unnamed 
(45.785031, -122.709594); Unnamed (45.788669, -122.739027); Unnamed 
(45.796251, -122.438508); Unnamed (45.801421, -122.517285); Unnamed 
(45.807105, -122.454757); Unnamed (45.807885, -122.425007); Unnamed 
(45.808519, -122.754502); Unnamed (45.813822, -122.449343); Unnamed 
(45.817459, -122.771105); Unnamed (45.827212, -122.764666); Burnt 
Bridge Creek (45.660818, -122.511162); Cold Canyon (45.663287, -
122.66699); Cougar Canyon Creek (45.707212, -122.682567); Curtin Creek 
(45.684387, -122.586094); Flume Creek (45.779893, -122.71596); Lalonde 
Creek (45.707849, -122.642314); Little Salmon Creek (45.784979, -
122.421225); Mill Creek (45.77898, -122.566195); Morgan Creek 
(45.751434, -122.446616); Mud Creek (45.731816, -122.478143); Packard 
Creek (45.757922, -122.699539); Rock Creek (45.815043, -122.456123); 
Salmon Creek (45.757766, -122.424507); Weaver Creek (45.793553, -
122.495211); Whipple Creek (45.734817, -122.657695).

[[Page 2753]]

    (3) Lewis Subbasin 17080002--(i) Upper Lewis River Watershed 
1708000201. Outlet(s) = Lewis River (Lat 46.069463, Long -122.006838); 
upstream to endpoint(s) in: Big Creek (46.094659, -121.913097); 
Chickoon Creek (46.148528, -121.878749); Crab Creek (46.141771, -
121.890849); Curly Creek (46.057396, -121.970510); Cussed Hollow 
(46.148088, -121.904757); Lewis River (46.154732, -121.880642); Little 
Creek (46.071497, -121.911930); Pepper Creek (46.078061, -121.983936); 
Rush Creek (46.050925, -121.905817); Spencer Creek (46.143417, -
121.910603).
    (ii) Muddy River Watershed 1708000202. Outlet(s) = Muddy River (Lat 
46.069463, Long -122.006838); upstream to endpoint(s) in: Clear Creek 
(46.210439, -121.951602); Clearwater Creek (46.208811, -122.016938); 
Muddy River (46.180853, -122.070616); Smith Creek (46.229009, -
122.091210).
    (iii) Swift Reservoir Watershed 1708000203. Outlet(s) = Lewis River 
(46.061988, -122.192687); upstream to endpoint(s) in: Unnamed 
(46.067280, -122.031517); Unnamed (46.030884, -122.025805); Unnamed 
(46.021441, -122.094836); Unnamed (46.076975, -122.134548); Drift Creek 
(45.992711, -122.064320); Lewis River (46.069463, -122.006838); Marble 
Creek (46.075248, -122.138077); Pine Creek (46.091385, -122.040834); 
Range Creek (46.028641, -122.121759); Swift Creek (46.090717, -
122.205248).
    (iv) Yale Reservoir Watershed 1708000204. Outlet(s) = Lewis River 
(Lat 45.966180, -Long 122.334825); upstream to endpoint(s) in: Dog 
Creek (46.061456, -122.317143); Cougar Creek (46.071149, -122.269881); 
Lewis River (46.061988, -122.192687); Ole Creek (46.049968, -
122.239259); Panamaker Creek (46.076309, -122.298414); Rain Creek 
(46.041972, -122.204391).
    (v) East Fork Lewis River Watershed 1708000205. Outlet(s) = Gee 
Creek (Lat 45.846474, Long -122.784009); East Fork Lewis River 
(45.865974, -122.720015); upstream to endpoint(s) in: Unnamed 
(45.780025, -122.60805); Unnamed (45.794783, -122.698153); Unnamed 
(45.801134, -122.682844); Unnamed (45.804692, -122.580745); Unnamed 
(45.807413, -122.629756); Unnamed (45.814729, -122.56657); Unnamed 
(45.816914, -122.575875); Unnamed (45.822904, -122.708092); Unnamed 
(45.823983, -122.639331); Unnamed (45.828994, -122.605197); Unnamed 
(45.835126, -122.485374); Unnamed (45.836667, -122.650975); Unnamed 
(45.837829, -122.469846); Unnamed (45.846989, -122.749763); Unnamed 
(45.847364, -122.649785); Unnamed (45.848031, -122.441525); Unnamed 
(45.849976, -122.524001); Unnamed (45.853522, -122.598543); Unnamed 
(45.855146, -122.593372); Unnamed (45.859839, -122.612419); Unnamed 
(45.861417, -122.70149); Unnamed (45.866041, -122.5784); Unnamed 
(45.866516, -122.575586); Unnamed (45.867718, -122.647281); Unnamed 
(45.869512, -122.678967); Unnamed (45.872474, -122.647396); Unnamed 
(45.875583, -122.487609); Unnamed (45.881115, -122.478516); Unnamed 
(45.905677, -122.519797); Allen Creek (45.827926, -122.698134); Basket 
Creek (45.832585, -122.459163); Brezee Creek (45.880461, -122.655871); 
East Fork Lewis River (45.839345, -122.447538); Gee Creek (45.791622, -
122.674464); Jenny Creek (45.870366, -122.700692); Lockwood Creek 
(45.8722, -122.612928); Mason Creek (45.865932, -122.544237); McCormick 
Creek (45.851953, -122.691964); Riley Creek (45.872133, -122.62657); 
Unnamed Creek (45.843693, -122.648975).
    (vi) Lower Lewis River Watershed 1708000206. Outlet(s) = Lewis 
River (Lat 45.855546, Long -122.775762); upstream to endpoint(s) in: 
Unnamed (45.870633, -122.756138); Unnamed (45.88666, -122.723102); 
Unnamed (45.892632, -122.422093); Unnamed (45.893766, -122.438283); 
Unnamed (45.901311, -122.727541); Unnamed (45.919994, -122.535139); 
Unnamed (45.920149, -122.456867); Unnamed (45.920747, -122.693543); 
Unnamed (45.923838, -122.424899); Unnamed (45.924295, -122.37431); 
Unnamed (45.928026, -122.689314); Unnamed (45.929363, -122.504918); 
Unnamed (45.939172, -122.41088); Unnamed (45.941429, -122.704591); 
Unnamed (45.942762, -122.671288); Unnamed (45.943605, -122.620229); 
Unnamed (45.944513, -122.644954); Unnamed (45.947599, -122.643073); 
Bitter Creek (45.913105, -122.460482); Brush Creek (45.927783, -
122.468661); Cedar Creek (45.906562, -122.381815); Chelatchie Creek 
(45.935564, -122.379567); Colvin Creek (45.939847, -122.609332); 
Houghton Creek (45.951179, -122.634346); John Creek (45.943278, -
122.477146); Johnson Creek (45.953443, -122.61949); Lewis River 
(45.966180, -122.334825); North Fork Chelatchie Creek (45.945494, -
122.393811); Pup Creek (45.948425, -122.525655); Robinson Creek 
(45.936812, -122.725723); Ross Creek (45.953911, -122.706047); Staples 
Creek (45.942126, -122.667681).
    (4) Lower Columbia-Clatskanie Subbasin 17080003--(i) Kalama River 
Watershed 1708000301. Outlet(s) = Burris Creek (Lat 45.892513, Long -
122.790279); Bybee Creek (45.966376, -122.816532); Kalama River 
(46.03393, -122.870595); Mill Creek (45.95816, -122.803634); 
Schoolhouse Creek (45.978378, -122.829247); Unnamed (45.999928, -
122.848159); upstream to endpoint(s) in: Unnamed (45.903312, -
122.780386); Unnamed (45.934119, -122.781977); Unnamed (45.977147, -
122.825526); Unnamed (45.993614, -122.813527); Unnamed (46.043843, -
122.856105); Burke Creek (45.94516, -122.775084); Burke Slough 
(45.924545, -122.797017); Burris Creek (45.932376, -122.743342); Bybee 
Creek (45.969366, -122.814717); Cedar Creek (46.03313, -122.812264); 
Hatchery Creek (46.049047, -122.801448); Indian Creek (46.049668, -
122.752333); Indian Creek (46.0452, -122.752907); Kalama River 
(46.025868, -122.739474); Mill Creek (45.961948, -122.795944); 
Schoolhouse Creek (45.981238, -122.825927); Spencer Creek (46.025203, -
122.829696).
    (ii) Beaver Creek/Columbia River Watershed 1708000302. Outlet(s) = 
Beaver Slough (Lat 46.121253, Long -123.22089); Fox Creek (46.092512, -
122.938467); Goble Creek (46.020615, -122.876532); Green Creek 
(46.166661, -123.099119); Tide Creek (45.994307, -122.866712); upstream 
to endpoint(s) in: Unnamed (45.914995, -122.870367); Unnamed 
(45.985132, -122.928842); Unnamed (46.0165, -122.963794); Unnamed 
(46.019529, -122.944997); Beaver Creek (46.104384, -123.124089); Fox 
Creek (46.069709, -122.937725); Goble Creek (46.006921, -122.989536); 
Green Creek (46.143721, -123.074477); Merrill Creek (45.908708, -
122.887674); North Fork Stewart Creek (46.134963, -123.142788); South 
Fork Goble Creek (45.967146, -122.912205); Stewart Creek (46.121924, -
123.134473); Tide Creek (45.998871, -123.005909).
    (iii) Clatskanie River Watershed 1708000303. Outlet(s) = Beaver 
Slough (Lat 46.139926, Long -123.230807); upstream to endpoint(s) in: 
Unnamed (45.871279, -123.016852); Unnamed (46.057, -123.256303); Beaver 
Slough (46.121253, -123.22089); Carcus Creek (45.988589, -123.087952); 
Clatskanie River (45.878919, -122.9959); Conyers Creek (46.056042, -
123.241614); Dribble Creek (45.904283, -123.028122); Fall Creek 
(46.10887, -123.212892); Keystone Creek (46.075658, -123.145555); 
Little Clatskanie River (45.914012, -122.995923); Merril Creek 
(46.081981, -123.187026); Miller Creek (46.043933, -123.146664); North 
Fork Clatskanie River (46.028796, -123.052308); Page Creek (46.04337, -
123.126689); Perkins Creek (46.045692, -123.202675).
    (iv) Germany/Abernathy Watershed 1708000304. Outlet(s) = Abernathy 
Creek (46.190946, -123.16764); Coal Creek Slough (46.189618, -
123.116548);

[[Page 2754]]

Germany Creek (46.190472, -123.124221); Mill Creek (Lat 46.188644, Long 
-123.175717); upstream to endpoint(s) in: Unnamed (46.174387, -
123.284405); Unnamed (46.177806, -123.244713); Unnamed (46.179048, -
123.28534); Unnamed (46.179783, -123.014957); Unnamed (46.199235, -
123.017367); Unnamed (46.209772, -123.250435); Unnamed (46.210569, -
123.02174); Unnamed (46.2212, -123.233862); Unnamed (46.230005, -
123.243579); Unnamed (46.23735, -123.217724); Unnamed (46.257704, -
123.211771); Unnamed (46.260394, -123.156937); Unnamed (46.282123, -
123.215419); Unnamed (46.28956, -123.229955); Unnamed (46.302937, -
123.18012); Unnamed (46.30502, -123.175317); Unnamed (46.313744, -
123.186815); Unnamed (46.315329, -123.111068); Unnamed (46.318441, -
123.123571); Unnamed (46.329631, -123.132487); Abernathy Creek 
(46.298183, -123.20799); Cameron Creek (46.266183, -123.196747); Coal 
Creek (46.214039, -123.020114); Erick Creek (46.283486, -123.165659); 
Germany Creek (46.323938, -123.150029); Harmony Creek (46.191588, -
123.045625); Hunter Creek (46.200371, -123.277768); Midway Creek 
(46.280132, -123.179387); North Fork Mill Creek (46.237142, -
123.227829); Ordway Creek (46.312588, -123.1944); Slide Creek 
(46.251167, -123.180153); South Fork Mill Creek (46.184454, -
123.282779); Spruce Creek (46.19379, -123.270758); Wiest Creek 
(46.27626, -123.159368).
    (v) Skamokawa/Elochoman Watershed 1708000305. Outlet(s) = Birnie 
Creek (Lat 46.200249, Long -123.388149); Elochoman River (46.22667, -
123.400822); Jim Crow Creek (46.266028, -123.552297); Skamokawa Creek 
(46.268566, -123.45637); upstream to endpoint(s) in: Unnamed 
(46.225162, -123.303945); Unnamed (46.242407, -123.369715); Unnamed 
(46.264248, -123.311602); Unnamed (46.268968, -123.328113); Unnamed 
(46.27795, -123.384622); Unnamed (46.281109, -123.369818); Unnamed 
(46.294907, -123.320218); Unnamed (46.299508, -123.553063); Unnamed 
(46.30403, -123.499255); Unnamed (46.30564, -123.54826); Unnamed 
(46.320411, -123.244937); Unnamed (46.320842, -123.35815); Unnamed 
(46.325433, -123.281587); Unnamed (46.328108, -123.296011); Unnamed 
(46.33764, -123.44219); Unnamed (46.337892, -123.462614); Unnamed 
(46.34415, -123.256674); Unnamed (46.347782, -123.392349); Unnamed 
(46.349787, -123.211987); Unnamed (46.351596, -123.313042); Unnamed 
(46.35173, -123.19359); Unnamed (46.360802, -123.261039); Unnamed 
(46.364365, -123.276383); Unnamed (46.368463, -123.242642); Unnamed 
(46.377205, -123.262108); Unnamed (46.382024, -123.242299); Unnamed 
(46.386679, -123.223722); Unnamed (46.303663, -123.365059); Unnamed 
(46.311328, -123.478976); Unnamed (46.306534, -123.546046); Beaver 
Creek (46.216566, -123.297152); Bell Canyon Creek (46.288173, -
123.405772); Birnie Creek (46.204016, -123.384532); Cadman Creek 
(46.302299, -123.508597); Clear Creek (46.260761, -123.300874); Duck 
Creek (46.265653, -123.337856); East Fork Elochoman River (46.378345, -
123.193512); Falk Creek (46.321532, -123.381397); Fink Creek 
(46.276734, -123.570228); Jim Crow Creek (46.312074, -123.539923); 
Kelly Creek (46.32257, -123.48111); Left Fork Skamokawa Creek 
(46.339453, -123.470344); Longtain Creek (46.25861, -123.369188); 
McDonald Creek (46.346651, -123.382328); Nelson Creek (46.257717, -
123.35252); North Fork Elochoman River (46.375393, -123.284959); Otter 
Creek (46.388034, -123.217495); Pollard Creek (46.307613, -123.412558); 
Quarry Creek (46.337806, -123.42712); Risk Creek (46.25136, -
123.399855); Rock Creek (46.277795, -123.275871); Standard Creek 
(46.333628, -123.357041); West Fork Elochoman River (46.351711, -
123.329823); West Fork Skamokawa Creek (46.327805, -123.498954); West 
Valley Creek (46.291358, -123.51591); Wilson Creek (46.31583, -
123.328008); Unnamed Creek (46.306534, -123.546046); Unnamed Creek 
(46.311328, -123.478976); Unnamed Creek (46.386679, -123.223722); 
Unnamed Creek (46.303663, -123.365059).
    (vi) Plympton Creek Watershed 1708000306. Outlet(s) = Hunt Creek 
(Lat 46.202277, Long -123.445724); Westport Slough (46.143868, -
123.383472); upstream to endpoint(s) in: Eilertsen Creek (46.099706, -
123.328684); Graham Creek (46.09157, -123.277339); Hunt Creek 
(46.120882, -123.428478); Ok Creek (46.099703, -123.321777); Olsen 
Creek (46.101357, -123.360299); Plympton Creek (46.127423, -
123.391111); Ross Creek (46.108505, -123.368667); Tandy Creek 
(46.085085, -123.29629); West Creek (46.121298, -123.373425); Westport 
Slough (46.124151, -123.245135).
    (5) Upper Cowlitz Subbasin 17080004--(i) Headwaters Cowlitz River 
Watershed 1708000401. Outlet(s) = Cowlitz River (Lat 46.657731, Long -
121.604374); upstream to endpoint(s) in: Unnamed (46.675388, -
121.580086); Clear Fork Cowlitz River (46.684326, -121.568004); Muddy 
Fork Cowlitz River (46.697086, -121.618719); Ohanapecosh River 
(46.690309, -121.582129); Purcell Creek (46.671171, -121.587667).
    (ii) Upper Cowlitz River Watershed 1708000402. Outlet(s) = Cowlitz 
River (46.576161, -121.706256); Johnson Creek (Lat 46.575836, Long -
121.705564); upstream to endpoint(s) in: Unnamed (46.62375, -
121.671832); Unnamed (46.641142, -121.654691); Unnamed (46.654671, -
121.631508); Unnamed (46.692847, -121.803752); Butter Creek (46.646075, 
-121.675424); Coal Creek (46.643541, -121.611604); Cowlitz River 
(46.657731, -121.604374); Hall Creek (46.613874, -121.660242); Hinkle 
Tinkle Creek (46.653644, -121.641874); Johnson Creek (46.555366, -
121.639734); Lake Creek (46.622383, -121.610363); Skate Creek 
(46.684892, -121.806283).
    (iii) Cowlitz Valley Frontal Watershed 1708000403. Outlet(s) = 
Cowlitz River (Lat 46.476278, Long -122.096306); upstream to 
endpoint(s) in: Unnamed (46.489922, -122.083268); Unnamed (46.518735, -
121.858756); Burton Creek (46.542568, -121.752074); Cowlitz River 
(46.576161, -121.706256); Cunningham Creek (46.512691, -121.844636); 
Davis Creek (46.540691, -121.809594); Dry Creek (46.560084, -
121.705732); Garrett Creek (46.523043, -121.773614); Hampton Creek 
(46.537971, -121.939923); Hopkin Creek (46.537673, -121.840214); 
Johnson Creek (Lat 46.575836, Long -121.705564); Kilborn Creek 
(46.507622, -121.801739); Kiona Creek (46.564304, -122.049702); Miller 
Creek (46.539348, -121.960377); Oliver Creek (46.545728, -121.99579); 
Peters Creek (46.543267, -121.982782); Schooley Creek (46.500722, -
121.964414); Sethe Creek (46.534578, -121.867518); Siler Creek 
(46.492992, -121.911187); Silver Creek (46.55632, -121.91673); Smith 
Creek (46.561932, -121.693911); Surrey Creek (46.543475, -121.888707); 
Willame Creek (46.580526, -121.733077).
    (iv) Upper Cispus River Watershed 1708000404. Outlet(s) = Cispus 
River (Lat 46.443752, Long -121.798269); upstream to endpoint(s) in: 
Cispus River (46.344891, -121.68424); East Canyon Creek (46.347337, -
121.703867); North Fork Cispus River (46.435538, -121.657768); Twin 
Creek (46.374048, -121.728185).
    (v) Lower Cispus River Watershed 1708000405. Outlet(s) = Cispus 
River (Lat 46.476761, Long -122.095709); upstream to endpoint(s) in: 
Unnamed (46.430554, -121.825682); Unnamed (46.455387, -121.954511); 
Unnamed (46.465418, -121.958732); Ames Creek

