Endangered and Threatened Wildlife; Proposed Rule To Revise the Code of Federal Regulations for Species Under the Jurisdiction of the National Marine Fisheries Service, 38270-38284 [2013-15015]

Download as PDF 38270 Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Proposed Rules Please submit one copy (two copies if submitting by mail or hand delivery) of your comments, including the attachments, to the docket following the instructions given above under ADDRESSES. Please note, if you are submitting comments electronically as a PDF (Adobe) file, we ask that the documents submitted be scanned using an Optical Character Recognition (OCR) process, thus allowing the agency to search and copy certain portions of your submissions. How do I submit confidential business information? If you wish to submit any information under a claim of confidentiality, you should submit three copies of your complete submission, including the information you claim to be confidential business information, to the Office of the Chief Counsel, NHTSA, at the address given above under FOR FURTHER INFORMATION CONTACT. In addition, you may submit a copy (two copies if submitting by mail or hand delivery), from which you have deleted the claimed confidential business information, to the docket by one of the methods given above under ADDRESSES. When you send a comment containing information claimed to be confidential business information, you should include a cover letter setting forth the information specified in NHTSA’s confidential business information regulation (49 CFR Part 512). TKELLEY on DSK3SPTVN1PROD with PROPOSALS Will the agency consider late comments? NHTSA will consider all comments received before the close of business on the comment closing date indicated above under DATES. To the extent possible, the agency will also consider comments received after that date. How can I read the comments submitted by other people? You may read the comments received at the address given above under Comments. The hours of the docket are indicated above in the same location. You may also see the comments on the Internet, identified by the docket number at the heading of this notice, at https://www.regulations.gov. Please note that, even after the comment closing date, NHTSA will continue to file relevant information in the docket as it becomes available. Further, some people may submit late comments. Accordingly, the agency recommends that you periodically check the docket for new material. Anyone is able to search the electronic form of all comments received into any of our dockets by the VerDate Mar<15>2010 17:23 Jun 25, 2013 Jkt 229001 name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78) or you may visit https:// www.dot.gov/privacy.html. Issued in Washington, DC, on: June 19, 2013 under authority delegated in 49 CFR 1.95. Christopher J. Bonanti, Associate Administrator for Rulemaking. [FR Doc. 2013–15208 Filed 6–21–13; 11:15 am] BILLING CODE 4910–59–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Parts 223 and 224 [Docket No. 130501429–3429–01] RIN 0648–XC659 Endangered and Threatened Wildlife; Proposed Rule To Revise the Code of Federal Regulations for Species Under the Jurisdiction of the National Marine Fisheries Service National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule. AGENCY: We, NMFS, announce proposed revisions to the Code of Federal Regulations (CFR) to clarify and update the descriptions of species under NMFS’ jurisdiction that are currently listed as threatened or endangered under the Endangered Species Act of 1973 (ESA). Revisions include format changes to our lists of threatened and endangered species, revisions to regulatory language explaining our lists, updates to the descriptions of certain listed West Coast salmonid species to add or remove hatchery stocks consistent with our recently completed five-year reviews under ESA section 4(c)(2), and corrections to regulatory text to fix inadvertent errors from previous rulemakings and update crossreferences. We do not propose to add or remove any species to or from our lists, change the status of any listed species, or add or revise any critical habitat designation. SUMMARY: Comments and information regarding the proposed revisions must be received (See ADDRESSES) no later DATES: PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 than 5 p.m. Pacific Time on August 26, 2013. ADDRESSES: You may submit comments, information, or data, identified by the code NOAA–NMFS–2013–0100 by any one of the following methods: • Electronic Submissions: Submit all electronic comments via the Federal eRulemaking Portal. Go to www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20130100, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Office of Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: For further information regarding this notice contact Maggie Miller, NMFS, Office of Protected Resources (301) 427–8403; for information on the 5-year status reviews of Pacific salmonids, contact Steve Stone, NMFS, Northwest Region (503) 231–2317. Copies of the 5-year status reviews can be found on our Web sites at https://www.nmfs.noaa.gov/pr/listing/ reviews.htm and https:// www.nwr.noaa.gov. SUPPLEMENTARY INFORMATION: Background Section 4 of the ESA provides for both NMFS and the U.S. Fish and Wildlife Service (FWS) to make determinations as to the endangered or threatened status of ‘‘species’’ in response to petitions or on their own initiative. In accordance with the ESA, we (NMFS) make determinations as to the threatened or endangered status of species by regulation. These regulations provide the text for each species listing and include the content required by the ESA Section 4(c)(1). We enumerate and maintain a list of species under our jurisdiction which we have determined to be threatened or endangered at 50 E:\FR\FM\26JNP1.SGM 26JNP1 TKELLEY on DSK3SPTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Proposed Rules CFR 223.102 (threatened species) and 50 CFR 224.101 (endangered species) (hereafter referred to as the ‘‘NMFS Lists’’). The FWS maintains two master lists of all threatened and endangered species, i.e., both species under NMFS’ jurisdiction and species under FWS’ jurisdiction (the ‘‘FWS Lists’’) at 50 CFR 17.11 (threatened and endangered animals) and 50 CFR 17.12 (threatened and endangered plants). The term ‘‘species’’ for listing purposes under the ESA includes the following entities: species, subspecies, and, for vertebrates only, ‘‘distinct population segments (DPSs).’’ Pacific salmon are listed as ‘‘evolutionarily significant units (ESUs),’’ which are essentially equivalent to DPSs for the purpose of the ESA. For West Coast salmon and steelhead, many of the ESU and DPS descriptions include fish originating from specific artificial propagation programs (e.g., hatcheries) that, along with their naturally-produced counterparts, are included as part of the listed species. We recently completed a 5-year review of the status of ESA-listed salmon ESUs and steelhead DPSs in California (76 FR 50447, August 15, 2011; and 76 FR 76386, December 7, 2011) and in Oregon, Idaho, and Washington (76 FR 50448; August 15, 2011). The ESA requires this regular review of listed species to determine whether a species should be delisted, reclassified, or whether the current classification should be retained (16 U.S.C. 1533(c)(2)). As a result of our review, we identified several errors, omissions, and updates that warrant revising the NMFS and FWS Lists for the sake of accuracy and improved readability. We also identified crossreferencing errors in our regulations at 50 CFR 223. In addition, we are taking advantage of this proposed rule to correct or clarify text and update the list formats for all species under NMFS’ jurisdiction. Below we summarize the proposed revisions. In the regulatory text at the end of this Federal Register notice are (1) tables with the revised format depicting the NMFS Lists with the full text of the species’ descriptions that we propose to update with this notice, and (2) the full text of proposed corrections and clarifications to our regulations at 50 CFR 223. After considering public comments on these proposed revisions, we will finalize this proposed rule and then coordinate with the FWS to ensure that the changes are reflected in the FWS Lists at 50 CFR 17.11 and 17.12. VerDate Mar<15>2010 16:30 Jun 25, 2013 Jkt 229001 Proposed Revisions to the NMFS Lists General Changes for Improved Consistency and Accuracy Endangered Species Table: For consistency, we propose to combine the separate tables and paragraphs in 50 CFR 224.101 into one table, as we have done for the threatened species table at 50 CFR 223.102. Introductory Text: We propose adding text to both 50 CFR parts 223 and 224 introducing the table format for the NMFS Lists and explaining the categories of information presented in the tables. This will make the NMFS regulations more consistent with the FWS regulations and will aid the reader in understanding the information presented. Order of Species’ Names: We propose to reorder the species’ entries alphabetically in both NMFS Lists based on the species’ common name and to remove the numbering system currently used in the NMFS table of threatened species. For example, the current entry in the threatened species list at 50 CFR 223.102, ‘‘(a)(23) Puget Sound steelhead DPS,’’ will be identified as ‘‘Steelhead (Puget Sound DPS)’’ and will come after ‘‘Salmon’’ but before ‘‘Sturgeon.’’ This will make it easier to search our lists for species of interest and is consistent with the format of the FWS Lists. If the species has no common name, it will be listed alphabetically based on its scientific name. The numbering has not provided a benefit and has made it more complicated to add or delist species. ESA Rules: In the NMFS Lists, we propose to add a new ‘‘ESA rules’’ column similar to the ‘‘Special rules’’ column used in the FWS Lists. This new column will provide a cross-reference to ESA rules applicable to the species, such as protective regulations for threatened species. Citations for Listing Determinations: Currently, the column entitled ‘‘Citation(s) for listing determination(s)’’ provides, for some species, a cite to the first page of the Federal Register notice containing the listing determination and, for other species, a cite to the page containing the regulatory text for that species. We are standardizing the information provided in this column so that all citations identify the first page of the relevant Federal Register notice. Critical Habitat Citations: In both NMFS Lists, we propose to change the entries under the ‘‘Citation(s) for critical habitat designation(s)’’ column to refer to the specific section in 50 CFR 226 (instead of the Federal Register notice) where the critical habitat description is found. Doing so will provide a more direct reference to the applicable PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 38271 regulatory text and maps designating critical habitat and ensure that citations track the most up-to-date descriptions of designated areas. We also propose to shorten the column heading to ‘‘Critical habitat.’’ Description of Listed Entity: In both NMFS Lists, we propose to change the ‘‘Where listed’’ column to ‘‘Description of listed entity.’’ As currently used, the ‘‘Where listed’’ column contains both substantive information, for example, descriptions of ESUs/DPSs, and nonsubstantive information, such as the range where the species may normally be found. To avoid confusion, the ‘‘Description of listed entity’’ column will now include only information that is necessary to identify the listed entity that constitutes the ‘‘species’’ for purposes of the ESA. Accordingly, the ‘‘Description of listed entity’’ column will explain whether the listed entity is an entire taxonomic species, a subspecies, or a DPS and will provide a description for DPSs. Information regarding the general geographic range of a listed species may still be found in the Federal Register notice designating that species for listing and referenced in the ‘‘Citations for listing determination(s)’’ column. Additionally, we have standardized the descriptions for each species. For example, current DPS descriptions use varying terminology, such as ‘‘spawned in,’’ ‘‘from,’’ or ‘‘hatched in,’’ to indicate that animals born within a given geographic area comprise the DPS. We propose standardizing our terminology by consistently using the phrase ‘‘originating from,’’ to describe the composition of such DPSs, unless different wording is necessary for accuracy. One specific change for listed steelhead populations is to clarify that steelhead DPSs include ‘‘all naturally spawned anadromous O. mykiss (steelhead) originating below natural and manmade impassable barriers.’’ Endangered Species at 50 CFR 224.101 Revisions to Endangered Species Descriptions Below we summarize the primary proposed revisions to the descriptions of our endangered species listed in 50 CFR 224.101. Based on our recently completed 5-year reviews of the status of ESA-listed salmon ESUs and steelhead DPSs in California, Oregon, Idaho, and Washington (see https:// www.nmfs.noaa.gov/pr/listing/ reviews.htm and https:// www.nwr.noaa.gov for status review documents), some of the descriptions of our endangered species must be revised to take into account the addition or E:\FR\FM\26JNP1.SGM 26JNP1 38272 Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Proposed Rules termination of specific artificial propagation programs which contribute individuals to that ESU or DPS. These are identified as ‘‘key changes.’’ The addition or termination of these artificial propagation programs does not constitute a listing or delisting of an ESU or DPS, but simply a revision to reflect the actual current composition of the listed ESU or DPS. Other changes to the descriptions include standardization of terminology to improve consistency and accuracy in our listings. Where a ‘‘key change’’ is not indicated for a specific revised listing description, then the only change to the description is for standardization of terminology. Salmon, Chinook (Sacramento River Winter-Run ESU) We propose to revise this description to read: ‘‘Naturally spawned winter-run Chinook salmon originating from the Sacramento River and its tributaries. Also, winter-run Chinook salmon from one artificial propagation program: the Livingston Stone National Fish Hatchery.’’ The key change proposed for this ESU is: One artificial propagation program has been terminated (the captive broodstock program maintained at Livingston Stone National Fish Hatchery and the University of California Bodega Marine Laboratory) and is being removed from the list of artificial propagation programs that are part of this ESU. TKELLEY on DSK3SPTVN1PROD with PROPOSALS Salmon, Chinook (Upper Columbia River Spring-Run ESU) We propose to revise this description to read: ‘‘Naturally spawned spring-run Chinook salmon originating from Columbia River tributaries upstream of the Rock Island Dam and downstream of Chief Joseph Dam (excluding the Okanogan River subbasin). Also, springrun Chinook salmon from six artificial propagation programs: The Twisp River Program; Chewuch River Program; Methow Program; Winthrop National Fish Hatchery Program; Chiwawa River Program; and the White River Program.’’ Salmon, Sockeye (Snake River ESU) We propose to revise this description to read: ‘‘Naturally spawned anadromous and residual sockeye salmon originating from the Snake River basin. Also, sockeye salmon from one artificial propagation program: The Redfish Lake Captive Broodstock Program.’’ Threatened Species at 50 CFR 223.102 Revisions to Threatened Species Descriptions Below we summarize the primary proposed revisions to the descriptions VerDate Mar<15>2010 16:30 Jun 25, 2013 Jkt 229001 of our threatened species listed in 50 CFR 223.102. Based on our recently completed 5-year reviews of the status of ESA-listed salmon ESUs and steelhead DPSs in California, Oregon, Idaho, and Washington (see https:// www.nmfs.noaa.gov/pr/listing/ reviews.htm and https:// www.nwr.noaa.gov for status review documents), some of the descriptions of our threatened species must be revised to take into account the addition or termination of specific artificial propagation programs which contribute individuals to that ESU or DPS. These are identified as ‘‘key changes.’’ The addition or termination of these artificial propagation programs does not constitute a listing or delisting of an ESU or DPS, but simply a revision to the composition of the listed ESU or DPS. Other changes to the descriptions include standardization of terminology to improve consistency and accuracy in our listings. Where a ‘‘key change’’ is not indicated for a specific revised listing description, then the only change to the description is for standardization of terminology. Eulachon (Southern DPS) We propose to revise this description to read: ‘‘Eulachon originating from the Skeena River in British Columbia south to and including the Mad River in northern California.’’ This is consistent with the description of this DPS provided in our original listing determination (75 FR 13012), however the description was inadvertently omitted from the current NMFS list in the CFR. Salmon, Chinook (California Coastal ESU) We propose to revise this description to read: ‘‘Naturally spawned Chinook salmon originating from rivers and streams south of the Klamath River to and including the Russian River.’’ The key changes proposed for this ESU include: Seven artificial propagation programs have been terminated (the Humboldt Fish Action Council (Freshwater Creek), Yager Creek, Redwood Creek, Hollow Tree, Van Arsdale Fish Station, Mattole Salmon Group, and Mad River Hatchery fall-run Chinook hatchery programs) and are being removed from the list of artificial propagation programs that are part of this ESU. Salmon, Chinook (Lower Columbia River ESU) We propose to revise this description to read: ‘‘Naturally spawned Chinook salmon originating from the Columbia River and its tributaries downstream of PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 a transitional point east of the Hood and White Salmon Rivers, and any such fish originating from the Willamette River and its tributaries below Willamette Falls. Not included in this ESU are: (1) Spring-run Chinook salmon originating from the Clackamas River; (2) fall-run Chinook salmon originating from Upper Columbia River Bright hatchery stocks that spawn in the mainstem Columbia River below Bonneville Dam and in other tributaries upstream from the dam to the Hood and White Salmon Rivers; (3) spring-run Chinook salmon originating from the Round Butte Hatchery (Deschutes River, Oregon) and spawning in the Hood River; (4) springrun Chinook salmon originating from the Carson National Fish Hatchery and spawning in the Wind River; and (5) naturally spawning Chinook salmon originating from the Rogue River Fall Chinook Program. This ESU does include Chinook salmon from 20 artificial propagation programs: The Sea Resources Tule Chinook Program; Big Creek Tule Chinook Program; Astoria High School Salmon-Trout Enhancement Program (STEP) Tule Chinook Program; Warrenton High School STEP Tule Chinook Program; Cowlitz Tule Chinook Program; North Fork Toutle Tule Chinook Program; Kalama Tule Chinook Program; Washougal River Tule Chinook Program; Spring Creek National Fish Hatchery (NFH) Tule Chinook Program; Cowlitz Spring Chinook Programs in the Upper Cowlitz River and the Cispus River; Friends of the Cowlitz Spring Chinook Program; Kalama River Spring Chinook Program; Lewis River Spring Chinook Program; Fish First Spring Chinook Program; Sandy River Hatchery (Oregon Department of Fish and Wildlife Stock #11); Deep River Net Pens Tule Fall Chinook Program; Klaskanine Hatchery Tule Fall Chinook Program; Bonneville Hatchery Tule Fall Chinook Program; and the Little White Salmon NFH Tule Fall Chinook Program.’’ The key changes proposed for this ESU include: (1) The Elochoman River Tule Chinook Program has been terminated (the last adult returns will be in 2013) and is being removed from the list of artificial propagation programs that are part of this ESU; (2) four new programs (Deep River Net Pens Tule Fall Chinook, Klaskanine Hatchery Tule Fall Chinook, Bonneville Hatchery Tule Fall Chinook, and Little White Salmon National Fish Hatchery Tule Fall Chinook programs) are now considered part of this ESU; and (3) clarifications— first reported at the time of listing (64 FR 14308; March 24, 1999)—about the status of non-ESU Chinook salmon that E:\FR\FM\26JNP1.SGM 26JNP1 Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Proposed Rules are known to spawn within the range of the Lower Columbia River ESU. TKELLEY on DSK3SPTVN1PROD with PROPOSALS Salmon, Chinook (Puget Sound ESU) We propose to revise this description to read: ‘‘Naturally spawned Chinook salmon originating from rivers flowing into Puget Sound from the Elwha River (inclusive) eastward, including rivers in Hood Canal, South Sound, North Sound and the Strait of Georgia. Also, Chinook salmon from 27 artificial propagation programs: The Kendall Creek Hatchery Program; Marblemount Hatchery Program (spring yearlings, spring subyearlings, and summer-run); Harvey Creek Hatchery Program (summer-run and fall-run); Whitehorse Springs Pond Program; Wallace River Hatchery Program (yearlings and subyearlings); Tulalip Bay Program; Issaquah Hatchery Program; Soos Creek Hatchery Program; Icy Creek Hatchery Program; Keta Creek Hatchery Program; White River Hatchery Program; White Acclimation Pond Program; Hupp Springs Hatchery Program; Voights Creek Hatchery Program; Diru Creek Program; Clear Creek Program; Kalama Creek Program; George Adams Hatchery Program; Rick’s Pond Hatchery Program; Hamma Hamma Hatchery Program; Dungeness/ Hurd Creek Hatchery Program; Elwha Channel Hatchery Program; and the Skookum Creek Hatchery Spring-run Program.’’ The key changes proposed for this ESU include: (1) The Marblemount Hatchery fall Chinook program has been terminated (the last adult returns will be in 2013) and is being removed from the list of artificial propagation programs that are part of this ESU; and (2) two new programs (Skookum Creek Hatchery spring-run Chinook and Harvey Creek Hatchery fall-run Chinook) are now considered part of this ESU. Salmon, Chinook (Snake River Fall-Run ESU) We propose to revise this description to read: ‘‘Naturally spawned fall-run Chinook salmon originating from the mainstem Snake River below Hells Canyon Dam and from the Tucannon River, Grande Ronde River, Imnaha River, Salmon River, and Clearwater River subbasins. Also, fall-run Chinook salmon from four artificial propagation programs: The Lyons Ferry Hatchery Program; Fall Chinook Acclimation Ponds Program; Nez Perce Tribal Hatchery Program; and the Oxbow Hatchery Program.’’ Salmon, Chinook (Snake River Spring/ Summer-Run ESU) We propose to revise this description to read: ‘‘Naturally spawned spring/ VerDate Mar<15>2010 16:30 Jun 25, 2013 Jkt 229001 summer-run Chinook salmon originating from the mainstem Snake River and the Tucannon River, Grande Ronde River, Imnaha River, and Salmon River subbasins. Also, spring/summerrun Chinook salmon from 11 artificial propagation programs: The Tucannon River Program; Lostine River Program; Catherine Creek Program; Lookingglass Hatchery Program; Upper Grande Ronde Program; Imnaha River Program; Big Sheep Creek Program; McCall Hatchery Program; Johnson Creek Artificial Propagation Enhancement Program; Pahsimeroi Hatchery Program; and the Sawtooth Hatchery Program.’’ The key changes proposed for this ESU include: (1) Three artificial propagation programs (Lemhi River Captive Rearing Experiment Program, East Fork Captive Rearing Experiment Program, and West Fork Yankee Fork Captive Rearing Experiment Program) have been terminated (the last adult returns were in 2009) and are being removed from the list of programs that are part of this ESU; and (2) three captive broodstock programs (Tucannon River, Lostine River, and Catherine Creek) are transitioning to naturally returning fish but will remain as artificial propagation programs that are part of the ESU. Salmon, Chinook (Upper Willamette River ESU) We propose to revise this description to read: ‘‘Naturally spawned spring-run Chinook salmon originating from the Clackamas River and from the Willamette River and its tributaries above Willamette Falls. Also, spring-run Chinook salmon from six artificial propagation programs: The McKenzie River Hatchery Program (Oregon Department of Fish and Wildlife (ODFW) Stock #23); Marion Forks Hatchery/North Fork Santiam River Program (ODFW Stock #21); South Santiam Hatchery Program (ODFW Stock #24) in the South Fork Santiam River and Mollala River; Willamette Hatchery Program (ODFW Stock #22); and the Clackamas Hatchery Program (ODFW Stock #19).’’ The key changes proposed for this ESU include: (1) The South Santiam Hatchery Program (ODFW Stock #24) in the Calapooia River has been terminated (the last adult returns were in 2008) and is being removed from the list of artificial propagation programs that are part of this ESU; and (2) two hatchery stock identification numbers (ODFW Stocks #23 and #24) were incorrectly identified in the NMFS regulations and are now correctly assigned to the appropriate artificial propagation programs. PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 38273 Salmon, Chum (Columbia River ESU) We propose to revise this description to read: ‘‘Naturally spawned chum salmon originating from the Columbia River and its tributaries in Washington and Oregon. Also, chum salmon from three artificial propagation programs: The Chinook River Program (Sea Resources Hatchery); Grays River Program; and the Washougal River Hatchery/Duncan Creek Hatchery Program.’’ Salmon, Chum (Hood Canal SummerRun ESU) We propose to revise this description to read: ‘‘Naturally spawned summerrun chum salmon originating from Hood Canal and its tributaries as well as from Olympic Peninsula rivers between Hood Canal and Dungeness Bay (inclusive). Also, summer-run chum salmon from four artificial propagation programs: The Hamma Hamma Fish Hatchery Program; Lilliwaup Creek Fish Hatchery Program; Tahuya River Program; and the Jimmycomelately Creek Fish Hatchery Program.’’ The key changes proposed for this ESU include: (1) Four artificial propagation programs (Quilcene National Fish Hatchery, Big Beef Creek Fish Hatchery, Salmon Creek Fish Hatchery, and Chimacum Creek Fish Hatchery) have been terminated (the last adult returns were in 2008) and are being removed from the list of programs that are part of this ESU; and (2) the Union River program (originally part of a combined Union River/Tahuya River program) has been terminated leaving just the Tahuya River program as part of the ESU. Salmon, Coho (Lower Columbia River ESU) We propose to revise this description to read: ‘‘Naturally spawned coho salmon originating from the Columbia River and its tributaries downstream from the Big White Salmon and Hood Rivers (inclusive) and any such fish originating from the Willamette River and its tributaries below Willamette Falls. Also, coho salmon from 23 artificial propagation programs: The Grays River Program; Sea Resources Hatchery Program; Peterson Coho Project; Big Creek Hatchery Program (Oregon Department of Fish and Wildlife (ODFW) Stock #13); Astoria High School Salmon-Trout Enhancement Program (STEP) Coho Program; Warrenton High School STEP Coho Program; Cathlamet High School Future Farmers of America Type-N Coho Program; Cowlitz Type-N Coho Program in the Upper and Lower Cowlitz Rivers; Cowlitz Game and E:\FR\FM\26JNP1.SGM 26JNP1 38274 Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Proposed Rules Anglers Coho Program; Friends of the Cowlitz Coho Program; North Fork Toutle River Hatchery Program; Kalama River Type-N Coho Program; Kalama River Type-S Coho Program; Lewis River Type-N Coho Program; Lewis River Type-S Coho Program; Fish First Wild Coho Program; Fish First Type-N Coho Program; Syverson Project Type-N Coho Program; Washougal River Type-N Coho Program; Eagle Creek National Fish Hatchery Program; Sandy Hatchery Program (ODFW Stock #11); and the Bonneville/Cascade/Oxbow Complex (ODFW Stock #14) Hatchery Program.’’ The key changes proposed for this ESU include: (1) The Elochoman Type-S and Type-N Coho programs have been terminated (the last adult returns were in 2010) and are being removed from the list of artificial propagation programs that are part of this ESU; and (2) one program (Washougal River Type-N Coho Program) was inadvertently omitted from the list of artificial propagation programs and is now being identified as part of this ESU. Steelhead (Central California Coast DPS) We propose to revise this description to read: ‘‘Naturally spawned anadromous O. mykiss (steelhead) originating below natural and manmade impassable barriers from the Russian River to and including Aptos Creek, and all drainages of San Francisco and San Pablo Bays eastward to Chips Island at the confluence of the Sacramento and San Joaquin rivers. Also, steelhead from two artificial propagation programs: The Don Clausen Fish Hatchery Program, and the Kingfisher Flat Hatchery Program (Monterey Bay Salmon and Trout Project).’’ The key change proposed for this DPS involves identifying two artificial propagation programs that are part of this DPS (the Don Clausen Fish Hatchery Program, and the Kingfisher Flat Hatchery Program (Monterey Bay Salmon and Trout Project) that were identified in the Federal Register notice (71 FR 834; January 5, 2006) but were inadvertently omitted from the current NMFS List in the CFR. Salmon, Coho (Oregon Coast ESU) Steelhead (Lower Columbia River DPS) We propose to revise this description to read: ‘‘Naturally spawned anadromous O. mykiss (steelhead) originating below natural and manmade impassable barriers from rivers between the Cowlitz and Wind Rivers (inclusive) and the Willamette and Hood Rivers (inclusive); excludes such fish originating from the upper Willamette River basin above Willamette Falls. This DPS does include steelhead from seven artificial propagation programs: The Cowlitz Trout Hatchery Late Winter-run Program (Lower Cowlitz); Kalama River Wild Winter-run and Summer-run Programs; Clackamas Hatchery Late Winter-run Program (Oregon Department of Fish and Wildlife (ODFW) Stock #122); Sandy Hatchery Late Winter-run Program (ODFW Stock #11); Hood River Winter-run Program (ODFW Stock #50); and the Lewis River Wild Late-run Winter Steelhead Program.’’ The key changes proposed for this DPS include identifying artificial propagation programs that are part of this DPS that were identified in the Federal Register notice (71 FR 834; January 5, 2006) but were inadvertently omitted from the current NMFS List in the CFR. Also, based on our recent 5year review of ESA-listed salmonids (76 FR 50448; August 15, 2011), the following programs are now being included as part of this DPS: The Cowlitz Trout Hatchery Late Winter-run Program (Lower Cowlitz); Kalama River Wild Winter-run and Summer-run Programs; Clackamas Hatchery Late We propose to revise this description to read: ‘‘Naturally spawned coho salmon originating from coastal rivers south of the Columbia River and north of Cape Blanco. Also, coho salmon from one artificial propagation program: The Cow Creek Hatchery Program (Oregon Department of Fish and Wildlife Stock #18).’’ The key change proposed for this ESU is a correction to the stock identification number for the Cow Creek Hatchery Program. TKELLEY on DSK3SPTVN1PROD with PROPOSALS Steelhead (California Central Valley DPS) We propose to revise this description to read: ‘‘Naturally spawned anadromous O. mykiss (steelhead) originating below natural and manmade impassable barriers from the Sacramento and San Joaquin Rivers and their tributaries; excludes such fish originating from San Francisco and San Pablo Bays and their tributaries. This DPS does include steelhead from two artificial propagation programs: The Coleman National Fish Hatchery Program, and the Feather River Fish Hatchery Program.’’ The key change proposed for this DPS involves identifying two artificial propagation programs that are part of this DPS (the Coleman National Fish Hatchery Program and the Feather River Fish Hatchery Program) that were identified in the Federal Register notice (71 FR 834; January 5, 2006) but were inadvertently omitted from the current NMFS List in the CFR. VerDate Mar<15>2010 17:23 Jun 25, 2013 Jkt 229001 PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 Winter-run Program (Oregon Department of Fish and Wildlife (ODFW) Stock #122); Sandy Hatchery Late Winter-run Program (ODFW Stock #11); Hood River Winter-run Program (ODFW Stock #50); and the Lewis River Wild Late-run Winter Steelhead Program. Steelhead (Middle Columbia River DPS) We propose to revise this description to read: ‘‘Naturally spawned anadromous O. mykiss (steelhead) originating below natural and manmade impassable barriers from the Columbia River and its tributaries upstream of the Wind and Hood Rivers (exclusive) to and including the Yakima River; excludes such fish originating from the Snake River basin. This DPS does include steelhead from seven artificial propagation programs: The Touchet River Endemic Program; Yakima River Kelt Reconditioning Program (in Satus Creek, Toppenish Creek, Naches River, and Upper Yakima River); Umatilla River Program (Oregon Department of Fish and Wildlife (ODFW) Stock #91); and the Deschutes River Program (ODFW Stock #66). This DPS does not include steelhead that are designated as part of an experimental population.’’ The key changes proposed for this DPS include identifying artificial propagation programs that are part of this DPS that were identified in the Federal Register notice (71 FR 834; January 5, 2006) but were inadvertently omitted from the current NMFS List in the CFR. Also, based on our recent 5year review of ESA-listed salmonids (76 FR 50448; August 15, 2011), the following programs are now being included as part of this DPS: The Touchet River Endemic Program; Yakima River Kelt Reconditioning Program (in Satus Creek, Toppenish Creek, Naches River, and Upper Yakima River); Umatilla River Program (Oregon Department of Fish and Wildlife (ODFW) Stock #91); and the Deschutes River Program (ODFW Stock #66). Steelhead (Middle Columbia River DPS– XN) We recently designated a nonessential experimental population of Middle Columbia River steelhead (78 FR 2893, Jan. 15, 2013). We propose to add an entry for this experimental population onto the NMFS list to provide the public with a description of this experimental population, a citation to the Federal Register notice, and indicate ESA rules that apply to this population. We propose to add the description: ‘‘Middle Columbia River steelhead only when, and at such times as, they are found above Butte Dam.’’ E:\FR\FM\26JNP1.SGM 26JNP1 Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Proposed Rules TKELLEY on DSK3SPTVN1PROD with PROPOSALS Steelhead (Puget Sound DPS) We propose to revise this description to read: ‘‘Naturally spawned anadromous O. mykiss (steelhead) originating below natural and manmade impassable barriers from rivers flowing into Puget Sound from the Elwha River (inclusive) eastward, including rivers in Hood Canal, South Sound, North Sound and the Strait of Georgia. Also, steelhead from six artificial propagation programs: The Green River Natural Program; White River Winter Steelhead Supplementation Program; Hood Canal Steelhead Supplementation Off-station Projects in the Dewatto, Skokomish, and Duckabush Rivers; and the Lower Elwha Fish Hatchery Wild Steelhead Recovery Program.’’ The key changes proposed for this DPS include: (1) The Hamma Hamma River Hatchery program has been terminated (the last adult returns were in 2010) and is being removed from the list of artificial propagation programs that are part of this DPS; and (2) five new programs (the White River Winter Steelhead Supplementation Program, three Hood Canal Steelhead Supplementation off-station projects (Dewatto River, Skokomish River, and Duckabush River), and the Lower Elwha Fish Hatchery Wild Steelhead Recovery Program) are now considered part of this DPS. Steelhead (Snake River Basin DPS) We propose to revise this description to read: ‘‘Naturally spawned anadromous O. mykiss (steelhead) originating below natural and manmade impassable barriers from the Snake River basin. Also, steelhead from six artificial propagation programs: The Tucannon River Program; Dworshak National Fish Hatchery Program; Lolo Creek Program; North Fork Clearwater Program; East Fork Salmon River Program; and the Little Sheep Creek/ Imnaha River Hatchery Program (Oregon Department of Fish and Wildlife Stock #29).’’ The key changes proposed for this DPS include identifying artificial propagation programs that are part of this DPS that were identified in the Federal Register notice (71 FR 834; January 5, 2006) but were inadvertently omitted from the current NMFS List in the CFR. Also, based on our recent 5year review of ESA-listed salmonids (76 FR 50448; August 15, 2011), the following programs are now being included as part of this DPS: The Tucannon River Program; Dworshak National Fish Hatchery Program; Lolo Creek Program; North Fork Clearwater Program; East Fork Salmon River Program; and the Little Sheep Creek/ Imnaha River Hatchery Program (Oregon VerDate Mar<15>2010 17:23 Jun 25, 2013 Jkt 229001 Department of Fish and Wildlife Stock #29). Steelhead (Upper Columbia River DPS) We propose to revise this description to read: ‘‘Naturally spawned anadromous O. mykiss (steelhead) originating below natural and manmade impassable barriers from the Columbia River and its tributaries upstream of the Yakima River to the U.S.-Canada border. Also, steelhead from six artificial propagation programs: The Wenatchee River Program; Wells Hatchery Program (in the Methow and Okanogan Rivers); Winthrop National Fish Hatchery Program; Omak Creek Program; and the Ringold Hatchery Program.’’ Steelhead (Upper Willamette River DPS) We propose to revise this description to read: ‘‘Naturally spawned anadromous winter-run O. mykiss (steelhead) originating below natural and manmade impassable barriers from the Willamette River and its tributaries upstream of Willamette Falls to and including the Calapooia River.’’ Correcting Amendments to Agency Regulations at 50 CFR Part 223 During our review of the NMFS Lists we discovered minor errors in our regulations at 50 CFR 223, which specify the protections afforded under ESA section 4(d) to various threatened species. We are proposing to make the following revisions to correct these errors: (1) We propose to correct the grammar in our regulations at 50 CFR 223.101(a) and 50 CFR 223.201(b)(1). In 50 CFR 223.101(a) we are replacing the word ‘‘governing’’ with ‘‘govern’’ and in 50 CFR 223.201(b)(1) we are removing the phrase ’’ in accordance with the’’, which was added in error. (2) Due to an oversight that occurred when we revised our NMFS List of threatened species in 2006 (71 FR 38270; July 6, 2006), our regulations at 50 CFR 223.203 incorrectly refer to the ‘‘Marine Mammals’’ portion of our NMFS List at 50 CFR 223.102(a) when, instead, they should have referred to ‘‘Fishes’’ at 50 CFR 223.102(c). However, as we have proposed to discontinue numbering species in the threatened lists and instead sort all threatened species in the table alphabetically, all future references to the numbered salmonid listings at 50 CFR 223.102(c) will be changed to reference the entire NMFS List at ‘‘223.102.’’ Furthermore, we propose to modify the text in 50 CFR 223.203 to clarify that the regulations are specific to threatened West Coast salmon ESUs and steelhead DPSs (of the genus PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 38275 Oncorhynchus), and not applicable to other anadromous fishes (e.g., eulachon). Therefore, we propose to change the current language in the regulations from ‘‘threatened species of salmonids listed’’ to ‘‘threatened West Coast salmon ESUs and steelhead DPSs (of the genus Oncorhynchus) listed’’; (3) Our regulations at 50 CFR 223.208 currently refer to corals listed as threatened at ‘‘223.102(d)’’; however, for the reasons previously described in this notice, we propose to discontinue numbering the species in our NMFS Lists, and therefore propose to change these regulations to refer to the entire NMFS List at ‘‘223.102.’’ Similarly, our regulations at 50 CFR 223.210 and 50 CFR 223.211 currently refer to the Southern DPS of North American green sturgeon listed at ‘‘223.102(c)(1)’’ and the Southern DPS of spotted seal listed at ‘‘223.102(a)(3),’’ respectively. We propose to change these regulations to refer to the entire threatened NMFS List at ‘‘223.102.’’ References Copies of previous Federal Register notices and related reference materials are available on the Internet at https:// www.nmfs.noaa.gov/pr/listing/ reviews.htm, https://www.nwr.noaa.gov, or upon request (see FOR FURTHER INFORMATION CONTACT section above). Classification Regulatory Flexibility Act (5 U.S.C. 601 et seq.) and Executive Order 13211 This proposed rule simply updates sections 223 and 224 of the CFR with information that has already been approved or involves format changes, none of which could result in economic impacts. Therefore, the economic analysis requirements of the Regulatory Flexibility Act and Executive Order 12866 are not applicable. 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. The proposed revisions may have some benefit to state and local resource agencies in that the ESA-listed species addressed in this rulemaking are more clearly and consistently described. 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. In keeping with that Order, we are proposing revisions to our E:\FR\FM\26JNP1.SGM 26JNP1 38276 Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Proposed Rules descriptions of ESA-listed species that will improve the clarity and general draftsmanship of our regulations. 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. 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. TKELLEY on DSK3SPTVN1PROD with PROPOSALS National Environmental Policy Act of 1969 (NEPA) This proposed rule clarifies and updates the descriptions of species under NMFS’ jurisdiction that are currently listed as threatened or endangered under the ESA and thus primarily administrative in nature. As such, NMFS has determined this proposed rule is categorically excluded from further NEPA review by NOAA Administrative Order 216–6, paragraph 6.03c.3(i). No extraordinary circumstances concerning this action exist. Therefore, NMFS will not prepare an Environmental Assessment or Environmental Impacts statement for the rule. Government-to-Government Relationship With Tribes Executive Order 13084 requires that if NMFS issues a regulation that significantly or uniquely affects the communities of Indian tribal governments and imposes substantial direct compliance costs on those communities, NMFS must consult with those governments or the Federal government must provide the funds necessary to pay the direct compliance costs incurred by the tribal governments. This proposed rule does not impose substantial direct compliance costs on Indian tribal governments or communities. Accordingly, the requirements of section 3(b) of E.O. 13084 do not apply to this final rule. Nonetheless, during our 5-year review of salmon and steelhead we solicited information from the tribes, met with several tribal governments and associated tribal VerDate Mar<15>2010 16:30 Jun 25, 2013 Jkt 229001 fisheries commissions, and provided the opportunity for all interested tribes to comment on the proposed changes to the species’ status and descriptions and discuss any concerns they may have. We will continue to inform potentially affected tribal governments, solicit their input, and coordinate on future management actions pertaining to the listed species addressed in this proposed rule. List of Subjects 50 CFR Part 223 Endangered and threatened species, Exports, Imports, Transportation. 50 CFR Part 224 Administrative practice and procedure, Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation. Dated: June 18, 2013. 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, 50 CFR part 223 is proposed to be amended as follows: PART 223—THREATENED MARINE AND ANADROMOUS SPECIES 1. The authority citation for part 223 continues to read as follows: ■ Authority: 16 U.S.C. 1531–1543; subpart B, § 223.201–202 also issued under 16 U.S.C. 1361 et seq.; 16 U.S.C. 5503(d) for § 223.206(d)(9). 2. Revise § 223.101 paragraph (a) to read as follows: ■ § 223.101 Purpose and scope. (a) The regulations contained in this part identify the species under the jurisdiction of the Secretary of Commerce that have been determined to be threatened species pursuant to section 4(a) of the Act, and provide for the conservation of such species by establishing rules and procedures to govern activities involving the species. * * * * * ■ 3. Revise § 223.102 to read as follows: § 223.102 Enumeration of threatened marine and anadromous species. (a) The table below identifies the species under the jurisdiction of the Secretary of Commerce that have been determined to be threatened pursuant to section 4(a) of the Act, as well as species treated as threatened because they are sufficiently similar in appearance to PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 threatened species, and experimental populations of threatened species. (b) The columns entitled ‘‘Common name,’’ ‘‘Scientific name,’’ and ‘‘Description of listed entity’’ define the species within the meaning of the Act. In the ‘‘Common name’’ column, experimental populations are identified as ‘‘XE’’ for essential populations or ‘‘XN’’ for nonessential populations. Species listed based on similarity of appearance are identified as ‘‘S/A.’’ Although a column for ‘‘Common name’’ is included, common names cannot be relied upon for identification of any specimen, because they may vary greatly in local usage. The ‘‘Scientific name’’ column provides the most recently accepted scientific name, relying to the extent practicable on the International Code of Zoological Nomenclature. In cases in which confusion might arise, a synonym(s) will be provided in parentheses. The ‘‘Description of listed entity’’ column identifies whether the listed entity comprises the entire species, a subspecies, or a distinct population segment (DPS) and provides a description for any DPSs. Unless otherwise indicated in the ‘‘Description of listed entity’’ column, all individual members of the listed entity and their progeny retain their listing status wherever found, including individuals in captivity. Information regarding the general range of the species, subspecies, or DPS may be found in the Federal Register notice cited in the ‘‘Citation(s) for listing determination(s)’’ column. (c) The ‘‘Citation(s) for listing determination(s)’’ column provides reference to the Federal Register notice(s) determining the species’ status under the Act. The abbreviation ‘‘(SPR)’’ (significant portion of its range) after a citation indicates that the species was listed based on its status in a significant portion of its range. If a citation does not include the ‘‘(SPR)’’ notation, it means that the species was listed based on its status throughout its entire range. For ‘‘(SPR)’’ listings, a geographical description of the SPR may be found in the referenced Federal Register notice. The ‘‘(SPR)’’ notation serves an informational purpose only and does not imply any limitation on the application of the prohibitions or restrictions of the Act or implementing rules. (d) The ‘‘Critical habitat’’ and ‘‘ESA rules’’ columns provide cross-references to other sections in this part and part 226. The term ‘‘NA’’ appearing in either of these columns indicates that there are no critical habitat designations or ESA rules for that species. However, all other applicable rules in parts 222 through E:\FR\FM\26JNP1.SGM 26JNP1 38277 Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Proposed Rules 226 and part 402 still apply to that species. Also, there may be other rules in this title that relate to such wildlife. The ‘‘ESA rules’’ column is not intended to list all Federal, state, tribal, or local governmental regulations that may apply to the species. (e) The threatened species under the jurisdiction of the Secretary of Commerce are: Species 1 Citation(s) for listing determination(s) Critical habitat ESA rules Common name Scientific name Description of listed entity Marine Mammals: Sea lion, Steller (Eastern DPS). Eumetopias jubatus ............... Steller sea lions born in the wild east of 144° W. Long. Also, Steller sea lions born in captivity whose mother was born in the wild east of 144° W. Long., and progeny of these captives. Entire subspecies ................................................................................... 55 FR 13488, Apr 10, 1990; 62 FR 24345, May 5, 1997. 226.202 223.202, 226.202 77 FR 76706, Dec 28, 2012 .. NA NA Entire subspecies ................................................................................... 77 FR 76706, Dec 28, 2012 .. NA NA Bearded seals originating from breeding areas in the Arctic Ocean and adjacent seas in the Pacific Ocean between 145° E. Long. (Novosibirskiye) and 130° W. Long., and east of 157° E. Long or east of the Kamchatka Peninsula. Bearded seals originating from breeding areas in the Pacific Ocean west of 157° E. Long. or west of the Kamchatka Peninsula. Entire species ......................................................................................... Entire subspecies ................................................................................... 77 FR 76740, Dec 28, 2012 .. NA NA 77 FR 76740, Dec 28, 2012 .. NA NA 50 FR 51252, Dec 16, 1985 .. 77 FR 76706, Dec 28, 2012 .. NA NA 223.201 NA Spotted seals originating from breeding areas in the Pacific Ocean south of 43° N. Lat. 75 FR 65239, Oct 22, 2010 ... NA 223.211 Chelonia mydas ..................... Entire species, except when listed as endangered under § 224.101 .... 43 FR 32800, Jul 28, 1978 .... 226.208 Caretta caretta ....................... Loggerhead sea turtles originating from the Northwest Atlantic Ocean west of 40° W. Long. 76 FR 58868, Sep 22, 2011 .. NA Caretta caretta ....................... Loggerhead sea turtles originating from the South Atlantic Ocean west of 20° E. Long. and east of 67° W. Long. 76 FR 58868, Sep 22, 2011 .. NA Caretta caretta ....................... Loggerhead sea turtles originating from the Southeast Indian Ocean east of 80° E. Long. and from the South Pacific Ocean west of 141° E. Long. Loggerhead sea turtles originating from the Southwest Indian Ocean west of 80° E. Long., and east of 20° E. Long. 76 FR 58868, Sep 22, 2011 .. NA 76 FR 58868, Sep 22, 2011 .. NA Lepidochelys olivacea ............ Entire species, except when listed as endangered under § 224.101 .... 43 FR 32800, Jul 28, 1978 .... NA 223.205, 223.206, 223.207 223.205, 223.206, 223.207 223.205, 223.206, 223.207 223.205, 223.206, 223.207 223.205, 223.206, 223.207 223.205, 223.206, 223.207 Thaleichthys pacificus ............ Eulachon originating from the Skeena River in British Columbia south to and including the Mad River in northern California. Canary rockfish originating from Puget Sound and the Georgia Basin 75 FR 13012, Mar 18, 2010 .. 226.222 NA 75 FR 22276, Apr 28, 2010 ... NA NA Sebastes ruberrimus .............. Yelloweye rockfish originating from Puget Sound and the Georgia Basin. 