Endangered and Threatened Wildlife; Final Rule To Revise the Code of Federal Regulations for Species Under the Jurisdiction of the National Marine Fisheries Service, 20802-20817 [2014-08347]

Download as PDF Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Rules and Regulations provision of this part may be subject to penalties under 18 U.S.C. 506, 18 U.S.C. 1017, or 42 U.S.C. 1320b–10. printed, surrounded by a border composed of a solid inner ring at the base of the text and a triangular, scalloped edge at the top of the text. § 18.5 Compliance and enforcement. In order to ensure adherence to the authorized uses of an HHS emblem, as provided in this part, a report of each suspected violation of this part or of questionable usage of any HHS emblem shall be submitted to the Inspector General, HHS Headquarters. Dated: April 7, 2014. Kathleen Sebelius, Secretary. [FR Doc. 2014–08190 Filed 4–11–14; 8:45 am] BILLING CODE 4150–04–P Background DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Parts 223 and 224 [Docket No. 130501429–4198–02] RIN 0648–XC659 Endangered and Threatened Wildlife; Final 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: Final rule. AGENCY: (e) The HHS Departmental Symbol, Logo, and Seal shall each be referred to as an HHS emblem and shall collectively be referred to as HHS emblems. § 18.2 Seal. Authority to affix Symbol, Logo or HHS emblems cannot be used for other than official HHS business without written authorization from the Secretary or the Secretary’s designee. Authority to provide authorization is delegated to the Assistant Secretary for Public Affairs (ASPA) or its designee. § 18.3 Official, unofficial or misuse of HHS emblems. mstockstill on DSK4VPTVN1PROD with RULES HHS emblems are for use by HHS employees conducting official HHS business. HHS emblems cannot be used non-Federal organizations on its materials without written authorization from HHS. Note to § 18.3: Non-Federal organizations refers to private sector, non-profit, advocacy, and commercial organizations, including HHS contractors and grantees. § 18.4 Prohibitions against unofficial use or misuse of the Symbol, Logo, or Seal. Any person who uses an HHS emblem in a manner inconsistent with the VerDate Mar<15>2010 16:13 Apr 11, 2014 Jkt 232001 We, NMFS, announce 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 5-year reviews under ESA section 4(c)(2), and corrections to regulatory text to fix inadvertent errors from previous rulemakings, update cross-references, and provide consistent language. We are not adding or removing any species to or from our lists, changing the status of any listed species, or adding or revising any critical habitat designation. DATES: This final rule is effective on April 14, 2014. ADDRESSES: Information concerning this final rule may be obtained by contacting SUMMARY: PO 00000 Frm 00050 Fmt 4700 Office of Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910. Copies of the 5-year status reviews can be found on our Web sites at http://www.nmfs.noaa.gov/pr/listing/ reviews.htm and http:// www.westcoast.fisheries.noaa.gov/. FOR FURTHER INFORMATION CONTACT: For further information regarding this rule 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, West Coast Region (503) 231–2317. SUPPLEMENTARY INFORMATION: Sfmt 4700 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 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, E:\FR\FM\14APR1.SGM 14APR1 ER14AP14.008</GPH> 20802 Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES 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. On June 26, 2013, we proposed to revise the NMFS Lists based on the aforementioned review and additionally proposed to correct or clarify text and update the list formats for all species under our jurisdiction (78 FR 38270), and solicited public comments. Summary of Comments Received in Response to the Proposed Rule We received a single comment from an individual and a number of comments from the Washington Department of Fish and Wildlife (WDFW) during the public comment period. A summary of the comments and our responses is provided below. Comment 1: One commenter objects to listing the species in the NMFS lists alphabetically by common name and states that in a list of this sort, a phylogenetic sequence should be used, and there are a number of published references that provide such lists. In this way, the agency would avoid the problem of taxa in a single genus being separated in the list by taxa of other genera. Listing some taxa by their common names and other taxa by their scientific names is confusing and inconsistent. As it stands, subspecific taxa are separated in the lists by other species. For example, bearded seal and Guadalupe fur seal are listed among three subspecies of ringed seals. The proposed rule calls for ordering the species alphabetically (not species and subspecies mixed together); therefore the three ringed seal subspecies should follow the Guadalupe fur seal in the list. Response: We acknowledge the presence of lists that use phylogenetic sequences and alphabetize taxa by their scientific names, and note that common names may vary in local usage; however, we want to make this list a resource that is easily accessible and searchable by a wide variety of audiences, including the general public. We are acting under the assumption that the general public would be more likely to search by common name, for example, ‘‘salmon’’ or ‘‘salmon, Chinook,’’ rather than search under ‘‘Oncorhynchus tshawytscha’’ in order to learn more about a listing VerDate Mar<15>2010 16:13 Apr 11, 2014 Jkt 232001 determination or critical habitat for a species. In this way, we are also making our lists consistent with the format of the FWS List for threatened and endangered wildlife (50 CFR 17.11). The threatened and endangered wildlife on the FWS List are listed alphabetically by common name. Additionally, we have created headings in the tables (such as ‘‘Marine Mammals,’’ ‘‘Sea Turtles,’’ and ‘‘Fishes’’) that should make searching for specific species less confusing. We are also removing the heading ‘‘Marine Invertebrates’’ and adding the new headings of ‘‘Corals’’ and ‘‘Molluscs’’ for increased specificity of the listed animals. This is not a substantive change, but having these more specific headings will help the public identify and locate species of interest in a more efficient manner. The ESA defines ‘‘species’’ to include subspecies or a DPS of any vertebrate species which interbreeds when mature (16 U.S.C. 1532(16)). As such, the ordering of the ‘‘species’’ alphabetically, as mentioned in the proposed rule, also includes ordering subspecies alphabetically as well. However, we agree that subspecies of the same species should not be separated by other species within the list order. Therefore, we will revise the listed subspecies by placing the subspecies’ common name within parentheses, similar to the way we have listed DPSs, and alphabetizing by the species’ common name. As an example, ‘‘Seal, Arctic ringed’’ will be revised to read ‘‘Seal, ringed (Arctic subspecies).’’ Comment 2: WDFW recommends identifying listed stocks by naming them individually by basin (noting that this convention was used for the Puget Sound steelhead DPS). Response: We believe that our current approach remains the best way to describe Pacific salmon and steelhead species listed under the ESA. In our experience, identifying an ESU or DPS using boundary streams or prominent geographic features (e.g., Cape Blanco) allows for concise and intuitive descriptions. As the commenter notes, there are a few cases where the unique geography of a species’ range (e.g., the inland waters of Puget Sound) may call for some additional description. However, in most cases ESA-listed ESUs and DPSs of salmonids under our jurisdiction are easily described using just a few boundary streams/features. More detailed information about finerscale species distribution can be found in the critical habitat designations and in population delineations described in ESA recovery plans and supporting technical documents for each listed salmon ESU and steelhead DPS. PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 20803 Comment 3: The Federal Register notice states revisions to the listing descriptions are ‘‘to take into account the addition or termination of specific artificial propagation programs which contribute individuals to that ESU or DPS.’’ WDFW recommends excluding segregated stocks meeting the following criteria: (i) Returning adults from the program do not contribute to the ESU; (ii) are within basins where wild stocks of the same species and run type do not occur; (iii) there is no historical natural population; (iv) the program is harvest oriented using an introduced stock to support a terminal fishery. As such, WDFW believes that the Lower Columbia River isolated (segregated) programs should be excluded from the listing. Response: For the issues raised in this comment we rely on our 2005 ‘‘Policy on the Consideration of Hatchery-Origin Fish in Endangered Species Act Listing Determinations for Pacific Salmon and Steelhead’’ (‘‘Hatchery Listing Policy’’; 70 FR 37204, June 28, 2005). The Hatchery Listing Policy establishes criteria for (1) determining when hatchery stocks should be considered part of the listed ESU/DPS; and (2) in evaluating the effect of hatcheryproduced fish on the extinction risk of an ESU/DPS. Delineating the ‘‘species’’ under consideration and then evaluating the species’ risk of extinction are distinct considerations in our ESA listing determinations, as reflected in the Hatchery Listing Policy. Some of WDFW’s recommended criteria are consistent with the Hatchery Listing Policy and pertinent to the determination of hatchery membership in an ESU/DPS. Some of the criteria, however, are not pertinent to the determination of hatchery membership but would inform an evaluation of the effects of hatchery fish on overall ESU/ DPS extinction risk. The Hatchery Listing Policy states that hatchery stocks will be considered part of an ESU/DPS if they exhibit a level of genetic divergence relative to the local natural population(s) that is not more than what occurs within the ESU/DPS. We evaluate the relatedness of each hatchery stock to the natural component of an ESU/DPS on the basis of stock origin and the degree of known or inferred genetic divergence between the hatchery stock and the local natural population(s). Several of the criteria that WDFW recommends for excluding segregated hatchery stocks are valid considerations for evaluating the level of divergence between a hatchery stock and the local natural population(s). Whether a hatchery stock is released in a basin where wild populations of the E:\FR\FM\14APR1.SGM 14APR1 mstockstill on DSK4VPTVN1PROD with RULES 20804 Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Rules and Regulations same species and run type do not occur, whether natural populations exist in the basin (historically or currently), and whether a program propagates an introduced stock, are each important considerations in evaluating the level of divergence of a hatchery stock relative to the local natural population(s). However, whether a hatchery stock is contributing to natural productivity does not inform our determination of hatchery membership in a listed ESU/ DPS. Rather, such information would inform our evaluation of the effects of the hatchery stock on overall ESU/DPS extinction risk. Similarly, the management purpose of a hatchery stock in-and-of-itself (e.g., if it is intended to support a terminal fishery) would not inform our determination of ESU/DPS membership. However, the interaction of the hatchery stock with natural populations, and any impacts on natural populations of a fishery the hatchery stock supports, are valid considerations in evaluating overall ESU/DPS extinction risk. We do not believe criteria relating to a hatchery stock’s impacts on ESU/DPS extinction risk are valid considerations in determining whether a hatchery stock should be included as part of the listing. As such, we are not excluding the Lower Columbia River isolated (segregated) programs from the listing. For more discussion of this issue, the reader is referred to the response to comments in the Hatchery Listing Policy final rule (see Issue 6 and response, 70 FR at 37209). Comment 4: WDFW recommends that the Upper Columbia River Spring-Run Chinook Salmon ESU include the recent Nason Creek Program which was implemented in 2013. Response: Our review of the membership of hatchery programs in listed ESUs/DPS was conducted as part of the ESA 5-year reviews completed 2011 (76 FR 50448; August 15, 2011). Hatchery programs implemented or modified after our previous review will be evaluated as part of the next ESA 5year reviews scheduled for 2015. Comment 5: WDFW notes that fall-run Chinook salmon originating from Upper Columbia River ‘‘bright’’ hatchery stocks (referred to as ‘‘brights’’ because they maintain their silvery color throughout the upstream migration) that spawn in the mainstem Columbia River below Bonneville Dam are excluded from the Lower