[[Page 2755]]

(46.466423, -121.918257); Camp Creek (46.450675, -121.831242); Cispus 
River (Lat 46.443752, Long -121.798269); Copper Canyon Creek 
(46.467296, -122.082101); Covell Creek (46.431961, -121.851825); 
Crystal Creek (46.437145, -122.018844); Dry Creek (46.452466, -
121.852225); Greenhorn Creek (46.421576, -121.905397); Iron Creek 
(46.38938, -121.971317); McCoy Creek (46.38901, -121.82019); Quartz 
Creek (46.434561, -122.05107); Woods Creek (46.475527, -121.949635); 
Yellowjacket Creek (46.386924, -121.834674).
    (6) Cowlitz Subbasin 17080005--(i) Tilton River Watershed 
1708000501. Outlet(s) = Tilton River (Lat 46.543356, Long -122.533164); 
upstream to endpoint(s) in: Unnamed (46.588777, -122.17989); Coal Creek 
(46.573383, -122.243464); Connelly Creek (46.603724, -122.311695); Coon 
Creek (46.61661, -122.284513); Eagle Creek (46.653164, -122.259058); 
East Fork Tilton River (46.594049, -122.170519); Jesse Creek 
(46.644446, -122.421704); Johnson Creek (46.531381, -122.237744); 
Little Creek (46.666231, -122.404381); Minnie Creek (46.539791, -
122.234089); Nineteen Creek (46.599433, -122.22251); Otter Creek 
(46.62162, -122.401512); Rockies Creek (46.643019, -122.39823); Snow 
Creek (46.620326, -122.266924); South Fork Tilton Creek (46.563022, -
122.1572); Tilton River (46.624549, -122.215133); Trout Creek 
(46.65834, -122.25936); Wallanding Creek (46.622603, -122.368924); West 
Fork Tilton River (46.658406, -122.308887); Winnie Creek (46.657038, -
122.422335).
    (ii) Riffe Reservoir Watershed 1708000502. Outlet(s) = Cowlitz 
River (Lat 46.5031, Long -122.588332); upstream to endpoint(s) in: 
Cowlitz River (46.476278, -122.096306); Winston Creek (46.459003, -
122.370859).
    (iii) Jackson Prairie Watershed 1708000503. Outlet(s) = Cowlitz 
River (Lat 46.367511, Long -122.934945); upstream to endpoint(s) in: 
Unnamed (46.383522, -122.679974); Unnamed (46.383941, -122.725937); 
Unnamed (46.385081, -122.705907); Unnamed (46.387856, -122.695831); 
Unnamed (46.39224, -122.75946); Unnamed (46.399666, -122.898638); 
Unnamed (46.400754, -122.733303); Unnamed (46.409488, -122.589866); 
Unnamed (46.410097, -122.680278); Unnamed (46.410422, -122.708726); 
Unnamed (46.411433, -122.756574); Unnamed (46.413363, -122.783988); 
Unnamed (46.417067, -122.637699); Unnamed (46.424466, -122.818117); 
Unnamed (46.427206, -122.613403); Unnamed (46.428381, -122.643499); 
Unnamed (46.429253, -122.83625); Unnamed (46.431112, -122.808741); 
Unnamed (46.440469, -122.519079); Unnamed (46.445258, -122.867273); 
Unnamed (46.449715, -122.529087); Unnamed (46.450991, -122.871663); 
Unnamed (46.472774, -122.686245); Unnamed (46.488493, -122.807753); 
Unnamed (46.517532, -122.654378); Unnamed (46.5309, -122.820885); 
Unnamed (46.533357, -122.758003); Unnamed (46.542935, -122.748007); 
Bear Creek (46.463967, -122.913037); Blue Creek (46.488339, -
122.726491); Brights Creek (46.496407, -122.605179); Cedar Creek 
(46.420442, -122.725311); Coon Creek (46.445182, -122.895851); Cougar 
Creek (46.393389, -122.795962); Cowlitz River (46.5031, -122.588332); 
Foster Creek (46.40711, -122.890926); Hopkey Creek (46.459049, -
122.554437); Jones Creek (46.518881, -122.675281); Lacamas Creek 
(46.556204, -122.688969); Little Salmon Creek (46.439872, -122.747395); 
Mill Creek (46.517371, -122.622126); Mill Creek (46.502438, -
122.803167); Otter Creek (46.479854, -122.700841); Pin Creek 
(46.411782, -122.832479); Rapid Creek (46.432098, -122.547553); Skook 
Creek (46.474731, -122.757751); Unnamed Creek (46.515124, -122.681226).
    (iv) North Fork Toutle River Watershed 1708000504. Outlet(s) = 
North Fork Toutle River (Lat 46.371819, Long -122.585848); upstream to 
endpoint(s) in: Unnamed (46.292893, -122.508359); Unnamed (46.294391, -
122.526416); Unnamed (46.317597, -122.321791); Unnamed (46.321385, -
122.488684); Unnamed (46.331761, -122.316562); Bear Creek (46.309744, -
122.430749); Hoffstadt Creek (46.319718, -122.325454).
    (v) Green River Watershed 1708000505. Outlet(s) = North Fork Toutle 
River (Lat 46.366681, Long -122.587092); upstream to endpoint(s) in: 
Unnamed (46.332935, -122.298073); Unnamed (46.33485, -122.279213); 
Unnamed (46.355641, -122.205783); Unnamed (46.359811, -122.326801); 
Unnamed (46.373265, -122.389499); Unnamed (46.38427, -122.434721); 
Unnamed (46.387374, -122.488301); Unnamed (46.402102, -122.555537); 
Unnamed (46.40583, -122.542922); Unnamed (46.408718, -122.507384); 
Unnamed (46.410468, -122.431267); Unnamed (46.412392, -122.451557); 
Unnamed (46.416538, -122.283286); Unnamed (46.42, -122.292272); Unnamed 
(46.422599, -122.304017); Unnamed (46.428205, -122.267496); Beaver 
Creek (46.405735, -122.568826); Cascade Creek (46.417916, -122.331675); 
Devils Creek (46.401481, -122.409722); Elk Creek (46.41719, -
122.250256); Green River (46.394118, -122.205161); Jim Creek 
(46.388361, -122.526853); Miners Creek (46.349143, -122.194242); Shultz 
Creek (46.344058, -122.275039); Tradedollar Creek (46.376142, -
122.23987).
    (vi) South Fork Toutle River Watershed 1708000506. Outlet(s) = 
Toutle River (Lat 46.329223, Long -122.725131); upstream to endpoint(s) 
in: Unnamed (46.185704, -122.299471); Unnamed (46.186193, -122.40715); 
Unnamed (46.188524, -122.445753); Unnamed (46.199665, -122.471338); 
Unnamed (46.201636, -122.296552); Unnamed (46.206594, -122.331284); 
Unnamed (46.21036, -122.431482); Unnamed (46.21081, -122.427763); 
Unnamed (46.210915, -122.428229); Unnamed (46.211429, -122.279573); 
Unnamed (46.215533, -122.347972); Unnamed (46.223287, -122.327701); 
Unnamed (46.223773, -122.524201); Unnamed (46.226916, -122.337898); 
Unnamed (46.227233, -122.373391); Unnamed (46.238958, -122.490827); 
Unnamed (46.243346, -122.38038); Unnamed (46.245202, -122.629903); 
Unnamed (46.258398, -122.534433); Unnamed (46.260587, -122.550523); 
Unnamed (46.261618, -122.571707); Unnamed (46.268347, -122.577391); 
Unnamed (46.287125, -122.685581); Unnamed (46.292576, -122.659948); 
Unnamed (46.295532, -122.596926); Unnamed (46.296678, -122.585207); 
Unnamed (46.297388, -122.614534); Unnamed (46.310391, -122.606122); 
Unnamed (46.311754, -122.626346); Unnamed (46.312178, -122.704274); 
Unnamed (46.321553, -122.649148); Bear Creek (46.187484, -122.431406); 
Big Wolf Creek (46.225469, -122.567295); Brownell Creek (46.280407, -
122.649708); Disappointment Creek (46.213614, -122.309153); Eighteen 
Creek (46.244881, -122.600184); Harrington Creek (46.247692, -
122.419362); Johnson Creek (46.306181, -122.579585); Sheep Canyon 
(46.206343, -122.268258); South Fork Toutle River (46.209387, -
122.263037); Studebaker Creek (46.28238, -122.681733); Thirteen Creek 
(46.237634, -122.624229); Trouble Creek (46.182362, -122.387761); 
Twenty Creek (46.232994, -122.5836); North Fork Toutle River 
(46.328728, -122.722386); Whitten Creek (46.203701, -122.502013).
    (vii) East Willapa Watershed 1708000507. Outlet(s) = Cowlitz River 
(46.265795, -122.915793); upstream to endpoint(s) in: Unnamed 
(46.241179, -122.990022); Unnamed (46.247733, -123.018044); Unnamed 
(46.247998, -122.777916); Unnamed (46.260464, -122.956364); Unnamed 
(46.263008, -123.020122); Unnamed (46.263983, -122.930316); Unnamed 
(46.266093,

[[Page 2756]]

-122.981616); Unnamed (46.27194, -122.770063); Unnamed (46.281159, -
122.760238); Unnamed (46.287658, -122.906283); Unnamed (46.289048, -
122.963514); Unnamed (46.302765, -123.0657); Unnamed (46.307415, -
122.93938); Unnamed (46.313054, -122.816361); Unnamed (46.314382, -
122.943084); Unnamed (46.314535, -123.010247); Unnamed (46.315942, -
122.865345); Unnamed (46.317235, -122.896545); Unnamed (46.319898, -
122.814207); Unnamed (46.320644, -122.892218); Unnamed (46.322067, -
122.814053); Unnamed (46.32332, -122.859461); Unnamed (46.323446, -
122.886965); Unnamed (46.326968, -123.025803); Unnamed (46.328758, -
122.817082); Unnamed (46.329235, -122.909613); Unnamed (46.334118, -
122.817188); Unnamed (46.334241, -123.017807); Unnamed (46.336993, -
122.893299); Unnamed (46.337756, -122.611236); Unnamed (46.337802, -
122.940117); Unnamed (46.339026, -122.940678); Unnamed (46.343885, -
122.762274); Unnamed (46.34681, -122.946071); Unnamed (46.348905, -
122.769029); Unnamed (46.349667, -123.053432); Unnamed (46.350564, -
122.799855); Unnamed (46.358221, -123.038147); Unnamed (46.358277, -
122.791338); Unnamed (46.3604, -122.696281); Unnamed (46.360599, -
122.736153); Unnamed (46.36403, -123.005163); Unnamed (46.36632, -
122.634646); Unnamed (46.366869, -122.89658); Unnamed (46.368123, -
122.894117); Unnamed (46.374172, -122.622494); Unnamed (46.375592, -
123.099965); Unnamed (46.380427, -122.610242); Unnamed (46.38163, -
122.883768); Unnamed (46.38939, -123.065756); Unnamed (46.394019, -
122.98067); Unnamed (46.401297, -123.028366); Unnamed (46.41997, -
123.040973); Unnamed (46.428911, -123.047482); Unnamed (46.43562, -
123.045801); Unnamed (46.437797, -122.999776); Unnamed (46.460336, -
123.01792); Unnamed (46.472152, -122.999706); Unnamed (46.508924, -
122.885928); Unnamed (46.522845, -122.854611); Unnamed (46.534744, -
122.980706); Unnamed (46.537092, -122.823206); Unnamed (46.543646, -
122.855197); Arkansas Creek (46.334118, -123.054814); Baxter Creek 
(46.335963, -122.985106); Becker Creek (46.366541, -123.077711); Brim 
Creek (46.444408, -123.040408); Campbell Creek (46.345799, -
123.069223); Cline Creek (46.339582, -122.856216); Cowlitz River 
(46.367511, -122.934945); Cowlitz River (46.280749, -122.908759); 
Cowlitz River (46.270301, -122.918872); Curtis Creek (46.479675, -
122.978296); Delameter Creek (46.27323, -123.020718); Duffy Creek 
(46.436886, -122.972934); Ferrier Creek (46.469037, -122.92969); 
Hemlock Creek (46.258298, -122.728132); Hill Creek (46.385982, -
122.887561); King Creek (46.528608, -123.017282); Monahan Creek 
(46.304091, -123.062738); North Fork Brim Creek (46.461931, -
123.022977); North Fork Toutle River (46.366681, -122.587092); Olequa 
Creek (46.522827, -122.88994); Owens Creek (46.39917, -123.045965); 
Rock Creek (46.347737, -122.815672); Rock Creek (46.36466, -
122.979025); Snow Creek (46.448627, -122.9822); Stankey Creek 
(46.325726, -122.827854); Stillwater Creek (46.376492, -123.114458); 
Sucker Creek (46.257038, -122.763973); Toutle River (46.329223, -
122.725131); Tucker Creek (46.256345, -123.017401); Whittle Creek 
(46.313257, -122.951576); Unnamed Creek (46.365968, -123.078372); 
Unnamed Creek (46.366574, -122.6278); Unnamed Creek (46.322752, -
122.727564); Unnamed Creek (46.358525, -122.749069); Wyant Creek 
(46.348562, -122.655808).
    (viii) Coweeman Watershed 1708000508. Outlet(s) = Cowlitz River 
(Lat 46.09677, Long -122.917179); Owl Creek (46.076672, -122.869072); 
upstream to endpoint(s) in: Unnamed (46.07177, -122.861942); Unnamed 
(46.080968, -122.726324); Unnamed (46.082482, -122.722033); Unnamed 
(46.08384, -122.719656); Unnamed (46.103901, -122.735682); Unnamed 
(46.11823, -122.725869); Unnamed (46.128746, -122.897993); Unnamed 
(46.133211, -122.702488); Unnamed (46.134412, -122.877742); Unnamed 
(46.134559, -122.874501); Unnamed (46.137294, -122.570127); Unnamed 
(46.140549, -122.616015); Unnamed (46.142157, -122.858404); Unnamed 
(46.142862, -122.813885); Unnamed (46.143869, -122.609969); Unnamed 
(46.147673, -122.866141); Unnamed (46.151541, -122.875978); Unnamed 
(46.157716, -122.6488); Unnamed (46.162608, -122.527406); Unnamed 
(46.164373, -122.573871); Unnamed (46.16697, -122.62965); Unnamed 
(46.169603, -122.912787); Unnamed (46.173346, -122.82947); Unnamed 
(46.174933, -122.844098); Unnamed (46.175151, -122.934081); Unnamed 
(46.175276, -122.532665); Unnamed (46.175583, -122.668586); Unnamed 
(46.180534, -122.898644); Unnamed (46.181396, -122.766774); Unnamed 
(46.183838, -122.820311); Unnamed (46.188804, -122.78364); Unnamed 
(46.193597, -122.911471); Unnamed (46.196887, -122.713022); Unnamed 
(46.20058, -122.827779); Unnamed (46.201892, -122.695345); Unnamed 
(46.202726, -122.560647); Unnamed (46.213243, -122.666442); Unnamed 
(46.217243, -122.951394); Unnamed (46.219673, -122.838549); Unnamed 
(46.220679, -122.889953); Unnamed (46.223168, -122.968869); Unnamed 
(46.226103, -122.771549); Unnamed (46.226208, -122.803239); Unnamed 
(46.237678, -122.887353); Unnamed (46.242901, -122.885918); Baird Creek 
(46.194037, -122.549476); Brown Creek (46.138569, -122.581603); Butler 
Creek (46.148896, -122.518149); Coweeman River (46.150297, -122.51847); 
Cowlitz River (46.265795, -122.915793); Goble Creek (46.109525, -
122.68388); Hill Creek (46.178271, -122.600223); Jim Watson Creek 
(46.177642, -122.74165); Leckler Creek (46.231526, -122.948175); Little 
Baird Creek (46.190281, -122.572141); Mulholland Creek (46.201136, -
122.646167); Nineteen Creek (46.140604, -122.623774); North Fork Goble 
Creek (46.136853, -122.680068); Nye Creek (46.121737, -122.805205); 
Ostrander Creek (46.210956, -122.764306); Owl Creek (46.091102, -
122.865692); Owl Creek (46.076526, -122.861672); Salmon Creek 
(46.254572, -122.885114); Sam Smith Creek (46.165941, -122.725633); 
Sandy Bend Creek (46.231734, -122.915112); Skipper Creek (46.169104, -
122.577264); South Fork Ostrander Creek (46.184505, -122.826132); 
Turner Creek (46.116534, -122.816196).
    (7) Lower Columbia Subbasin 17080006--(i) Youngs River Watershed 
1708000601. Outlet(s) = Lewis and Clark River (Lat 46.157276, Long -
123.8567); Adair Slough (46.164573, -123.890158); Youngs River 
(46.168659, -123.838128); Skipanon Waterway (46.183693, -123.907231); 
Alder Creek (46.183694, -123.923138); upstream to endpoint(s) in: 
Unnamed (45.961144, -123.760693); Unnamed (45.976251, -123.781793); 
Unnamed (45.987168, -123.864135); Unnamed (46.075646, -123.74625); 
Unnamed (46.077196, -123.72534); Unnamed (46.081494, -123.687949); 
Unnamed (46.098839, -123.782036); Unnamed (46.101257, -123.777885); 
Unnamed (46.101582, -123.791448); Unnamed (46.104561, -123.790689); 
Unnamed (46.105278, -123.778981); Unnamed (46.115179, -123.862193); 
Unnamed (46.11823, -123.798015); Unnamed (46.125146, -123.900778); 
Unnamed (46.133731, -123.821982); Unnamed (46.155148, -123.772037); 
Unnamed (46.163155, -123.798112); Abercrombie Creek (46.087084, -
123.88937); Adair Slough (46.153356, -123.897783); Alder Creek 
(46.171207, -123.933132); Barrett Slough (46.12204, -123.85348); Binder 
Creek (46.142527, -123.821985); Binder Slough (46.121358, -123.819543); 
Brown