75 FR 22276, Apr 28, 2010 ... NA NA Oncorhynchus tshawytscha ... Naturally spawned Chinook salmon originating from rivers and streams south of the Klamath River to and including the Russian River. Naturally spawned spring-run Chinook salmon originating from the Sacramento River and its tributaries. Also, spring-run Chinook salmon from the Feather River Hatchery spring-run Chinook Program. Naturally spawned Chinook salmon originating from the Columbia River and its tributaries downstream of a transitional point east of the Hood and White Salmon Rivers, and any such fish originating from the Willamette River and its tributaries below Willamette Falls. Not included in this DPS are: (1) Spring-run Chinook salmon originating from the Clackamas River; (2) fall-run Chinook salmon originating from Upper Columbia River Bright hatchery stocks, that spawn in the mainstem Columbia River below Bonneville Dam and in other tributaries upstream from the dam to the Hood and White Salmon Rivers; (3) spring-run Chinook salmon originating from the Round Butte Hatchery (Deschutes River, Oregon) and spawning in the Hood River; (4) spring-run Chinook salmon originating from the Carson National Fish hatchery and spawning in the Wind River; and (5) naturally spawning Chinook salmon originating from the Rogue River Fall Chinook Program. This DPS does include Chinook salmon from 20 artificial propagation programs: The Sea Resources Tule Chinook Program; Big Creek Tule Chinook Program; Astoria High School Salmon-Trout Enhancement Program (STEP) Tule Chinook Program; Warrenton High School STEP Tule Chinook Program; Cowlitz Tule Chinook Program; North Fork Toutle Tule Chinook Program; Kalama Tule Chinook Program; Washougal River Tule Chinook Program; Spring Creek National Fish Hatchery (NFH) Tule Chinook Program; Cowlitz Spring Chinook Program in the Upper Cowlitz River and the Cispus River; Friends of the Cowlitz Spring Chinook Program; Kalama River Spring Chinook Program; Lewis River Spring Chinook Program; Fish First Spring Chinook Program; Sandy River Hatchery (Oregon Department of Fish and Wildlife Stock #11); Deep River Net Pens Tule Fall Chinook Program; Klaskanine Hatchery Tule Fall Chinook Program; Bonneville Hatchery Tule Fall Chinook Program; and the Little White Salmon NFH Tule Fall Chinook Program. 70 FR 37160, Jun 28, 2005 ... 226.211 223.203 70 FR 37160, Jun 28, 2005 ... 226.211 223.203 70 FR 37160, Jun 28, 2005 ... 226.212 223.203 Seal, Arctic ringed ........... Seal, Baltic ringed ............ Seal, bearded (Beringia DPS). Seal, bearded (Okhotsk DPS). Seal, Guadalupe fur ......... Seal, Okhotsk ringed ....... Seal, spotted (Southern DPS). Sea Turtles: 2 Sea turtle, green .............. Sea turtle, loggerhead (Northwest Atlantic Ocean DPS) Sea turtle, loggerhead (South Atlantic Ocean DPS) Sea turtle, loggerhead (Southeast Indo-Pacific Ocean DPS) Sea turtle, loggerhead (Southwest Indian Ocean DPS) Sea turtle, olive ridley ...... Fishes: Eulachon (Southern DPS) Phoca (=Pusa) hispida hispida. Phoca (=Pusa) hispida botnica. Erignathus barbatus nauticus Erignathus barbatus nauticus Arctocephalus townsendi ....... Phoca (=Pusa) hispida ochotensis. Phoca largha .......................... Caretta caretta ....................... Sebastes pinniger .................. Salmon, Chinook (Central Valley spring-run ESU). Oncorhynchus tshawytscha ... Salmon, Chinook (Lower Columbia River ESU) TKELLEY on DSK3SPTVN1PROD with PROPOSALS Rockfish, canary (Puget Sound/Georgia Basin DPS). Rockfish, yelloweye (Puget Sound/Georgia Basin DPS). Salmon, Chinook (California Coastal ESU). Oncorhynchus tshawytscha ... VerDate Mar<15>2010 16:30 Jun 25, 2013 Jkt 229001 PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 E:\FR\FM\26JNP1.SGM 26JNP1 38278 Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Proposed Rules Species 1 Scientific name Description of listed entity Salmon, Chinook (Puget Sound ESU). Oncorhynchus tshawytscha ... Salmon, Chinook (Snake River fall-run ESU). Oncorhynchus tshawytscha ... Salmon, Chinook (Snake River spring/summerrun ESU). Oncorhynchus tshawytscha ... Salmon, Chinook (Upper Willamette River ESU). Oncorhynchus tshawytscha ... Salmon, chum (Columbia River ESU). Oncorhynchus keta ................ Salmon, chum (Hood Canal summer-run ESU). Oncorhynchus keta ................ Salmon, coho (Lower Columbia River ESU). Oncorhynchus kisutch ............ Salmon, coho (Oregon Coast ESU). TKELLEY on DSK3SPTVN1PROD with PROPOSALS Common name Oncorhynchus kisutch ............ Salmon, coho (Southern Oregon/Northern California Coast ESU). Oncorhynchus kisutch ............ Salmon, sockeye (Ozette Lake ESU). Oncorhynchus nerka .............. Naturally spawned Chinook salmon originating from rivers flowing into Puget Sound from the Elwha River (inclusive) eastward, including rivers in Hood Canal, South Sound, North Sound and the Strait of Georgia. Also, Chinook salmon from 27 artificial propagation programs: The Kendall Creek Hatchery Program; Marblemount Hatchery Program (spring yearlings, spring subyearlings, and summerrun); Harvey Creek Hatchery Program (summer-run and fall-run); Whitehorse Springs Pond Program; Wallace River Hatchery Program (yearlings and subyearlings); Tulalip Bay Program; Issaquah Hatchery Program; Soos Creek Hatchery Program; Icy Creek Hatchery Program; Keta Creek Hatchery Program; White River Hatchery Program; White Acclimation Pond Program; Hupp Springs Hatchery Program; Voights Creek Hatchery Program; Diru Creek Program; Clear Creek Program; Kalama Creek Program; George Adams Hatchery Program; Rick’s Pond Hatchery Program; Hamma Hamma Hatchery Program; Dungeness/Hurd Creek Hatchery Program; Elwha Channel Hatchery Program; and the Skookum Creek Hatchery Spring-run Program. Naturally spawned fall-run Chinook salmon originating from the mainstem Snake River below Hells Canyon Dam and from the Tucannon River, Grande Ronde River, Imnaha River, Salmon River, and Clearwater River subbasins. Also, fall-run Chinook salmon from four artificial propagation programs: The Lyons Ferry Hatchery Program; Fall Chinook Acclimation Ponds Program; Nez Perce Tribal Hatchery Program; and the Oxbow Hatchery Program. Naturally spawned spring/summer-run Chinook salmon originating from the mainstem Snake River and the Tucannon River, Grande Ronde River, Imnaha River, and Salmon River subbasins. Also, spring/summer-run Chinook salmon from 11 artificial propagation programs: The Tucannon River Program; Lostine River Program; Catherine Creek Program; Lookingglass Hatchery Program; Upper Grande Ronde Program; Imnaha River Program; Big Sheep Creek Program; McCall Hatchery Program; Johnson Creek Artificial Propagation Enhancement Program; Pahsimeroi Hatchery Program; and the Sawtooth Hatchery Program. Naturally spawned spring-run Chinook salmon originating from the Clackamas River and from the Willamette River and its tributaries above Willamette Falls. Also, spring-run Chinook salmon from six artificial propagation programs: The McKenzie River Hatchery Program (Oregon Department of Fish and Wildlife (ODFW) Stock #23); Marion Forks Hatchery/North Fork Santiam River Program (ODFW Stock #21); South Santiam Hatchery Program (ODFW Stock #24) in the South Fork Santiam River and Mollala River; Willamette Hatchery Program (ODFW Stock #22); and the Clackamas Hatchery Program (ODFW Stock #19). Naturally spawned chum salmon originating from the Columbia River and its tributaries in Washington and Oregon. Also, chum salmon from three artificial propagation programs: The Chinook River Program (Sea Resources Hatchery); Grays River Program; and the Washougal River Hatchery/Duncan Creek Hatchery Program. Naturally spawned summer-run chum salmon originating from Hood Canal and its tributaries as well as from Olympic Peninsula rivers between Hood Canal and Dungeness Bay (inclusive). Also, summer-run chum salmon from four artificial propagation programs: The Hamma Hamma Fish Hatchery Program; Lilliwaup Creek Fish Hatchery Program; Tahuya River Program; and the Jimmycomelately Creek Fish Hatchery Program. Naturally spawned coho salmon originating from the Columbia River and its tributaries downstream from the Big White Salmon and Hood Rivers (inclusive) and any such fish originating from the Willamette River and its tributaries below Willamette Falls. Also, coho salmon from 23 artificial propagation programs: The Grays River Program; Sea Resources Hatchery Program; Peterson Coho Project; Big Creek Hatchery Program (Oregon Department of Fish and Wildlife (ODFW) Stock #13); Astoria High School Salmon-Trout Enhancement Program (STEP) Coho Program; Warrenton High School STEP Coho Program; Cathlamet High School Future Farmers of America Type-N Coho Program; Cowlitz Type-N Coho Program in the Upper and Lower Cowlitz Rivers; Cowlitz Game and Anglers Coho Program; Friends of the Cowlitz Coho Program; North Fork Toutle River Hatchery Program; Kalama River Type-N Coho Program; Kalama River Type-S Coho Program; Lewis River Type-N Coho Program; Lewis River Type-S Coho Program; Fish First Wild Coho Program; Fish First Type-N Coho Program; Syverson Project Type-N Coho Program; Washougal River Type-N Coho Program; Eagle Creek National Fish Hatchery Program; Sandy Hatchery Program (ODFW Stock #11); and the Bonneville/ Cascade/Oxbow Complex (ODFW Stock #14) Hatchery Program. Naturally spawned coho salmon originating from coastal rivers south of the Columbia River and north of Cape Blanco. Also, coho salmon from one artificial propagation program: The Cow Creek Hatchery Program (Oregon Department of Fish and Wildlife Stock #18). Naturally spawned coho salmon originating from coastal streams and rivers between Cape Blanco, Oregon and Punta Gorda, California. Also, coho salmon from three artificial propagation programs: The Cole Rivers Hatchery Program (ODFW Stock # 52); Trinity River Hatchery Program; and the Iron Gate Hatchery Program. Naturally spawned sockeye salmon originating from the Ozette River and Ozette Lake and its tributaries. Also, sockeye salmon from two artificial propagation programs: The Umbrella Creek Hatchery Program; and the Big River Hatchery Program. VerDate Mar<15>2010 16:30 Jun 25, 2013 Jkt 229001 PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 E:\FR\FM\26JNP1.SGM Citation(s) for listing determination(s) Critical habitat ESA rules 70 FR 37160, Jun 28, 2005 ... 226.212 223.203 70 FR 37160, Jun 28, 2005 ... 226.205 223.203 70 FR 37160, Jun 28, 2005 ... 226.205 223.203 70 FR 37160, Jun 28, 2005 ... 226.212 223.203 70 FR 37160, Jun 28, 2005 ... 226.212 223.203 70 FR 37160, Jun 28, 2005 ... 226.212 223.203 70 FR 37160, Jun 28, 2005 ... NA 223.203 76 FR 35755, Jun 20, 2011 ... 226.212 223.203 70 FR 37160, Jun 28, 2005 ... 226.210 223.203 70 FR 37160, Jun 28, 2005 ... 226.212 223.203 26JNP1 38279 Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Proposed Rules Species 1 Scientific name Description of listed entity Steelhead (California Central Valley DPS). Oncorhynchus mykiss ............ Steelhead (Central California Coast DPS). Oncorhynchus mykiss ............ Steelhead (Lower Columbia River DPS). Oncorhynchus mykiss ............ Steelhead (Middle Columbia River DPS). Oncorhynchus mykiss ............ Steelhead (Middle Columbia River DPS–XN). Steelhead (Northern California DPS). Oncorhynchus mykiss ............ Steelhead (Puget Sound DPS). Oncorhynchus mykiss ............ Steelhead (Snake River Basin DPS). Oncorhynchus mykiss ............ Steelhead (South-Central California Coast DPS). Oncorhynchus mykiss ............ Steelhead (Upper Columbia River DPS). Oncorhynchus mykiss ............ Steelhead (Upper Willamette River DPS). TKELLEY on DSK3SPTVN1PROD with PROPOSALS Common name Oncorhynchus mykiss ............ Sturgeon, Atlantic (Gulf of Maine DPS). Acipenser oxyrinchus oxyrinchus. Sturgeon, Gulf .................. Sturgeon, North American green (Southern DPS). Acipenser oxyrinchus desotoi Acipenser medirostris ............ Naturally spawned anadromous O. mykiss (steelhead) originating below natural and manmade impassable barriers from the Sacramento and San Joaquin Rivers and their tributaries; excludes such fish originating from San Francisco and San Pablo Bays and their tributaries. This DPS does include steelhead from two artificial propagation programs: The Coleman National Fish Hatchery Program, and the Feather River Fish Hatchery Program. Naturally spawned anadromous O. mykiss (steelhead) originating below natural and manmade impassable barriers from the Russian River to and including Aptos Creek, and all drainages of San Francisco and San Pablo Bays eastward to Chipps Island at the confluence of the Sacramento and San Joaquin rivers. Also, steelhead from two artificial propagation programs: The Don Clausen Fish Hatchery Program, and the Kingfisher Flat Hatchery Program (Monterey Bay Salmon and Trout Project). Naturally spawned anadromous O. mykiss (steelhead) originating below natural and manmade impassable barriers from rivers between the Cowlitz and Wind Rivers (inclusive) and the Willamette and Hood Rivers (inclusive); excludes such fish originating from the upper Willamette River basin above Willamette Falls. This DPS does include steelhead from seven artificial propagation programs: The Cowlitz Trout Hatchery Late Winter-run Program (Lower Cowlitz); Kalama River Wild Winter-run and Summer-run Programs; Clackamas Hatchery Late Winter-run Program (Oregon Department of Fish and Wildlife (ODFW) Stock #122); Sandy Hatchery Late Winter-run Program (ODFW Stock #11); Hood River Winter-run Program (ODFW Stock #50); and the Lewis River Wild Late-run Winter Steelhead Program. Naturally spawned anadromous O. mykiss (steelhead) originating below natural and manmade impassable barriers from the Columbia River and its tributaries upstream of the Wind and Hood Rivers (exclusive) to and including the Yakima River; excludes such fish originating from the Snake River basin. This DPS does include steelhead from seven artificial propagation programs: The Touchet River Endemic Program; Yakima River Kelt Reconditioning Program (in Satus Creek, Toppenish Creek, Naches River, and Upper Yakima River); Umatilla River Program (Oregon Department of Fish and Wildlife (ODFW) Stock #91); and the Deschutes River Program (ODFW Stock #66). This DPS does not include steelhead that are designated as part of an experimental population. Middle Columbia River steelhead only when, and at such times as, they are found above Round Butte Dam. Naturally spawned anadromous O. mykiss (steelhead) originating below natural and manmade impassable barriers in California coastal river basins from Redwood Creek to and including the Gualala River. Naturally spawned anadromous O. mykiss (steelhead) originating below natural and manmade impassable barriers from rivers flowing into Puget Sound from the Elwha River (inclusive) eastward, including rivers in Hood Canal, South Sound, North Sound and the Strait of Georgia. Also, steelhead from six artificial propagation programs: The Green River Natural Program; White River Winter Steelhead Supplementation Program; Hood Canal Steelhead Supplementation Off-station Projects in the Dewatto, Skokomish, and Duckabush Rivers; and the Lower Elwha Fish Hatchery Wild Steelhead Recovery Program. Naturally spawned anadromous O. mykiss (steelhead) originating below natural and manmade impassable barriers from the Snake River basin. Also, steelhead from six artificial propagation programs: The Tucannon River Program; Dworshak National Fish Hatchery Program; Lolo Creek Program; North Fork Clearwater Program; East Fork Salmon River Program; and the Little Sheep Creek/Imnaha River Hatchery Program (Oregon Department of Fish and Wildlife Stock #29). Naturally spawned anadromous O. mykiss (steelhead) originating below natural and manmade impassable barriers from the Pajaro River to (but not including) the Santa Maria River. Naturally spawned anadromous O. mykiss (steelhead) originating below natural and manmade impassable barriers from the Columbia River and its tributaries upstream of the Yakima River to the U.S.Canada border. Also, steelhead from six artificial propagation programs: The Wenatchee River Program; Wells Hatchery Program (in the Methow and Okanogan Rivers); Winthrop National Fish Hatchery Program; Omak Creek Program; and the Ringold Hatchery Program. Naturally spawned anadromous winter-run O. mykiss (steelhead) originating below natural and manmade impassable barriers from the Willamette River and its tributaries upstream of Willamette Falls to and including the Calapooia River. Anadromous Atlantic sturgeon originating from watersheds from the Maine/Canadian border and extending southward to include all associated watersheds draining into the Gulf of Maine as far south as Chatham, MA. Entire subspecies ................................................................................... Green sturgeon originating from coastal rivers south of the Eel River (exclusive) and the Sacramento River basin. Marine Invertebrates: Coral, elkhorn .................. Coral, staghorn ................ Marine Plants: Acropora palmata ................... Acropora cervicornis .............. Entire species ......................................................................................... Entire species ......................................................................................... VerDate Mar<15>2010 Oncorhynchus mykiss ............ 16:30 Jun 25, 2013 Jkt 229001 PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 E:\FR\FM\26JNP1.SGM Citation(s) for listing determination(s) Critical habitat ESA rules 71 FR 834, Jan 5, 2006 ......... 226.211 223.203 71 FR 834, Jan 5, 2006 ......... 226.211 223.203 71 FR 834, Jan 5, 2006 ......... 226.212 223.203 71 FR 834, Jan 5, 2006 ......... 226.212 223.203 78 FR 2893, Jan. 15, 2013 .... N/A 223.301 71 FR 834, Jan 5, 2006 ......... 226.211 223.203 72 FR 26722, May 11, 2007 .. NA 223.203 71 FR 834, Jan 5, 2006 ......... 226.212 223.203 71 FR 834, Jan 5, 2006 ......... 226.211 223.203 71 FR 834, Jan 5, 2006 ......... 226.212 223.203 71 FR 834, Jan 5, 2006 ......... 226.212 223.203 77 FR 5880, Feb 6, 2012 ...... NA NA 56 FR 49653, Sep 30, 1991 .. 71 FR 17757, April 7, 2006; 71 FR 19241, April 13, 2006. 226.214 226.219 17.44(v) 223.210 71 FR 26852, May 9, 2006 .... 71 FR 26852, May 9, 2006 .... 226.216 226.216 223.208 223.208 26JNP1 38280 Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Proposed Rules Species 1 Common name Seagrass, Johnson’s ....... Scientific name Description of listed entity Citation(s) for listing determination(s) Halophila johnsonii ................. Entire species ......................................................................................... 63 FR 49035, Sep 14, 1998 .. Critical habitat 226.213 ESA rules NA 1 Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991). 2 Jurisdiction for sea turtles by the Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, is limited to turtles while in the water. [71 FR 26861, May 9, 2006, as amended at 71 FR 31965, June 2, 2006; 71 FR 38270, July 6, 2006; 72 FR 26734, May 11, 2007; 73 FR 7843, Feb. 11, 2008; 73 FR 72236, Nov. 26, 2008; 74 FR 42606, Aug. 24, 2009; 75 FR 13024, Mar. 18, 2010; 75 FR 22289, Apr. 28, 2010; 75 FR 65248, Oct. 22, 2010; 76 FR 35771, June 20, 2011; 76 FR 58951, Sept. 22, 2011; 77 FR 5911, Feb. 6, 2012]. 4. In § 223.201, paragraph (b)(1) is revised to read as follows: ■ § 223.201 Guadalupe fur seal. * * * * * (b) Exceptions. (1) The Assistant Administrator may issue permits authorizing activities which would otherwise be prohibited under paragraph (a) of this section subject to the provisions of part 222 subpart C— General Permit Procedures. * * * * * ■ 5. In § 223.203, ■ (a) Revise paragraph (a) and the introductory text of paragraph (b); ■ (b) Revise paragraph (b)(1) and the introductory text of paragraphs (b)(2), (b)(3), and (b)(4); ■ (c) Remove and reserve paragraph (b)(4)(v); ■ (d) Revise the introductory text of paragraphs (b)(5), (b)(6), (b)(7), (b)(8), (b)(9), (b)(10), (b)(11), (b)(12), and (b)(13); and, ■ (e) Revise the first sentence of paragraph (c) to read as follows: TKELLEY on DSK3SPTVN1PROD with PROPOSALS § 223.203 Anadromous fish. (a) Prohibitions. The prohibitions of section 9(a)(1) of the ESA (16 U.S.C. 1538(a)(1)) relating to endangered species apply to fish with an intact adipose fin that are part of the threatened West Coast salmon ESUs and steelhead DPSs (of the genus Oncorhynchus) listed in § 223.102. (b) Limits on the prohibitions. The limits to the prohibitions of paragraph (a) of this section relating to threatened West Coast salmon ESUs and steelhead DPSs (of the genus Oncorhynchus) listed in § 223.102 are described in the following paragraphs (b)(1) through (b)(13): (1) The exceptions of section 10 of the ESA (16 U.S.C. 1539) and other exceptions under the Act relating to endangered species, including regulations in part 222 of this chapter implementing such exceptions, also apply to the threatened West Coast salmon ESUs and steelhead DPSs (of the genus Oncorhynchus) listed in § 223.102. (2) The prohibitions of paragraph (a) of this section relating to threatened Puget Sound steelhead listed in § 223.102 do not apply to: * * * * * VerDate Mar<15>2010 16:30 Jun 25, 2013 Jkt 229001 (3) The prohibitions of paragraph (a) of this section relating to the threatened West Coast salmon ESUs and steelhead DPSs (of the genus Oncorhynchus) listed in § 223.102 do not apply to any employee or designee of NMFS, the United States Fish and Wildlife Service, any Federal land management agency, the Idaho Department of Fish and Game (IDFG), Washington Department of Fish and Wildlife (WDFW), the Oregon Department of Fish and Wildlife (ODFW), California Department of Fish and Game (CDFG), or of any other governmental entity that has comanagement authority for the listed salmonids, when the employee or designee, acting in the course of his or her official duties, takes a threatened salmonid without a permit if such action is necessary to: * * * * * (4) The prohibitions of paragraph (a) of this section relating to the threatened West Coast salmon ESUs and steelhead DPSs (of the genus Oncorhynchus) listed in § 223.102 do not apply to fishery harvest activities provided that: * * * * * (v) [Reserved] (5) The prohibitions of paragraph (a) of this section relating to the threatened West Coast salmon ESUs and steelhead DPSs (of the genus Oncorhynchus) listed in § 223.102 do not apply to activity associated with artificial propagation programs provided that: * * * * * (6) The prohibitions of paragraph (a) of this section relating to the threatened West Coast salmon ESUs and steelhead DPSs (of the genus Oncorhynchus) listed in § 223.102 do not apply to actions undertaken in compliance with a resource management plan developed jointly by the States of Washington, Oregon and/or Idaho and the Tribes (joint plan) within the continuing jurisdiction of United States v. Washington or United States v. Oregon, the on-going Federal court proceedings to enforce and implement reserved treaty fishing rights, provided that: * * * * * (7) The prohibitions of paragraph (a) of this section relating to the threatened West Coast salmon ESUs and steelhead DPSs (of the genus Oncorhynchus) listed in § 223.102 do not apply to PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 scientific research activities provided that: * * * * * (8) The prohibitions of paragraph (a) of this section relating to the threatened West Coast salmon ESUs and steelhead DPSs (of the genus Oncorhynchus) listed in § 223.102 do not apply to habitat restoration activities, as defined in paragraph (b)(8)(iv) of this section, provided that the activity is part of a watershed conservation plan, and: * * * * * (9) The prohibitions of paragraph (a) of this section relating to the threatened West Coast salmon ESUs and steelhead DPSs (of the genus Oncorhynchus) listed in § 223.102 do not apply to the physical diversion of water from a stream or lake, provided that: * * * * * (10) The prohibitions of paragraph (a) of this section relating to the threatened West Coast salmon ESUs and steelhead DPSs (of the genus Oncorhynchus) listed in § 223.102 do not apply to routine road maintenance activities provided that: * * * * * (11) The prohibitions of paragraph (a) of this section relating to the threatened West Coast salmon ESUs and steelhead DPSs (of the genus Oncorhynchus) listed in § 223.102 do not apply to activities within the City of Portland, Oregon Parks and Recreation Department’s (PP&R) Pest Management Program (March 1997), including its Waterways Pest Management Policy updated December 1, 1999, provided that: * * * * * (12) The prohibitions of paragraph (a) of this section relating to the threatened West Coast salmon ESUs and steelhead DPSs (of the genus Oncorhynchus) listed in § 223.102 do not apply to municipal, residential, commercial, and industrial (MRCI) development (including redevelopment) activities provided that: * * * * * (13) The prohibitions of paragraph (a) of this section relating to the threatened West Coast salmon ESUs and steelhead DPSs (of the genus Oncorhynchus) listed in § 223.102 do not apply to nonFederal forest management activities E:\FR\FM\26JNP1.SGM 26JNP1 Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Proposed Rules conducted in the State of Washington provided that: * * * * * (c) Affirmative Defense. In connection with any action alleging a violation of the prohibitions of paragraph (a) of this section with respect to the threatened West Coast salmon ESUs and steelhead DPSs (of the genus Oncorhynchus) listed in § 223.102, any person claiming the benefit of any limit listed in paragraph (b) of this section or § 223.204(a) shall have a defense where the person can demonstrate that the limit is applicable and was in force, and that the person fully complied with the limit at the time of the alleged violation. * * * * * * * * ■ 6. In § 223.208, paragraph (a)(1) is revised to read as follows: § 223.208 Corals. (a) * * * (1) The prohibitions of section 9(a)(1) of the ESA (16 U.S.C. 1538(a)(1)) relating to endangered species apply to elkhorn (Acropora palmata) and staghorn (A. cervicornis) corals listed as threatened in § 223.102, except as provided in § 223.208(c). * * * * * ■ 7. In § 223.210, ■ (a) Revise paragraphs (a) and (b), (b)(1) introductory text, paragraph (b)(2), (b)(3) introductory text, and (b)(4) introductory text; ■ (b) Revise paragraph (c), (c)(1) introductory text, and paragraphs (c)(2) and (c)(3); and, ■ (c) Revise paragraphs (d) and (e) to read as follows: TKELLEY on DSK3SPTVN1PROD with PROPOSALS § 223.210 North American green sturgeon. (a) Prohibitions. The prohibitions of section 9(a)(1)(A) through 9(a)(1)(G) of the ESA (16 U.S.C. 1538) relating to endangered species apply to the threatened Southern Distinct Population Segment (DPS) of North American green sturgeon listed in § 223.102. (b) Exceptions. Exceptions to the take prohibitions described in section 9(a)(1)(B) and (C) of the ESA (16 U.S.C. 1538(a)(1)(B) and (C)) applied in paragraph (a) of this section to the threatened Southern DPS listed in section 223.102 are described in the following paragraphs (b)(1) through (b)(3). (1) Scientific Research and Monitoring Exceptions. The prohibitions of paragraph (a) of this section relating to the threatened Southern DPS listed in § 223.102 do not apply to ongoing or future Federal, state, or private-sponsored scientific research or monitoring activities if: * * * * * VerDate Mar<15>2010 16:30 Jun 25, 2013 Jkt 229001 (2) Enforcement Exception. The prohibitions of paragraph (a) of this section relating to the threatened Southern DPS listed in § 223.102 do not apply to any employee of NMFS, when the employee, acting in the course of his or her official duties, takes the Southern DPS listed in § 223.102 without a permit, if such action is necessary for purposes of enforcing the ESA or its implementing regulations. * * * * * (3) Emergency Fish Rescue and Salvage Exceptions. The prohibitions of paragraph (a) of this section relating to the threatened Southern DPS listed in § 223.102 do not apply to emergency fish rescue and salvage activities that include aiding sick, injured, or stranded fish, disposing of dead fish, or salvaging dead fish for use in scientific studies, if: * * * * * (4) Habitat Restoration Exceptions. The prohibitions of paragraph (a) of this section relating to the threatened Southern DPS listed in § 223.102 do not apply to habitat restoration activities including barrier removal or modification to restore water flows, riverine or estuarine bed restoration, natural bank stabilization, restoration of native vegetation, removal of non-native species, or removal of contaminated sediments, that reestablish selfsustaining habitats for the Southern DPS, if: * * * * * (c) Exemptions via ESA 4(d) Program Approval. Exemptions from the take prohibitions described in section 9(a)(1)(B) and (C) of the ESA (16 U.S.C. 1538(a)(1)(B) and (C)) applied in paragraph (a) of this section to the threatened Southern DPS listed in § 223.102 are described in paragraphs (c)(1) through (c)(3) of this section. (1) Scientific Research and Monitoring Exemptions. The prohibitions of paragraph (a) of this section relating to the threatened Southern DPS listed in § 223.102 do not apply to ongoing or future statesponsored scientific research or monitoring activities that are part of a NMFS-approved, ESA-compliant state 4(d) research program conducted by, or in coordination with, state fishery management agencies (California Department of Fish and Game, Oregon Department of Fish and Wildlife, Washington Department of Fish and Wildlife, or Alaska Department of Fish and Game), or as part of a monitoring and research program overseen by, or coordinated by, one of these agencies. State 4(d) research programs must meet the following criteria: * * * * * PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 38281 (2) Fisheries Exemptions. The prohibitions of paragraph (a) of this section relating to the threatened Southern DPS listed in § 223.102 do not apply to fisheries activities that are conducted in accordance with a NMFSapproved Fishery Management and Evaluation Plan (FMEP). If NMFS finds that an FMEP meets the criteria listed below, a letter of concurrence which sets forth the terms of the FMEP’s implementation and the duties of the parties pursuant to the FMEP, will be issued to the applicant. * * * * * (3) Tribal Exemptions. The prohibitions of paragraph (a) of this section relating to the threatened Southern DPS listed in § 223.102 do not apply to fishery harvest or other activities undertaken by a tribe, tribal member, tribal permittee, tribal employee, or tribal agent in Willapa Bay, WA, Grays Harbor, WA, Coos Bay, OR, Winchester Bay, OR, Humboldt Bay, CA, and any other area where tribal treaty fishing occurs, if those activities are compliant with a tribal resource management plan (Tribal Plan), provided that the Secretary determines that implementation of such Tribal Plan will not appreciably reduce the likelihood of survival and recovery of the Southern DPS. In making that determination the Secretary shall use the best available biological data (including any tribal data and analysis) to determine the Tribal Plan’s impact on the biological requirements of the species, and will assess the effect of the Tribal Plan on survival and recovery, consistent with legally enforceable tribal rights and with the Secretary’s trust responsibilities to tribes. * * * * * (d) The exceptions of section 10 of the ESA (16 U.S.C. 1539) and other exceptions under the ESA relating to endangered species, including regulations in part 222 of this chapter II implementing such exceptions, also apply to the threatened Southern DPS of North American green sturgeon listed in § 223.102. Federal, state, and privatesponsored research activities for scientific research or enhancement purposes that are not covered under Scientific Research and Monitoring Exceptions as described in paragraph (b)(1) of this section or Scientific Research and Monitoring Exemptions as described in paragraph (c)(1) of this section, may take Southern DPS fish pursuant to the specifications of an ESA section 10 permit. Section 9(a)(1)(B) and (a)(1)(C) take prohibitions would not apply to ongoing research activities if an application for an ESA section E:\FR\FM\26JNP1.SGM 26JNP1 38282 Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Proposed Rules 10(a)(1)(A) permit is received by NMFS, preferably through the NMFS online application Web site https:// apps.nmfs.noaa.gov, no later than November 29, 2010. The take prohibitions would take effect if the permit application is rejected as insufficient or a permit is denied. If the permit application is received by November 29, 2010, ongoing research activities may continue without take prohibitions until NMFS issues or denies a permit. (e) Affirmative Defense. In connection with any action alleging a violation of the prohibitions of paragraph (a) of this section with respect to the threatened Southern DPS of North American green sturgeon listed in § 223.102, any person claiming that his or her take is authorized via methods listed in paragraph (b) of this section shall have a defense where the person can demonstrate that the take authorization is applicable and was in force, and that the person fully complied with the take authorization requirements at the time of the alleged violation. This defense is an affirmative defense that must be raised, pleaded, and proven by the proponent. If proven, this defense will be an absolute defense to liability under section 9(a)(1)(G) of the ESA with respect to the alleged violation. * * * * * ■ 8. Add § 223.211 to read as follows: § 223.211 Southern DPS of spotted seal. The prohibitions of section 9(a)(1)(A) through 9(a)(1)(G) of the ESA (16 U.S.C. 1538) relating to endangered species shall apply to the Southern Distinct Population Segment of the spotted seal listed in § 223.102. * * * * * For the reasons set out in the preamble, 50 CFR part 224 is proposed to be amended as follows: PART 224—ENDANGERED MARINE AND ANADROMOUS SPECIES 9. The authority citation for part 224 continues to read as follows: ■ Authority: 16 U.S.C. 1531–1543 and 16 U.S.C. 1361 et seq. 10. Revise § 224.101 to read as follows: ■ § 224.101 Enumeration of endangered marine and anadromous species (a) The regulations in this part identify the species under the jurisdiction of the Secretary of Commerce that have been determined to be endangered species pursuant to section 4(a) of the Act, and provide for the conservation of such species by establishing rules and procedures to governing activities involving the species. (b) The regulations in this part apply only to the endangered species enumerated in this section. (c) The provisions of this part are in addition to, and not in lieu of, other regulations of parts 222 through 226 of this chapter which prescribe additional restrictions or conditions governing endangered species. (d) The table below identifies the species under the jurisdiction of the Secretary of Commerce that have been determined to be endangered pursuant to section 4(a) of the Act, as well as species treated as endangered because they are sufficiently similar in appearance to endangered species, and experimental populations of endangered species. (e) The columns entitled ‘‘Common name,’’ ‘‘Scientific name,’’ and ‘‘Description of listed entity’’ define the species within the meaning of the Act. In the ‘‘Common name’’ column, experimental populations are identified as ‘‘XE’’ for essential populations or ‘‘XN’’ for nonessential populations. Species listed based on similarity of appearance are identified as ‘‘S/A.’’ Although a column for ‘‘Common name’’ is included, common names cannot be relied upon for identification of any specimen, because they may vary greatly in local usage. The ‘‘Scientific name’’ column provides the most recently accepted scientific name, relying to the extent practicable on the International Code of Zoological Nomenclature. In cases in which confusion might arise, a synonym(s) will be provided in parentheses. The ‘‘Description of listed entity’’ column identifies whether the listed entity comprises the entire species, a subspecies, or a distinct population segment (DPS) and provides a description for any DPSs. Unless otherwise indicated in the ‘‘Description of listed entity’’ column, all individual members of the listed entity and their progeny retain their listing status wherever found, including individuals in captivity. Information regarding the general range of the species, subspecies, or DPS may be found in the Federal Register notice cited in the ‘‘Citation(s) for listing determination(s)’’ column. (f) The ‘‘Citation(s) for listing determination(s)’’ column provides reference to the Federal Register Notice(s) determining the species’ status under the Act. The abbreviation ‘‘(SPR)’’ (significant portion of its range) after a citation indicates that the species was listed based on its status in a significant portion of its range. If a citation does not include the ‘‘(SPR)’’ notation, it means that the species was listed based on its status throughout its entire range. For ‘‘(SPR)’’ listings, a geographical description of the SPR may be found in the referenced Federal Register Notice. The ‘‘(SPR)’’ notation serves an informational purpose only and does not imply any limitation on the application of the prohibitions or restrictions of the Act or implementing rules. (g) The ‘‘Critical habitat’’ and ‘‘ESA rules’’ columns provide cross-references to other sections in this part and part 226. The term ‘‘NA’’ appearing in either of these columns indicates that there are no critical habitat designations or ESA rules for that species. However, all other applicable rules in parts 222 through 226 and part 402 still apply to that species. Also, there may be other rules in this title that relate to such wildlife. The ‘‘ESA rules’’ column is not intended to list all Federal, state, tribal, or local governmental regulations that may apply to the species. (h) The endangered species under the jurisdiction of the Secretary of Commerce are: Species 1 Scientific name Description of listed entity Citation(s) for listing determination(s) Lipotes vexillifer ............................. Entire species ........................................................... 54 FR 22906, May 30, 1989 ......... NA NA Platanista gangetica minor ............ Phocoena sinus ............................. Entire subspecies ...................................................... Entire species ........................................................... 55 FR 50835, Dec 11, 1990 ......... 50 FR 1056, Jan 9, 1985 .............. NA NA NA NA Eumetopias jubatus ....................... Steller sea lions born in the wild, west of 144° W. Long. Also, Steller sea lions born in captivity whose mother was born in the wild, west of 144° W. Long., and progeny of these captives. Entire species ........................................................... Entire subspecies ...................................................... 62 FR 24345, May 5, 1997 ........... 226.202 224.103, 226.202 41 FR 51611, Nov 23, 1976 ......... 77 FR 76706; Dec 28, 2012 ......... 226.201 NA NA NA TKELLEY on DSK3SPTVN1PROD with PROPOSALS Common name Marine Mammals: Dolphin, Chinese River (aka baiji). Dolphin, Indus River ................ Porpoise, Gulf of California harbor (aka vaquita or cochito). Sea lion, Steller (Western DPS). Seal, Hawaiian monk .............. Seal, Ladoga ringed ................ VerDate Mar<15>2010 Monachus schauinslandi ............... Phoca (=Pusa) hispida ladogensis 16:30 Jun 25, 2013 Jkt 229001 PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 E:\FR\FM\26JNP1.SGM 26JNP1 Critical habitat ESA rules 38283 Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Proposed Rules Species 1 Scientific name Description of listed entity Citation(s) for listing determination(s) Seal, Mediterranean monk ...... Seal, Saimaa ringed ................ Whale, beluga (Cook Inlet) DPS). Whale, blue ............................. Whale, bowhead ..................... Whale, false killer (Main Hawaiian Islands Insular DPS). Monachus monachus .................... Phoca (=Pusa) hispida saimensis Delphinapterus leucas ................... Entire species ........................................................... Entire subspecies ...................................................... Beluga whales originating from Cook Inlet, Alaska .. 35 FR 8491, Jun 2, 1970 .............. 58 FR 26920, May 6, 1993 ........... 73 FR 62919, Oct 22, 2008 .......... NA NA 226.220 NA NA NA Balaenoptera musculus ................. Balaena mysticetus ....................... Pseudorca crassidens ................... 35 FR 18319, Dec 2, 1970 ........... 35 FR 18319, Dec 2, 1970 ........... 77 FR 70915, November 28, 2012 NA NA NA NA NA NA Whale, fin or finback ............... Whale, gray (Western North Pacific DPS). Whale, humpback ................... Whale, killer (Southern Resident DPS). Balaenoptera physalus .................. Eschrichtius robustus .................... Entire species ........................................................... Entire species ........................................................... False killer whales found from nearshore of the main Hawaiian Islands out to 140 km (approximately 75 nautical miles) and permanently reside within this geographic range. Entire species ........................................................... Western North Pacific (Korean) gray whales ........... 35 FR 8491, Jun 2, 1970 .............. 35 FR 8491, Jun 2, 1970; 59 FR 31094, Jun 16, 1994. 35 FR 18319, Dec 2, 1970 ........... 70 FR 69903, Nov 18, 2005 ......... NA NA NA NA NA 226.206 224.103 224.103 Whale, North Atlantic right ...... Eubalaena glacialis ....................... 73 FR 12024, Mar 6, 2008 ........... 226.203 Whale, Whale, Whale, Whale, North Pacific right ....... sei ............................... Southern right ............. sperm .......................... Eubalaena japonica ....................... Balaenoptera borealis ................... Eubalaena australis ....................... Physeter macrocephalus (=catodon). Entire Entire Entire Entire 73 35 35 35 ........... ........... ........... ........... 226.215 NA NA NA 224.103, 224.105 224.103 NA NA NA Sea Turtles: 2 Sea turtle, green ..................... Chelonia mydas ............................ Breeding colony populations in Florida and on the Pacific coast of Mexico. Entire species ........................................................... Entire species ........................................................... Entire species ........................................................... Loggerhead sea turtles originating from the Mediterranean Sea. Loggerhead sea turtles originating from the North Indian Ocean. Loggerhead sea turtles originating from the North Pacific Ocean. Loggerhead sea turtles originating from the Northeast Atlantic Ocean east of 40° W. Long., except in the vicinity of the Strait of Gibraltar where the eastern boundary is 5°36′ W. Long. Loggerhead sea turtles originating from the South Pacific Ocean west of 67° W. Long., and east of 141° E. Long. Breeding colony populations on the Pacific coast of Mexico. 43 FR 32800, Jul 28, 1978 ........... 226.208 224.104 35 35 35 76 8491, Jun 2, 1970 .............. 18319, Dec 2, 1970 ........... 8491, Jun 2, 1970 .............. 58868, Sep 22, 2011 ......... 226.209 NA 226.207 NA 224.104 224.104 224.104 224.104 76 FR 58868, Sep 22, 2011 ......... NA 224.104 76 FR 58868, Sep 22, 2011 ......... NA 224.104 76 FR 58868, Sep 22, 2011 ......... NA 224.104 76 FR 58868, Sep 22, 2011 ......... NA 224.104 43 FR 32800, Jul 28, 1978 ........... NA 224.104 75 FR 22276, Apr 28, 2010 .......... NA NA 74 FR 29344, Jun 19, 2009 .......... 226.217 NA 70 FR 37160, Jun 28, 2005 .......... 226.204 NA 70 FR 37160, Jun 28, 2005 .......... 226.212 NA 70 FR 37160, Jun 28, 2005; ......... 77 FR 19552, Apr 2, 2012 ............ 226.210 NA 70 FR 37160, Jun 28, 2005 .......... 226.205 NA 76 FR 40835, Jul 12, 2011 ........... 68 FR 15674, Apr 1, 2003 ............ NA 226.218 NA NA Common name Megaptera novaeangliae ............... Orcinus orca .................................. Sea turtle, hawksbill ................ Sea turtle, Kemp’s ridley ......... Sea turtle, leatherback ............ Sea turtle, loggerhead (Mediterranean Sea DPS). Sea turtle, loggerhead (North Indian Ocean DPS). Sea turtle, loggerhead (North Pacific Ocean DPS). Sea turtle, loggerhead (Northeast Atlantic Ocean DPS). Eretmochelys imbricata ................. Lepidochelys kempii ...................... Dermochelys coriacea ................... Caretta caretta .............................. Sea turtle, loggerhead (South Pacific Ocean DPS). Caretta caretta .............................. Sea turtle, olive ridley ............. Lepidochelys olivacea ................... Fishes: Bocaccio (Puget Sound/Georgia Basin DPS). Salmon, Atlantic (Gulf of Maine DPS). Caretta caretta .............................. Caretta caretta .............................. Caretta caretta .............................. Sebastes paucispinis .................... Salmo salar ................................... Oncorhynchus tshawytscha .......... Salmon, Chinook (Upper Columbia River spring-run ESU). Oncorhynchus tshawytscha .......... Salmon, coho (Central California Coast ESU). TKELLEY on DSK3SPTVN1PROD with PROPOSALS Salmon, Chinook (Sacramento River winter-run ESU). Oncorhynchus kisutch ................... Salmon, sockeye (Snake River ESU). Oncorhynchus nerka ..................... Sawfish, largetooth .................. Sawfish, smalltooth (United States DPS). Pristis perotteti .............................. Pristis pectinata ............................. VerDate Mar<15>2010 16:30 Jun 25, 2013 Jkt 229001 PO 00000 Entire species ........................................................... Killer whales from the J, K, and L pods, except such whales placed in captivity prior to November 2005 and their captive born progeny. Entire species ........................................................... species species species species ........................................................... ........................................................... ........................................................... ........................................................... Bocaccio originating from Puget Sound and the Georgia Basin. Naturally spawned Atlantic salmon originating from the Gulf of Maine, including such Atlantic salmon originating from watersheds from the Androscoggin River northward along the Maine coast to the Dennys River. Also, Atlantic salmon from two artificial propagation programs: Green Lake National Fish Hatchery (GLNFH) and Craig Brook National Fish Hatchery (CBNFH). This DPS does not include landlocked salmon and those salmon raised in commercial hatcheries for aquaculture. Naturally spawned winter-run Chinook salmon originating from the Sacramento River and its tributaries. Also, winter-run Chinook salmon from one artificial propagation program: The Livingston Stone National Fish Hatchery. Naturally spawned spring-run Chinook salmon originating from Columbia River tributaries upstream of the Rock Island Dam and downstream of Chief Joseph Dam (excluding the Okanogan River subbasin). Also, spring-run Chinook salmon from six artificial propagation programs: The Twisp River Program; Chewuch River Program; Methow Program; Winthrop National Fish Hatchery Program; Chiwawa River Program; and the White River Program. Naturally spawned coho salmon originating from rivers south of Punta Gorda, California to and including Aptos Creek, as well as such coho salmon originating from tributaries to San Francisco Bay. Also, coho salmon from three artificial propagation programs: The Don Clausen Fish Hatchery Captive Broodstock Program, the Scott Creek/King Fisher Flats Conservation Program, and the Scott Creek Captive Broodstock Program. Naturally spawned anadromous and residual sockeye salmon originating from the Snake River basin. Also, sockeye salmon from one artificial propagation program: The Redfish Lake Captive Broodstock Program. Entire species ........................................................... Smalltooth sawfish originating from U.S. waters ...... Frm 00048 Fmt 4702 Sfmt 4702 FR FR FR FR FR FR FR FR 12024, 18319, 18319, 18319, E:\FR\FM\26JNP1.SGM Mar 6, 2008 Dec 2, 1970 Dec 2, 1970 Dec 2, 1970 26JNP1 Critical habitat ESA rules 38284 Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Proposed Rules Species 1 Common name Citation(s) for listing determination(s) Critical habitat ESA rules Scientific name Description of listed entity Steelhead (Southern California DPS). Oncorhynchus mykiss ................... 71 FR 834, Jan 5, 2006 ................ 226.211 NA Sturgeon, DPS). 77 FR 5914, Feb 6, 2012 ............. NA NA 77 FR 5880, Feb 6, 2012 ............. NA NA 77 FR 5880, Feb 6, 2012 ............. NA NA 77 FR 5914, Feb 6, 2012 ............. NA NA 32 FR 4001, Mar 11, 1967 ........... 44 FR 29480, May 21, 1979 ......... NA NA NA NA 74 FR 1937, Jan 14, 2009 ............ 66 FR 29054, May, 29, 2001. ....... 226.221 NA NA NA Atlantic (Carolina Acipenser oxyrinchus oxyrinchus .. Sturgeon, Atlantic peake Bay DPS). (Chesa- Acipenser oxyrinchus oxyrinchus .. Sturgeon, Atlantic (New York Bight DPS). Acipenser oxyrinchus oxyrinchus .. Sturgeon, Atlantic (South Atlantic DPS). Acipenser oxyrinchus oxyrinchus .. Sturgeon, shortnose ................ Totoaba ................................... Marine Invertebrates: Abalone, black ......................... Abalone, white ......................... Acipenser brevirostrum ................. Cynoscion macdonaldi .................. Naturally spawned anadromous O. mykiss (steelhead) originating below natural and manmade impassable barriers from the Santa Maria River to the U.S.-Mexico Border. Atlantic sturgeon originating from watersheds (including all rivers and tributaries) from Albemarle Sound southward along the southern Virginia, North Carolina, and South Carolina coastal areas to Charleston Harbor. Anadromous Atlantic sturgeon originating from watersheds that drain into the Chesapeake Bay and into coastal waters from the Delaware-Maryland border on Fenwick Island to Cape Henry, Virginia. Anadromous Atlantic sturgeon originating from watersheds that drain into coastal waters, including Long Island Sound, the New York Bight, and Delaware Bay, from Chatham, MA to the Delaware-Maryland border on Fenwick Island. Atlantic sturgeon originating from watersheds (including all rivers and tributaries) of the ACE (Ashepoo, Combahee, and Edisto) Basin southward along the South Carolina, Georgia, and Florida coastal areas to the St. Johns River, Florida. Entire species ........................................................... Entire species ........................................................... Haliotis cracherodii ........................ Haliotis sorenseni .......................... Entire species ........................................................... Entire species ........................................................... 1 Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991). 2 Jurisdiction for sea turtles by the Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, is limited to turtles while in the water. [64 FR 14066, Mar. 23, 1999, as amended 64 FR 14328, Mar. 24, 1999; 65 FR 20918, Apr. 19, 2000; 65 FR 69481, Nov. 17, 2000; 66 FR 29055, May 29, 2001; 67 FR 21598, May 1, 2002; 68 FR 15680, Apr. 1, 2003; 70 FR 37203, June 28, 2005; 70 FR 69912, Nov. 18, 2005; 71 FR 861, Jan. 5, 2006; 73 FR 12030, Mar. 6, 2008; 73 FR 63907, Oct. 28, 2008; 73 FR 62930, Oct. 22, 2008; 74 FR 1946, Jan. 14, 2009; 74 FR 29386, June 19, 2009; 75 FR 22290, Apr. 28, 2010; 76 FR 14300, Mar. 16, 2011; 76 FR 40835, July 12, 2011] [FR Doc. 2013–15015 Filed 6–25–13; 8:45 am] TKELLEY on DSK3SPTVN1PROD with PROPOSALS BILLING CODE 3510–22–P VerDate Mar<15>2010 16:30 Jun 25, 2013 Jkt 229001 PO 00000 Frm 00049 Fmt 4702 Sfmt 9990 E:\FR\FM\26JNP1.SGM 26JNP1