Columbia River Chinook Salmon ESU. Because this bright stock has been documented spawning in Hamilton Creek and is likely present in other Washington and Oregon Lower Gorge tributaries as well, WDFW recommended that this exclusion to the VerDate Mar<15>2010 16:13 Apr 11, 2014 Jkt 232001 listing be expanded to include the Lower Gorge tributaries adjacent to the Columbia River mainstem. Response: We agree that fall-run Chinook salmon originating from the Upper Columbia River bright hatchery stocks that spawn in the Columbia River Gorge area tributaries below Bonneville Dam should also be excluded from the ESU. We have refined the definition for the Lower Columbia River Chinook ESU to exclude Upper Columbia River bright hatchery stocks that spawn in the mainstem Columbia River below Bonneville Dam, and in other tributaries upstream from the Sandy River to the Hood and White Salmon Rivers. Comment 6: WDFW notes that the Sea Resources Tule Chinook Program was terminated over 5 years ago, and recommends that this program be deleted from the Lower Columbia River Chinook Salmon ESU. Response: We agree. At the time of our 2011 ESA 5-year reviews the Sea Resources Tule Chinook Program had been terminated, but there were still returning adults. At this time, however, no more adult returns are expected. We have removed the Sea Resources Tule Chinook Program from the ESU definition. Comment 7: WDFW notes that the Bonneville Hatchery Tule Fall Chinook Program (a portion of the Spring Creek NFH Tule Chinook Program transferred to Bonneville Hatchery) and that portion of the Big Creek Tule Chinook Program transferred to Youngs Bay for Select Area Fishery Enhancement do not support wild tule Chinook populations in these areas. WDFW also notes that it does not operate these programs (or portions of programs), but recommends they be considered for exclusion from the Lower Columbia River Chinook Salmon ESU. Response: In our 2011 ESA 5-year reviews we determined that the Bonneville Hatchery Tule Fall Chinook Program did not merit inclusion in the ESU. This program was listed as being part of the ESU in the proposed rule by error. It has been removed from the definition of the Lower Columbia River Chinook ESU. Comment 8: WDFW recommends excluding portions of the Big Creek and Spring Creek NFH Tule Chinook Programs from the Lower Columbia River Chinook Salmon ESU based on their release location because they do not support wild populations in those locations. Response: As noted previously, we rely on our 2005 Hatchery Listing Policy when considering hatchery-origin fish in ESA listing determinations for Pacific salmon and steelhead. That policy does PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 not contemplate excluding hatchery stocks, or portions thereof, based on their release location or whether they are effectively contributing to the natural production of local populations. A key premise of the policy is that genetic resources represent the ecological diversity and evolutionary legacy of the species, and that these genetic resources can reside in hatchery fish as well as in natural fish. As such, excluding hatchery fish based on their release location or reproductive success would not recognize the genetic resource the hatchery stock represents to the ESU as a whole. In this final rule, we have therefore continued to include the Big Creek and Spring Creek NFH Tule Chinook Programs as part of the Lower Columbia River Chinook Salmon ESU. Comment 9: WDFW notes that the Friends of the Cowlitz Spring Chinook Program and the Kalama River Spring Chinook Program are isolated programs and recommends deleting them from the Lower Columbia River Chinook Salmon ESU. Response: The shift in these programs toward segregation and not using natural-origin fish in the broodstock is relatively recent. Our 2011 ESA 5-year reviews noted that these programs are trending toward divergence and should be reevaluated during the next 5-year review. We are not removing these programs from the ESU definition at this time, but these programs will be evaluated as part of the next ESA 5-year reviews scheduled for 2015. Comment 10: WDFW disagrees with our proposal to include the Deep River Net Pens Tule Fall Chinook Program in the Lower Columbia River Chinook Salmon ESU, noting that it is an isolated program currently using broodstock from the Washougal Hatchery and does not support a wild tule Chinook population in Deep River. Response: In our 2011 ESA 5-year reviews we determined that a number of tule fall Chinook programs did not merit inclusion in the ESU: The Deep River Net Pens Tule Fall Chinook Program; the Klaskanine Hatchery Tule Fall Chinook Program; the Bonneville Hatchery Tule Fall Chinook Program; and the Little White Salmon NFH Tule Fall Chinook Program. In the proposed rule these programs were erroneously listed as being part of the ESU. In this final rule we have corrected the ESU definition by removing these programs from the definition of the Lower Columbia River Chinook ESU. Comment 11: WDFW concurs with our deletion of the now-terminated Elochoman River Tule Chinook Program from the Lower Columbia River Chinook E:\FR\FM\14APR1.SGM 14APR1 mstockstill on DSK4VPTVN1PROD with RULES Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Rules and Regulations Salmon ESU. However, WDFW notes that it is in the process of developing a conservation level integrated tule fall Chinook program on the Elochoman to be operated from the Beaver Creek Hatchery and recommended this new program be added to the ESU. Response: Hatchery programs implemented or modified after our 2011 ESA 5-year reviews will be evaluated as part of the next ESA 5-year reviews scheduled for 2015. Accordingly, we are not adding the Beaver Creek Hatchery Tule Fall Chinook Program to the definition of the Lower Columbia River Chinook Salmon ESU at this time. Comment 12: WDFW notes that the spring yearling Chinook program has been terminated at Marblemount Hatchery and recommends that this program be deleted from the Puget Sound Chinook Salmon ESU. Response: We agree that it is appropriate to delete the spring yearlings component of the Marblemount Hatchery Program from the description of the Puget Sound Chinook listing. As such, we have struck the phrase ‘‘spring yearlings’’ from the description in this final rule so that the definition for the Puget Sound Chinook listing states the ‘‘Marblemount Hatchery Program (spring subyearlings and summer-run).’’ Comment 13: WDFW notes that the Chinook River (Sea Resources Hatchery) Chum Salmon Program was terminated over 5 years ago and recommends that this program be deleted from the Columbia River Chum Salmon ESU. Response: We agree. At the time of our 2011 ESA 5-year reviews the Chinook River (Sea Resources Hatchery) Chum Salmon Program had been terminated, but there were still returning adults. At this time, however, no more adult returns are expected. We have removed the Chinook River (Sea Resources Hatchery) Chum Salmon Program from the ESU definition. Comment 14: WDFW recommends that the Washougal River Hatchery/ Duncan Creek Hatchery Program (part of the Columbia River Chum Salmon ESU) be revised to read as the ‘‘Washougal River Hatchery/Duncan Creek Program,’’ because there is no hatchery on Duncan Creek. Response: We agree and have made the correction in this final rule. Comment 15: WDFW notes that the Sea Resources Hatchery Program and the Cathlamet High School Future Farmers of America Program were terminated over 5 years ago, and recommends that these programs be deleted from the Lower Columbia River Coho Salmon ESU. VerDate Mar<15>2010 16:13 Apr 11, 2014 Jkt 232001 Response: We agree. At the time of our 2011 ESA 5-year reviews the Sea Resources Hatchery Program and the Cathlamet High School Future Farmers of America Type-N Coho Program had been terminated, but there were still returning adult fish. At this time, however, no more adult returns are expected, and we have removed these two programs from the ESU definition. Comment 16: WDFW comments that the following are isolated programs and recommends deleting them from the Lower Columbia River Coho Salmon ESU: Peterson Coho Program; Cowlitz Game & Anglers Coho Program; Friends of the Cowlitz Coho Program; Fish First Type N Program (used for the mainstem Lewis River); and Syverson Project Type-N Coho Program. Response: These programs were not identified as segregated during our 2011 ESA 5-year review. Hatchery programs implemented or modified after the 2011 review will be evaluated as part of the next ESA 5-year reviews, which are scheduled for 2015. Comment 17: WDFW concurs with our inclusion of the Cowlitz Trout Hatchery Late Winter-run Program in the Lower Columbia River Steelhead DPS, and further recommends that two additional integrated late-winter programs in the Tilton River and the Upper Cowlitz River be added to this DPS. Response: The Tilton and Upper Cowlitz programs are relatively new (since our 2011 ESA 5-year reviews); hatchery programs implemented or modified after our previous review will be evaluated as part of the next ESA 5year reviews in 2015. Summary of Changes From the Proposed Rule Based on the comments received and our review of the proposed rule, we made the changes listed below. 1. We revised the common names of listed subspecies by placing the subspecies’ common name within parentheses and alphabetizing by the species’ common name. 2. We removed the heading ‘‘Marine Invertebrates’’ from both the threatened species list at 50 CFR 223.102 and the endangered species list at 50 CFR 224.101. We created a new ‘‘Corals’’ heading for the threatened species list at 50 CFR 223.102 and a ‘‘Molluscs’’ heading for the endangered species list at 50 CFR 224.101. 3. We revised the description of the ‘‘Salmon, Chinook (Lower Columbia River ESU)’’ by excluding Upper Columbia River bright hatchery stocks that spawn in the mainstem Columbia River below Bonneville Dam and in PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 20805 other tributaries upstream from the Sandy River to the Hood and White Salmon Rivers, and by removing the following artificial propagation programs from inclusion in the DPS: Sea Resources Tule Chinook Program, Bonneville Hatchery Tule Fall Chinook Program, Deep River Net Pens Tule Fall Chinook Program, Klaskanine Hatchery Tule Fall Chinook Program, and Little White Salmon NFH Tule Fall Chinook Program. 4. We revised the description of the ‘‘Salmon, Chinook (Puget Sound ESU)’’ by deleting reference to the spring yearling component of the Marblemount Hatchery Program. 5. We revised the description of the ‘‘Salmon, chum (Columbia River ESU)’’ by removing the Chinook River Program (Sea Resources Hatchery) from the included artificial propagation programs, and by revising the name of the Washougal River Hatchery/Duncan Creek Hatchery Program to read ‘‘Washougal River Hatchery/Duncan Creek Program.’’ 6. We revised the description of the ‘‘Salmon, coho (Lower Columbia River ESU)’’ by removing the Sea Resources Hatchery Program and the Cathlamet High School Future Farmers of America Type-N Coho Program from the included artificial propagation programs. 7. We made a few additional technical corrections to the regulatory text to provide consistent language. These minor edits do not affect the substance of the regulations. More information regarding the other administrative changes and technical corrections to the Code of Federal Regulations that will clarify and update the descriptions of species under NMFS’ jurisdiction, and which are being finalized with this rulemaking, can be found in the proposed rulemaking (78 FR 38270, June 26, 2013). References Copies of previous Federal Register notices and related reference materials are available on the Internet at http:// www.nmfs.noaa.gov/pr/listing/ reviews.htm, http://www.westcoast. fisheries.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 final rule simply updates sections 223 and 224 of the CFR pursuant to prior agency determinations or involves format changes, none of which could result in economic E:\FR\FM\14APR1.SGM 14APR1 20806 Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Rules and Regulations 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 final rule does not have significant Federalism effects and that a Federalism assessment is not required. The 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 final 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 revising our descriptions of ESA-listed species to improve the clarity and general draftsmanship of our regulations. Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) This final 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 final 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. mstockstill on DSK4VPTVN1PROD with RULES National Environmental Policy Act of 1969 (NEPA) This final rule clarifies and updates the descriptions of species under NMFS’ jurisdiction that are currently listed as threatened or endangered under the ESA and thus is primarily administrative in nature. As such, NMFS has determined this final 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 Impact Statement for the rule. VerDate Mar<15>2010 16:13 Apr 11, 2014 Jkt 232001 Government-to-Government Relationship With Tribes § 223.101 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 final 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 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: April 8, 2014. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR parts 223 and 224 is 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 et seq.; subpart B, §§ 223.201 and 223.202 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(a) to read as follows: ■ PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 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, 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(s) 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)’’ E:\FR\FM\14APR1.SGM 14APR1 20807 Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Rules and Regulations (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 the ‘‘Critical habitat’’ column indicates that there are no critical habitat designations for that species; similarly, the term ‘‘NA’’ appearing in the ‘‘ESA rules’’ column indicates that there are no ESA rules for that species. However, all other Species 1 Common name Scientific name 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. (e) The threatened species under the jurisdiction of the Secretary of Commerce are: Citation(s) for listing determination(s) Description of listed entity Critical habitat ESA rules Marine Mammals Seal, bearded (Beringia DPS). Erignathus barbatus nauticus. Seal, bearded (Okhotsk DPS). Erignathus barbatus nauticus. Seal, Guadalupe fur ..... Arctocephalus townsendi. Phoca (=Pusa) hispida hispida. Phoca (=Pusa) hispida botnica. Phoca (=Pusa) hispida ochotensis. Phoca largha ................ Seal, ringed (Arctic subspecies). Seal, ringed (Baltic subspecies). Seal, ringed (Okhotsk subspecies). Seal, spotted (Southern DPS). 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 ............................................... Entire subspecies ............................................... Entire subspecies ............................................... Spotted seals originating from breeding areas in the Pacific Ocean south of 43° N. Lat. 77 FR 76740, Dec 28, 2012. NA NA. 77 FR 76740, Dec 28, 2012. NA NA. 50 FR 51252, 1985. 77 FR 76706, 2012. 77 FR 76706, 2012. 77 FR 76706, 2012. 75 FR 65239, 2010. Dec 16, NA 223.201. Dec 28, NA NA. Dec 28, NA NA. Dec 28, NA NA. Oct 22, NA 223.212. 43 FR 32800, Jul 28, 1978. 76 FR 58868, Sep 22, 2011. 226.208 76 FR 58868, Sep 22, 2011. NA 223.205, 223.206, 223.207. 76 FR 58868, Sep 22, 2011. NA 223.205, 223.206, 223.207. 76 FR 58868, Sep 22, 2011. NA 223.205, 223.206, 223.207. 43 FR 32800, Jul 28, 1978. NA 223.205, 223.206, 223.207. Sea Turtles 2 Sea turtle, green ........... Chelonia mydas ........... Sea turtle, loggerhead (Northwest Atlantic Ocean DPS). Sea turtle, loggerhead (South Atlantic Ocean DPS). Sea turtle, loggerhead (Southeast Indo-Pacific Ocean DPS). Caretta caretta ............. Sea turtle, loggerhead (Southwest Indian Ocean DPS). Sea turtle, olive ridley ... Caretta caretta ............. Caretta caretta ............. Caretta caretta ............. Lepidochelys olivacea .. Entire species, except when listed as endangered under § 224.101. Loggerhead sea turtles originating from the Northwest Atlantic Ocean west of 40° W. Long. Loggerhead sea turtles originating from the South Atlantic Ocean west of 20° E. Long. and east of 67° W. Long. 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. Entire species, except when listed as endangered under § 224.101. NA 223.205, 223.206, 223.207. 223.205, 223.206, 223.207. Fishes mstockstill on DSK4VPTVN1PROD with RULES Eulachon (Southern DPS). Thaleichthys pacificus .. Rockfish, canary (Puget Sound/Georgia Basin DPS). Rockfish, yelloweye (Puget Sound/Georgia Basin DPS). Salmon, Chinook (California Coastal ESU). Sebastes pinniger ........ Salmon, Chinook (Central Valley spring-run ESU). Oncorhynchus tshawytscha. VerDate Mar<15>2010 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 Sound and the Georgia Basin. Puget 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. This DPS does not include Chinook salmon that are designated as part of an experimental population. 70 FR 37160, Jun 28, 2005. 226.211 223.203. 70 FR 37160, Jun 28, 2005. 226.211 223.203. 16:13 Apr 11, 2014 Jkt 232001 PO 00000 Frm 00055 Fmt 4700 from Sfmt 4700 E:\FR\FM\14APR1.SGM 14APR1 20808 Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Rules and Regulations Species 1 Common name Scientific name Oncorhynchus tshawytscha. Salmon, Chinook (Lower Columbia River ESU). mstockstill on DSK4VPTVN1PROD with RULES Salmon, Chinook (Central Valley spring-run ESU–XN). Oncorhynchus tshawytscha. VerDate Mar<15>2010 16:13 Apr 11, 2014 Jkt 232001 Citation(s) for listing determination(s) Description of listed entity Central Valley spring-run Chinook salmon only when, and at such times as, they are found in the San Joaquin River from Friant Dam downstream to its confluence with the Merced River, delineated by a line between decimal latitude and longitude coordinates: 37.348930° N., 120.975174° W. and 37.349099° N., 120.974749° W., as well as all sloughs, channels, floodways, and waterways connected with the San Joaquin River that allow for Central Valley spring-run Chinook salmon access, but excluding the Merced River. Also, Central Valley spring-run Chinook salmon when found in portions of the Kings River that connect with the San Joaquin River during high water years. 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 Sandy River 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 15 artificial propagation programs: the 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; and the Sandy River Hatchery (Oregon Department of Fish and Wildlife Stock #11). PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 Critical habitat ESA rules 78 FR 79622, Dec 31, 2013. NA 223.301. 70 FR 37160, Jun 28, 2005. 226.212 223.203. E:\FR\FM\14APR1.SGM 14APR1 20809 Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Rules and Regulations Species 1 Common name Scientific name Oncorhynchus tshawytscha. Salmon, Chinook (Snake River fall-run ESU). Oncorhynchus tshawytscha. Salmon, Chinook (Snake River spring/ summer-run ESU). Oncorhynchus tshawytscha. Salmon, Chinook (Upper Willamette River ESU). Oncorhynchus tshawytscha. Salmon, chum (Columbia River ESU). mstockstill on DSK4VPTVN1PROD with RULES Salmon, Chinook (Puget Sound ESU). Oncorhynchus keta ...... VerDate Mar<15>2010 16:13 Apr 11, 2014 Jkt 232001 Citation(s) for listing determination(s) Description of listed entity 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 26 artificial propagation programs: the Kendall Creek Hatchery Program; Marblemount Hatchery Program (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. 