[[Page 2757]]

Creek (46.172014, -123.806343); Casey Slough (46.115066, -123.815982); 
Cullaby Slough (46.022576, -123.880488); Green Slough (46.124806, -
123.869053); Heckard Creek (46.057636, -123.87837); Hortill Creek 
(46.053191, -123.82798); Jeffers Slough (46.14965, -123.85163); Johnson 
Slough (46.071237, -123.882259); Klickitat Creek (46.045225, -
123.835081); Lewis and Clark River (45.953527, -123.731398); Little 
Wallooskee River (46.140199, -123.737638); Loowit Creek (46.027001, -
123.844093); Middle Fork North Fork Klaskanine River (46.061237, -
123.638614); Moosmoos Creek (46.074807, -123.777539); North Fork 
Klaskanine River (46.048838, -123.636273); North Fork North Fork 
Klaskanine River (46.097739, -123.674883); Peterson Slough (46.10793, -
123.85242); Shweeash Creek (46.019839, -123.839507); South Fork 
Klaskanine River (46.065177, -123.731988); Speelyai Creek (46.032437, -
123.83321); Stowebolt Creek (46.060439, -123.825132); Tucker Creek 
(46.075512, -123.824939); Wallooskee River (46.104416, -123.699695); 
Youngs River (46.065871, -123.791772).
    (ii) Big Creek Watershed 1708000602. Outlet(s) = Hillcrest Creek 
(Lat 46.171377, Long -123.655493); Bear Creek (46.1716, -123.665605); 
Marys Creek (46.173116, -123.668452); Fertile Valley Creek (46.188744, 
-123.588332); Blind Slough (46.20114, -123.584906); Big Creek 
(46.184561, -123.596303); John Day River (46.181573, -123.7404); Mill 
Creek (46.19298, -123.759637); upstream to endpoint(s) in: Unnamed 
(46.067847, -123.49896); Unnamed (46.155656, -123.731589); Unnamed 
(46.176667, -123.477624); Unnamed (46.180584, -123.796858); Unnamed 
(46.199516, -123.501455); Unnamed (46.211835, -123.534242); Unnamed 
(46.213817, -123.557667); Unnamed (46.219749, -123.496059); Bear Creek 
(46.122269, -123.636516); Big Creek (46.068744, -123.477937); Big Noise 
Creek (46.160378, -123.50188); Blind Slough (46.230154, -123.5256); 
Coon Creek (46.072977, -123.551698); Davis Creek (46.193487, -
123.48968); Elk Creek (46.057446, -123.531954); Fertile Valley Creek 
(46.180229, -123.574191); McNary Creek (46.131584, -123.45871); Grizzly 
Slough (46.209179, -123.551962); Hillcrest Creek (46.155615, -
123.633555); John Day River (46.151824, -123.718295); Gnat Creek 
(46.134382, -123.492375); Little Bear Creek (46.11197, -123.661934); 
Little Creek (46.138483, -123.606302); Marys Creek (46.136519, -
123.685932); Mill Creek (46.143237, -123.582679); Mud Creek (46.089977, 
-123.55188); Pigpen Creek (46.102416, -123.559042); Saspal Slough 
(46.213023, -123.5376); Supply Creek (46.163644, -123.538404).
    (iii) Grays Bay Watershed 1708000603. Outlet(s) = Unnamed (Lat 
46.242128, Long -123.884815); Unnamed (46.242369, -123.889547); Unnamed 
(46.246062, -123.909891); Unnamed (46.249228, -123.863946); Unnamed 
(46.259183, -123.852059); Unnamed (46.260409, -123.850081); Unnamed 
(46.261711, -123.842086); Unnamed (46.269817, -123.830183); Crooked 
Creek (46.296355, -123.677056); Sisson Creek (46.301761, -123.72555); 
Chinook River (46.303571, -123.968574); Grays River (46.306824, -
123.685025); Deep River (46.310771, -123.714286); Wallacut River 
(46.315209, -124.020283); upstream to endpoint(s) in: Unnamed 
(46.252832, -123.906587); Unnamed (46.255601, -123.883337); Unnamed 
(46.257057, -123.892766); Unnamed (46.261834, -123.877718); Unnamed 
(46.26971, -123.872478); Unnamed (46.272099, -123.863261); Unnamed 
(46.272788, -123.855154); Unnamed (46.273099, -123.847441); Unnamed 
(46.273923, -123.833921); Unnamed (46.27462, -123.841297); Unnamed 
(46.282558, -123.76132); Unnamed (46.289926, -123.938085); Unnamed 
(46.296119, -123.751262); Unnamed (46.305607, -123.945919); Unnamed 
(46.320823, -123.638104); Unnamed (46.332306, -123.674913); Unnamed 
(46.349054, -123.563997); Unnamed (46.362133, -123.397387); Unnamed 
(46.367197, -123.661101); Unnamed (46.370018, -123.661652); Unnamed 
(46.383643, -123.54663); Unnamed (46.3861, -123.399009); Unnamed 
(46.389563, -123.443531); Unnamed (46.398896, -123.603127); Unnamed 
(46.409223, -123.563384); Unnamed (46.40988, -123.591182); Unnamed 
(46.414991, -123.598881); Unnamed (46.419132, -123.377411); Unnamed 
(46.4231, -123.465561); Unnamed (46.427724, -123.449351); Unnamed 
(46.428912, -123.389161); Unnamed (46.429717, -123.393596); Unnamed 
(46.429964, -123.55265); Unnamed (46.432969, -123.434984); Unnamed 
(46.435352, -123.530908); Unnamed (46.440181, -123.389495); Unnamed 
(46.440236, -123.539966); Unnamed (46.445599, -123.389398); Unnamed 
(46.453434, -123.501054); Unnamed (46.466604, -123.486435); Unnamed 
(46.472739, -123.394404); Unnamed (46.478038, -123.431439); Beaver 
Creek (46.401593, -123.550548); Blaney Creek (46.403572, -123.442837); 
Cabin Creek (46.44222, -123.485741); Campbell Creek (46.358257, -
123.709343); Chinook River (46.274479, -123.902553); Crooked Creek 
(46.313288, -123.59644); Deep River (46.354054, -123.688621); East Fork 
Grays River (46.42414, -123.36983); Empi Creek (46.31383, -123.638514); 
Fossil Creek (46.354523, -123.484306); Grays River (46.491024, -
123.4354); Hendrickson Canyon (46.373524, -123.664774); Hendrickson 
Creek (46.361368, -123.655366); Honey Creek (46.375646, -123.603913); 
Hull Creek (46.405494, -123.57846); Impie Creek (46.318309, -
123.617177); Johnson Creek (46.463847, -123.502087); Kessel Creek 
(46.33321, -123.586047); King Creek (46.34008, -123.577604); Klints 
Creek (46.352885, -123.546067); Lassila Creek (46.330703, -123.717849); 
Malone Creek (46.362725, -123.638537); Mitchell Creek (46.457074, -
123.405992); North Fork South Fork Crooked Creek (46.302415, -
123.588653); Rangila Slough (46.379454, -123.663919); Salme Creek 
(46.345311, -123.727176); Seal Creek (46.330013, -123.666112); Shannon 
Creek (46.397758, -123.544779); Silver Creek (46.361718, -123.606566); 
Sisson Creek (46.326508, -123.744171); South Creek (46.298871, -
123.634124); South Fork Crooked Creek (46.291379, -123.594068); South 
Fork Grays River (46.378555, -123.338976); Sweigiler Creek (46.421912, 
-123.519244); Thadbar Creek (46.338413, -123.617861); Wallacut River 
(46.320188, -124.009121); West Fork Grays River (46.45098, -123.56517); 
Unnamed Creek (46.30366, -123.59053).
    (8) Clackamas Subbasin 17090011--(i) Collawash River Watershed 
1709001101. Outlet(s) = Collowash River (Lat 45.032022, Long -
122.061189); upstream to endpoint(s) in: Collawash River (44.950761, -
122.036265); Fan Creek (44.990371, -122.070099); Farm Creek (44.964523, 
-122.056455); Hot Springs Fork (44.938225, -122.172924); Nohorn Creek 
(44.951768, -122.178914); Pansy Creek (44.961276, -122.142173); Thunder 
Creek (44.971026, -122.114357).
    (ii) Upper Clackamas River Watershed 1709001102. Outlet(s) = 
Clackamas River (Lat 45.032073, Long -122.060326); upstream to 
endpoint(s) in: Unnamed (44.921586, -121.891779); Unnamed (44.946758, -
121.870376); Unnamed (44.965941, -121.890584); Unnamed (44.984829, -
121.88591); Unnamed (45.00955, -121.913461); Unnamed (45.009742, -
121.911448); Berry Creek (44.842515, -121.913476); Clackamas River 
(44.872157, -121.84842); Cub Creek (44.840609, -121.886756); Fawn Creek 
(44.918888, -121.906568); Hunter Creek (44.892373, -121.929425); Kansas 
Creek (44.983299, -121.898876); Last Creek (44.971428,

[[Page 2758]]

-121.855763); Lowe Creek (44.950581, -121.911761); Pinhead Creek 
(44.941643, -121.837499); Pot Creek (45.018321, -121.903626); 
Rhododendron Creek (44.935961, -121.905497); Wall Creek (44.954634, -
121.88565); Wolf Creek (45.009327, -121.896447); Unnamed Creek 
(44.939221, -121.896788).
    (iii) Oak Grove Fork Clackamas River Watershed 1709001103. 
Outlet(s) = Oak Grove Fork Clackamas River (Lat 45.074631, Long -
122.053402); upstream to endpoint(s) in: Oak Grove Fork Clackamas River 
(45.082079, -121.987346); Pint Creek (45.083562, -122.037835).
    (iv) Middle Clackamas River Watershed 1709001104. Outlet(s) = 
Clackamas River (Lat 45.243027, Long -122.28019); upstream to 
endpoint(s) in: Big Creek (45.071509, -122.07317); Clackamas River 
(45.032073, -122.060326); Fish Creek (45.067042, -122.165433); North 
Fork Clackamas River (45.239994, -122.223929); Oak Grove Fork Clackamas 
River (45.074631, -122.053402); Mag Creek (45.058467, -122.049959); 
Roaring River (45.1771, -122.066074); Sandstone Creek (45.088154, -
122.075766); South Fork Clackamas River (45.193817, -122.226266); Tag 
Creek (45.060352, -122.048674); Tar Creek (45.049246, -122.058186); 
Trout Creek (45.037826, -122.073273); Wash Creek (45.047152, -
122.190238); Whale Creek (45.110262, -122.085444).
    (v) Eagle Creek Watershed 1709001105. Outlet(s) = Eagle Creek (Lat 
45.353023, Long -122.38235); upstream to endpoint(s) in: Unnamed 
(45.306541, -122.253481); Bear Creek (45.333888, -122.257969); Currin 
Creek (45.337212, -122.357579); Delph Creek (45.266726, -122.169986); 
Eagle Creek (45.276382, -122.200963); Little Eagle Creek (45.301454, -
122.167019); North Fork Eagle Creek (45.315132, -122.116618); Trout 
Creek (45.330806, -122.124752).
    (vi) Lower Clackamas River Watershed 1709001106. Outlet(s) = 
Clackamas River (Lat 45.372568, Long -122.607652); upstream to 
endpoint(s) in: Unnamed (45.258538, -122.299446); Unnamed (45.350086, -
122.487187); Unnamed (45.367637, -122.306895); Unnamed (45.377873, -
122.36847); Unnamed (45.405591, -122.323467); Unnamed (45.411148, -
122.302642); Bargfeld Creek (45.319393, -122.440978); Clackamas River 
(45.243027, -122.28019); Clear Creek (45.204742, -122.332063); Deep 
Creek (45.341779, -122.281223); Foster Creek (45.377099, -122.440414); 
Goose Creek (45.361912, -122.356092); Little Clear Creek (45.194779, -
122.32996); Little Clear Creek (45.279953, -122.406729); Mosier Creek 
(45.268224, -122.452581); North Fork Deep Creek (45.426893, -
122.304417); Richardson Creek (45.409345, -122.450358); Rock Creek 
(45.41554, -122.502566); Tickle Creek (45.391446, -122.27456).
    (9) Lower Willamette Subbasin 17090012--(i) Johnson Creek Watershed 
1709001201. Outlet(s) = Johnson Creek (Lat 45.443607, Long -
122.646568); upstream to endpoint(s) in: Unnamed (45.395793, -
122.637786); Unnamed (45.479793, -122.637275); Crystal Springs Creek 
(45.481991, -122.636282); Johnson Creek (45.460935, -122.344466); 
Kellogg Creek (45.416585, -122.599025); Kelly Creek (45.467217, -
122.484045); Mount Scott Creek (45.430427, -122.557033); Oswego Creek 
(45.410712, -122.662215); Tryon Creek (45.447026, -122.687232); 
Willamette River (45.372568, -122.607652)).
    (ii) Scappoose Creek Watershed 1709001202. Outlet(s) = Multnomah 
Channel (Lat 45.618917, Long -122.796356); Multnomah Channel 
(45.856115, -122.795022); upstream to endpoint(s) in: Brush Creek 
(45.811623, -122.98903); Cox Creek (45.857229, -122.945231); Dart Creek 
(45.880546, -122.886563); Deep Creek (45.789148, -122.918002); Fall 
Creek (45.80123, -122.93963); Gourlay Creek (45.728432, -122.95866); 
Lazy Creek (45.745352, -122.992007); Lizzie Creek (45.824543, -
122.994287); McCarthy Creek (45.641171, -122.859938); McNulty Creek 
(45.836482, -122.859642); Milton Creek (45.910301, -122.975949); North 
Scappoose Creek (45.826402, -123.0147); Raymond Creek (45.72705, -
122.929237); Salmon Creek (45.867532, -122.901361); South Scappoose 
Creek (45.76167, -123.011604); Sturgeon Lake (45.72323, -122.79232); 
Sturgeon Lake (45.749815, -122.802752); Sturgeon Lake (45.725503, -
122.830343).
    (iii) Columbia Slough/Willamette River Watershed 1709001203. 
Outlet(s) = Willamette River (Lat 45.653521, Long -122.764965); 
upstream to endpoint(s) in: Swan Island Basin (45.565019, -122.713073); 
Columbia Slough (45.607691, -122.745914); Unnamed (45.615235, -
122.740691); Unnamed (45.627985, -122.754739); Willamette River 
(45.443607, -122.646568).
    (10) Lower Columbia River Corridor--Lower Columbia River Corridor. 
Outlet(s) = Columbia River (Lat 46.2485, Long -124.0782) upstream to 
endpoint(s) in: Columbia River (Lat 45.605237, Long -121.633264).
    (11) Maps of critical habitat for the lower Columbia River coho 
salmon DPS follow:
BILLING CODE 3510-22-P