Agencies

[Federal Register Volume 78, Number 123 (Wednesday, June 26, 2013)]
[Proposed Rules]
[Pages 38270-38284]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15015]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 223 and 224

[Docket No. 130501429-3429-01]
RIN 0648-XC659

Endangered and Threatened Wildlife; Proposed Rule To Revise the
Code of Federal Regulations for Species Under the Jurisdiction of the
National Marine Fisheries Service

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

ACTION: Proposed rule.

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

SUMMARY: We, NMFS, announce proposed revisions to the Code of Federal
Regulations (CFR) to clarify and update the descriptions of species
under NMFS' jurisdiction that are currently listed as threatened or
endangered under the Endangered Species Act of 1973 (ESA). Revisions
include format changes to our lists of threatened and endangered
species, revisions to regulatory language explaining our lists, updates
to the descriptions of certain listed West Coast salmonid species to
add or remove hatchery stocks consistent with our recently completed
five-year reviews under ESA section 4(c)(2), and corrections to
regulatory text to fix inadvertent errors from previous rulemakings and
update cross-references. We do not propose to add or remove any species
to or from our lists, change the status of any listed species, or add
or revise any critical habitat designation.

DATES: Comments and information regarding the proposed revisions must
be received (See ADDRESSES) no later than 5 p.m. Pacific Time on August
26, 2013.

ADDRESSES: You may submit comments, information, or data, identified by
the code NOAA-NMFS-2013-0100 by any one of the following methods:
Electronic Submissions: Submit all electronic comments via
the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0100, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: Office of Protected Resources, NMFS, 1315 East-West
Highway, Silver Spring, MD 20910.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: For further information regarding this
notice contact Maggie Miller, NMFS, Office of Protected Resources (301)
427-8403; for information on the 5-year status reviews of Pacific
salmonids, contact Steve Stone, NMFS, Northwest Region (503) 231-2317.
Copies of the 5-year status reviews can be found on our Web sites at
https://www.nmfs.noaa.gov/pr/listing/reviews.htm and https://www.nwr.noaa.gov.

SUPPLEMENTARY INFORMATION:

Background

Section 4 of the ESA provides for both NMFS and the U.S. Fish and
Wildlife Service (FWS) to make determinations as to the endangered or
threatened status of ``species'' in response to petitions or on their
own initiative. In accordance with the ESA, we (NMFS) make
determinations as to the threatened or endangered status of species by
regulation. These regulations provide the text for each species listing
and include the content required by the ESA Section 4(c)(1). We
enumerate and maintain a list of species under our jurisdiction which
we have determined to be threatened or endangered at 50

[[Page 38271]]

CFR 223.102 (threatened species) and 50 CFR 224.101 (endangered
species) (hereafter referred to as the ``NMFS Lists''). The FWS
maintains two master lists of all threatened and endangered species,
i.e., both species under NMFS' jurisdiction and species under FWS'
jurisdiction (the ``FWS Lists'') at 50 CFR 17.11 (threatened and
endangered animals) and 50 CFR 17.12 (threatened and endangered
plants). The term ``species'' for listing purposes under the ESA
includes the following entities: species, subspecies, and, for
vertebrates only, ``distinct population segments (DPSs).'' Pacific
salmon are listed as ``evolutionarily significant units (ESUs),'' which
are essentially equivalent to DPSs for the purpose of the ESA. For West
Coast salmon and steelhead, many of the ESU and DPS descriptions
include fish originating from specific artificial propagation programs
(e.g., hatcheries) that, along with their naturally-produced
counterparts, are included as part of the listed species.
We recently completed a 5-year review of the status of ESA-listed
salmon ESUs and steelhead DPSs in California (76 FR 50447, August 15,
2011; and 76 FR 76386, December 7, 2011) and in Oregon, Idaho, and
Washington (76 FR 50448; August 15, 2011). The ESA requires this
regular review of listed species to determine whether a species should
be delisted, reclassified, or whether the current classification should
be retained (16 U.S.C. 1533(c)(2)). As a result of our review, we
identified several errors, omissions, and updates that warrant revising
the NMFS and FWS Lists for the sake of accuracy and improved
readability. We also identified cross-referencing errors in our
regulations at 50 CFR 223. In addition, we are taking advantage of this
proposed rule to correct or clarify text and update the list formats
for all species under NMFS' jurisdiction.
Below we summarize the proposed revisions. In the regulatory text
at the end of this Federal Register notice are (1) tables with the
revised format depicting the NMFS Lists with the full text of the
species' descriptions that we propose to update with this notice, and
(2) the full text of proposed corrections and clarifications to our
regulations at 50 CFR 223. After considering public comments on these
proposed revisions, we will finalize this proposed rule and then
coordinate with the FWS to ensure that the changes are reflected in the
FWS Lists at 50 CFR 17.11 and 17.12.

Proposed Revisions to the NMFS Lists

General Changes for Improved Consistency and Accuracy

Endangered Species Table: For consistency, we propose to combine
the separate tables and paragraphs in 50 CFR 224.101 into one table, as
we have done for the threatened species table at 50 CFR 223.102.
Introductory Text: We propose adding text to both 50 CFR parts 223
and 224 introducing the table format for the NMFS Lists and explaining
the categories of information presented in the tables. This will make
the NMFS regulations more consistent with the FWS regulations and will
aid the reader in understanding the information presented.
Order of Species' Names: We propose to reorder the species' entries
alphabetically in both NMFS Lists based on the species' common name and
to remove the numbering system currently used in the NMFS table of
threatened species. For example, the current entry in the threatened
species list at 50 CFR 223.102, ``(a)(23) Puget Sound steelhead DPS,''
will be identified as ``Steelhead (Puget Sound DPS)'' and will come
after ``Salmon'' but before ``Sturgeon.'' This will make it easier to
search our lists for species of interest and is consistent with the
format of the FWS Lists. If the species has no common name, it will be
listed alphabetically based on its scientific name. The numbering has
not provided a benefit and has made it more complicated to add or
delist species.
ESA Rules: In the NMFS Lists, we propose to add a new ``ESA rules''
column similar to the ``Special rules'' column used in the FWS Lists.
This new column will provide a cross-reference to ESA rules applicable
to the species, such as protective regulations for threatened species.
Citations for Listing Determinations: Currently, the column
entitled ``Citation(s) for listing determination(s)'' provides, for
some species, a cite to the first page of the Federal Register notice
containing the listing determination and, for other species, a cite to
the page containing the regulatory text for that species. We are
standardizing the information provided in this column so that all
citations identify the first page of the relevant Federal Register
notice.
Critical Habitat Citations: In both NMFS Lists, we propose to
change the entries under the ``Citation(s) for critical habitat
designation(s)'' column to refer to the specific section in 50 CFR 226
(instead of the Federal Register notice) where the critical habitat
description is found. Doing so will provide a more direct reference to
the applicable regulatory text and maps designating critical habitat
and ensure that citations track the most up-to-date descriptions of
designated areas. We also propose to shorten the column heading to
``Critical habitat.''
Description of Listed Entity: In both NMFS Lists, we propose to
change the ``Where listed'' column to ``Description of listed entity.''
As currently used, the ``Where listed'' column contains both
substantive information, for example, descriptions of ESUs/DPSs, and
non-substantive information, such as the range where the species may
normally be found. To avoid confusion, the ``Description of listed
entity'' column will now include only information that is necessary to
identify the listed entity that constitutes the ``species'' for
purposes of the ESA. Accordingly, the ``Description of listed entity''
column will explain whether the listed entity is an entire taxonomic
species, a subspecies, or a DPS and will provide a description for
DPSs. Information regarding the general geographic range of a listed
species may still be found in the Federal Register notice designating
that species for listing and referenced in the ``Citations for listing
determination(s)'' column. Additionally, we have standardized the
descriptions for each species. For example, current DPS descriptions
use varying terminology, such as ``spawned in,'' ``from,'' or ``hatched
in,'' to indicate that animals born within a given geographic area
comprise the DPS. We propose standardizing our terminology by
consistently using the phrase ``originating from,'' to describe the
composition of such DPSs, unless different wording is necessary for
accuracy. One specific change for listed steelhead populations is to
clarify that steelhead DPSs include ``all naturally spawned anadromous
O. mykiss (steelhead) originating below natural and manmade impassable
barriers.''

Endangered Species at 50 CFR 224.101

Revisions to Endangered Species Descriptions

Below we summarize the primary proposed revisions to the
descriptions of our endangered species listed in 50 CFR 224.101. Based
on our recently completed 5-year reviews of the status of ESA-listed
salmon ESUs and steelhead DPSs in California, Oregon, Idaho, and
Washington (see https://www.nmfs.noaa.gov/pr/listing/reviews.htm and
https://www.nwr.noaa.gov for status review documents), some of the
descriptions of our endangered species must be revised to take into
account the addition or

[[Page 38272]]

termination of specific artificial propagation programs which
contribute individuals to that ESU or DPS. These are identified as
``key changes.'' The addition or termination of these artificial
propagation programs does not constitute a listing or delisting of an
ESU or DPS, but simply a revision to reflect the actual current
composition of the listed ESU or DPS. Other changes to the descriptions
include standardization of terminology to improve consistency and
accuracy in our listings. Where a ``key change'' is not indicated for a
specific revised listing description, then the only change to the
description is for standardization of terminology.
Salmon, Chinook (Sacramento River Winter-Run ESU)
We propose to revise this description to read: ``Naturally spawned
winter-run Chinook salmon originating from the Sacramento River and its
tributaries. Also, winter-run Chinook salmon from one artificial
propagation program: the Livingston Stone National Fish Hatchery.'' The
key change proposed for this ESU is: One artificial propagation program
has been terminated (the captive broodstock program maintained at
Livingston Stone National Fish Hatchery and the University of
California Bodega Marine Laboratory) and is being removed from the list
of artificial propagation programs that are part of this ESU.
Salmon, Chinook (Upper Columbia River Spring-Run ESU)
We propose to revise this description to read: ``Naturally spawned
spring-run Chinook salmon originating from Columbia River tributaries
upstream of the Rock Island Dam and downstream of Chief Joseph Dam
(excluding the Okanogan River subbasin). Also, spring-run Chinook
salmon from six artificial propagation programs: The Twisp River
Program; Chewuch River Program; Methow Program; Winthrop National Fish
Hatchery Program; Chiwawa River Program; and the White River Program.''
Salmon, Sockeye (Snake River ESU)
We propose to revise this description to read: ``Naturally spawned
anadromous and residual sockeye salmon originating from the Snake River
basin. Also, sockeye salmon from one artificial propagation program:
The Redfish Lake Captive Broodstock Program.''

Threatened Species at 50 CFR 223.102

Revisions to Threatened Species Descriptions

Below we summarize the primary proposed revisions to the
descriptions of our threatened species listed in 50 CFR 223.102. Based
on our recently completed 5-year reviews of the status of ESA-listed
salmon ESUs and steelhead DPSs in California, Oregon, Idaho, and
Washington (see https://www.nmfs.noaa.gov/pr/listing/reviews.htm and
https://www.nwr.noaa.gov for status review documents), some of the
descriptions of our threatened species must be revised to take into
account the addition or termination of specific artificial propagation
programs which contribute individuals to that ESU or DPS. These are
identified as ``key changes.'' The addition or termination of these
artificial propagation programs does not constitute a listing or
delisting of an ESU or DPS, but simply a revision to the composition of
the listed ESU or DPS. Other changes to the descriptions include
standardization of terminology to improve consistency and accuracy in
our listings. Where a ``key change'' is not indicated for a specific
revised listing description, then the only change to the description is
for standardization of terminology.
Eulachon (Southern DPS)
We propose to revise this description to read: ``Eulachon
originating from the Skeena River in British Columbia south to and
including the Mad River in northern California.'' This is consistent
with the description of this DPS provided in our original listing
determination (75 FR 13012), however the description was inadvertently
omitted from the current NMFS list in the CFR.
Salmon, Chinook (California Coastal ESU)
We propose to revise this description to read: ``Naturally spawned
Chinook salmon originating from rivers and streams south of the Klamath
River to and including the Russian River.'' The key changes proposed
for this ESU include: Seven artificial propagation programs have been
terminated (the Humboldt Fish Action Council (Freshwater Creek), Yager
Creek, Redwood Creek, Hollow Tree, Van Arsdale Fish Station, Mattole
Salmon Group, and Mad River Hatchery fall-run Chinook hatchery
programs) and are being removed from the list of artificial propagation
programs that are part of this ESU.
Salmon, Chinook (Lower Columbia River ESU)
We propose to revise this description to read: ``Naturally spawned
Chinook salmon originating from the Columbia River and its tributaries
downstream of a transitional point east of the Hood and White Salmon
Rivers, and any such fish originating from the Willamette River and its
tributaries below Willamette Falls. Not included in this ESU are: (1)
Spring-run Chinook salmon originating from the Clackamas River; (2)
fall-run Chinook salmon originating from Upper Columbia River Bright
hatchery stocks that spawn in the mainstem Columbia River below
Bonneville Dam and in other tributaries upstream from the dam to the
Hood and White Salmon Rivers; (3) spring-run Chinook salmon originating
from the Round Butte Hatchery (Deschutes River, Oregon) and spawning in
the Hood River; (4) spring-run Chinook salmon originating from the
Carson National Fish Hatchery and spawning in the Wind River; and (5)
naturally spawning Chinook salmon originating from the Rogue River Fall
Chinook Program. This ESU does include Chinook salmon from 20
artificial propagation programs: The Sea Resources Tule Chinook
Program; Big Creek Tule Chinook Program; Astoria High School Salmon-
Trout Enhancement Program (STEP) Tule Chinook Program; Warrenton High
School STEP Tule Chinook Program; Cowlitz Tule Chinook Program; North
Fork Toutle Tule Chinook Program; Kalama Tule Chinook Program;
Washougal River Tule Chinook Program; Spring Creek National Fish
Hatchery (NFH) Tule Chinook Program; Cowlitz Spring Chinook Programs in
the Upper Cowlitz River and the Cispus River; Friends of the Cowlitz
Spring Chinook Program; Kalama River Spring Chinook Program; Lewis
River Spring Chinook Program; Fish First Spring Chinook Program; Sandy
River Hatchery (Oregon Department of Fish and Wildlife Stock
11); Deep River Net Pens Tule Fall Chinook Program; Klaskanine
Hatchery Tule Fall Chinook Program; Bonneville Hatchery Tule Fall
Chinook Program; and the Little White Salmon NFH Tule Fall Chinook
Program.'' The key changes proposed for this ESU include: (1) The
Elochoman River Tule Chinook Program has been terminated (the last
adult returns will be in 2013) and is being removed from the list of
artificial propagation programs that are part of this ESU; (2) four new
programs (Deep River Net Pens Tule Fall Chinook, Klaskanine Hatchery
Tule Fall Chinook, Bonneville Hatchery Tule Fall Chinook, and Little
White Salmon National Fish Hatchery Tule Fall Chinook programs) are now
considered part of this ESU; and (3) clarifications--first reported at
the time of listing (64 FR 14308; March 24, 1999)--about the status of
non-ESU Chinook salmon that

[[Page 38273]]

are known to spawn within the range of the Lower Columbia River ESU.
Salmon, Chinook (Puget Sound ESU)
We propose to revise this description to read: ``Naturally spawned
Chinook salmon originating from rivers flowing into Puget Sound from
the Elwha River (inclusive) eastward, including rivers in Hood Canal,
South Sound, North Sound and the Strait of Georgia. Also, Chinook
salmon from 27 artificial propagation programs: The Kendall Creek
Hatchery Program; Marblemount Hatchery Program (spring yearlings,
spring subyearlings, and summer-run); Harvey Creek Hatchery Program
(summer-run and fall-run); Whitehorse Springs Pond Program; Wallace
River Hatchery Program (yearlings and subyearlings); Tulalip Bay
Program; Issaquah Hatchery Program; Soos Creek Hatchery Program; Icy
Creek Hatchery Program; Keta Creek Hatchery Program; White River
Hatchery Program; White Acclimation Pond Program; Hupp Springs Hatchery
Program; Voights Creek Hatchery Program; Diru Creek Program; Clear
Creek Program; Kalama Creek Program; George Adams Hatchery Program;
Rick's Pond Hatchery Program; Hamma Hamma Hatchery Program; Dungeness/
Hurd Creek Hatchery Program; Elwha Channel Hatchery Program; and the
Skookum Creek Hatchery Spring-run Program.'' The key changes proposed
for this ESU include: (1) The Marblemount Hatchery fall Chinook program
has been terminated (the last adult returns will be in 2013) and is
being removed from the list of artificial propagation programs that are
part of this ESU; and (2) two new programs (Skookum Creek Hatchery
spring-run Chinook and Harvey Creek Hatchery fall-run Chinook) are now
considered part of this ESU.
Salmon, Chinook (Snake River Fall-Run ESU)
We propose to revise this description to read: ``Naturally spawned
fall-run Chinook salmon originating from the mainstem Snake River below
Hells Canyon Dam and from the Tucannon River, Grande Ronde River,
Imnaha River, Salmon River, and Clearwater River subbasins. Also, fall-
run Chinook salmon from four artificial propagation programs: The Lyons
Ferry Hatchery Program; Fall Chinook Acclimation Ponds Program; Nez
Perce Tribal Hatchery Program; and the Oxbow Hatchery Program.''
Salmon, Chinook (Snake River Spring/Summer-Run ESU)
We propose to revise this description to read: ``Naturally spawned
spring/summer-run Chinook salmon originating from the mainstem Snake
River and the Tucannon River, Grande Ronde River, Imnaha River, and
Salmon River subbasins. Also, spring/summer-run Chinook salmon from 11
artificial propagation programs: The Tucannon River Program; Lostine
River Program; Catherine Creek Program; Lookingglass Hatchery Program;
Upper Grande Ronde Program; Imnaha River Program; Big Sheep Creek
Program; McCall Hatchery Program; Johnson Creek Artificial Propagation
Enhancement Program; Pahsimeroi Hatchery Program; and the Sawtooth
Hatchery Program.'' The key changes proposed for this ESU include: (1)
Three artificial propagation programs (Lemhi River Captive Rearing
Experiment Program, East Fork Captive Rearing Experiment Program, and
West Fork Yankee Fork Captive Rearing Experiment Program) have been
terminated (the last adult returns were in 2009) and are being removed
from the list of programs that are part of this ESU; and (2) three
captive broodstock programs (Tucannon River, Lostine River, and
Catherine Creek) are transitioning to naturally returning fish but will
remain as artificial propagation programs that are part of the ESU.
Salmon, Chinook (Upper Willamette River ESU)
We propose to revise this description to read: ``Naturally spawned
spring-run Chinook salmon originating from the Clackamas River and from
the Willamette River and its tributaries above Willamette Falls. Also,
spring-run Chinook salmon from six artificial propagation programs: The
McKenzie River Hatchery Program (Oregon Department of Fish and Wildlife
(ODFW) Stock 23); Marion Forks Hatchery/North Fork Santiam
River Program (ODFW Stock 21); South Santiam Hatchery Program
(ODFW Stock 24) in the South Fork Santiam River and Mollala
River; Willamette Hatchery Program (ODFW Stock 22); and the
Clackamas Hatchery Program (ODFW Stock 19).'' The key changes
proposed for this ESU include: (1) The South Santiam Hatchery Program
(ODFW Stock 24) in the Calapooia River has been terminated
(the last adult returns were in 2008) and is being removed from the
list of artificial propagation programs that are part of this ESU; and
(2) two hatchery stock identification numbers (ODFW Stocks 23
and 24) were incorrectly identified in the NMFS regulations
and are now correctly assigned to the appropriate artificial
propagation programs.
Salmon, Chum (Columbia River ESU)
We propose to revise this description to read: ``Naturally spawned
chum salmon originating from the Columbia River and its tributaries in
Washington and Oregon. Also, chum salmon from three artificial
propagation programs: The Chinook River Program (Sea Resources
Hatchery); Grays River Program; and the Washougal River Hatchery/Duncan
Creek Hatchery Program.''
Salmon, Chum (Hood Canal Summer-Run ESU)
We propose to revise this description to read: ``Naturally spawned
summer-run chum salmon originating from Hood Canal and its tributaries
as well as from Olympic Peninsula rivers between Hood Canal and
Dungeness Bay (inclusive). Also, summer-run chum salmon from four
artificial propagation programs: The Hamma Hamma Fish Hatchery Program;
Lilliwaup Creek Fish Hatchery Program; Tahuya River Program; and the
Jimmycomelately Creek Fish Hatchery Program.'' The key changes proposed
for this ESU include: (1) Four artificial propagation programs
(Quilcene National Fish Hatchery, Big Beef Creek Fish Hatchery, Salmon
Creek Fish Hatchery, and Chimacum Creek Fish Hatchery) have been
terminated (the last adult returns were in 2008) and are being removed
from the list of programs that are part of this ESU; and (2) the Union
River program (originally part of a combined Union River/Tahuya River
program) has been terminated leaving just the Tahuya River program as
part of the ESU.
Salmon, Coho (Lower Columbia River ESU)
We propose to revise this description to read: ``Naturally spawned
coho salmon originating from the Columbia River and its tributaries
downstream from the Big White Salmon and Hood Rivers (inclusive) and
any such fish originating from the Willamette River and its tributaries
below Willamette Falls. Also, coho salmon from 23 artificial
propagation programs: The Grays River Program; Sea Resources Hatchery
Program; Peterson Coho Project; Big Creek Hatchery Program (Oregon
Department of Fish and Wildlife (ODFW) Stock 13); Astoria High
School Salmon-Trout Enhancement Program (STEP) Coho Program; Warrenton
High School STEP Coho Program; Cathlamet High School Future Farmers of
America Type-N Coho Program; Cowlitz Type-N Coho Program in the Upper
and Lower Cowlitz Rivers; Cowlitz Game and