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 two artificial propagation programs: the Grays River Program and the Washougal River Hatchery/Duncan Creek Program. PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 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. E:\FR\FM\14APR1.SGM 14APR1 20810 Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Rules and Regulations Species 1 Citation(s) for listing determination(s) Scientific name Description of listed entity Salmon, chum (Hood Canal summer-run ESU). Oncorhynchus keta ...... Salmon, coho (Lower Columbia River ESU). Oncorhynchus kisutch .. Salmon, coho (Oregon Coast ESU). Oncorhynchus kisutch .. Salmon, coho (Southern Oregon/Northern California Coast ESU). Oncorhynchus kisutch .. Salmon, sockeye (Ozette Lake ESU). Oncorhynchus nerka .... Steelhead (California Central Valley DPS). mstockstill on DSK4VPTVN1PROD with RULES Common name Oncorhynchus mykiss .. 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 21 artificial propagation programs: the Grays River 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; 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. 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. VerDate Mar<15>2010 16:13 Apr 11, 2014 Jkt 232001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 Critical habitat ESA rules 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. 71 FR 834, Jan 5, 2006 226.211 223.203. E:\FR\FM\14APR1.SGM 14APR1 20811 Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Rules and Regulations Species 1 Citation(s) for listing determination(s) Scientific name Description of listed entity 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). mstockstill on DSK4VPTVN1PROD with RULES Common name Oncorhynchus mykiss .. 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. VerDate Mar<15>2010 Oncorhynchus mykiss .. 16:13 Apr 11, 2014 Jkt 232001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 Critical habitat ESA rules 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. NA 223.301. 226.211 223.203. NA 223.203. 78 FR 2893, Jan. 15, 2013. 71 FR 834, Jan 5, 2006 72 FR 26722, May 11, 2007. E:\FR\FM\14APR1.SGM 14APR1 20812 Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Rules and Regulations Species 1 Citation(s) for listing determination(s) Common name Scientific name Description of listed entity 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). Oncorhynchus mykiss .. Sturgeon, Atlantic (Atlantic subspecies; Gulf of Maine DPS). Acipenser oxyrinchus oxyrinchus. Sturgeon, Atlantic (Gulf subspecies). Sturgeon, green (Southern DPS). Acipenser oxyrinchus desotoi. Acipenser medirostris .. 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, Massachusetts. Entire subspecies ............................................... Coral, elkhorn ............... Acropora palmata ......... Entire species ..................................................... Coral, staghorn ............. Acropora cervicornis .... Entire species ..................................................... Green sturgeon originating from the Sacramento River basin and from coastal rivers south of the Eel River (exclusive). Critical habitat ESA rules 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. NA 223.211. 226.214 17.44(v). 226.219 223.210. 226.216 223.208. 226.216 223.208. 226.213 NA. 77 FR 5880, Feb 6, 2012. 56 FR 49653, Sep 30, 1991. 71 FR 17757, April 7, 2006; 71 FR 19241, April 13, 2006. Corals 71 FR 26852, May 9, 2006. 71 FR 26852, May 9, 2006. Marine Plants Seagrass, Johnson’s .... Halophila johnsonii ....... Entire species ..................................................... 63 FR 49035, Sep 14, 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. ■ 4. In § 223.201, paragraph (b)(1) is revised to read as follows: § 223.201 Guadalupe fur seal. mstockstill on DSK4VPTVN1PROD with RULES * * * * * (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: VerDate Mar<15>2010 16:13 Apr 11, 2014 Jkt 232001 a. Revise paragraph (a), the introductory text of paragraph (b), paragraph (b)(1), and the introductory text of paragraphs (b)(2), (b)(3), and (b)(4); ■ b. Remove and reserve paragraph (b)(4)(v); ■ c. Revise the introductory text of paragraphs (b)(5) through (13); and, ■ d. Revise the first sentence of paragraph (c). The revisions read as follows: ■ PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 § 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) E:\FR\FM\14APR1.SGM 14APR1 mstockstill on DSK4VPTVN1PROD with RULES Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Rules and Regulations listed in § 223.102 are described in the following paragraphs: (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: * * * * * (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: * * * * * (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 VerDate Mar<15>2010 16:13 Apr 11, 2014 Jkt 232001 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 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 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 20813 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 section heading; ■ b. Revise paragraphs (a) and (b) introductory text, (b)(1) introductory text, paragraph (b)(2), (b)(3) introductory text, and (b)(4) introductory text; ■ c. Revise paragraph (c) introductory text, (c)(1) introductory text, (c)(2) introductory text, and (c)(3) introductory text; and, ■ d. Revise paragraphs (d) and (e). The revisions read as follows: § 223.210 Green sturgeon. (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 the threatened Southern Distinct Population Segment (DPS) of green sturgeon listed in § 223.102. (b) Exceptions. Exceptions to the take prohibitions described in section 9(a)(1) of the ESA (16 U.S.C. 1538(a)(1)) applied in paragraph (a) of this section to the threatened Southern DPS listed in § 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 privatesponsored scientific research or monitoring activities if: * * * * * E:\FR\FM\14APR1.SGM 14APR1 mstockstill on DSK4VPTVN1PROD with RULES 20814 Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Rules and Regulations (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 a Southern DPS fish 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) of the ESA (16 U.S.C. 1538(a)(1)) applied in paragraph (a) of this section to the threatened Southern DPS listed in § 223.102 are described in the following paragraphs: (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 state-sponsored scientific research or monitoring activities that are part of a NMFS-approved, ESAcompliant 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 VerDate Mar<15>2010 16:13 Apr 11, 2014 Jkt 232001 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) ESA section 10 permits. 