[[Page 2759]]

[GRAPHIC] [TIFF OMITTED] TP14JA13.000


[[Page 2760]]


[GRAPHIC] [TIFF OMITTED] TP14JA13.001


[[Page 2761]]


[GRAPHIC] [TIFF OMITTED] TP14JA13.002


[[Page 2762]]


[GRAPHIC] [TIFF OMITTED] TP14JA13.003


[[Page 2763]]


[GRAPHIC] [TIFF OMITTED] TP14JA13.004


[[Page 2764]]


[GRAPHIC] [TIFF OMITTED] TP14JA13.005


[[Page 2765]]


[GRAPHIC] [TIFF OMITTED] TP14JA13.006


[[Page 2766]]


[GRAPHIC] [TIFF OMITTED] TP14JA13.007


[[Page 2767]]


[GRAPHIC] [TIFF OMITTED] TP14JA13.008


[[Page 2768]]


[GRAPHIC] [TIFF OMITTED] TP14JA13.009


[[Page 2769]]


[GRAPHIC] [TIFF OMITTED] TP14JA13.010

BILLING CODE 3510-22-C
    (u) Puget Sound Steelhead (Oncorhynchus mykiss). Critical habitat 
is designated to include the areas defined in the following subbasins:

[[Page 2770]]

    (1) Strait Of Georgia Subbasin 17110002--(i) Bellingham Bay 
1711000201. Outlet(s) = Chuckanut Creek (Lat 48.700204, Long -
122.4949); Padden Creek (48.720212, -122.507267); Squalicum Creek 
(48.761135, -122.508464); Whatcom Creek (48.754617, -122.482672); 
upstream to endpoint(s) in: Chuckanut Creek (48.695855, -122.459009); 
Padden Creek (48.716119, -122.492112); Squalicum Creek (48.800413, -
122.401884); Toad Creek (48.790221, -122.420404); Unnamed (48.694566, -
122.460342); Unnamed (48.749891, -122.443697); Unnamed (48.776621, -
122.485934); Unnamed (48.798187, -122.478488); Unnamed (48.804196, -
122.480665); Unnamed (48.808622, -122.395832); Unnamed (48.81125, -
122.390305); Unnamed (48.818485, -122.394634); Whatcom Creek 
(48.755728, -122.439609).
    (ii) Samish River Watershed 1711000202. Outlet(s) = Samish River 
(Lat 48.554929, Long -122.456811); upstream to endpoint(s) in: Bear 
Creek (48.637599, -122.376587); Butler Creek (48.604896, -122.321047); 
Doolittle Creek (48.636011, -122.217771); Dry Creek (48.59728, -
122.276992); Ennis Creek (48.656411, -122.192383); Friday Creek 
(48.648567, -122.371833); Parson Creek (48.601221, -122.282987); Silver 
Creek (48.64571, -122.329513); Swede Creek (48.558933, -122.226206); 
Thomas Creek (48.547551, -122.26923); Thunder Creek (48.597861, -
122.214046); Unnamed (48.547031, -122.265845); Unnamed (48.601928, -
122.266484); Unnamed (48.60898, -122.23177); Unnamed (48.624483, -
122.220011); Unnamed (48.635349, -122.312454); Unnamed (48.684736, -
122.198027); Vernon Creek (48.592764, -122.243096).
    (iii) Birch Bay 1711000204. Outlet(s) = California Creek (Lat 
48.96192, Long -122.732814); Dakota Creek (48.971842, -122.723798); 
Terrell Creek (48.921475, -122.745208); Unnamed (48.937195, -
122.752893); upstream to endpoint(s) in: California Creek (48.894356, -
122.608319); Haynie Creek (48.991982, -122.649909); North Fork Dakota 
Creek (48.984477, -122.568636); South Fork Dakota Creek (48.946745, -
122.620945); Terrell Creek (48.873999, -122.688964); Unnamed (48.89583, 
-122.753422); Unnamed (48.937989, -122.750521); Unnamed (48.973734, -
122.66835); Unnamed (48.978003, -122.695909); Unnamed (48.980675, -
122.707693).
    (2) Nooksack Subbasin 17110004--(i) Upper North Fork Nooksack River 
Watershed 1711000401. Outlet(s) = Canyon Creek (Lat 48.90661, Long -
121.989864); North Fork Nooksack River (48.90561, -121.987814); 
upstream to endpoint(s) in: Canyon Creek (48.965226, -121.876396); 
Cascade Creek (48.898964, -121.863499); Cornell Creek (48.87524, -
121.956735); Deadhorse Creek (48.902507, -121.837147); Gallop Creek 
(48.864748, -121.950975); Glacier Creek (48.841264, -121.903083); 
Hedrick Creek (48.89601, -121.971728); North Fork Nooksack River 
(48.905296, -121.8089); Thompson Creek (48.890132, -121.878197); West 
Cornell Creek (48.856057, -121.988578).
    (ii) Middle Fork Nooksack River Watershed 1711000402. Outlet(s) = 
Canyon Creek (Lat 48.835008, Long -122.153051); Middle Fork Nooksack 
River (48.833037, -122.153128); upstream to endpoint(s) in: Canyon 
Creek (48.841923, -122.103727); Heislers Creek (48.778707, -
122.092743); Middle Fork Nooksack River (48.771145, -122.072977); 
Porter Creek (48.794092, -122.103694); Unnamed (48.779218, -
122.121048); Unnamed (48.780767, -122.116975); Unnamed (48.787472, -
122.12477); Unnamed (48.820768, -122.122144).
    (iii) South Fork Nooksack River Watershed 1711000403. Outlet(s) = 
South Fork Nooksack River (Lat 48.807821, Long -122.20252); upstream to 
endpoint(s) in: Bell Creek (48.69622, -121.87518); Cavanaugh Creek 
(48.638874, -122.057619); Deer Creek (48.603978, -122.092479); Hard 
Scrabble Falls Creek (48.759936, -122.22864); Howard Creek (48.612814, 
-121.966548); Hutchinson Creek (48.722661, -122.098154); Jones Creek 
(48.715065, -122.215748); Loomis Creek (48.665079, -121.815934); 
Mccarty Creek (48.727377, -122.219879); Mcginnis Creek (48.61109, -
121.958839); Plumbago Creek (48.6042, -122.106088); Skookum Creek 
(48.68695, -122.104163); Standard Creek (48.74615, -122.224446); 
Sygitowicz Creek (48.772017, -122.228041); Unnamed (48.600525, -
122.039331); Unnamed (48.600658, -122.022203); Unnamed (48.60222, -
122.059486); Unnamed (48.602513, -122.016247); Unnamed (48.602549, -
122.004019); Unnamed (48.604219, -121.992247); Unnamed (48.604523, -
121.915611); Unnamed (48.60642, -121.930219); Unnamed (48.607985, -
121.918823); Unnamed (48.608266, -121.911587); Unnamed (48.609571, -
121.982189); Unnamed (48.61019, -121.954851); Unnamed (48.630045, -
122.118545); Unnamed (48.661705, -122.11915); Unnamed (48.679949, -
121.933538); Unnamed (48.681, -122.176044); Unnamed (48.687907, -
122.159547); Unnamed (48.69125, -121.932816); Unnamed (48.698785, -
121.912135); Unnamed (48.700841, -121.880954); Unnamed (48.70222, -
122.109268); Unnamed (48.725471, -122.168225); Unnamed (48.738227, -
122.105899); Unnamed (48.745076, -122.11099); Unnamed (48.776775, -
122.221381); Unnamed (48.78219, -122.218602); Unnamed (48.799589, -
122.186071); Wanlick Creek (48.66309, -121.801322).
    (iv) Lower North Fork Nooksack River Watershed 1711000404. 
Outlet(s) = Anderson Creek (Lat 48.866658, Long -122.324286); Nooksack 
River (48.869803, -122.319417); upstream to endpoint(s) in: Anderson 
Creek (48.797051, -122.32598); Bell Creek (48.849394, -122.163142); 
Boulder Creek (48.936973, -122.02081); Canyon Creek (48.90661, -
121.989864); Coal Creek (48.890899, -122.15529); Kendall Creek 
(48.941107, -122.133842); Kenney Creek (48.851169, -122.11389); Maple 
Creek (48.926054, -122.07647); Mitchell Creek (48.831119, -122.218653); 
North Fork Nooksack River (48.90561, -121.987814); Racehorse Creek 
(48.881706, -122.128437); Smith Creek (48.843717, -122.255666); South 
Fork Nooksack River (48.807821, -122.20252); Unnamed (48.809155, -
122.328886); Unnamed (48.816885, -122.229843); Unnamed (48.830856, -
122.173308); Unnamed (48.834543, -122.153069); Unnamed (48.843097, -
122.158088); Unnamed (48.850754, -122.120796); Unnamed (48.899154, -
122.092519); Unnamed (48.901819, -122.078973); Unnamed (48.902047, -
122.083185); Unnamed (48.911444, -122.01855); Unnamed (48.912051, -
122.063062); Unnamed (48.913227, -122.036411); Unnamed (48.916696, -
122.103739); Wildcat Creek (48.896003, -122.005239).
    (v) Nooksack River Watershed 1711000405. Outlet(s) = Nooksack River 
(Lat 48.773567, Long -122.599888); Silver Creek (48.780374, -
122.56738); upstream to endpoint(s) in: Anderson Creek (48.866658, -
122.324286); Bertrand Creek (49.000000, -122.524755); Fishtrap Creek 
(49.000000, -122.406584); Fourmile Creek (48.888842, -122.422525); 
Mormon Ditch (48.943782, -122.382402); Nooksack River (48.869803, -
122.319417); Pepin Creek (49.000000, -122.473673); Stickney Slough 
(48.971492, -122.390969); Tenmile Creek (48.841838, -122.377054); 
Unnamed (48.840108, -122.411055); Unnamed (48.849253, -122.431795); 
Unnamed (48.854029, -122.477112); Unnamed (48.854666, -122.439035); 
Unnamed (48.870978, -122.599973); Unnamed (48.896998, -122.339775); 
Unnamed (48.913285, -122.364233); Unnamed (48.926314, -122.591314); 
Unnamed (48.967318, -122.524502); Unnamed (48.998264, -122.501263); 
Unnamed (49.000000, -122.474268).

[[Page 2771]]