[[Page 38274]]

Anglers Coho Program; Friends of the Cowlitz Coho Program; North Fork
Toutle River Hatchery Program; Kalama River Type-N Coho Program; Kalama
River Type-S Coho Program; Lewis River Type-N Coho Program; Lewis River
Type-S Coho Program; Fish First Wild Coho Program; Fish First Type-N
Coho Program; Syverson Project Type-N Coho Program; Washougal River
Type-N Coho Program; Eagle Creek National Fish Hatchery Program; Sandy
Hatchery Program (ODFW Stock 11); and the Bonneville/Cascade/
Oxbow Complex (ODFW Stock 14) Hatchery Program.'' The key
changes proposed for this ESU include: (1) The Elochoman Type-S and
Type-N Coho programs have been terminated (the last adult returns were
in 2010) and are being removed from the list of artificial propagation
programs that are part of this ESU; and (2) one program (Washougal
River Type-N Coho Program) was inadvertently omitted from the list of
artificial propagation programs and is now being identified as part of
this ESU.
Salmon, Coho (Oregon Coast ESU)
We propose to revise this description to read: ``Naturally spawned
coho salmon originating from coastal rivers south of the Columbia River
and north of Cape Blanco. Also, coho salmon from one artificial
propagation program: The Cow Creek Hatchery Program (Oregon Department
of Fish and Wildlife Stock 18).'' The key change proposed for
this ESU is a correction to the stock identification number for the Cow
Creek Hatchery Program.
Steelhead (California Central Valley DPS)
We propose to revise this description to read: ``Naturally spawned
anadromous O. mykiss (steelhead) originating below natural and manmade
impassable barriers from the Sacramento and San Joaquin Rivers and
their tributaries; excludes such fish originating from San Francisco
and San Pablo Bays and their tributaries. This DPS does include
steelhead from two artificial propagation programs: The Coleman
National Fish Hatchery Program, and the Feather River Fish Hatchery
Program.'' The key change proposed for this DPS involves identifying
two artificial propagation programs that are part of this DPS (the
Coleman National Fish Hatchery Program and the Feather River Fish
Hatchery Program) that were identified in the Federal Register notice
(71 FR 834; January 5, 2006) but were inadvertently omitted from the
current NMFS List in the CFR.
Steelhead (Central California Coast DPS)
We propose to revise this description to read: ``Naturally spawned
anadromous O. mykiss (steelhead) originating below natural and manmade
impassable barriers from the Russian River to and including Aptos
Creek, and all drainages of San Francisco and San Pablo Bays eastward
to Chips Island at the confluence of the Sacramento and San Joaquin
rivers. Also, steelhead from two artificial propagation programs: The
Don Clausen Fish Hatchery Program, and the Kingfisher Flat Hatchery
Program (Monterey Bay Salmon and Trout Project).'' The key change
proposed for this DPS involves identifying two artificial propagation
programs that are part of this DPS (the Don Clausen Fish Hatchery
Program, and the Kingfisher Flat Hatchery Program (Monterey Bay Salmon
and Trout Project) that were identified in the Federal Register notice
(71 FR 834; January 5, 2006) but were inadvertently omitted from the
current NMFS List in the CFR.
Steelhead (Lower Columbia River DPS)
We propose to revise this description to read: ``Naturally spawned
anadromous O. mykiss (steelhead) originating below natural and manmade
impassable barriers from rivers between the Cowlitz and Wind Rivers
(inclusive) and the Willamette and Hood Rivers (inclusive); excludes
such fish originating from the upper Willamette River basin above
Willamette Falls. This DPS does include steelhead from seven artificial
propagation programs: The Cowlitz Trout Hatchery Late Winter-run
Program (Lower Cowlitz); Kalama River Wild Winter-run and Summer-run
Programs; Clackamas Hatchery Late Winter-run Program (Oregon Department
of Fish and Wildlife (ODFW) Stock 122); Sandy Hatchery Late
Winter-run Program (ODFW Stock 11); Hood River Winter-run
Program (ODFW Stock 50); and the Lewis River Wild Late-run
Winter Steelhead Program.'' The key changes proposed for this DPS
include identifying artificial propagation programs that are part of
this DPS that were identified in the Federal Register notice (71 FR
834; January 5, 2006) but were inadvertently omitted from the current
NMFS List in the CFR. Also, based on our recent 5-year review of ESA-
listed salmonids (76 FR 50448; August 15, 2011), the following programs
are now being included as part of this DPS: The Cowlitz Trout Hatchery
Late Winter-run Program (Lower Cowlitz); Kalama River Wild Winter-run
and Summer-run Programs; Clackamas Hatchery Late Winter-run Program
(Oregon Department of Fish and Wildlife (ODFW) Stock 122);
Sandy Hatchery Late Winter-run Program (ODFW Stock 11); Hood
River Winter-run Program (ODFW Stock 50); and the Lewis River
Wild Late-run Winter Steelhead Program.
Steelhead (Middle Columbia River DPS)
We propose to revise this description to read: ``Naturally spawned
anadromous O. mykiss (steelhead) originating below natural and manmade
impassable barriers from the Columbia River and its tributaries
upstream of the Wind and Hood Rivers (exclusive) to and including the
Yakima River; excludes such fish originating from the Snake River
basin. This DPS does include steelhead from seven artificial
propagation programs: The Touchet River Endemic Program; Yakima River
Kelt Reconditioning Program (in Satus Creek, Toppenish Creek, Naches
River, and Upper Yakima River); Umatilla River Program (Oregon
Department of Fish and Wildlife (ODFW) Stock 91); and the
Deschutes River Program (ODFW Stock 66). This DPS does not
include steelhead that are designated as part of an experimental
population.'' The key changes proposed for this DPS include identifying
artificial propagation programs that are part of this DPS that were
identified in the Federal Register notice (71 FR 834; January 5, 2006)
but were inadvertently omitted from the current NMFS List in the CFR.
Also, based on our recent 5-year review of ESA-listed salmonids (76 FR
50448; August 15, 2011), the following programs are now being included
as part of this DPS: The Touchet River Endemic Program; Yakima River
Kelt Reconditioning Program (in Satus Creek, Toppenish Creek, Naches
River, and Upper Yakima River); Umatilla River Program (Oregon
Department of Fish and Wildlife (ODFW) Stock 91); and the
Deschutes River Program (ODFW Stock 66).
Steelhead (Middle Columbia River DPS-XN)
We recently designated a nonessential experimental population of
Middle Columbia River steelhead (78 FR 2893, Jan. 15, 2013). We propose
to add an entry for this experimental population onto the NMFS list to
provide the public with a description of this experimental population,
a citation to the Federal Register notice, and indicate ESA rules that
apply to this population. We propose to add the description: ``Middle
Columbia River steelhead only when, and at such times as, they are
found above Butte Dam.''

[[Page 38275]]

Steelhead (Puget Sound DPS)
We propose to revise this description to read: ``Naturally spawned
anadromous O. mykiss (steelhead) originating below natural and manmade
impassable barriers from rivers flowing into Puget Sound from the Elwha
River (inclusive) eastward, including rivers in Hood Canal, South
Sound, North Sound and the Strait of Georgia. Also, steelhead from six
artificial propagation programs: The Green River Natural Program; White
River Winter Steelhead Supplementation Program; Hood Canal Steelhead
Supplementation Off-station Projects in the Dewatto, Skokomish, and
Duckabush Rivers; and the Lower Elwha Fish Hatchery Wild Steelhead
Recovery Program.'' The key changes proposed for this DPS include: (1)
The Hamma Hamma River Hatchery program has been terminated (the last
adult returns were in 2010) and is being removed from the list of
artificial propagation programs that are part of this DPS; and (2) five
new programs (the White River Winter Steelhead Supplementation Program,
three Hood Canal Steelhead Supplementation off-station projects
(Dewatto River, Skokomish River, and Duckabush River), and the Lower
Elwha Fish Hatchery Wild Steelhead Recovery Program) are now considered
part of this DPS.
Steelhead (Snake River Basin DPS)
We propose to revise this description to read: ``Naturally spawned
anadromous O. mykiss (steelhead) originating below natural and manmade
impassable barriers from the Snake River basin. Also, steelhead from
six artificial propagation programs: The Tucannon River Program;
Dworshak National Fish Hatchery Program; Lolo Creek Program; North Fork
Clearwater Program; East Fork Salmon River Program; and the Little
Sheep Creek/Imnaha River Hatchery Program (Oregon Department of Fish
and Wildlife Stock 29).'' The key changes proposed for this
DPS include identifying artificial propagation programs that are part
of this DPS that were identified in the Federal Register notice (71 FR
834; January 5, 2006) but were inadvertently omitted from the current
NMFS List in the CFR. Also, based on our recent 5-year review of ESA-
listed salmonids (76 FR 50448; August 15, 2011), the following programs
are now being included as part of this DPS: The Tucannon River Program;
Dworshak National Fish Hatchery Program; Lolo Creek Program; North Fork
Clearwater Program; East Fork Salmon River Program; and the Little
Sheep Creek/Imnaha River Hatchery Program (Oregon Department of Fish
and Wildlife Stock 29).
Steelhead (Upper Columbia River DPS)
We propose to revise this description to read: ``Naturally spawned
anadromous O. mykiss (steelhead) originating below natural and manmade
impassable barriers from the Columbia River and its tributaries
upstream of the Yakima River to the U.S.-Canada border. Also, steelhead
from six artificial propagation programs: The Wenatchee River Program;
Wells Hatchery Program (in the Methow and Okanogan Rivers); Winthrop
National Fish Hatchery Program; Omak Creek Program; and the Ringold
Hatchery Program.''
Steelhead (Upper Willamette River DPS)
We propose to revise this description to read: ``Naturally spawned
anadromous winter-run O. mykiss (steelhead) originating below natural
and manmade impassable barriers from the Willamette River and its
tributaries upstream of Willamette Falls to and including the Calapooia
River.''

Correcting Amendments to Agency Regulations at 50 CFR Part 223

During our review of the NMFS Lists we discovered minor errors in
our regulations at 50 CFR 223, which specify the protections afforded
under ESA section 4(d) to various threatened species. We are proposing
to make the following revisions to correct these errors:
(1) We propose to correct the grammar in our regulations at 50 CFR
223.101(a) and 50 CFR 223.201(b)(1). In 50 CFR 223.101(a) we are
replacing the word ``governing'' with ``govern'' and in 50 CFR
223.201(b)(1) we are removing the phrase '' in accordance with the'',
which was added in error.
(2) Due to an oversight that occurred when we revised our NMFS List
of threatened species in 2006 (71 FR 38270; July 6, 2006), our
regulations at 50 CFR 223.203 incorrectly refer to the ``Marine
Mammals'' portion of our NMFS List at 50 CFR 223.102(a) when, instead,
they should have referred to ``Fishes'' at 50 CFR 223.102(c). However,
as we have proposed to discontinue numbering species in the threatened
lists and instead sort all threatened species in the table
alphabetically, all future references to the numbered salmonid listings
at 50 CFR 223.102(c) will be changed to reference the entire NMFS List
at ``223.102.'' Furthermore, we propose to modify the text in 50 CFR
223.203 to clarify that the regulations are specific to threatened West
Coast salmon ESUs and steelhead DPSs (of the genus Oncorhynchus), and
not applicable to other anadromous fishes (e.g., eulachon). Therefore,
we propose to change the current language in the regulations from
``threatened species of salmonids listed'' to ``threatened West Coast
salmon ESUs and steelhead DPSs (of the genus Oncorhynchus) listed'';
(3) Our regulations at 50 CFR 223.208 currently refer to corals
listed as threatened at ``223.102(d)''; however, for the reasons
previously described in this notice, we propose to discontinue
numbering the species in our NMFS Lists, and therefore propose to
change these regulations to refer to the entire NMFS List at
``223.102.'' Similarly, our regulations at 50 CFR 223.210 and 50 CFR
223.211 currently refer to the Southern DPS of North American green
sturgeon listed at ``223.102(c)(1)'' and the Southern DPS of spotted
seal listed at ``223.102(a)(3),'' respectively. We propose to change
these regulations to refer to the entire threatened NMFS List at
``223.102.''

References

Copies of previous Federal Register notices and related reference
materials are available on the Internet at https://www.nmfs.noaa.gov/pr/listing/reviews.htm, https://www.nwr.noaa.gov, or upon request (see FOR
FURTHER INFORMATION CONTACT section above).

Classification

Regulatory Flexibility Act (5 U.S.C. 601 et seq.) and Executive Order
13211

This proposed rule simply updates sections 223 and 224 of the CFR
with information that has already been approved or involves format
changes, none of which could result in economic impacts. Therefore, the
economic analysis requirements of the Regulatory Flexibility Act and
Executive Order 12866 are not applicable.

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. The proposed revisions may have
some benefit to state and local resource agencies in that the ESA-
listed species addressed in this rulemaking are more clearly and
consistently described.

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. In keeping with
that Order, we are proposing revisions to our

[[Page 38276]]

descriptions of ESA-listed species that will improve the clarity and
general draftsmanship of our regulations.

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. 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)

This proposed rule clarifies and updates the descriptions of
species under NMFS' jurisdiction that are currently listed as
threatened or endangered under the ESA and thus primarily
administrative in nature. As such, NMFS has determined this proposed
rule is categorically excluded from further NEPA review by NOAA
Administrative Order 216-6, paragraph 6.03c.3(i). No extraordinary
circumstances concerning this action exist. Therefore, NMFS will not
prepare an Environmental Assessment or Environmental Impacts statement
for the rule.

Government-to-Government Relationship With Tribes

Executive Order 13084 requires that if NMFS issues a regulation
that significantly or uniquely affects the communities of Indian tribal
governments and imposes substantial direct compliance costs on those
communities, NMFS must consult with those governments or the Federal
government must provide the funds necessary to pay the direct
compliance costs incurred by the tribal governments. This proposed rule
does not impose substantial direct compliance costs on Indian tribal
governments or communities. Accordingly, the requirements of section
3(b) of E.O. 13084 do not apply to this final rule. Nonetheless, during
our 5-year review of salmon and steelhead we solicited information from
the tribes, met with several tribal governments and associated tribal
fisheries commissions, and provided the opportunity for all interested
tribes to comment on the proposed changes to the species' status and
descriptions and discuss any concerns they may have. We will continue
to inform potentially affected tribal governments, solicit their input,
and coordinate on future management actions pertaining to the listed
species addressed in this proposed rule.

List of Subjects

50 CFR Part 223

Endangered and threatened species, Exports, Imports,
Transportation.

50 CFR Part 224

Administrative practice and procedure, Endangered and threatened
species, Exports, Imports, Reporting and recordkeeping requirements,
Transportation.

Dated: June 18, 2013.
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, 50 CFR part 223 is
proposed to be amended as follows:

PART 223--THREATENED MARINE AND ANADROMOUS SPECIES

0
1. The authority citation for part 223 continues to read as follows:

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

0
2. Revise Sec. 223.101 paragraph (a) to read as follows:

Sec. 223.101 Purpose and scope.

(a) The regulations contained in this part identify the species
under the jurisdiction of the Secretary of Commerce that have been
determined to be threatened species pursuant to section 4(a) of the
Act, and provide for the conservation of such species by establishing
rules and procedures to govern activities involving the species.
* * * * *
0
3. Revise Sec. 223.102 to read as follows:

Sec. 223.102 Enumeration of threatened marine and anadromous species.

(a) The table below identifies the species under the jurisdiction
of the Secretary of Commerce that have been determined to be threatened
pursuant to section 4(a) of the Act, as well as species treated as
threatened because they are sufficiently similar in appearance to
threatened species, and experimental populations of threatened species.
(b) The columns entitled ``Common name,'' ``Scientific name,'' and
``Description of listed entity'' define the species within the meaning
of the Act. In the ``Common name'' column, experimental populations are
identified as ``XE'' for essential populations or ``XN'' for
nonessential populations. Species listed based on similarity of
appearance are identified as ``S/A.'' Although a column for ``Common
name'' is included, common names cannot be relied upon for
identification of any specimen, because they may vary greatly in local
usage. The ``Scientific name'' column provides the most recently
accepted scientific name, relying to the extent practicable on the
International Code of Zoological Nomenclature. In cases in which
confusion might arise, a synonym(s) will be provided in parentheses.
The ``Description of listed entity'' column identifies whether the
listed entity comprises the entire species, a subspecies, or a distinct
population segment (DPS) and provides a description for any DPSs.
Unless otherwise indicated in the ``Description of listed entity''
column, all individual members of the listed entity and their progeny
retain their listing status wherever found, including individuals in
captivity. Information regarding the general range of the species,
subspecies, or DPS may be found in the Federal Register notice cited in
the ``Citation(s) for listing determination(s)'' column.
(c) The ``Citation(s) for listing determination(s)'' column
provides reference to the Federal Register notice(s) determining the
species' status under the Act. The abbreviation ``(SPR)'' (significant
portion of its range) after a citation indicates that the species was
listed based on its status in a significant portion of its range. If a
citation does not include the ``(SPR)'' notation, it means that the
species was listed based on its status throughout its entire range. For
``(SPR)'' listings, a geographical description of the SPR may be found
in the referenced Federal Register notice. The ``(SPR)'' notation
serves an informational purpose only and does not imply any limitation
on the application of the prohibitions or restrictions of the Act or
implementing rules.
(d) The ``Critical habitat'' and ``ESA rules'' columns provide
cross-references to other sections in this part and part 226. The term
``NA'' appearing in either of these columns indicates that there are no
critical habitat designations or ESA rules for that species. However,
all other applicable rules in parts 222 through

[[Page 38277]]

226 and part 402 still apply to that species. Also, there may be other
rules in this title that relate to such wildlife. The ``ESA rules''
column is not intended to list all Federal, state, tribal, or local
governmental regulations that may apply to the species.
(e) The threatened species under the jurisdiction of the Secretary
of Commerce are:

--------------------------------------------------------------------------------------------------------------------------------------------------------
Species \1\
---------------------------------------------------------------------------------------------------------- Citation(s) for listing Critical ESA rules
Common name Scientific name Description of listed entity determination(s) habitat
--------------------------------------------------------------------------------------------------------------------------------------------------------
Marine Mammals:
Sea lion, Steller (Eastern DPS). Eumetopias jubatus..... Steller sea lions born in the wild east of 55 FR 13488, Apr 10, 226.202 223.202,
144[deg] W. Long. Also, Steller sea lions 1990; 62 FR 24345, May 226.202
born in captivity whose mother was born 5, 1997.
in the wild east of 144[deg] W. Long.,
and progeny of these captives.
Seal, Arctic ringed............. Phoca (=Pusa) hispida Entire subspecies......................... 77 FR 76706, Dec 28, NA NA
hispida. 2012.
Seal, Baltic ringed............. Phoca (=Pusa) hispida Entire subspecies......................... 77 FR 76706, Dec 28, NA NA
botnica. 2012.
Seal, bearded (Beringia DPS).... Erignathus barbatus Bearded seals originating from breeding 77 FR 76740, Dec 28, NA NA
nauticus. areas in the Arctic Ocean and adjacent 2012.
seas in the Pacific Ocean between
145[deg] E. Long. (Novosibirskiye) and
130[deg] W. Long., and east of 157[deg]
E. Long or east of the Kamchatka
Peninsula.
Seal, bearded (Okhotsk DPS)..... Erignathus barbatus Bearded seals originating from breeding 77 FR 76740, Dec 28, NA NA
nauticus. areas in the Pacific Ocean west of 2012.
157[deg] E. Long. or west of the
Kamchatka Peninsula.
Seal, Guadalupe fur............. Arctocephalus townsendi Entire species............................ 50 FR 51252, Dec 16, NA 223.201
1985.
Seal, Okhotsk ringed............ Phoca (=Pusa) hispida Entire subspecies......................... 77 FR 76706, Dec 28, NA NA
ochotensis. 2012.
Seal, spotted (Southern DPS).... Phoca largha........... Spotted seals originating from breeding 75 FR 65239, Oct 22, NA 223.211
areas in the Pacific Ocean south of 2010.
43[deg] N. Lat.
Sea Turtles: \2\
Sea turtle, green............... Chelonia mydas......... Entire species, except when listed as 43 FR 32800, Jul 28, 226.208 223.205,
endangered under Sec. 224.101. 1978. 223.206,
223.207
Sea turtle, loggerhead Caretta caretta........ Loggerhead sea turtles originating from 76 FR 58868, Sep 22, NA 223.205,
(Northwest Atlantic Ocean DPS) the Northwest Atlantic Ocean west of 2011. 223.206,
40[deg] W. Long. 223.207
Sea turtle, loggerhead (South Caretta caretta........ Loggerhead sea turtles originating from 76 FR 58868, Sep 22, NA 223.205,
Atlantic Ocean DPS) the South Atlantic Ocean west of 20[deg] 2011. 223.206,
E. Long. and east of 67[deg] W. Long. 223.207
Sea turtle, loggerhead Caretta caretta........ Loggerhead sea turtles originating from 76 FR 58868, Sep 22, NA 223.205,
(Southeast Indo-Pacific Ocean the Southeast Indian Ocean east of 2011. 223.206,
DPS) 80[deg] E. Long. and from the South 223.207
Pacific Ocean west of 141[deg] E. Long.
Sea turtle, loggerhead Caretta caretta........ Loggerhead sea turtles originating from 76 FR 58868, Sep 22, NA 223.205,
(Southwest Indian Ocean DPS) the Southwest Indian Ocean west of 2011. 223.206,
80[deg] E. Long., and east of 20[deg] E. 223.207
Long.
Sea turtle, olive ridley........ Lepidochelys olivacea.. Entire species, except when listed as 43 FR 32800, Jul 28, NA 223.205,
endangered under Sec. 224.101. 1978. 223.206,
223.207
Fishes:
Eulachon (Southern DPS)......... Thaleichthys pacificus. Eulachon originating from the Skeena River 75 FR 13012, Mar 18, 226.222 NA
in British Columbia south to and 2010.
including the Mad River in northern
California.
Rockfish, canary (Puget Sound/ Sebastes pinniger...... Canary rockfish originating from Puget 75 FR 22276, Apr 28, NA NA
Georgia Basin DPS). Sound and the Georgia Basin. 2010.
Rockfish, yelloweye (Puget Sound/ Sebastes ruberrimus.... Yelloweye rockfish originating from Puget 75 FR 22276, Apr 28, NA NA
Georgia Basin DPS). Sound and the Georgia Basin. 2010.
Salmon, Chinook (California Oncorhynchus Naturally spawned Chinook salmon 70 FR 37160, Jun 28, 226.211 223.203
Coastal ESU). tshawytscha. originating from rivers and streams south 2005.
of the Klamath River to and including the
Russian River.
Salmon, Chinook (Central Valley Oncorhynchus Naturally spawned spring-run Chinook 70 FR 37160, Jun 28, 226.211 223.203
spring-run ESU). tshawytscha. salmon originating from the Sacramento 2005.
River and its tributaries. Also, spring-
run Chinook salmon from the Feather River
Hatchery spring-run Chinook Program.
Salmon, Chinook (Lower Columbia Oncorhynchus Naturally spawned Chinook salmon 70 FR 37160, Jun 28, 226.212 223.203
River ESU) tshawytscha. originating from the Columbia River and 2005.
its tributaries downstream of a
transitional point east of the Hood and
White Salmon Rivers, and any such fish
originating from the Willamette River and
its tributaries below Willamette Falls.
Not included in this DPS are: (1) Spring-
run Chinook salmon originating from the
Clackamas River; (2) fall-run Chinook
salmon originating from Upper Columbia
River Bright hatchery stocks, that spawn
in the mainstem Columbia River below
Bonneville Dam and in other tributaries
upstream from the dam to the Hood and
White Salmon Rivers; (3) spring-run
Chinook salmon originating from the Round
Butte Hatchery (Deschutes River, Oregon)
and spawning in the Hood River; (4)
spring-run Chinook salmon originating
from the Carson National Fish hatchery
and spawning in the Wind River; and (5)
naturally spawning Chinook salmon
originating from the Rogue River Fall
Chinook Program. This DPS does include
Chinook salmon from 20 artificial
propagation programs: The Sea Resources
Tule Chinook Program; Big Creek Tule
Chinook Program; Astoria High School
Salmon-Trout Enhancement Program (STEP)
Tule Chinook Program; Warrenton High
School STEP Tule Chinook Program; Cowlitz
Tule Chinook Program; North Fork Toutle
Tule Chinook Program; Kalama Tule Chinook
Program; Washougal River Tule Chinook
Program; Spring Creek National Fish
Hatchery (NFH) Tule Chinook Program;
Cowlitz Spring Chinook Program in the
Upper Cowlitz River and the Cispus River;
Friends of the Cowlitz Spring Chinook
Program; Kalama River Spring Chinook
Program; Lewis River Spring Chinook
Program; Fish First Spring Chinook
Program; Sandy River Hatchery (Oregon
Department of Fish and Wildlife Stock
11); Deep River Net Pens Tule
Fall Chinook Program; Klaskanine Hatchery
Tule Fall Chinook Program; Bonneville
Hatchery Tule Fall Chinook Program; and
the Little White Salmon NFH Tule Fall
Chinook Program.