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 listed in § 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. (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 listed in § 223.102, any person claiming that his or her take is PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 excepted via methods listed in paragraph (b) of this section shall have a defense where the person can demonstrate that the exception is applicable and was in force, and that the person fully complied with the exception’s 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 § 223.212 to read as follows: § 223.212 Southern DPS of spotted seal. The prohibitions of section 9(a)(1) of the ESA (16 U.S.C. 1538(a)(1)) relating to endangered species shall apply to the Southern Distinct Population Segment of spotted seal listed in § 223.102. 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 et seq. 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, 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, E:\FR\FM\14APR1.SGM 14APR1 20815 Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Rules and Regulations 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(s) 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 Species 1 Common name Scientific name 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 the ‘‘Critical habitat’’ column indicates that there are no critical habitat designations for that species; similarly, the term ‘‘NA’’ appearing in the ‘‘ESA rules’’ column indicates that there are no 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: Citation(s) for listing determination(s) Description of listed entity Critical habitat ESA rules Marine Mammals Dolphin, Chinese River (aka baiji). Dolphin, South Asian River (Indus River subspecies). Porpoise, Gulf of California harbor (aka vaquita or cochito). Sea lion, Steller (Western DPS). Lipotes vexillifer ........... Entire species ..................................................... Platanista gangetica minor. Entire subspecies ............................................... Phocoena sinus ........... Eumetopias jubatus ..... Seal, Hawaiian monk ... Monachus schauinslandi. Monachus monachus ... Seal, Mediterranean monk. Seal, ringed (Ladoga subspecies). Seal, ringed (Saimaa subspecies). Whale, beluga (Cook Inlet DPS). Whale, blue .................. Phoca (=Pusa) hispida ladogensis. Phoca (=Pusa) hispida saimensis. Delphinapterus leucas 54 FR 22906, May 30, 1989. 55 FR 50835, Dec 11, 1990. NA NA. NA NA. Entire species ..................................................... 50 FR 1056, Jan 9, 1985. NA NA. 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 ..................................................... 62 FR 24345, May 5, 1997. 226.202 224.103, 226.202. 41 FR 51611, Nov 23, 1976. 35 FR 8491, Jun 2, 1970. 77 FR 76706; Dec 28, 2012. 58 FR 26920, May 6, 1993. 73 FR 62919, Oct 22, 2008. 35 FR 18319, Dec 2, 1970. 35 FR 18319, Dec 2, 1970. 77 FR 70915, November 28, 2012. 226.201 NA. NA NA. NA NA. NA NA. 226.220 NA. NA NA. NA NA. NA NA. 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 224.103. 226.206 224.103. 226.203 224.103, 224.105. 226.215 224.103. Entire species ..................................................... Entire subspecies ............................................... Entire subspecies ............................................... Whale, bowhead ........... Balaena mysticetus ...... Entire species ..................................................... Whale, false killer (Main Hawaiian Islands Insular DPS). Pseudorca crassidens .. Whale, fin or finback .... Balaenoptera physalus False killer whales found from nearshore of the main Hawaiian Islands out to 140 km (approximately 75 nautical miles) and that permanently reside within this geographic range. Entire species ..................................................... Whale, gray (Western North Pacific DPS). mstockstill on DSK4VPTVN1PROD with RULES Balaenoptera musculus Beluga whales originating from Cook Inlet, Alaska. Entire species ..................................................... Eschrichtius robustus ... Western North Pacific (Korean) gray whales ..... Whale, humpback ......... Megaptera novaeangliae. Orcinus orca ................. Entire species ..................................................... Whale, killer (Southern Resident DPS). Whale, North Atlantic right. Whale, North Pacific right. VerDate Mar<15>2010 Eubalaena glacialis ...... 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 ..................................................... Eubalaena japonica ..... Entire species ..................................................... 16:13 Apr 11, 2014 Jkt 232001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 73 FR 12024, Mar 6, 2008. 73 FR 12024, Mar 6, 2008. E:\FR\FM\14APR1.SGM 14APR1 20816 Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Rules and Regulations Species 1 Citation(s) for listing determination(s) Common name Scientific name Description of listed entity Whale, sei ..................... Balaenoptera borealis .. Entire species ..................................................... Whale, Southern right .. Eubalaena australis ..... Entire species ..................................................... Whale, sperm ............... Physeter macrocephalus (= catodon). Entire species ..................................................... 35 FR 18319, Dec 2, 1970. 35 FR 18319, Dec 2, 1970. 35 FR 18319, Dec 2, 1970. Critical habitat ESA rules NA NA. NA NA. NA NA. Sea Turtles 2 Sea turtle, green ........... Chelonia mydas ........... Sea turtle, hawksbill ..... Eretmochelys imbricata Breeding colony populations in Florida and on the Pacific coast of Mexico. Entire species ..................................................... 226.208 224.104. 226.209 224.104. NA 224.104. 226.207 224.104. Loggerhead sea turtles originating from the Mediterranean Sea. 43 FR 32800, Jul 28, 1978. 35 FR 8491, Jun 2, 1970. 35 FR 18319, Dec 2, 1970. 35 FR 8491, Jun 2, 1970. 