    (3) Upper Skagit Subbasin 17110005--(i) Skagit River/Gorge Lake 
Watershed 1711000504. Outlet(s) = Goodell Creek (Lat 48.674399, Long -
121.26504); Skagit River (48.672375, -121.262508); upstream to 
endpoint(s) in: Goodell Creek (48.729929, -121.314); Newhalem Creek 
(48.664832, -121.255072); Skagit River (48.676125, -121.241661).
    (ii) Skagit River/Diobsud Creek Watershed 1711000505. Outlet(s) = 
Skagit River (48.522186, -121.431634); upstream to endpoint(s) in: Alma 
Creek (48.599105, -121.36141); Bacon Creek (48.675306, -121.453097); 
Copper Creek (48.588469, -121.370907); Damnation Creek (48.627647, -
121.339559); Diobsud Creek (48.583981, -121.441197); East Fork Bacon 
Creek (48.669034, -121.430334); Falls Creek (48.633251, -121.427043); 
Oakes Creek (48.619075, -121.412357); Skagit River (48.672375, -
121.262508); Thorton Creek (48.649594, -121.307697); Unnamed 
(48.550953, -121.419261); Unnamed (48.627482, -121.324941); Unnamed 
(48.630803, -121.424055); Unnamed (48.652391, -121.297267); Unnamed 
(48.65642, -121.293119); Unnamed (48.657949, -121.279141); Unnamed 
(48.659526, -121.281845); Unnamed (48.659652, -121.284867).
    (iii) Cascade River Watershed 1711000506. Outlet(s) = Cascade River 
(Lat 48.52147, Long -121.431469); upstream to endpoint(s) in: Boulder 
Creek (48.511828, -121.363515); Cascade River (48.422406, -121.124592); 
Clark Creek (48.519616, -121.404247); Found Creek (48.481464, -
121.244895); Jordan Creek (48.479149, -121.396302); Kindy Creek 
(48.40346, -121.19997); North Fork Cascade River (48.46574, -
121.165301); Sibley Creek (48.511764, -121.255306); Unnamed (48.516916, 
-121.369934); Unnamed (48.519853, -121.355352); Unnamed (48.522841, -
121.416253); Unnamed (48.540716, -121.187277).
    (iv) Skagit River/illabot Creek Watershed 1711000507. Outlet(s) = 
Skagit River (Lat 48.533888, Long -121.736697); upstream to endpoint(s) 
in: Aldon Creek (48.490787, -121.655981); Barr Creek (48.494766, -
121.553562); Cascade River (48.52147, -121.431469); Corkindale Creek 
(48.523793, -121.481226); Illabot Creek (48.420072, -121.375128); 
Jackman Creek (48.52921, -121.696976); Mcleod Slough (48.478113, -
121.628016); Miller Creek (48.483633, -121.657553); Olson Creek 
(48.554876, -121.448159); Rocky Creek (48.507094, -121.497771); Sauk 
River (48.48173, -121.607129); Skagit River (48.522186, -121.431634); 
Sutter Creek (48.495127, -121.549745); Unnamed (48.471463, -
121.542227); Unnamed (48.485698, -121.594461); Unnamed (48.487325, -
121.545692); Unnamed (48.487425, -121.533453); Unnamed (48.501107, -
121.661145).
    (v) Baker River Watershed 1711000508. Outlet(s) = Baker River (Lat 
48.533879, Long -121.736713); upstream to endpoint(s) in: Baker River 
(48.820068, -121.428469); Bald Eagle Creek (48.786682, -121.426929); 
Blum Creek (48.753095, -121.54535); Little Sandy Creek (48.704049, -
121.698077); Morovitz Creek (48.745746, -121.677314); Park Creek 
(48.74079, -121.681977); Pass Creek (48.814934, -121.463275); Rocky 
Creek (48.645389, -121.707383); Skagit River (48.533888, -121.736697); 
Swift Creek (48.753261, -121.65719); Unnamed (48.734467, -121.636766).
    (4) Sauk Subbasin 17110006--(i) Upper Sauk River Watershed 
1711000601. Outlet(s) = Sauk River (Lat 48.173216, Long -121.472863); 
upstream to endpoint(s) in: Bedal Creek (48.079796, -121.392862); Black 
Oak Creek (48.178866, -121.45057); Camp Creek (48.150358, -121.280495); 
Chocwich Creek (48.072804, -121.399295); Crystal Creek (48.182984, -
121.360841); Dead Duck Creek (48.179803, -121.373501); Elliott Creek 
(48.055379, -121.415773); Falls Creek (48.136819, -121.432256); Martin 
Creek (48.091595, -121.402576); North Fork Sauk River (48.096, -
121.372171); Owl Creek (48.162177, -121.295991); Peek-A-Boo Creek 
(48.149748, -121.441535); South Fork Sauk River (47.986322, -
121.393336); Stujack Creek (48.176825, -121.392682); Swift Creek 
(48.099536, -121.40116); Unnamed (48.117404, -121.416221); Unnamed 
(48.164324, -121.447051); Unnamed (48.165143, -121.33003); Weden Creek 
(47.986316, -121.44378); White Chuck River (48.09948, -121.182565).
    (ii) Upper Suiattle River Watershed 1711000602. Outlet(s) = 
Suiattle River (48.258351, -121.224572); upstream to endpoint(s) in: 
Downey Creek (48.28262, -121.209548); Suiattle River (48.210571, -
121.088734); Sulphur Creek (48.256889, -121.174591).
    (iii) Lower Suiattle River Watershed 1711000603. Outlet(s) = 
Suiattle River (Lat 48.335583, Long -121.547106); upstream to 
endpoint(s) in: All Creek (48.288401, -121.429156); Big Creek 
(48.343084, -121.441273); Black Creek (48.258382, -121.402801); Buck 
Creek (48.275388, -121.327822); Captain Creek (48.258384, -121.276479); 
Circle Creek (48.257783, -121.339964); Conrad Creek (48.276814, -
121.414421); Harriet Creek (48.24803, -121.30351); Lime Creek 
(48.244288, -121.294507); Suiattle River (48.258351, -121.224572); 
Tenas Creek (48.336889, -121.431586); Unnamed (48.268285, -121.347595); 
Unnamed (48.2897, -121.432205); Unnamed (48.295835, -121.432122); 
Unnamed (48.303544, -121.423863).
    (iv) Lower Sauk River Watershed 1711000604. Outlet(s) = Mcleod 
Slough (Lat 48.478113, Long -121.628016); Sauk River (48.48173, -
121.607129); upstream to endpoint(s) in: Clear Creek (48.202408, -
121.569295); Dan Creek (48.265631, -121.540646); Dutch Creek 
(48.179125, -121.486809); Everett Creek (48.283836, -121.526243); 
Goodman Creek (48.185225, -121.499311); Hilt Creek (48.440932, -
121.573433); Murphy Creek (48.183863, -121.523654); Rinker Creek 
(48.395207, -121.583449); Sauk River (48.173216, -121.472863); Suiattle 
River (48.335583, -121.547106); Unnamed (48.235207, -121.590179); 
Unnamed (48.282638, -121.530751); Unnamed (48.286653, -121.524888); 
Unnamed (48.305253, -121.545097); Unnamed (48.439232, -121.616077); 
White Creek (48.403202, -121.537828).
    (5) Lower Skagit Subbasin 17110007--(i) Middle Skagit River/Finney 
Creek Watershed 1711000701. Outlet(s) = Skagit River (Lat 48.488951, 
Long -122.217614); upstream to endpoint(s) in: Alder Creek (48.552575, 
-121.932183); Boyd Creek (48.504855, -121.892273); Childs Creek 
(48.536412, -122.080267); Coal Creek (48.533942, -122.153196); 
Cumberland Creek (48.510468, -121.993332); Day Creek (48.406901, -
121.97766); Finney Creek (48.465302, -121.687051); Gilligan Creek 
(48.48009, -122.130644); Grandy Creek (48.561171, -121.818094); Hansen 
Creek (48.559859, -122.208046); Jones Creek (48.558032, -122.046527); 
Loretta Creek (48.492814, -122.018527); Marietta Creek (48.511246, -
121.930245); Mill Creek (48.500192, -121.873597); Muddy Creek 
(48.545767, -121.985109); O Toole Creek (48.508466, -121.919329); 
Pressentin Creek (48.509721, -121.846156); Quartz Creek (48.50301, -
121.788233); Red Cabin Creek (48.552388, -122.016014); Skagit River 
(48.533385, -121.737928); Sorenson Creek (48.488763, -122.104541); 
Unnamed (48.480893, -122.141637); Unnamed (48.489945, -122.098925); 
Unnamed (48.495815, -121.753486); Unnamed (48.506371, -122.061784); 
Unnamed (48.509168, -122.104561); Unnamed (48.514861, -122.118166); 
Unnamed (48.528239, -122.166675); Unnamed (48.528601, -122.102507); 
Unnamed (48.535185, -122.087068); Unnamed (48.536394, -122.085423); 
Unnamed (48.537986, -122.186437); Unnamed (48.542105, -122.059915); 
Unnamed (48.547274, -122.185153); Unnamed (48.547956, -122.187094); 
Unnamed (48.548129, -121.954555);

[[Page 2772]]

Unnamed (48.550762, -122.195456); Unnamed (48.552902, -121.959069); 
Unnamed (48.558115, -122.198368); Unnamed (48.558227, -121.99464); 
Unnamed (48.561171, -121.818094); Unnamed (48.562984, -121.811731); 
Unnamed (48.55177, -122.204332); Wiseman Creek (48.532064, -
122.135004).
    (ii) Lower Skagit River/Nookachamps Creek Watershed 1711000702. 
Outlet(s) = Freshwater Slough (Lat 48.310713, Long -122.389592); North 
Fork Skagit River (48.362362, -122.470128); South Fork Skagit River 
(48.291833, -122.368233); upstream to endpoint(s) in: Britt Slough 
(48.393312, -122.358366); Carpenter Creek (48.394245, -122.277339); 
East Fork Nookachamps Creek (48.404247, -122.180275); Fisher Creek 
(48.30521, -122.296248); Lake Creek (48.324016, -122.224344); Skagit 
River (48.488951, -122.217614); Turner Creek (48.447398, -122.195845); 
Unnamed (48.358837, -122.422683); Unnamed (48.366754, -122.41293); 
Unnamed (48.43207, -122.314617); Unnamed (48.380192, -122.17967); 
Walker Creek (48.375354, -122.176074).
    (6) Stillaguamish Subbasin 17110008--(i) North Fork Stillaguamish 
River Watershed 1711000801. Outlet(s) = North Fork Stillaguamish River 
(Lat 48.203615, Long -122.126717); upstream to endpoint(s) in: Boulder 
River (48.245122, -121.828242); Brooks Creek (48.289564, -121.906883); 
Deer Creek (48.364935, -121.794539); Deforest Creek (48.393279, -
121.853014); Dicks Creek (48.300579, -121.836549); French Creek 
(48.239427, -121.774131); Fry Creek (48.256369, -121.897103); Furland 
Creek (48.25189, -121.699139); Grant Creek (48.295612, -122.031716); 
Hell Creek (48.252119, -121.964447); Higgins Creek (48.329407, -
121.791932); Little Deer Creek (48.431748, -121.938181); Montague Creek 
(48.250887, -121.867164); Moose Creek (48.253373, -121.710713); North 
Fork Stillaguamish River (48.296662, -121.636091); Rick Creek 
(48.349662, -121.899994); Rock Creek (48.272543, -122.09922); Rollins 
Creek (48.292951, -121.851904); Segelsen Creek (48.301774, -
121.705063); Snow Gulch (48.241837, -121.688972); Squire Creek 
(48.201836, -121.630783); Unnamed (48.225817, -122.090659); Unnamed 
(48.23139, -122.079834); Unnamed (48.236267, -121.625132); Unnamed 
(48.236753, -122.051497); Unnamed (48.243945, -121.64302); Unnamed 
(48.24766, -122.036676); Unnamed (48.252573, -122.029955); Unnamed 
(48.255611, -121.714995); Unnamed (48.256057, -122.095346); Unnamed 
(48.256367, -121.939918); Unnamed (48.256695, -122.025848); Unnamed 
(48.257104, -121.90825); Unnamed (48.258393, -122.05691); Unnamed 
(48.258869, -121.764439); Unnamed (48.259213, -121.70866); Unnamed 
(48.263641, -121.763092); Unnamed (48.264861, -121.758039); Unnamed 
(48.265601, -122.004059); Unnamed (48.267786, -122.043722); Unnamed 
(48.268038, -121.715334); Unnamed (48.272044, -121.726641); Unnamed 
(48.27601, -121.935088); Unnamed (48.277489, -122.036087); Unnamed 
(48.27989, -121.990779); Unnamed (48.281081, -121.995266); Unnamed 
(48.281713, -121.649707); Unnamed (48.283383, -121.683334); Unnamed 
(48.28395, -121.646562); Unnamed (48.284296, -121.658284); Unnamed 
(48.28446, -121.920135); Unnamed (48.285216, -121.62783); Unnamed 
(48.2891, -121.769358); Unnamed (48.289217, -121.680426); Unnamed 
(48.289395, -121.755674); Unnamed (48.289507, -121.702145); Unnamed 
(48.290513, -121.743771); Unnamed (48.290671, -121.721475); Unnamed 
(48.290801, -121.746827); Unnamed (48.291004, -121.691566); Unnamed 
(48.291597, -121.693818); Unnamed (48.294273, -121.732756); Unnamed 
(48.294703, -121.826142); Unnamed (48.294855, -121.94067); Unnamed 
(48.295803, -121.789706); Unnamed (48.296128, -121.825352); Unnamed 
(48.297676, -121.802133); Unnamed (48.319239, -121.964661); Unnamed 
(48.359397, -121.920923); Unnamed (48.361324, -121.93455); Unnamed 
(48.365655, -121.915496); Unnamed (48.366918, -121.941311); Unnamed 
(48.367183, -121.958052); Unnamed (48.367255, -121.956483); Unnamed 
(48.367469, -121.95337); Unnamed (48.370765, -121.89953); Unnamed 
(48.371334, -121.834956); Unnamed (48.372057, -121.893537); Unnamed 
(48.37667, -121.887195); Unnamed (48.384027, -121.879147); Unnamed 
(48.410307, -121.91761); Unnamed (48.297464, -121.81382); Unnamed 
(48.321184, -121.95493).
    (ii) South Fork Stillaguamish River Watershed 1711000802. Outlet(s) 
= North Fork Stillaguamish River (Lat 48.203615, Long -122.126716); 
South Fork Stillaguamish River (48.203615, -122.126717); upstream to 
endpoint(s) in: Bear Creek (48.064612, -121.729061); Bear Creek 
(48.184588, -122.027434); Beaver Creek (48.088637, -121.513947); Bender 
Creek (48.066866, -121.589809); Benson Creek (48.10167, -121.738611); 
Blackjack Creek (48.051331, -121.624223); Boardman Creek (48.04009, -
121.674988); Buck Creek (48.051042, -121.469806); Coal Creek 
(48.093827, -121.535554); Cranberry Creek (48.121886, -121.803277); Cub 
Creek (48.211009, -121.940174); Deer Creek (48.094863, -121.554797); 
Eldredge Creek (48.074512, -121.637347); Gordon Creek (48.086169, -
121.660042); Hawthorn Creek (48.078912, -121.8082); Heather Creek 
(48.086826, -121.782066); Hempel Creek (48.075711, -121.743146); Jim 
Creek (48.209443, -121.929313); Mallardy Creek (48.067197, -
121.657137); Marten Creek (48.079769, -121.613497); North Fork Canyon 
Creek (48.17598, -121.82868); Palmer Creek (48.0427, -121.474893); 
Perry Creek (48.077976, -121.482351); Rotary Creek (48.092322, -
121.828833); Schweitzer Creek (48.06862, -121.69012); Siberia Creek 
(48.174184, -122.039681); South Fork Canyon Creek (48.153787, -
121.785021); South Fork Stillaguamish River (48.028261, -121.483458); 
Triple Creek (48.077106, -121.798123); Turlo Creek (48.108542, -
121.764124); Twentytwo Creek (48.075825, -121.758819); Unnamed 
(48.047402, -121.505486); Unnamed (48.05552, -121.520966); Unnamed 
(48.075811, -121.563225); Unnamed (48.077807, -121.591337); Unnamed 
(48.080052, -121.580689); Unnamed (48.082802, -121.695828); Unnamed 
(48.084671, -121.683128); Unnamed (48.090013, -121.877766); Unnamed 
(48.091037, -121.815954); Unnamed (48.094741, -121.861679); Unnamed 
(48.100032, -121.796066); Unnamed (48.102487, -121.760967); Unnamed 
(48.106381, -121.783693); Unnamed (48.107979, -121.790154); Unnamed 
(48.110592, -121.795323); Unnamed (48.11262, -121.80435); Unnamed 
(48.117007, -121.82596); Unnamed (48.118957, -121.83034); Unnamed 
(48.125862, -122.006135); Unnamed (48.131466, -121.905515); Unnamed 
(48.131881, -121.883717); Unnamed (48.134683, -121.938153); Unnamed 
(48.139202, -122.040321); Unnamed (48.140702, -121.932885); Unnamed 
(48.141896, -121.932379); Unnamed (48.143639, -121.932372); Unnamed 
(48.14431, -121.924623); Unnamed (48.14619, -122.017379); Unnamed 
(48.151471, -122.062372); Unnamed (48.19464, -122.074897); Unnamed 
(48.199265, -122.091343); Unnamed (48.212118, -121.923782); Unnamed 
(48.21329, -122.028497); Unnamed (48.216753, -122.005396); Unnamed 
(48.219125, -121.989143); Unnamed (48.219724, -121.994297); Unnamed 
(48.224672, -121.975855); Unnamed (48.227563, -121.937492); Unnamed 
(48.233562, -121.953975); Wiley Creek (48.092015, -121.720605); 
Wisconsin Creek (48.068182, -121.719162).

[[Page 2773]]