[[Page 38278]]

Salmon, Chinook (Puget Sound Oncorhynchus Naturally spawned Chinook salmon 70 FR 37160, Jun 28, 226.212 223.203
ESU). tshawytscha. originating from rivers flowing into 2005.
Puget Sound from the Elwha River
(inclusive) eastward, including rivers in
Hood Canal, South Sound, North Sound and
the Strait of Georgia. Also, Chinook
salmon from 27 artificial propagation
programs: The Kendall Creek Hatchery
Program; Marblemount Hatchery Program
(spring yearlings, spring subyearlings,
and summer-run); Harvey Creek Hatchery
Program (summer-run and fall-run);
Whitehorse Springs Pond Program; Wallace
River Hatchery Program (yearlings and
subyearlings); Tulalip Bay Program;
Issaquah Hatchery Program; Soos Creek
Hatchery Program; Icy Creek Hatchery
Program; Keta Creek Hatchery Program;
White River Hatchery Program; White
Acclimation Pond Program; Hupp Springs
Hatchery Program; Voights Creek Hatchery
Program; Diru Creek Program; Clear Creek
Program; Kalama Creek Program; George
Adams Hatchery Program; Rick's Pond
Hatchery Program; Hamma Hamma Hatchery
Program; Dungeness/Hurd Creek Hatchery
Program; Elwha Channel Hatchery Program;
and the Skookum Creek Hatchery Spring-run
Program.
Salmon, Chinook (Snake River Oncorhynchus Naturally spawned fall-run Chinook salmon 70 FR 37160, Jun 28, 226.205 223.203
fall-run ESU). tshawytscha. originating from the mainstem Snake River 2005.
below Hells Canyon Dam and from the
Tucannon River, Grande Ronde River,
Imnaha River, Salmon River, and
Clearwater River subbasins. Also, fall-
run Chinook salmon from four artificial
propagation programs: The Lyons Ferry
Hatchery Program; Fall Chinook
Acclimation Ponds Program; Nez Perce
Tribal Hatchery Program; and the Oxbow
Hatchery Program.
Salmon, Chinook (Snake River Oncorhynchus Naturally spawned spring/summer-run 70 FR 37160, Jun 28, 226.205 223.203
spring/summer-run ESU). tshawytscha. Chinook salmon originating from the 2005.
mainstem Snake River and the Tucannon
River, Grande Ronde River, Imnaha River,
and Salmon River subbasins. Also, spring/
summer-run Chinook salmon from 11
artificial propagation programs: The
Tucannon River Program; Lostine River
Program; Catherine Creek Program;
Lookingglass Hatchery Program; Upper
Grande Ronde Program; Imnaha River
Program; Big Sheep Creek Program; McCall
Hatchery Program; Johnson Creek
Artificial Propagation Enhancement
Program; Pahsimeroi Hatchery Program; and
the Sawtooth Hatchery Program.
Salmon, Chinook (Upper Oncorhynchus Naturally spawned spring-run Chinook 70 FR 37160, Jun 28, 226.212 223.203
Willamette River ESU). tshawytscha. salmon originating from the Clackamas 2005.
River and from the Willamette River and
its tributaries above Willamette Falls.
Also, spring-run Chinook salmon from six
artificial propagation programs: The
McKenzie River Hatchery Program (Oregon
Department of Fish and Wildlife (ODFW)
Stock 23); Marion Forks Hatchery/
North Fork Santiam River Program (ODFW
Stock 21); South Santiam
Hatchery Program (ODFW Stock 24)
in the South Fork Santiam River and
Mollala River; Willamette Hatchery
Program (ODFW Stock 22); and the
Clackamas Hatchery Program (ODFW Stock
19).
Salmon, chum (Columbia River Oncorhynchus keta...... Naturally spawned chum salmon originating 70 FR 37160, Jun 28, 226.212 223.203
ESU). from the Columbia River and its 2005.
tributaries in Washington and Oregon.
Also, chum salmon from three artificial
propagation programs: The Chinook River
Program (Sea Resources Hatchery); Grays
River Program; and the Washougal River
Hatchery/Duncan Creek Hatchery Program.
Salmon, chum (Hood Canal summer- Oncorhynchus keta...... Naturally spawned summer-run chum salmon 70 FR 37160, Jun 28, 226.212 223.203
run ESU). originating from Hood Canal and its 2005.
tributaries as well as from Olympic
Peninsula rivers between Hood Canal and
Dungeness Bay (inclusive). Also, summer-
run chum salmon from four artificial
propagation programs: The Hamma Hamma
Fish Hatchery Program; Lilliwaup Creek
Fish Hatchery Program; Tahuya River
Program; and the Jimmycomelately Creek
Fish Hatchery Program.
Salmon, coho (Lower Columbia Oncorhynchus kisutch... Naturally spawned coho salmon originating 70 FR 37160, Jun 28, NA 223.203
River ESU). from the Columbia River and its 2005.
tributaries downstream from the Big White
Salmon and Hood Rivers (inclusive) and
any such fish originating from the
Willamette River and its tributaries
below Willamette Falls. Also, coho salmon
from 23 artificial propagation programs:
The Grays River Program; Sea Resources
Hatchery Program; Peterson Coho Project;
Big Creek Hatchery Program (Oregon
Department of Fish and Wildlife (ODFW)
Stock 13); Astoria High School
Salmon-Trout Enhancement Program (STEP)
Coho Program; Warrenton High School STEP
Coho Program; Cathlamet High School
Future Farmers of America Type-N Coho
Program; Cowlitz Type-N Coho Program in
the Upper and Lower Cowlitz Rivers;
Cowlitz Game and Anglers Coho Program;
Friends of the Cowlitz Coho Program;
North Fork Toutle River Hatchery Program;
Kalama River Type-N Coho Program; Kalama
River Type-S Coho Program; Lewis River
Type-N Coho Program; Lewis River Type-S
Coho Program; Fish First Wild Coho
Program; Fish First Type-N Coho Program;
Syverson Project Type-N Coho Program;
Washougal River Type-N Coho Program;
Eagle Creek National Fish Hatchery
Program; Sandy Hatchery Program (ODFW
Stock 11); and the Bonneville/
Cascade/Oxbow Complex (ODFW Stock 14) Hatchery Program.
Salmon, coho (Oregon Coast ESU). Oncorhynchus kisutch... Naturally spawned coho salmon originating 76 FR 35755, Jun 20, 226.212 223.203
from coastal rivers south of the Columbia 2011.
River and north of Cape Blanco. Also,
coho salmon from one artificial
propagation program: The Cow Creek
Hatchery Program (Oregon Department of
Fish and Wildlife Stock 18).
Salmon, coho (Southern Oregon/ Oncorhynchus kisutch... Naturally spawned coho salmon originating 70 FR 37160, Jun 28, 226.210 223.203
Northern California Coast ESU). from coastal streams and rivers between 2005.
Cape Blanco, Oregon and Punta Gorda,
California. Also, coho salmon from three
artificial propagation programs: The Cole
Rivers Hatchery Program (ODFW Stock
52); Trinity River Hatchery
Program; and the Iron Gate Hatchery
Program.
Salmon, sockeye (Ozette Lake Oncorhynchus nerka..... Naturally spawned sockeye salmon 70 FR 37160, Jun 28, 226.212 223.203
ESU). originating from the Ozette River and 2005.
Ozette Lake and its tributaries. Also,
sockeye salmon from two artificial
propagation programs: The Umbrella Creek
Hatchery Program; and the Big River
Hatchery Program.

[[Page 38279]]

Steelhead (California Central Oncorhynchus mykiss.... Naturally spawned anadromous O. mykiss 71 FR 834, Jan 5, 2006. 226.211 223.203
Valley DPS). (steelhead) originating below natural and
manmade impassable barriers from the
Sacramento and San Joaquin Rivers and
their tributaries; excludes such fish
originating from San Francisco and San
Pablo Bays and their tributaries. This
DPS does include steelhead from two
artificial propagation programs: The
Coleman National Fish Hatchery Program,
and the Feather River Fish Hatchery
Program.
Steelhead (Central California Oncorhynchus mykiss.... Naturally spawned anadromous O. mykiss 71 FR 834, Jan 5, 2006. 226.211 223.203
Coast DPS). (steelhead) originating below natural and
manmade impassable barriers from the
Russian River to and including Aptos
Creek, and all drainages of San Francisco
and San Pablo Bays eastward to Chipps
Island at the confluence of the
Sacramento and San Joaquin rivers. Also,
steelhead from two artificial propagation
programs: The Don Clausen Fish Hatchery
Program, and the Kingfisher Flat Hatchery
Program (Monterey Bay Salmon and Trout
Project).
Steelhead (Lower Columbia River Oncorhynchus mykiss.... Naturally spawned anadromous O. mykiss 71 FR 834, Jan 5, 2006. 226.212 223.203
DPS). (steelhead) originating below natural and
manmade impassable barriers from rivers
between the Cowlitz and Wind Rivers
(inclusive) and the Willamette and Hood
Rivers (inclusive); excludes such fish
originating from the upper Willamette
River basin above Willamette Falls. This
DPS does include steelhead from seven
artificial propagation programs: The
Cowlitz Trout Hatchery Late Winter-run
Program (Lower Cowlitz); Kalama River
Wild Winter-run and Summer-run Programs;
Clackamas Hatchery Late Winter-run
Program (Oregon Department of Fish and
Wildlife (ODFW) Stock 122);
Sandy Hatchery Late Winter-run Program
(ODFW Stock 11); Hood River
Winter-run Program (ODFW Stock 50); and the Lewis River Wild Late-run
Winter Steelhead Program.
Steelhead (Middle Columbia River Oncorhynchus mykiss.... Naturally spawned anadromous O. mykiss 71 FR 834, Jan 5, 2006. 226.212 223.203
DPS). (steelhead) originating below natural and
manmade impassable barriers from the
Columbia River and its tributaries
upstream of the Wind and Hood Rivers
(exclusive) to and including the Yakima
River; excludes such fish originating
from the Snake River basin. This DPS does
include steelhead from seven artificial
propagation programs: The Touchet River
Endemic Program; Yakima River Kelt
Reconditioning Program (in Satus Creek,
Toppenish Creek, Naches River, and Upper
Yakima River); Umatilla River Program
(Oregon Department of Fish and Wildlife
(ODFW) Stock 91); and the
Deschutes River Program (ODFW Stock
66). This DPS does not include
steelhead that are designated as part of
an experimental population.
Steelhead (Middle Columbia River Oncorhynchus mykiss.... Middle Columbia River steelhead only when, 78 FR 2893, Jan. 15, N/A 223.301
DPS-XN). and at such times as, they are found 2013.
above Round Butte Dam.
Steelhead (Northern California Oncorhynchus mykiss.... Naturally spawned anadromous O. mykiss 71 FR 834, Jan 5, 2006. 226.211 223.203
DPS). (steelhead) originating below natural and
manmade impassable barriers in California
coastal river basins from Redwood Creek
to and including the Gualala River.
Steelhead (Puget Sound DPS)..... Oncorhynchus mykiss.... Naturally spawned anadromous O. mykiss 72 FR 26722, May 11, NA 223.203
(steelhead) originating below natural and 2007.
manmade impassable barriers from rivers
flowing into Puget Sound from the Elwha
River (inclusive) eastward, including
rivers in Hood Canal, South Sound, North
Sound and the Strait of Georgia. Also,
steelhead from six artificial propagation
programs: The Green River Natural
Program; White River Winter Steelhead
Supplementation Program; Hood Canal
Steelhead Supplementation Off-station
Projects in the Dewatto, Skokomish, and
Duckabush Rivers; and the Lower Elwha
Fish Hatchery Wild Steelhead Recovery
Program.
Steelhead (Snake River Basin Oncorhynchus mykiss.... Naturally spawned anadromous O. mykiss 71 FR 834, Jan 5, 2006. 226.212 223.203
DPS). (steelhead) originating below natural and
manmade impassable barriers from the
Snake River basin. Also, steelhead from
six artificial propagation programs: The
Tucannon River Program; Dworshak National
Fish Hatchery Program; Lolo Creek
Program; North Fork Clearwater Program;
East Fork Salmon River Program; and the
Little Sheep Creek/Imnaha River Hatchery
Program (Oregon Department of Fish and
Wildlife Stock 29).
Steelhead (South-Central Oncorhynchus mykiss.... Naturally spawned anadromous O. mykiss 71 FR 834, Jan 5, 2006. 226.211 223.203
California Coast DPS). (steelhead) originating below natural and
manmade impassable barriers from the
Pajaro River to (but not including) the
Santa Maria River.
Steelhead (Upper Columbia River Oncorhynchus mykiss.... Naturally spawned anadromous O. mykiss 71 FR 834, Jan 5, 2006. 226.212 223.203
DPS). (steelhead) originating below natural and
manmade impassable barriers from the
Columbia River and its tributaries
upstream of the Yakima River to the U.S.-
Canada border. Also, steelhead from six
artificial propagation programs: The
Wenatchee River Program; Wells Hatchery
Program (in the Methow and Okanogan
Rivers); Winthrop National Fish Hatchery
Program; Omak Creek Program; and the
Ringold Hatchery Program.
Steelhead (Upper Willamette Oncorhynchus mykiss.... Naturally spawned anadromous winter-run O. 71 FR 834, Jan 5, 2006. 226.212 223.203
River DPS). mykiss (steelhead) originating below
natural and manmade impassable barriers
from the Willamette River and its
tributaries upstream of Willamette Falls
to and including the Calapooia River.
Sturgeon, Atlantic (Gulf of Acipenser oxyrinchus Anadromous Atlantic sturgeon originating 77 FR 5880, Feb 6, 2012 NA NA
Maine DPS). oxyrinchus. from watersheds from the Maine/Canadian
border and extending southward to include
all associated watersheds draining into
the Gulf of Maine as far south as
Chatham, MA.
Sturgeon, Gulf.................. Acipenser oxyrinchus Entire subspecies......................... 56 FR 49653, Sep 30, 226.214 17.44(v)
desotoi. 1991.
Sturgeon, North American green Acipenser medirostris.. Green sturgeon originating from coastal 71 FR 17757, April 7, 226.219 223.210
(Southern DPS). rivers south of the Eel River (exclusive) 2006; 71 FR 19241,
and the Sacramento River basin. April 13, 2006.
Marine Invertebrates:
Coral, elkhorn.................. Acropora palmata....... Entire species............................ 71 FR 26852, May 9, 226.216 223.208
2006.
Coral, staghorn................. Acropora cervicornis... Entire species............................ 71 FR 26852, May 9, 226.216 223.208
2006.
Marine Plants:

[[Page 38280]]

Seagrass, Johnson's............. Halophila johnsonii.... Entire species............................ 63 FR 49035, Sep 14, 226.213 NA
1998.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 1996), and
evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991).
\2\ Jurisdiction for sea turtles by the Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, is
limited to turtles while in the water.
[71 FR 26861, May 9, 2006, as amended at 71 FR 31965, June 2, 2006; 71 FR 38270, July 6, 2006; 72 FR 26734, May 11, 2007; 73 FR 7843, Feb. 11, 2008; 73
FR 72236, Nov. 26, 2008; 74 FR 42606, Aug. 24, 2009; 75 FR 13024, Mar. 18, 2010; 75 FR 22289, Apr. 28, 2010; 75 FR 65248, Oct. 22, 2010; 76 FR 35771,
June 20, 2011; 76 FR 58951, Sept. 22, 2011; 77 FR 5911, Feb. 6, 2012].

0
4. In Sec. 223.201, paragraph (b)(1) is revised to read as follows:

Sec. 223.201 Guadalupe fur seal.

* * * * *
(b) Exceptions. (1) The Assistant Administrator may issue permits
authorizing activities which would otherwise be prohibited under
paragraph (a) of this section subject to the provisions of part 222
subpart C--General Permit Procedures.
* * * * *
0
5. In Sec. 223.203,
0
(a) Revise paragraph (a) and the introductory text of paragraph (b);
0
(b) Revise paragraph (b)(1) and the introductory text of paragraphs
(b)(2), (b)(3), and (b)(4);
0
(c) Remove and reserve paragraph (b)(4)(v);
0
(d) Revise the introductory text of paragraphs (b)(5), (b)(6), (b)(7),
(b)(8), (b)(9), (b)(10), (b)(11), (b)(12), and (b)(13); and,
0
(e) Revise the first sentence of paragraph (c) to read as follows:

Sec. 223.203 Anadromous fish.

(a) Prohibitions. The prohibitions of section 9(a)(1) of the ESA
(16 U.S.C. 1538(a)(1)) relating to endangered species apply to fish
with an intact adipose fin that are part of the threatened West Coast
salmon ESUs and steelhead DPSs (of the genus Oncorhynchus) listed in
Sec. 223.102.
(b) Limits on the prohibitions. The limits to the prohibitions of
paragraph (a) of this section relating to threatened West Coast salmon
ESUs and steelhead DPSs (of the genus Oncorhynchus) listed in Sec.
223.102 are described in the following paragraphs (b)(1) through
(b)(13):
(1) The exceptions of section 10 of the ESA (16 U.S.C. 1539) and
other exceptions under the Act relating to endangered species,
including regulations in part 222 of this chapter implementing such
exceptions, also apply to the threatened West Coast salmon ESUs and
steelhead DPSs (of the genus Oncorhynchus) listed in Sec. 223.102.
(2) The prohibitions of paragraph (a) of this section relating to
threatened Puget Sound steelhead listed in Sec. 223.102 do not apply
to:
* * * * *
(3) The prohibitions of paragraph (a) of this section relating to
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus
Oncorhynchus) listed in Sec. 223.102 do not apply to any employee or
designee of NMFS, the United States Fish and Wildlife Service, any
Federal land management agency, the Idaho Department of Fish and Game
(IDFG), Washington Department of Fish and Wildlife (WDFW), the Oregon
Department of Fish and Wildlife (ODFW), California Department of Fish
and Game (CDFG), or of any other governmental entity that has co-
management authority for the listed salmonids, when the employee or
designee, acting in the course of his or her official duties, takes a
threatened salmonid without a permit if such action is necessary to:
* * * * *
(4) The prohibitions of paragraph (a) of this section relating to
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus
Oncorhynchus) listed in Sec. 223.102 do not apply to fishery harvest
activities provided that:
* * * * *
(v) [Reserved]
(5) The prohibitions of paragraph (a) of this section relating to
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus
Oncorhynchus) listed in Sec. 223.102 do not apply to activity
associated with artificial propagation programs provided that:
* * * * *
(6) The prohibitions of paragraph (a) of this section relating to
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus
Oncorhynchus) listed in Sec. 223.102 do not apply to actions
undertaken in compliance with a resource management plan developed
jointly by the States of Washington, Oregon and/or Idaho and the Tribes
(joint plan) within the continuing jurisdiction of United States v.
Washington or United States v. Oregon, the on-going Federal court
proceedings to enforce and implement reserved treaty fishing rights,
provided that:
* * * * *
(7) The prohibitions of paragraph (a) of this section relating to
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus
Oncorhynchus) listed in Sec. 223.102 do not apply to scientific
research activities provided that:
* * * * *
(8) The prohibitions of paragraph (a) of this section relating to
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus
Oncorhynchus) listed in Sec. 223.102 do not apply to habitat
restoration activities, as defined in paragraph (b)(8)(iv) of this
section, provided that the activity is part of a watershed conservation
plan, and:
* * * * *
(9) The prohibitions of paragraph (a) of this section relating to
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus
Oncorhynchus) listed in Sec. 223.102 do not apply to the physical
diversion of water from a stream or lake, provided that:
* * * * *
(10) The prohibitions of paragraph (a) of this section relating to
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus
Oncorhynchus) listed in Sec. 223.102 do not apply to routine road
maintenance activities provided that:
* * * * *
(11) The prohibitions of paragraph (a) of this section relating to
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus
Oncorhynchus) listed in Sec. 223.102 do not apply to activities within
the City of Portland, Oregon Parks and Recreation Department's (PP&R)
Pest Management Program (March 1997), including its Waterways Pest
Management Policy updated December 1, 1999, provided that:
* * * * *
(12) The prohibitions of paragraph (a) of this section relating to
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus
Oncorhynchus) listed in Sec. 223.102 do not apply to municipal,
residential, commercial, and industrial (MRCI) development (including
redevelopment) activities provided that:
* * * * *
(13) The prohibitions of paragraph (a) of this section relating to
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus
Oncorhynchus) listed in Sec. 223.102 do not apply to non-Federal
forest management activities

[[Page 38281]]

conducted in the State of Washington provided that:
* * * * *
(c) Affirmative Defense. In connection with any action alleging a
violation of the prohibitions of paragraph (a) of this section with
respect to the threatened West Coast salmon ESUs and steelhead DPSs (of
the genus Oncorhynchus) listed in Sec. 223.102, any person claiming
the benefit of any limit listed in paragraph (b) of this section or
Sec. 223.204(a) shall have a defense where the person can demonstrate
that the limit is applicable and was in force, and that the person
fully complied with the limit at the time of the alleged violation. * *
*
* * * * *
0
6. In Sec. 223.208, paragraph (a)(1) is revised to read as follows:

Sec. 223.208 Corals.

(a) * * *
(1) The prohibitions of section 9(a)(1) of the ESA (16 U.S.C.
1538(a)(1)) relating to endangered species apply to elkhorn (Acropora
palmata) and staghorn (A. cervicornis) corals listed as threatened in
Sec. 223.102, except as provided in Sec. 223.208(c).
* * * * *
0
7. In Sec. 223.210,
0
(a) Revise paragraphs (a) and (b), (b)(1) introductory text, paragraph
(b)(2), (b)(3) introductory text, and (b)(4) introductory text;
0
(b) Revise paragraph (c), (c)(1) introductory text, and paragraphs
(c)(2) and (c)(3); and,
0
(c) Revise paragraphs (d) and (e) to read as follows:

Sec. 223.210 North American green sturgeon.

(a) Prohibitions. The prohibitions of section 9(a)(1)(A) through
9(a)(1)(G) of the ESA (16 U.S.C. 1538) relating to endangered species
apply to the threatened Southern Distinct Population Segment (DPS) of
North American green sturgeon listed in Sec. 223.102.
(b) Exceptions. Exceptions to the take prohibitions described in
section 9(a)(1)(B) and (C) of the ESA (16 U.S.C. 1538(a)(1)(B) and (C))
applied in paragraph (a) of this section to the threatened Southern DPS
listed in section 223.102 are described in the following paragraphs
(b)(1) through (b)(3).
(1) Scientific Research and Monitoring Exceptions. The prohibitions
of paragraph (a) of this section relating to the threatened Southern
DPS listed in Sec. 223.102 do not apply to ongoing or future Federal,
state, or private-sponsored scientific research or monitoring
activities if:
* * * * *
(2) Enforcement Exception. The prohibitions of paragraph (a) of
this section relating to the threatened Southern DPS listed in Sec.
223.102 do not apply to any employee of NMFS, when the employee, acting
in the course of his or her official duties, takes the Southern DPS
listed in Sec. 223.102 without a permit, if such action is necessary
for purposes of enforcing the ESA or its implementing regulations.
* * * * *
(3) Emergency Fish Rescue and Salvage Exceptions. The prohibitions
of paragraph (a) of this section relating to the threatened Southern
DPS listed in Sec. 223.102 do not apply to emergency fish rescue and
salvage activities that include aiding sick, injured, or stranded fish,
disposing of dead fish, or salvaging dead fish for use in scientific
studies, if:
* * * * *
(4) Habitat Restoration Exceptions. The prohibitions of paragraph
(a) of this section relating to the threatened Southern DPS listed in
Sec. 223.102 do not apply to habitat restoration activities including
barrier removal or modification to restore water flows, riverine or
estuarine bed restoration, natural bank stabilization, restoration of
native vegetation, removal of non-native species, or removal of
contaminated sediments, that reestablish self-sustaining habitats for
the Southern DPS, if:
* * * * *
(c) Exemptions via ESA 4(d) Program Approval. Exemptions from the
take prohibitions described in section 9(a)(1)(B) and (C) of the ESA
(16 U.S.C. 1538(a)(1)(B) and (C)) applied in paragraph (a) of this
section to the threatened Southern DPS listed in Sec. 223.102 are
described in paragraphs (c)(1) through (c)(3) of this section.
(1) Scientific Research and Monitoring Exemptions. The prohibitions
of paragraph (a) of this section relating to the threatened Southern
DPS listed in Sec. 223.102 do not apply to ongoing or future state-
sponsored scientific research or monitoring activities that are part of
a NMFS-approved, ESA-compliant state 4(d) research program conducted
by, or in coordination with, state fishery management agencies
(California Department of Fish and Game, Oregon Department of Fish and
Wildlife, Washington Department of Fish and Wildlife, or Alaska
Department of Fish and Game), or as part of a monitoring and research
program overseen by, or coordinated by, one of these agencies. State
4(d) research programs must meet the following criteria:
* * * * *
(2) Fisheries Exemptions. The prohibitions of paragraph (a) of this
section relating to the threatened Southern DPS listed in Sec. 223.102
do not apply to fisheries activities that are conducted in accordance
with a NMFS-approved Fishery Management and Evaluation Plan (FMEP). If
NMFS finds that an FMEP meets the criteria listed below, a letter of
concurrence which sets forth the terms of the FMEP's implementation and
the duties of the parties pursuant to the FMEP, will be issued to the
applicant.
* * * * *
(3) Tribal Exemptions. The prohibitions of paragraph (a) of this
section relating to the threatened Southern DPS listed in Sec. 223.102
do not apply to fishery harvest or other activities undertaken by a
tribe, tribal member, tribal permittee, tribal employee, or tribal
agent in Willapa Bay, WA, Grays Harbor, WA, Coos Bay, OR, Winchester
Bay, OR, Humboldt Bay, CA, and any other area where tribal treaty
fishing occurs, if those activities are compliant with a tribal
resource management plan (Tribal Plan), provided that the Secretary
determines that implementation of such Tribal Plan will not appreciably
reduce the likelihood of survival and recovery of the Southern DPS. In
making that determination the Secretary shall use the best available
biological data (including any tribal data and analysis) to determine
the Tribal Plan's impact on the biological requirements of the species,
and will assess the effect of the Tribal Plan on survival and recovery,
consistent with legally enforceable tribal rights and with the
Secretary's trust responsibilities to tribes.
* * * * *
(d) The exceptions of section 10 of the ESA (16 U.S.C. 1539) and
other exceptions under the ESA relating to endangered species,
including regulations in part 222 of this chapter II implementing such
exceptions, also apply to the threatened Southern DPS of North American
green sturgeon listed in Sec. 223.102. Federal, state, and private-
sponsored research activities for scientific research or enhancement
purposes that are not covered under Scientific Research and Monitoring
Exceptions as described in paragraph (b)(1) of this section or
Scientific Research and Monitoring Exemptions as described in paragraph
(c)(1) of this section, may take Southern DPS fish pursuant to the
specifications of an ESA section 10 permit. Section 9(a)(1)(B) and
(a)(1)(C) take prohibitions would not apply to ongoing research
activities if an application for an ESA section

[[Page 38282]]

10(a)(1)(A) permit is received by NMFS, preferably through the NMFS
online application Web site https://apps.nmfs.noaa.gov, no later than
November 29, 2010. The take prohibitions would take effect if the
permit application is rejected as insufficient or a permit is denied.
If the permit application is received by November 29, 2010, ongoing
research activities may continue without take prohibitions until NMFS
issues or denies a permit.
(e) Affirmative Defense. In connection with any action alleging a
violation of the prohibitions of paragraph (a) of this section with
respect to the threatened Southern DPS of North American green sturgeon
listed in Sec. 223.102, any person claiming that his or her take is
authorized via methods listed in paragraph (b) of this section shall
have a defense where the person can demonstrate that the take
authorization is applicable and was in force, and that the person fully
complied with the take authorization requirements at the time of the
alleged violation. This defense is an affirmative defense that must be
raised, pleaded, and proven by the proponent. If proven, this defense
will be an absolute defense to liability under section 9(a)(1)(G) of
the ESA with respect to the alleged violation.
* * * * *
0
8. Add Sec. 223.211 to read as follows:

Sec. 223.211 Southern DPS of spotted seal.

The prohibitions of section 9(a)(1)(A) through 9(a)(1)(G) of the
ESA (16 U.S.C. 1538) relating to endangered species shall apply to the
Southern Distinct Population Segment of the spotted seal listed in
Sec. 223.102.
* * * * *
For the reasons set out in the preamble, 50 CFR part 224 is
proposed to be amended as follows:

PART 224--ENDANGERED MARINE AND ANADROMOUS SPECIES

0
9. The authority citation for part 224 continues to read as follows:

Authority: 16 U.S.C. 1531-1543 and 16 U.S.C. 1361 et seq.
0
10. Revise Sec. 224.101 to read as follows:

Sec. 224.101 Enumeration of endangered marine and anadromous species

(a) The regulations in this part identify the species under the
jurisdiction of the Secretary of Commerce that have been determined to
be endangered species pursuant to section 4(a) of the Act, and provide
for the conservation of such species by establishing rules and
procedures to governing activities involving the species.
(b) The regulations in this part apply only to the endangered
species enumerated in this section.
(c) The provisions of this part are in addition to, and not in lieu
of, other regulations of parts 222 through 226 of this chapter which
prescribe additional restrictions or conditions governing endangered
species.
(d) The table below identifies the species under the jurisdiction
of the Secretary of Commerce that have been determined to be endangered
pursuant to section 4(a) of the Act, as well as species treated as
endangered because they are sufficiently similar in appearance to
endangered species, and experimental populations of endangered species.
(e) The columns entitled ``Common name,'' ``Scientific name,'' and
``Description of listed entity'' define the species within the meaning
of the Act. In the ``Common name'' column, experimental populations are
identified as ``XE'' for essential populations or ``XN'' for
nonessential populations. Species listed based on similarity of
appearance are identified as ``S/A.'' Although a column for ``Common
name'' is included, common names cannot be relied upon for
identification of any specimen, because they may vary greatly in local
usage. The ``Scientific name'' column provides the most recently
accepted scientific name, relying to the extent practicable on the
International Code of Zoological Nomenclature. In cases in which
confusion might arise, a synonym(s) will be provided in parentheses.
The ``Description of listed entity'' column identifies whether the
listed entity comprises the entire species, a subspecies, or a distinct
population segment (DPS) and provides a description for any DPSs.
Unless otherwise indicated in the ``Description of listed entity''
column, all individual members of the listed entity and their progeny
retain their listing status wherever found, including individuals in
captivity. Information regarding the general range of the species,
subspecies, or DPS may be found in the Federal Register notice cited in
the ``Citation(s) for listing determination(s)'' column.
(f) The ``Citation(s) for listing determination(s)'' column
provides reference to the Federal Register Notice(s) determining the
species' status under the Act. The abbreviation ``(SPR)'' (significant
portion of its range) after a citation indicates that the species was
listed based on its status in a significant portion of its range. If a
citation does not include the ``(SPR)'' notation, it means that the
species was listed based on its status throughout its entire range. For
``(SPR)'' listings, a geographical description of the SPR may be found
in the referenced Federal Register Notice. The ``(SPR)'' notation
serves an informational purpose only and does not imply any limitation
on the application of the prohibitions or restrictions of the Act or
implementing rules.
(g) The ``Critical habitat'' and ``ESA rules'' columns provide
cross-references to other sections in this part and part 226. The term
``NA'' appearing in either of these columns indicates that there are no
critical habitat designations or ESA rules for that species. However,
all other applicable rules in parts 222 through 226 and part 402 still
apply to that species. Also, there may be other rules in this title
that relate to such wildlife. The ``ESA rules'' column is not intended
to list all Federal, state, tribal, or local governmental regulations
that may apply to the species.
(h) The endangered species under the jurisdiction of the Secretary
of Commerce are:

----------------------------------------------------------------------------------------------------------------
Species \1\
-------------------------------------------------------------------- Citation(s) for Critical
Description of listing habitat ESA rules
Common name Scientific name listed entity determination(s)
----------------------------------------------------------------------------------------------------------------
Marine Mammals:
Dolphin, Chinese River Lipotes Entire species.. 54 FR 22906, May NA NA
(aka baiji). vexillifer. 30, 1989.
Dolphin, Indus River...... Platanista Entire 55 FR 50835, Dec NA NA
gangetica minor. subspecies. 11, 1990.
Porpoise, Gulf of Phocoena sinus... Entire species.. 50 FR 1056, Jan NA NA
California harbor (aka 9, 1985.
vaquita or cochito).
Sea lion, Steller (Western Eumetopias Steller sea 62 FR 24345, May 226.202 224.103,
DPS). jubatus. lions born in 5, 1997. 226.202
the wild, west
of 144[deg] W.
Long. Also,
Steller sea
lions born in
captivity whose
mother was born
in the wild,
west of
144[deg] W.
Long., and
progeny of
these captives.
Seal, Hawaiian monk....... Monachus Entire species.. 41 FR 51611, Nov 226.201 NA
schauinslandi. 23, 1976.
Seal, Ladoga ringed....... Phoca (=Pusa) Entire 77 FR 76706; Dec NA NA
hispida subspecies. 28, 2012.
ladogensis.

[[Page 38283]]

Seal, Mediterranean monk.. Monachus monachus Entire species.. 35 FR 8491, Jun NA NA
2, 1970.
Seal, Saimaa ringed....... Phoca (=Pusa) Entire 58 FR 26920, May NA NA
hispida subspecies. 6, 1993.
saimensis.
Whale, beluga (Cook Inlet) Delphinapterus Beluga whales 73 FR 62919, Oct 226.220 NA
DPS). leucas. originating 22, 2008.
from Cook
Inlet, Alaska.
Whale, blue............... Balaenoptera Entire species.. 35 FR 18319, Dec NA NA
musculus. 2, 1970.
Whale, bowhead............ Balaena Entire species.. 35 FR 18319, Dec NA NA
mysticetus. 2, 1970.
Whale, false killer (Main Pseudorca False killer 77 FR 70915, NA NA
Hawaiian Islands Insular crassidens. whales found November 28,
DPS). from nearshore 2012.
of the main
Hawaiian
Islands out to
140 km
(approximately
75 nautical
miles) and
permanently
reside within
this geographic
range.
Whale, fin or finback..... Balaenoptera Entire species.. 35 FR 8491, Jun NA NA
physalus. 2, 1970.
Whale, gray (Western North Eschrichtius Western North 35 FR 8491, Jun NA NA
Pacific DPS). robustus. Pacific 2, 1970; 59 FR
(Korean) gray 31094, Jun 16,
whales. 1994.
Whale, humpback........... Megaptera Entire species.. 35 FR 18319, Dec NA 224.103
novaeangliae. 2, 1970.
Whale, killer (Southern Orcinus orca..... Killer whales 70 FR 69903, Nov 226.206 224.103
Resident DPS). from the J, K, 18, 2005.
and L pods,
except such
whales placed
in captivity
prior to
November 2005
and their
captive born
progeny.
Whale, North Atlantic Eubalaena Entire species.. 73 FR 12024, Mar 226.203 224.103,
right. glacialis. 6, 2008. 224.105
Whale, North Pacific right Eubalaena Entire species.. 73 FR 12024, Mar 226.215 224.103
japonica. 6, 2008.
Whale, sei................ Balaenoptera Entire species.. 35 FR 18319, Dec NA NA
borealis. 2, 1970.
Whale, Southern right..... Eubalaena Entire species.. 35 FR 18319, Dec NA NA
australis. 2, 1970.
Whale, sperm.............. Physeter Entire species.. 35 FR 18319, Dec NA NA
macrocephalus 2, 1970.
(=catodon).
Sea Turtles: \2\
Sea turtle, green......... Chelonia mydas... Breeding colony 43 FR 32800, Jul 226.208 224.104
populations in 28, 1978.
Florida and on
the Pacific
coast of Mexico.
Sea turtle, hawksbill..... Eretmochelys Entire species.. 35 FR 8491, Jun 226.209 224.104
imbricata. 2, 1970.
Sea turtle, Kemp's ridley. Lepidochelys Entire species.. 35 FR 18319, Dec NA 224.104
kempii. 2, 1970.
Sea turtle, leatherback... Dermochelys Entire species.. 35 FR 8491, Jun 226.207 224.104
coriacea. 2, 1970.
Sea turtle, loggerhead Caretta caretta.. Loggerhead sea 76 FR 58868, Sep NA 224.104
(Mediterranean Sea DPS). turtles 22, 2011.
originating
from the
Mediterranean
Sea.
Sea turtle, loggerhead Caretta caretta.. Loggerhead sea 76 FR 58868, Sep NA 224.104
(North Indian Ocean DPS). turtles 22, 2011.
originating
from the North
Indian Ocean.
Sea turtle, loggerhead Caretta caretta.. Loggerhead sea 76 FR 58868, Sep NA 224.104
(North Pacific Ocean DPS). turtles 22, 2011.
originating
from the North
Pacific Ocean.
Sea turtle, loggerhead Caretta caretta.. Loggerhead sea 76 FR 58868, Sep NA 224.104
(Northeast Atlantic Ocean turtles 22, 2011.
DPS). originating
from the
Northeast
Atlantic Ocean
east of 40[deg]
W. Long.,
except in the
vicinity of the
Strait of
Gibraltar where
the eastern
boundary is
5[deg]36' W.
Long.
Sea turtle, loggerhead Caretta caretta.. Loggerhead sea 76 FR 58868, Sep NA 224.104
(South Pacific Ocean DPS). turtles 22, 2011.
originating
from the South
Pacific Ocean
west of 67[deg]
W. Long., and
east of
141[deg] E.
Long.
Sea turtle, olive ridley.. Lepidochelys Breeding colony 43 FR 32800, Jul NA 224.104
olivacea. populations on 28, 1978.
the Pacific
coast of Mexico.
Fishes:
Bocaccio (Puget Sound/ Sebastes Bocaccio 75 FR 22276, Apr NA NA
Georgia Basin DPS). paucispinis. originating 28, 2010.
from Puget
Sound and the
Georgia Basin.
Salmon, Atlantic (Gulf of Salmo salar...... Naturally 74 FR 29344, Jun 226.217 NA
Maine DPS). spawned 19, 2009.
Atlantic salmon
originating
from the Gulf
of Maine,
including such
Atlantic salmon
originating
from watersheds
from the
Androscoggin
River northward
along the Maine
coast to the
Dennys River.
Also, Atlantic
salmon from two
artificial
propagation
programs: Green
Lake National
Fish Hatchery
(GLNFH) and
Craig Brook
National Fish
Hatchery
(CBNFH). This
DPS does not
include
landlocked
salmon and
those salmon
raised in
commercial
hatcheries for
aquaculture.
Salmon, Chinook Oncorhynchus Naturally 70 FR 37160, Jun 226.204 NA
(Sacramento River winter- tshawytscha. spawned winter- 28, 2005.
run ESU). run Chinook
salmon
originating
from the
Sacramento
River and its
tributaries.
Also, winter-
run Chinook
salmon from one
artificial
propagation
program: The
Livingston
Stone National
Fish Hatchery.
Salmon, Chinook (Upper Oncorhynchus Naturally 70 FR 37160, Jun 226.212 NA
Columbia River spring-run tshawytscha. spawned spring- 28, 2005.
ESU). run Chinook
salmon
originating
from Columbia
River
tributaries
upstream of the
Rock Island Dam
and downstream
of Chief Joseph
Dam (excluding
the Okanogan
River
subbasin).
Also, spring-
run Chinook
salmon from six
artificial
propagation
programs: The
Twisp River
Program;
Chewuch River
Program; Methow
Program;
Winthrop
National Fish
Hatchery
Program;
Chiwawa River
Program; and
the White River
Program.
Salmon, coho (Central Oncorhynchus Naturally 70 FR 37160, Jun 226.210 NA
California Coast ESU). kisutch. spawned coho 28, 2005;.
salmon 77 FR 19552, Apr
originating 2, 2012.
from rivers
south of Punta
Gorda,
California to
and including
Aptos Creek, as
well as such
coho salmon
originating
from
tributaries to
San Francisco
Bay. Also, coho
salmon from
three
artificial
propagation
programs: The
Don Clausen
Fish Hatchery
Captive
Broodstock
Program, the
Scott Creek/
King Fisher
Flats
Conservation
Program, and
the Scott Creek
Captive
Broodstock
Program.
Salmon, sockeye (Snake Oncorhynchus Naturally 70 FR 37160, Jun 226.205 NA
River ESU). nerka. spawned 28, 2005.
anadromous and
residual
sockeye salmon
originating
from the Snake
River basin.
Also, sockeye
salmon from one
artificial
propagation
program: The
Redfish Lake
Captive
Broodstock
Program.
Sawfish, largetooth....... Pristis perotteti Entire species.. 76 FR 40835, Jul NA NA
12, 2011.
Sawfish, smalltooth Pristis pectinata Smalltooth 68 FR 15674, Apr 226.218 NA
(United States DPS). sawfish 1, 2003.
originating
from U.S.
waters.

[[Page 38284]]

Steelhead (Southern Oncorhynchus Naturally 71 FR 834, Jan 5, 226.211 NA
California DPS). mykiss. spawned 2006.
anadromous O.
mykiss
(steelhead)
originating
below natural
and manmade
impassable
barriers from
the Santa Maria
River to the
U.S.-Mexico
Border.
Sturgeon, Atlantic Acipenser Atlantic 77 FR 5914, Feb NA NA
(Carolina DPS). oxyrinchus sturgeon 6, 2012.
oxyrinchus. originating
from watersheds
(including all
rivers and
tributaries)
from Albemarle
Sound southward
along the
southern
Virginia, North
Carolina, and
South Carolina
coastal areas
to Charleston
Harbor.
Sturgeon, Atlantic Acipenser Anadromous 77 FR 5880, Feb NA NA
(Chesapeake Bay DPS). oxyrinchus Atlantic 6, 2012.
oxyrinchus. sturgeon
originating
from watersheds
that drain into
the Chesapeake
Bay and into
coastal waters
from the
Delaware-
Maryland border
on Fenwick
Island to Cape
Henry, Virginia.
Sturgeon, Atlantic (New Acipenser Anadromous 77 FR 5880, Feb NA NA
York Bight DPS). oxyrinchus Atlantic 6, 2012.
oxyrinchus. sturgeon
originating
from watersheds
that drain into
coastal waters,
including Long
Island Sound,
the New York
Bight, and
Delaware Bay,
from Chatham,
MA to the
Delaware-
Maryland border
on Fenwick
Island.
Sturgeon, Atlantic (South Acipenser Atlantic 77 FR 5914, Feb NA NA
Atlantic DPS). oxyrinchus sturgeon 6, 2012.
oxyrinchus. originating
from watersheds
(including all
rivers and
tributaries) of
the ACE
(Ashepoo,
Combahee, and
Edisto) Basin
southward along
the South
Carolina,
Georgia, and
Florida coastal
areas to the
St. Johns
River, Florida.
Sturgeon, shortnose....... Acipenser Entire species.. 32 FR 4001, Mar NA NA
brevirostrum. 11, 1967.
Totoaba................... Cynoscion Entire species.. 44 FR 29480, May NA NA
macdonaldi. 21, 1979.
Marine Invertebrates:
Abalone, black............ Haliotis Entire species.. 74 FR 1937, Jan 226.221 NA
cracherodii. 14, 2009.
Abalone, white............ Haliotis Entire species.. 66 FR 29054, May, NA NA
sorenseni. 29, 2001..
----------------------------------------------------------------------------------------------------------------
\1\ Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement,
see 61 FR 4722, February 7, 1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56
FR 58612, November 20, 1991).
\2\ Jurisdiction for sea turtles by the Department of Commerce, National Oceanic and Atmospheric Administration,
National Marine Fisheries Service, is limited to turtles while in the water.
[64 FR 14066, Mar. 23, 1999, as amended 64 FR 14328, Mar. 24, 1999; 65 FR 20918, Apr. 19, 2000; 65 FR 69481,
Nov. 17, 2000; 66 FR 29055, May 29, 2001; 67 FR 21598, May 1, 2002; 68 FR 15680, Apr. 1, 2003; 70 FR 37203,
June 28, 2005; 70 FR 69912, Nov. 18, 2005; 71 FR 861, Jan. 5, 2006; 73 FR 12030, Mar. 6, 2008; 73 FR 63907,
Oct. 28, 2008; 73 FR 62930, Oct. 22, 2008; 74 FR 1946, Jan. 14, 2009; 74 FR 29386, June 19, 2009; 75 FR 22290,
Apr. 28, 2010; 76 FR 14300, Mar. 16, 2011; 76 FR 40835, July 12, 2011]

[FR Doc. 2013-15015 Filed 6-25-13; 8:45 am]
BILLING CODE 3510-22-P

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