    (iii) Lower Stillaguamish River Watershed 1711000803. Outlet(s) = 
Hat Slough (Lat 48.198102, Long -122.359125); Stillaguamish River 
(48.238335, -122.376115); upstream to endpoint(s) in: Church Creek 
(48.26413, -122.283181); Freedom Creek (48.271454, -122.314228); Harvey 
Creek (48.233538, -122.128366); Jackson Gulch (48.210323, -122.241546); 
North Fork Stillaguamish River (48.203615, -122.126716); Pilchuck Creek 
(48.317396, -122.149205); Portage Creek (48.178785, -122.182919); 
Stillaguamish River (48.203562, -122.126899); Unnamed (48.171029, -
122.260136); Unnamed (48.186672, -122.277088); Unnamed (48.195788, -
122.283335); Unnamed (48.195835, -122.168612); Unnamed (48.196884, -
122.166822); Unnamed (48.20183, -122.295689); Unnamed (48.203545, -
122.315975); Unnamed (48.203747, -122.19962); Unnamed (48.214373, -
122.151954); Unnamed (48.224202, -122.14526); Unnamed (48.227416, -
122.199181); Unnamed (48.232175, -122.226793); Unnamed (48.23644, -
122.226298); Unnamed (48.240242, -122.207791); Unnamed (48.241888, -
122.201199); Unnamed (48.251066, -122.202687); Unnamed (48.256206, -
122.197528); Unnamed (48.262756, -122.185006); Unnamed (48.271258, -
122.316101); Unnamed (48.281636, -122.206013); Unnamed (48.300059, -
122.213286); Unnamed (48.303378, -122.161323).
    (7) Skykomish Subbasin 17110009--(i) Tye and Beckler Rivers 
Watershed 1711000901. Outlet(s) = Beckler River (Lat 47.715467, Long -
121.341085); South Fork Skykomish River (47.71526, -121.339458); 
upstream to endpoint(s) in: Alpine Creek (47.70063, -121.253227); 
Beckler River (47.86115, -121.306314); East Fork Foss River (47.648892, 
-121.276727); Rapid River (47.819406, -121.237866); Tye River 
(47.717046, -121.226571); West Fork Foss River (47.627377, -
121.310419).
    (ii) Skykomish River Forks Watershed 1711000902. Outlet(s) = North 
Fork Skykomish River (Lat 47.813603, Long -121.577995); South Fork 
Skykomish River (47.812617, -121.577943); upstream to endpoint(s) in: 
Barclay Creek (47.791478, -121.48993); Bear Creek (47.889803, -
121.382157); Beckler River (47.715467, -121.341085); Bitter Creek 
(47.841172, -121.50341); Bridal Veil Creek (47.798538, -121.56095); 
East Fork Miller River (47.648482, -121.373599); Excelsior Creek 
(47.869782, -121.486781); Goblin Creek (47.925037, -121.311518); Index 
Creek (47.759736, -121.496132); Kimball Creek (47.701302, -121.431138); 
Lewis Creek (47.81892, -121.505851); Maloney Creek (47.704343, -
121.354423); Money Creek (47.707177, -121.442116); North Fork Skykomish 
River (47.920573, -121.303744); Salmon Creek (47.904002, -121.467022); 
Silver Creek (47.940366, -121.437503); Snowslide Gulch (47.857696, -
121.508333); South Fork Skykomish River (47.71526, -121.339458); 
Troublesome Creek (47.899315, -121.400435); Trout Creek (47.832847, -
121.433624); West Cady Creek (47.897548, -121.305775); West Fork Miller 
River (47.665692, -121.400066).
    (iii) Skykomish River/wallace River Watershed 1711000903. Outlet(s) 
= Mccoy Creek (Lat 47.847628, Long -121.824315); Skykomish River 
(47.860377, -121.819105); Unnamed (47.855571, -121.819268); upstream to 
endpoint(s) in: Anderson Creek (47.8044, -121.596583); Deer Creek 
(47.818891, -121.581685); Duffey Creek (47.833436, -121.689636); 
Hogarty Creek (47.842003, -121.612106); May Creek (47.856805, -
121.632414); Mccoy Creek (47.831308, -121.826994); North Fork Skykomish 
River (47.813603, -121.577995); North Fork Wallace River (47.879351, -
121.659897); Olney Creek (47.879416, -121.717566); Proctor Creek 
(47.816171, -121.652091); South Fork Skykomish River (47.812617, -
121.577943); Unnamed (47.823821, -121.641583); Unnamed (47.854927, -
121.788254); Unnamed (47.857101, -121.75812); Unnamed (47.858007, -
121.797344); Unnamed (47.860413, -121.635072); Unnamed (47.84923, -
121.784034); Unnamed (47.855893, -121.752873); Wagleys Creek 
(47.873165, -121.773098); Wallace River (47.877046, -121.645838).
    (iv) Sultan River Watershed 1711000904. Outlet(s) = Sultan River 
(Lat 47.861005, Long -121.820933); upstream to endpoint(s) in: Sultan 
River (47.959618, -121.796288); Unnamed (47.887034, -121.829974).
    (v) Skykomish River/Woods Creek Watershed 1711000905. Outlet(s) = 
Skykomish River (Lat 47.829872, Long -122.045091); upstream to 
endpoint(s) in: Barr Creek (Lat 47.829715, -121.905589); Carpenter 
Creek (48.015168, -121.930236); Elwell Creek (47.803646, -121.853672); 
Foye Creek (47.822602, -121.970674); High Rock Creek (47.837811, -
121.959755); Mccoy Creek (47.847628, -121.824315); Richardson Creek 
(47.886315, -121.943935); Riley Slough (47.844202, -121.936904); 
Skykomish River (47.847403, -121.886481); Skykomish River (47.852292, -
121.878907); Skykomish River (47.854738, -121.82681); Sorgenfrei Creek 
(47.961588, -121.934368); Sultan River (47.861005, -121.820933); 
Unnamed (47.818865, -122.005592); Unnamed (47.81969, -122.00526); 
Unnamed (47.829214, -121.844279); Unnamed (47.855571, -121.819268); 
Unnamed (47.88559, -121.921368); Unnamed (47.828244, -122.013516); 
Unnamed (47.834405, -122.016728); Unnamed (47.834695, -122.021191); 
Unnamed (47.836191, -121.980947); Unnamed (47.839322, -121.952037); 
Unnamed (47.839419, -121.843256); Unnamed (47.842963, -121.90049); 
Unnamed (47.844848, -121.889155); Unnamed (47.851422, -121.852499); 
Unnamed (47.853708, -121.907276); Unnamed (47.853713, -121.91338); 
Unnamed (47.857546, -121.830245); West Fork Woods Creek (47.983648, -
121.957293); Woods Creek (47.895095, -121.875437); Youngs Creek 
(47.807915, -121.83447).
    (8) Snoqualmie Subbasin 17110010--(i) Middle Fork Snoqualmie River 
Watershed 1711001003. Outlet(s) = Langlois Creek (Lat 47.635728, Long -
121.90751); Snoqualmie River (47.640786, -121.927225); upstream to 
endpoint(s) in: Canyon Creek (47.568828, -121.981984); East Fork 
Griffin Creek (47.667678, -121.79524); Griffin Creek (47.679643, -
121.802134); Lake Creek (47.506498, -121.871475); Langlois Creek 
(47.632423, -121.900585); Langlois Creek (47.63436, -121.910479); 
Patterson Creek (47.643294, -122.008601); Raging River (47.443286, -
121.841753); Snoqualmie River (47.54132, -121.837391); Tokul Creek 
(47.556115, -121.829753); Unnamed (47.435758, -121.840802); Unnamed 
(47.469131, -121.887371); Unnamed (47.552211, -121.892074); Unnamed 
(47.55902, -121.959053); Unnamed (47.594862, -121.869153); Unnamed 
(47.602188, -121.86105); Unnamed (47.611929, -121.844129); Unnamed 
(47.617761, -121.987517); Unnamed (47.620823, -121.818809); Unnamed 
(47.67586, -121.821881); Unnamed (47.550625, -121.860269); Unnamed 
(47.573184, -121.882046); Unnamed (47.574562, -121.935597); Unnamed 
(47.574643, -121.923532); Unnamed (47.575296, -121.934856); Unnamed 
(47.575302, -121.928863); Unnamed (47.577661, -121.922239); Unnamed 
(47.580744, -121.89107); Unnamed (47.604032, -121.909863); Unnamed 
(47.60579, -121.908524); Unnamed (47.611586, -121.940718); Unnamed 
(47.61275, -121.923865); Unnamed (47.619886, -121.913184); Unnamed 
(47.624753, -121.913661).
    (ii) Lower Snoqualmie River Watershed 1711001004. Outlet(s) = 
Snohomish River (47.832905, -122.05029); Unnamed (47.818865, -
122.005592); upstream to endpoint(s) in: Adair Creek (47.713532, -
122.00603); Cherry Creek (47.763031, -121.881467); Langlois Creek 
(47.635728, -121.90751);

[[Page 2774]]

Margaret Creek (47.754562, -121.894491); North Fork Cherry Creek 
(47.747274, -121.922417); North Fork Creek (47.709704, -121.813858); 
Pearson Eddy Creek (47.7629, -121.993362); Peoples Creek (47.797003, -
121.969785); Snoqualmie River (47.640786, -121.927225); South Fork Tolt 
River (47.692382, -121.690691); Stossel Creek (47.760057, -121.854479); 
Tolt River (47.639682, -121.925064); Tuck Creek (47.760138, -
122.029513); Unnamed (47.66549, -121.969734); Unnamed (47.688103, -
121.841747); Unnamed (47.697681, -121.877351); Unnamed (47.699359, -
121.72867); Unnamed (47.711538, -121.835344); Unnamed (47.718309, -
121.778212); Unnamed (47.719516, -121.683676); Unnamed (47.721128, -
121.842676); Unnamed (47.721491, -121.711688); Unnamed (47.72187, -
121.872933); Unnamed (47.639628, -121.916512); Unnamed (47.644835, -
121.876373); Unnamed (47.652724, -121.927754); Unnamed (47.653832, -
121.900784); Unnamed (47.663562, -121.912794); Unnamed (47.666377, -
121.921884); Unnamed (47.66645, -121.968042); Unnamed (47.671854, -
121.944823); Unnamed (47.6722, -121.934103); Unnamed (47.672893, -
121.963119); Unnamed (47.673234, -121.906003); Unnamed (47.68202, -
121.984816); Unnamed (47.683549, -121.985897); Unnamed (47.685397, -
121.98674); Unnamed (47.688482, -121.942011); Unnamed (47.691215, -
121.959693); Unnamed (47.691787, -121.975697); Unnamed (47.694662, -
121.994754); Unnamed (47.701955, -121.998995); Unnamed (47.704253, -
122.001792); Unnamed (47.709025, -122.004767); Unnamed (47.709854, -
121.98468); Unnamed (47.716945, -122.001237); Unnamed (47.721749, -
121.989604); Unnamed (47.722623, -121.987303); Unnamed (47.723963, -
121.996696); Unnamed (47.726844, -121.989954); Unnamed (47.733263, -
122.010612); Unnamed (47.733962, -121.989698); Unnamed (47.734647, -
122.013111); Unnamed (47.736303, -122.013677); Unnamed (47.736874, -
121.98844); Unnamed (47.741838, -122.009593); Unnamed (47.744396, -
121.949708); Unnamed (47.745593, -121.952919); Unnamed (47.745918, -
121.954099); Unnamed (47.747444, -122.005028); Unnamed (47.747524, -
121.957434); Unnamed (47.747678, -121.996583); Unnamed (47.74965, -
121.977289); Unnamed (47.750208, -121.96435); Unnamed (47.750524, -
121.965961); Unnamed (47.75188, -121.927084); Unnamed (47.752108, -
121.969501); Unnamed (47.752268, -122.004156); Unnamed (47.75256, -
121.964546); Unnamed (47.752757, -121.969499); Unnamed (47.752947, -
121.957481); Unnamed (47.753339, -121.969357); Unnamed (47.754942, -
121.97775); Unnamed (47.756436, -122.004367); Unnamed (47.758452, -
122.002775); Unnamed (47.761886, -122.000354); Unnamed (47.762689, -
121.991876); Unnamed (47.762853, -121.977877); Unnamed (47.767489, -
122.000623); Unnamed (47.775507, -121.995614); Unnamed (47.775755, -
121.99995); Unnamed (47.776255, -121.999798); Unnamed (47.779073, -
121.991757); Unnamed (47.782249, -121.966177); Unnamed (47.788539, -
122.000183); Unnamed (47.797789, -121.978354); Unnamed (47.801619, -
121.981418); Unnamed (47.815259, -121.976869); Unnamed (47.815443, -
121.99813); Unnamed (47.818865, -122.005592).
    (9) Snohomish Subbasin 17110011--(i) Pilchuck River Watershed 
1711001101. Outlet(s) = French Creek (Lat 47.888547, Long -122.087439); 
Pilchuck River (47.900972, -122.092133); upstream to endpoint(s) in: 
Boulder Creek (48.024989, -121.811255); Catherine Creek (48.033209, -
122.077074); Dubuque Creek (47.996688, -122.010406); French Creek 
(47.898794, -122.057083); Kelly Creek (48.035392, -121.830635); Little 
Pilchuck Creek (48.112494, -122.060843); Miller Creek (47.996242, -
121.781617); Pilchuck River (47.991273, -121.736285); Purdy Creek 
(48.008866, -121.892703); Unnamed (47.946107, -122.078197); Unnamed 
(47.981529, -122.022251); Unnamed (48.014987, -122.065111); Unnamed 
(48.050521, -121.960436); Unnamed (48.052319, -121.873027); Unnamed 
(48.056823, -121.920701); Unnamed (47.893981, -122.064909); Unnamed 
(47.90029, -122.055264); Unnamed (47.900781, -122.071709); Unnamed 
(47.902216, -122.060278); Unnamed (47.909758, -122.055179); Unnamed 
(47.91308, -122.079588); Unnamed (47.91411, -122.073471); Wilson Creek 
(48.007178, -121.772124).
    (ii) Snohomish River Watershed 1711001102. Outlet(s) = Quilceda 
Creek (48.045077, -122.207633); Snohomish River (48.020024, -
122.199952); Steamboat Slough (48.035252, -122.187716); Union Slough 
(48.033026, -122.187941); Unnamed (48.042687, -122.203304); upstream to 
endpoint(s) in: Allen Creek (48.060189, -122.155845); Anderson Creek 
(47.823494, -122.063169); Batt Slough (47.893752, -122.101932); Burri 
Creek (47.996254, -122.12825); Ebey Slough (47.942077, -122.172019); 
Elliott Creek (47.832096, -122.058076); Evans Creek (47.837998, -
122.084366); French Creek (47.905702, -122.006538); Lake Beecher 
(47.853003, -122.08659); Larimer Creek (47.889935, -122.141659); 
Quilceda Creek (48.126701, -122.136538); Snohomish River (47.845642, -
122.066164); Swan Trail Slough (47.924299, -122.144247); Thomas Creek 
(47.885779, -122.133759); Unnamed (47.89605, -122.024132); Unnamed 
(47.874632, -122.06789); Unnamed (47.878911, -122.062819); Unnamed 
(47.883214, -122.075259); Unnamed (47.883685, -122.064291); Unnamed 
(47.977505, -122.164439); Unnamed (47.989661, -122.153303); Unnamed 
(47.989986, -122.157628); Unnamed (47.992902, -122.153788); Unnamed 
(47.994226, -122.155257); Unnamed (47.999821, -122.157617); Unnamed 
(47.999833, -122.154307); Unnamed (48.000441, -122.160006); Unnamed 
(48.131795, -122.131717); Unnamed (47.826251, -122.063007); Unnamed 
(47.839617, -122.088583); Unnamed (47.842605, -122.060737); Unnamed 
(47.842773, -122.09302); Unnamed (47.845642, -122.066164); Unnamed 
(47.845758, -122.092344); Unnamed (47.846844, -122.064563); Unnamed 
(47.851113, -122.010167); Unnamed (47.852079, -122.018572); Unnamed 
(47.861172, -122.029372); Unnamed (47.864352, -122.091793); Unnamed 
(47.868184, -122.033887); Unnamed (47.868667, -122.071745); Unnamed 
(47.871627, -122.007148); Unnamed (47.872067, -122.012574); Unnamed 
(47.872807, -122.007458); Unnamed (47.872892, -122.020313); Unnamed 
(47.873683, -122.02625); Unnamed (47.873838, -122.023394); Unnamed 
(47.873972, -122.020824); Unnamed (47.873974, -122.018382); Unnamed 
(47.874621, -122.033932); Unnamed (47.87602, -122.018838); Unnamed 
(47.876587, -122.038858); Unnamed (47.877086, -122.10383); Unnamed 
(47.878155, -122.093306); Unnamed (47.878365, -122.047458); Unnamed 
(47.879616, -122.121293); Unnamed (47.880169, -122.120704); Unnamed 
(47.880744, -122.124328); Unnamed (47.880801, -122.115079); Unnamed 
(47.881683, -122.018106); Unnamed (47.882464, -122.049811); Unnamed 
(47.88295, -122.036805); Unnamed (47.883214, -122.128361); Unnamed 
(47.887449, -122.136266); Unnamed (47.887628, -122.115244); Unnamed 
(47.889292, -122.138508); Unnamed (47.889733, -122.139749); Unnamed 
(47.889949, -122.045002); Unnamed (47.891627, -122.052284); Unnamed 
(47.893918, -122.1473); Unnamed (47.893921, -122.15179); Unnamed 
(47.900751, -122.162699); Unnamed (47.901957, -122.165281); Unnamed 
(47.903224, -122.152517); Unnamed (47.905749, -122.171392); Unnamed

[[Page 2775]]

(47.906952, -122.1713); Unnamed (47.909784, -122.174177); Unnamed 
(47.917745, -122.179549); Unnamed (47.91785, -122.170724); Unnamed 
(47.917965, -122.176424); Unnamed (47.918881, -122.166131); Unnamed 
(47.919953, -122.159256); Unnamed (47.920163, -122.112239); Unnamed 
(47.922557, -122.152328); Unnamed (47.926219, -122.164369); Unnamed 
(47.927044, -122.187844); Unnamed (47.927115, -122.181581); Unnamed 
(47.928771, -122.182785); Unnamed (47.929155, -122.1575); Unnamed 
(47.9292, -122.16225); Unnamed (47.931447, -122.155867); Unnamed 
(47.935459, -122.190942); Unnamed (47.935975, -122.19135); Unnamed 
(47.936814, -122.170221); Unnamed (47.939084, -122.174422); Unnamed 
(47.939185, -122.192305); Unnamed (47.939694, -122.150153); Unnamed 
(47.940939, -122.155435); Unnamed (47.940947, -122.157858); Unnamed 
(47.94244, -122.157373); Unnamed (47.942726, -122.17536); Unnamed 
(47.945442, -122.192582); Unnamed (47.94649, -122.146106); Unnamed 
(47.946592, -122.146917); Unnamed (47.947975, -122.179796); Unnamed 
(47.949211, -122.139884); Unnamed (47.949321, -122.159191); Unnamed 
(47.949477, -122.132724); Unnamed (47.949525, -122.141519); Unnamed 
(47.954551, -122.127872); Unnamed (47.954673, -122.126737); Unnamed 
(47.954755, -122.131233); Unnamed (47.955528, -122.131243); Unnamed 
(47.956927, -122.19563); Unnamed (47.959917, -122.126245); Unnamed 
(47.960424, -122.126126); Unnamed (47.960595, -122.12673); Unnamed 
(47.961773, -122.130148); Unnamed (47.99053, -122.133921); Unnamed 
(48.001732, -122.129584); Unnamed (48.035728, -122.158051); Unnamed 
(48.038525, -122.160828); Unnamed (48.039738, -122.153565); Unnamed 
(48.041372, -122.151583); Unnamed (48.042963, -122.150051); Unnamed 
(48.044102, -122.147735); Unnamed (48.047591, -122.150945); Unnamed 
(48.048094, -122.159389); Weiser Creek (48.004603, -122.127993); West 
Fork Quilceda Creek (48.114329, -122.192036); Wood Creek (47.925014, -
122.184669); Wood Creek (47.946568, -122.177043).
    (10) Lake Washington 17110012--(i) Cedar River 1711001201. 
Outlet(s) = Cedar River (Lat 47.500458, Long -122.215889); upstream to 
endpoint(s) in: Cedar River (47.419017, -121.781807); Madsen Creek 
(47.454959, -122.139271); Peterson Creek (47.421385, -122.071428); Rock 
Creek (47.360983, -122.007166); Unnamed (47.412034, -122.005441); 
Unnamed (47.397644, -122.015869); Walsh Lake Diversion Ditch 
(47.388412, -121.983268).
    (11) Duwamish Subbasin 17110013--(i) Upper Green River Watershed 
1711001301. Outlet(s) = Green River (Lat 47.222773, Long -121.608297); 
Smay Creek (47.22558, -121.608029); upstream to endpoint(s) in: Friday 
Creek (47.220272, -121.457068); Intake Creek (47.205593, -121.406127); 
Mccain Creek (47.209121, -121.530424); Sawmill Creek (47.208384, -
121.468737); Smay Creek (47.250466, -121.589199); Snow Creek (47.26089, 
-121.406133); Sunday Creek (47.258566, -121.367101); Tacoma Creek 
(47.187342, -121.364175).
    (ii) Middle Green River Watershed 1711001302. Outlet(s) = Green 
River (Lat 47.288124, Long -121.97032); upstream to endpoint(s) in: 
Bear Creek (47.277192, -121.800206); Charley Creek (47.259074, -
121.779776); Cougar Creek (47.243692, -121.645414); Eagle Creek 
(47.304949, -121.723086); Gale Creek (47.264201, -121.709713); Green 
River (47.222773, -121.608297); Piling Creek (47.281819, -121.756524); 
Smay Creek (47.22558, -121.608029); Sylvester Creek (47.245565, -
121.654863).
    (iii) Lower Green River Watershed 1711001303. Outlet(s) = Duwamish 
Waterway (Lat 47.583483, Long -122.359684); Unnamed (47.588989, -
122.34426); upstream to endpoint(s) in: Big Soos Creek (47.372078, -
122.144432); Burns Creek (47.284679, -122.098961); Crisp Creek 
(47.289456, -122.059482); Cristy Creek (47.27092, -122.017489); Green 
River (47.288124, -121.97032); Jenkins Creek (47.37728, -122.080576); 
Little Soos Creek (47.378342, -122.106081); Mill Creek (47.303262, -
122.272491); Newaukum Creek (47.229023, -121.954805); Rock Creek 
(47.310539, -122.024859); Unnamed (47.220884, -122.023242); Unnamed 
(47.220892, -122.016139); Unnamed (47.234075, -121.931801); Unnamed 
(47.325011, -122.200079); Unnamed (47.335135, -122.154992); Unnamed 
(47.353478, -122.258274); Unnamed (47.360321, -122.225589); Unnamed 
(47.374183, -122.103011); Unnamed (47.389595, -122.225993).
    (12) Puyallup Subbasin 17110014--(i) Upper White River Watershed 
1711001401. Outlet(s) = Greenwater River (Lat 47.158517, Long -
121.659041); White River (47.158251, -121.659559); upstream to 
endpoint(s) in: George Creek (47.099306, -121.472868); Greenwater River 
(47.091025, -121.456044); Huckleberry Creek (47.053496, -121.616046); 
Pyramid Creek (47.113047, -121.455762); Twentyeight Mile Creek 
(47.060856, -121.511537); Unnamed (47.051445, -121.71716); Unnamed 
(47.12065, -121.554216); Unnamed (47.134311, -121.583518); West Fork 
White River (47.047717, -121.692719); Whistle Creek (47.118448, -
121.489277); White River (47.01416, -121.529457); Wrong Creek 
(47.043096, -121.699618).
    (ii) Lower White River Watershed 1711001402. Outlet(s) = White 
River (Lat 47.200025, Long -122.255912); upstream to endpoint(s) in: 
Boise Creek (47.195608, -121.947967); Camp Creek (47.147051, -
121.703951); Canyon Creek (47.13331, -121.862029); Clearwater River 
(47.084983, -121.783524); Greenwater River (47.158517, -121.659041); 
Scatter Creek (47.162429, -121.87438); Unnamed (47.222955, -
122.097188); Unnamed (47.229087, -122.07162); Unnamed (47.233808, -
122.109926); Unnamed (47.245631, -122.058795); Unnamed (47.247135, -
122.22738); Unnamed (47.25371, -122.264826); Unnamed (47.261283, -
122.13136); Unnamed (47.268104, -122.25123); Unnamed (47.238173, -
122.223415); White River (47.158251, -121.659559).
    (iii) Carbon River Watershed 1711001403. Outlet(s) = Carbon River 
(Lat 47.123651, Long -122.229222); upstream to endpoint(s) in: Carbon 
River (46.993075, -121.926834); Coplar Creek (47.072996, -122.167682); 
Gale Creek (47.086262, -122.015047); Page Creek (47.12503, -
122.009401); South Fork South Prairie Creek (47.099283, -121.954505); 
Unnamed (47.096464, -122.141219); Unnamed (47.097218, -122.145432); 
Unnamed (47.141246, -122.058699); Voight Creek (47.077134, -
122.131266); Wilkeson Creek (47.089113, -122.011371).
    (iv) Upper Puyallup River Watershed 1711001404. Outlet(s) = Carbon 
River (Lat 47.130578, Long -122.232672); Puyallup River (47.130572, -
122.232719); upstream to endpoint(s) in: Carbon River (47.123651, -
122.229222); Fox Creek (47.012694, -122.183844); Kellog Creek 
(46.913785, -122.083644); Le Dout Creek (46.935374, -122.054579); 
Niesson Creek (46.88451, -122.032222); Ohop Creek (46.941896, -
122.222784); Puyallup River (46.904305, -122.03511); Unnamed 
(46.901022, -122.053271); Unnamed (46.915301, -122.08532); Unnamed 
(47.033738, -122.183585); Unnamed (47.072524, -122.217752); Unnamed 
(47.077709, -122.21324).
    (v) Lower Puyallup River Watershed 1711001405. Outlet(s) = Hylebos 
Creek (Lat 47.260936, Long -122.360296); Puyallup River (47.262018, -
122.419738); Wapato Creek (47.254142, -122.376043); upstream to 
endpoint(s) in: Canyonfalls Creek (47.141497, -122.220946); Carbon 
River (47.130578, -122.232672); Clarks Creek (47.175558,

[[Page 2776]]

-122.318004); Clarks Creek (47.214046, -122.341441); Fennel Creek 
(47.149294, -122.186141); Hylebos Creek (47.268092, -122.304897); 
Puyallup River (47.130572, -122.232719); Simons Creek (47.223614, -
122.306576); Swam Creek (47.198605, -122.392952); Unnamed (47.192643, -
122.338319); Unnamed (47.212642, -122.362772); Unnamed (47.284933, -
122.328406); West Hylebos Creek (47.28045, -122.319677); White River 
(47.200025, -122.255912).
    (13) Nisqually Subbasin 17110015--(i) Mashel/Ohop Watershed 
1711001502. Outlet(s) = Lackamas Creek (Lat 46.8589, Long -122.488209); 
Nisqually River (46.864078, -122.478318); Tobolton Creek (46.863143, -
122.480177); upstream to endpoint(s) in: Beaver Creek (46.858889, -
122.187968); Busy Wild Creek (46.797885, -122.041534); Little Mashel 
River (46.850176, -122.27362); Lynch Creek (46.879792, -122.275113); 
Mashel River (46.84805, -122.104803); Nisqually River (46.823001, -
122.30402); Ohop Valley Creek (46.924846, -122.260991); Powell Creek 
(46.84388, -122.436634); Tanwax Creek (46.941782, -122.280108); 
Tobolton Creek (46.823649, -122.48512); Twentyfive Mile Creek 
(46.924778, -122.259359); Unnamed (46.832309, -122.528978); Unnamed 
(46.907314, -122.261798).
    (ii) Lowland Watershed 1711001503. Outlet(s) = Mcallister Creek 
(Lat 47.086256, Long -122.72842); Nisqually River (47.098476, -
122.698813); Red Salmon Creek (47.096419, -122.687018); upstream to 
endpoint(s) in: Horn Creek (46.917907, -122.464722); Lacamas Creek 
(46.974424, -122.477971); Lacamas Creek (47.008577, -122.53729); 
Lackamas Creek (46.8589, -122.488209); Mcallister Creek (47.029715, -
122.724885); Muck Creek (47.024063, -122.333195); Murray Creek 
(46.978923, -122.494325); Nisqually River (46.864078, -122.478318); Red 
Salmon Creek (47.083089, -122.678869); South Creek (46.985228, -
122.287693); Thompson Creek (46.953803, -122.63521); Tobolton Creek 
(46.863143, -122.480177); Unnamed (46.88276, -122.481929); Unnamed 
(46.92337, -122.522371); Unnamed (46.999957, -122.652251); Unnamed 
(47.034211, -122.674166); Unnamed (47.03749, -122.735619); Unnamed 
(47.083824, -122.682663); Yelm Creek (46.947774, -122.606162).
    (14) Deschutes 17110016--(i) Deschutes River-Lake Lawrence 
1711001601. Outlet(s) = Deschutes River (Lat 46.858414, -122.703615); 
upstream to endpoint(s) in: Deschutes River (46.803719, -122.41723); 
Fall Creek (46.801851, -122.508518); Hull Creek (46.815628, -
122.551688); Johnson Creek (46.771083, -122.424056); Mitchell Creek 
(46.764822, -122.520257); Pipeline Creek (46.815019, -122.557139); 
Thurston Creek (46.787177, -122.426181); Unnamed (46.776798, -
122.456757); Unnamed (46.821012, -122.552051); Unnamed (46.825293, -
122.597406).
    (ii) Deschutes River--Capitol Lake 1711001602. Outlet(s) = 
Deschutes River (Lat 47.043613, Long -122.909102); upstream to 
endpoint(s) in: Deschutes River (46.858414, -122.703615); Unnamed 
(46.883422, -122.791346); Unnamed (46.885585, -122.765692); Unnamed 
(46.900133, -122.761883); Unnamed (46.920776, -122.814054).
    (15) Skokomish Subbasin 17110017--(i) Skokomish River Watershed 
1711001701. Outlet(s) = Skokomish River (Lat 47.354102, Long -
123.113454); Unnamed (47.346915, -123.1288); upstream to endpoint(s) 
in: Aristine Creek (47.339036, -123.330797); Brown Creek (47.426884, -
123.273846); Cedar Creek (47.438747, -123.412558); Church Creek 
(47.460295, -123.455165); Fir Creek (47.336146, -123.302908); Frigid 
Creek (47.378231, -123.241695); Gibbons Creek (47.401886, -123.237898); 
Harp Creek (47.403646, -123.307961); Kirkland Creek (47.31996, -
123.290062); Le Bar Creek (47.42431, -123.321985); Mctaggert Creek 
(47.415308, -123.249773); Mussel Shell Creek (47.299392, -123.154163); 
North Fork Skokomish River (47.398124, -123.201673); Pine Creek 
(47.443201, -123.429394); Purdy Canyon (47.30192, -123.181551); Purdy 
Creek (47.304446, -123.188829); South Fork Skokomish River (47.490355, 
-123.460444); Unnamed (47.307518, -123.202431); Unnamed (47.309215, -
123.151179); Unnamed (47.312777, -123.250097); Unnamed (47.314724, -
123.179082); Unnamed (47.315244, -123.177395); Unnamed (47.317283, -
123.233949); Unnamed (47.318056, -123.168869); Unnamed (47.319036, -
123.198978); Unnamed (47.320262, -123.233188); Unnamed (47.321111, -
123.168254); Unnamed (47.32192, -123.307559); Unnamed (47.32264, -
123.166947); Unnamed (47.324298, -123.166032); Unnamed (47.32618, -
123.165265); Unnamed (47.327954, -123.1645); Unnamed (47.340589, -
123.229732); Vance Creek (47.363339, -123.37747); Weaver Creek 
(47.309516, -123.23971).
    (16) Hood Canal Subbasin 17110018--(i) Lower West Hood Canal 
Frontal Watershed 1711001802. Outlet(s) = Eagle Creek (Lat 47.484737, 
Long -123.077896); Finch Creek (47.406474, -123.13894); Fulton Creek 
(47.618077, -122.974895); Jorsted Creek (47.526147, -123.050128); 
Lilliwaup Creek (47.468701, -123.114852); Unnamed (47.457462, -
123.112951); Unnamed (47.570832, -123.01278); upstream to endpoint(s) 
in: Eagle Creek (47.499033, -123.100927); Finch Creek (47.406575, -
123.145463); Fulton Creek (47.628033, -122.985435); Jorsted Creek 
(47.52439, -123.066123); Lilliwaup Creek (47.470625, -123.116282); 
Unnamed (47.459167, -123.133047); Unnamed (47.57275, -123.020786).
    (ii) Hamma Hamma River Watershed 1711001803. Outlet(s) = Hamma 
Hamma River (Lat 47.546939, Long -123.045218); upstream to endpoint(s) 
in: Hamma Hamma River (47.560258, -123.066043); North Fork John Creek 
(47.545766, -123.072377); South Fork John Creek (47.541154, -
123.07576).
    (iii) Duckabush River Watershed 1711001804. Outlet(s) = Duckabush 
River (Lat 47.650063, Long -122.936017); Unnamed (47.651985, -
122.935914); upstream to endpoint(s) in: Duckabush River (47.683876, -
123.069991); Unnamed (47.656559, -122.939617); Unnamed (47.658797, -
122.946881); Unnamed (47.664171, -122.958939); Unnamed (47.665164, -
122.971688).
    (iv) Dosewallips River Watershed 1711001805. Outlet(s) = 
Dosewallips River (Lat 47.687868, Long -122.895799); upstream to 
endpoint(s) in: Dosewallips River (47.728734, -123.112328); Gamm Creek 
(47.740548, -123.064117); Rocky Brook (47.720965, -122.941729); Unnamed 
(47.703663, -122.942585); Unnamed (47.718461, -123.001437).
    (v) Big Quilcene River Watershed 1711001806. Outlet(s) = Big 
Quilcene River (Lat 47.818629, Long -122.861797); upstream to 
endpoint(s) in: Big Quilcene River (47.776171, -122.936666).
    (vi) Upper West Hood Canal Frontal Watershed 1711001807. Outlet(s) 
= Donovan Creek (Lat 47.827622, Long -122.858429); Indian George Creek 
(47.807881, -122.869227); Little Quilcene River (47.826459, -
122.862109); Spencer Creek (47.745578, -122.875483); Tarboo Creek 
(47.860282, -122.813536); Thorndyke Creek (47.816713, -122.739675); 
Unnamed (47.69516, -122.807343); Unnamed (47.742597, -122.767326); 
Unnamed (47.780439, -122.865654); Unnamed (47.803054, -122.748043); 
Unnamed (47.809788, -122.791892); Unnamed (47.827807, -122.696476); 
Unnamed (47.870429, -122.693831); upstream to endpoint(s) in: Donovan 
Creek (47.852344, -122.859015); Indian George Creek (47.806041, -
122.872191); Leland Creek (47.87993, -122.878552);

[[Page 2777]]

Little Quilcene River (47.87162, -122.920887); Spencer Creek 
(47.757649, -122.895277); Tarboo Creek (47.917525, -122.825126); 
Unnamed (47.700468, -122.804836); Unnamed (47.745248, -122.772127); 
Unnamed (47.780486, -122.870015); Unnamed (47.817369, -122.763825); 
Unnamed (47.826301, -122.786512); Unnamed (47.845809, -122.709645); 
Unnamed (47.847797, -122.878694); Unnamed (47.857542, -122.837721); 
Unnamed (47.86785, -122.773687); Unnamed (47.871141, -122.795142); 
Unnamed (47.886493, -122.830585); Unnamed (47.888336, -122.801101); 
Unnamed (47.889882, -122.698239).
    (vii) West Kitsap Watershed 1711001808. Outlet(s) = Anderson Creek 
(Lat 47.566784, Long -122.967625); Anderson Creek (47.665387, -
122.757767); Big Beef Creek (47.651916, -122.783607); Boyce Creek 
(47.609223, -122.915305); Dewatto River (47.45363, -123.048642); 
Mission Creek (47.430736, -122.872828); Seabeck Creek (47.63558, -
122.834296); Stavis Creek (47.625046, -122.872893); Tahuya River 
(47.376565, -123.038419); Union River (47.44818, -122.838076); Unnamed 
(47.453546, -123.048616); Unnamed (47.585137, -122.945064); Unnamed 
(47.826269, -122.56367); upstream to endpoint(s) in: Anderson Creek 
(47.660179, -122.756351); Bear Creek (47.498732, -122.811755); Big Beef 
Creek (47.589887, -122.846319); Boyce Creek (47.609187, -122.914277); 
Mission Creek (47.499061, -122.850487); Seabeck Creek (47.623835, -
122.838375); Stavis Creek (47.605496, -122.872936); Tin Mine Creek 
(47.577069, -122.829158); Union River (47.527109, -122.785967); Unnamed 
(47.416887, -122.999502); Unnamed (47.43499, -123.053793); Unnamed 
(47.438227, -123.043285); Unnamed (47.451055, -123.016346); Unnamed 
(47.451077, -122.914789); Unnamed (47.454548, -122.986648); Unnamed 
(47.457926, -122.82675); Unnamed (47.459434, -122.841199); Unnamed 
(47.461807, -122.986012); Unnamed (47.464136, -122.996728); Unnamed 
(47.471436, -123.026462); Unnamed (47.472953, -122.853144); Unnamed 
(47.473856, -122.98827); Unnamed (47.496903, -122.832756); Unnamed 
(47.499811, -122.959843); Unnamed (47.513538, -122.976821); Unnamed 
(47.518086, -122.944624); Unnamed (47.533867, -122.966128); Unnamed 
(47.556351, -122.93869); Unnamed (47.578134, -122.831814); Unnamed 
(47.578146, -122.944137); Unnamed (47.617962, -122.881294); Unnamed 
(47.823731, -122.557569).
    (17) Puget Sound Subbasin 17110019--(i) Kennedy/Goldsborough 
Watershed 1711001900. Outlet(s) = Campbell Creek (Lat 47.222039, Long -
123.025109); Cranberry Creek (47.262433, -123.015892); Deer Creek 
(47.259411, -123.009378); Goldsborough Creek (47.209541, -123.09519); 
Kennedy Creek (47.096767, -123.085708); Johns Creek (47.246105, -
123.042959); Lynch Creek (47.152742, -123.052635); Malaney Creek 
(47.25142, -123.0197); Mill Creek (47.195478, -122.996269); Perry Creek 
(47.04923, -123.005168); Schneider Creek (47.091599, -123.075637); 
Shelton Creek (47.213868, -123.095177); Sherwood Creek (47.375171, -
122.835464); Skookum Creek (47.127879, -123.088396); Uncle John Creek 
(47.223441, -123.028998); Unnamed (47.138813, -123.076426); Unnamed 
(47.348035, -123.073581); Unnamed (47.406636, -122.887438); Unnamed 
(47.43145, -122.848454); Unnamed (47.378832, -122.974308); Unnamed 
(47.382516, -122.948722); upstream to endpoint(s) in: Campbell Creek 
(47.226397, -122.997893); Cranberry Creek (47.283615, -123.111755); 
Deer Creek (47.327279, -122.911546); Gosnell Creek (47.132634, -
123.208108); Johns Creek (47.252177, -123.129051); Kamilche Creek 
(47.109481, -123.120016); Kennedy Creek (47.079184, -123.126612); Lynch 
Creek (47.16124, -123.063246); Malaney Creek (47.248952, -123.011342); 
North Fork Goldsborough Creek (47.226417, -123.221454); Perry Creek 
(47.053893, -123.021482); Rock Creek (47.173241, -123.200765); 
Schneider Creek (47.071686, -123.056453); Shelton Creek (47.22776, -
123.11259); Shumocher Creek (47.31782, -122.992107); South Fork 
Goldsborough Creek (47.186447, -123.252006); Uncle John Creek 
(47.230245, -123.028211); Unnamed (47.081522, -123.102753); Unnamed 
(47.097705, -123.216015); Unnamed (47.100105, -123.216045); Unnamed 
(47.1455, -123.081178); Unnamed (47.149979, -123.116498); Unnamed 
(47.154715, -123.122654); Unnamed (47.182813, -123.154821); Unnamed 
(47.183317, -122.993257); Unnamed (47.187858, -123.166457); Unnamed 
(47.209485, -123.249564); Unnamed (47.223587, -122.981336); Unnamed 
(47.225845, -123.243846); Unnamed (47.226397, -122.997893); Unnamed 
(47.25604, -123.060758); Unnamed (47.293868, -123.03765); Unnamed 
(47.322265, -122.993083); Unnamed (47.345989, -123.087997); Unnamed 
(47.361619, -122.901294); Unnamed (47.36676, -122.866433); Unnamed 
(47.37043, -122.975612); Unnamed (47.378331, -122.84611); Unnamed 
(47.378994, -122.950338); Unnamed (47.385117, -122.898154); Unnamed 
(47.41665, -122.847985).
    (ii) Puget Sound 1711001901. Outlet(s) = Anderson Creek (Lat 
47.527851, Long -122.683072); Barker Creek (47.637847, -122.670114); 
Blackjack Creek (47.542244, -122.627229); Burley Creek (47.412304, -
122.631424); Chico Creek (47.602679, -122.705419); Clear Creek 
(47.652349, -122.68632); Coulter Creek (47.406361, -122.819291); 
Crescent Valley (47.345209, -122.583101); Crouch Creek (47.652147, -
122.62956); Curley Creek (47.523499, -122.546087); Gorst Creek 
(47.527855, -122.697881); Mccormick Creek (47.371692, -122.624236); 
Minter Creek (47.371035, -122.702469); North Creek (47.337484, -
122.592533); Olalla Creek (47.425398, -122.551857); Purdy Creek 
(47.387232, -122.626582); Rocky Creek (47.371062, -122.78137); Unnamed 
(47.538696, -122.65636); Unnamed (47.645936, -122.69393); Unnamed 
(47.712429, -122.613727); Unnamed (47.717886, -122.656445); Unnamed 
(47.750936, -122.649151); Unnamed (47.770208, -122.559178); upstream to 
endpoint(s) in: Anderson Creek (47.505029, -122.69725); Barker Creek 
(47.647598, -122.658222); Blackjack Creek (47.477097, -122.648962); 
Burley Creek (47.477671, -122.616862); Clear Creek (47.685465, -
122.684758); Coulter Creek (47.44497, -122.768147); Crescent Valley 
(47.387661, -122.573475); Crouch Creek (47.652949, -122.636766); Curley 
Creek (47.470853, -122.591807); Dickerson Creek (47.574216, -
122.730548); Gorst Creek (47.517739, -122.743902); Heins Creek 
(47.532474, -122.719281); Huge Creek (47.416967, -122.697785); Kitsap 
Creek (47.565562, -122.705833); Lost Creek (47.580058, -122.772143); 
Mccormick Creek (47.360692, -122.616179); Minter Creek (47.417427, -
122.68133); North Creek (47.345176, -122.602062); Olalla Creek 
(47.458804, -122.575015); Parish Creek (47.525007, -122.715043); Purdy 
Creek (47.424097, -122.601949); Rocky Creek (47.406815, -122.784426); 
Salmonberry Creek (47.521201, -122.583691); Unnamed (47.375417, -
122.764465); Unnamed (47.407431, -122.816273); Unnamed (47.458461, -
122.654176); Unnamed (47.461146, -122.658942); Unnamed (47.508334, -
122.678469); Unnamed (47.647488, -122.631401); Unnamed (47.652615, -
122.705727); Unnamed (47.655222, -122.70488); Unnamed (47.656966, -
122.63518); Unnamed (47.669431, -122.688117); Unnamed (47.717933, -
122.672648); Unnamed (47.718897, -122.613062); Unnamed (47.760942, -
122.618495); Unnamed (47.763767, -122.637787); Unnamed

[[Page 2778]]

(47.809222, -122.537334); Unnamed (47.80967, -122.532478); Wildcat 
Creek (47.599753, -122.761086).
    (iii) Woodland Creek-McLane Creek Frontal 1711001902. Outlet(s) = 
McLane Creek (Lat 47.03475, Long -122.990395); Unnamed (47.095699, -
122.94549); Woodard Creek (47.120914, -122.861775); Woodland Creek 
(47.092725, -122.823614); upstream to endpoint(s) in: McLane Creek 
(47.001481, -123.009329); Swift Creek (47.031622, -123.008267); Unnamed 
(47.028842, -122.985445); Unnamed (47.060468, -122.964496); Unnamed 
(47.071776, -122.827649); Woodard Creek (47.040784, -122.853709); 
Woodland Creek (47.034018, -122.781534);
    (iv) Puget Sound-East Passage 1711001904. Outlet(s) = Christensen 
Creek (Lat 47.403038, Long -122.51902); Judd Creek (47.402315, -
122.467989); Lunds Gulch (47.859951, -122.334873); Shingle Mill Creek 
(47.480286, -122.482557); Unnamed (47.646085, -122.567546); upstream to 
endpoint(s) in: Judd Creek (47.416852, -122.47661); Lunds Gulch 
(47.859132, -122.327183); Shingle Mill Creek (47.467927, -122.474433); 
Unnamed (47.40206, -122.512865); Unnamed (47.641478, -122.566998).
    (v) Chambers Creek 1711001906. Outlet(s) = Chambers Creek (Lat 
47.186966, Long -122.583739); upstream to endpoint(s) in: Chambers 
Creek (47.155756, -122.527739); Clover Creek (47.136455, -122.433679); 
Clover Creek (47.155756, -122.527739); Flett Creek (47.179364, -
122.497762); Leach Creek (47.209364, -122.512372); Ponce De Leon Creek 
(47.162148, -122.52888).
    (vi) Port Ludlow Creek-Chimacum Creek 1711001908. Outlet(s) = 
Chimacum Creek (Lat 48.050532, Long -122.784429); Unnamed (47.917613, -
122.703872); upstream to endpoint(s) in: Unnamed (47.918337, -
122.709325); Unnamed (47.927687, -122.805588); Unnamed (47.947673, -
122.850871); Unnamed (47.954906, -122.7614); Unnamed (47.986329, -
122.80519).
    (18) Dungeness-Elwha Subbasin 17110020--(i) Discovery Bay Watershed 
1711002001. Outlet(s) = Contractors Creek (Lat 48.04559, Long -
122.874989); Salmon Creek (47.989306, -122.889155); Snow Creek 
(47.989848, -122.88472); upstream to endpoint(s) in: Andrews Creek 
(47.916408, -122.900812); Contractors Creek (48.041198, -122.879974); 
Salmon Creek (47.968169, -122.963869); Snow Creek (47.935356, -
122.943211).
    (ii) Sequim Bay Watershed 1711002002. Outlet(s) = Bell Creek (Lat 
48.083191, Long -123.052803); Jimmycomelately Creek (48.023348, -
123.005179); Johnson Creek (48.062731, -123.040899); Unnamed 
(48.028495, -122.996498); upstream to endpoint(s) in: Bell Creek 
(48.062921, -123.103118); Jimmycomelately Creek (47.991106, -
123.012853); Johnson Creek (48.054282, -123.060541); Unnamed (47.98473, 
-123.004078); Unnamed (48.028602, -122.994476); Unnamed (48.077698, -
123.085489).
    (iii) Dungeness River Watershed 1711002003. Outlet(s) = Cassalery 
Creek (Lat 48.134645, Long -123.096671); Dungeness River (48.150413, -
123.132404); Gierin Creek (48.115086, -123.060063); Unnamed (48.137866, 
-123.101098); Unnamed (48.153473, -123.12799); upstream to endpoint(s) 
in: Bear Creek (48.05479, -123.159906); Canyon Creek (48.022505, -
123.141514); Cassalery Creek (48.105307, -123.121002); Dungeness River 
(47.938446, -123.089756); Gierin Creek (48.091597, -123.095521); Gold 
Creek (47.941297, -123.086086); Gray Wolf River (47.916035, -
123.242895); Matriotti Creek (48.068168, -123.193047); Unnamed 
(48.065991, -123.17376); Unnamed (48.06625, -123.169857); Unnamed 
(48.068168, -123.193047); Unnamed (48.068308, -123.193024); Unnamed 
(48.090644, -123.191398); Unnamed (48.106277, -123.076132); Unnamed 
(48.107219, -123.187879); Unnamed (48.112875, -123.160292); Unnamed 
(48.116253, -123.157937); Unnamed (48.116481, -123.141572); Unnamed 
(48.118304, -123.078321); Unnamed (48.124002, -123.143503); Unnamed 
(48.127704, -123.111613); Unnamed (48.12912, -123.148566); Unnamed 
(48.130335, -123.127456).
    (iv) Port Angeles Harbor Watershed 1711002004. Outlet(s) = Bagley 
Creek (Lat 48.114035, Long -123.340599); Dry Creek (48.134316, -
123.520821); Ennis Creek (48.117472, -123.405373); Lees Creek 
(48.114686, -123.388339); McDonald Creek (48.125382, -123.220649); 
Morse Creek (48.117713, -123.351674); Siebert Creek (48.120481, -
123.289579); Tumwater Creek (48.124386, -123.445396); Valley Creek 
(48.122912, -123.437893); upstream to endpoint(s) in: Bagley Creek 
(48.057013, -123.319844); Dry Creek (48.123255, -123.520058); East Fork 
Lees Creek (48.075209, -123.37549); East Fork Siebert Creek (48.02011, 
-123.287767); Ennis Creek (48.052991, -123.411534); Lees Creek 
(48.078066, -123.394993); McDonald Creek (48.017887, -123.232576); 
Morse Creek (48.061048, -123.349345); Pederson Creek (48.026991, -
123.253803); Tumwater Creek (48.092665, -123.4702); Unnamed (48.0143, -
123.260326); Unnamed (48.030295, -123.301668); Valley Creek (48.106808, 
-123.451781); West Fork Siebert Creek (48.000634, -123.304205).
    (v) Elwha River Watershed 1711002007. Outlet(s) = Elwha River (Lat 
48.146456, Long -123.568438); upstream to endpoint(s) in: Elwha River 
(47.739706, -123.494829); Unnamed (48.13353, -123.557816); Unnamed 
(48.143336, -123.555008); Indian Creek (48.07806, -123.725186); Little 
River (48.05994, -123.520805).
    (19) Maps of critical habitat for the Puget Sound steelhead DPS 
follow:
BILLING CODE 3510-22-P

[[Page 2779]]

[GRAPHIC] [TIFF OMITTED] TP14JA13.011


[[Page 2780]]


[GRAPHIC] [TIFF OMITTED] TP14JA13.012


[[Page 2781]]


[GRAPHIC] [TIFF OMITTED] TP14JA13.013


[[Page 2782]]


[GRAPHIC] [TIFF OMITTED] TP14JA13.014


[[Page 2783]]


[GRAPHIC] [TIFF OMITTED] TP14JA13.015


[[Page 2784]]


[GRAPHIC] [TIFF OMITTED] TP14JA13.016


[[Page 2785]]


[GRAPHIC] [TIFF OMITTED] TP14JA13.017


[[Page 2786]]


[GRAPHIC] [TIFF OMITTED] TP14JA13.018


[[Page 2787]]


[GRAPHIC] [TIFF OMITTED] TP14JA13.019


[[Page 2788]]


[GRAPHIC] [TIFF OMITTED] TP14JA13.020


[[Page 2789]]


[GRAPHIC] [TIFF OMITTED] TP14JA13.021


[[Page 2790]]


[GRAPHIC] [TIFF OMITTED] TP14JA13.022


[[Page 2791]]


[GRAPHIC] [TIFF OMITTED] TP14JA13.023


[[Page 2792]]


[GRAPHIC] [TIFF OMITTED] TP14JA13.024


[[Page 2793]]


[GRAPHIC] [TIFF OMITTED] TP14JA13.025


[[Page 2794]]


[GRAPHIC] [TIFF OMITTED] TP14JA13.026


[[Page 2795]]


[GRAPHIC] [TIFF OMITTED] TP14JA13.027


[[Page 2796]]


[GRAPHIC] [TIFF OMITTED] TP14JA13.028

[FR Doc. 2013-00241 Filed 1-11-13; 8:45 am]
BILLING CODE 3510-22-C
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.