76 FR 58868, Sep 22, 2011. Sea turtle, Kemp’s ridley. Sea turtle, leatherback Lepidochelys kempii ..... Entire species ..................................................... Dermochelys coriacea Entire species ..................................................... 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). Caretta caretta ............. NA 224.104. Caretta caretta ............. Loggerhead sea turtles originating from the North Indian Ocean. 76 FR 58868, Sep 22, 2011. NA 224.104. Caretta caretta ............. Loggerhead sea turtles originating from the North Pacific Ocean. 76 FR 58868, Sep 22, 2011. NA 224.104. Caretta caretta ............. 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. 76 FR 58868, Sep 22, 2011. NA 224.104. Sea turtle, loggerhead (South Pacific Ocean DPS). Sea turtle, olive ridley ... Caretta caretta ............. 76 FR 58868, Sep 22, 2011. NA 224.104. 43 FR 32800, Jul 28, 1978. NA 224.104. 75 FR 22276, Apr 28, 2010. 74 FR 29344, Jun 19, 2009. NA NA. 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. Lepidochelys olivacea .. Fishes Bocaccio (Puget Sound/ Georgia Basin DPS). Salmon, Atlantic (Gulf of Maine DPS). Sebastes paucispinis ... Salmon, Chinook (Sacramento River winterrun ESU). Oncorhynchus tshawytscha. Salmo salar .................. mstockstill on DSK4VPTVN1PROD with RULES Salmon, Chinook Oncorhynchus (Upper Columbia tshawytscha. River spring-run ESU). Salmon, coho (Central Oncorhynchus kisutch .. California Coast ESU). VerDate Mar<15>2010 16:13 Apr 11, 2014 Jkt 232001 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. PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 E:\FR\FM\14APR1.SGM 14APR1 Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Rules and Regulations Species 1 Common name Citation(s) for listing determination(s) Scientific name Description of listed entity Salmon, sockeye (Snake River ESU). Oncorhynchus nerka .... Sawfish, largetooth ....... Pristis perotteti ............. 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 ..................................................... Sawfish, smalltooth (United States DPS). Steelhead (Southern California DPS). Pristis pectinata ............ Smalltooth sawfish originating from U.S. waters Oncorhynchus mykiss .. Sturgeon, Atlantic (Atlantic subspecies; Carolina DPS). Acipenser oxyrinchus oxyrinchus. Sturgeon, Atlantic (Atlantic subspecies; Chesapeake Bay DPS). Acipenser oxyrinchus oxyrinchus. Sturgeon, Atlantic (Atlantic subspecies; South Atlantic DPS). Acipenser oxyrinchus oxyrinchus. Sturgeon, shortnose ..... Acipenser brevirostrum 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, Massachusetts 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 ..................................................... Totoaba ........................ Cynoscion macdonaldi Entire species ..................................................... Abalone, black .............. Haliotis cracherodii ....... Entire species ..................................................... Abalone, white .............. Haliotis sorenseni ......... Entire species ..................................................... Sturgeon, Atlantic (AtAcipenser oxyrinchus lantic subspecies; oxyrinchus. New York Bight DPS). 70 FR 37160, Jun 28, 2005. Critical habitat 20817 ESA rules 226.205 NA. NA NA. 226.218 NA. 226.211 NA. 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. 76 FR 40835, Jul 12, 2011. 68 FR 15674, Apr 1, 2003. 71 FR 834, Jan 5, 2006 Molluscs 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. [FR Doc. 2014–08347 Filed 4–11–14; 8:45 am] mstockstill on DSK4VPTVN1PROD with RULES BILLING CODE 3510–22–P VerDate Mar<15>2010 16:13 Apr 11, 2014 Jkt 232001 PO 00000 Frm 00065 Fmt 4700 Sfmt 9990 E:\FR\FM\14APR1.SGM 14APR1

Agencies

[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Rules and Regulations]
[Pages 20802-20817]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08347]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 223 and 224

[Docket No. 130501429-4198-02]
RIN 0648-XC659


Endangered and Threatened Wildlife; Final 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: Final rule.

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SUMMARY: We, NMFS, announce 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 5-
year reviews under ESA section 4(c)(2), and corrections to regulatory 
text to fix inadvertent errors from previous rulemakings, update cross-
references, and provide consistent language. We are not adding or 
removing any species to or from our lists, changing the status of any 
listed species, or adding or revising any critical habitat designation.

DATES: This final rule is effective on April 14, 2014.

ADDRESSES: Information concerning this final rule may be obtained by 
contacting Office of Protected Resources, NMFS, 1315 East-West Highway, 
Silver Spring, MD 20910. Copies of the 5-year status reviews can be 
found on our Web sites at http://www.nmfs.noaa.gov/pr/listing/reviews.htm and http://www.westcoast.fisheries.noaa.gov/.

FOR FURTHER INFORMATION CONTACT: For further information regarding this 
rule 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, West Coast Region (503) 231-2317.

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 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,

[[Page 20803]]

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. On June 26, 
2013, we proposed to revise the NMFS Lists based on the aforementioned 
review and additionally proposed to correct or clarify text and update 
the list formats for all species under our jurisdiction (78 FR 38270), 
and solicited public comments.

Summary of Comments Received in Response to the Proposed Rule

    We received a single comment from an individual and a number of 
comments from the Washington Department of Fish and Wildlife (WDFW) 
during the public comment period. A summary of the comments and our 
responses is provided below.
    Comment 1: One commenter objects to listing the species in the NMFS 
lists alphabetically by common name and states that in a list of this 
sort, a phylogenetic sequence should be used, and there are a number of 
published references that provide such lists. In this way, the agency 
would avoid the problem of taxa in a single genus being separated in 
the list by taxa of other genera. Listing some taxa by their common 
names and other taxa by their scientific names is confusing and 
inconsistent. As it stands, subspecific taxa are separated in the lists 
by other species. For example, bearded seal and Guadalupe fur seal are 
listed among three subspecies of ringed seals. The proposed rule calls 
for ordering the species alphabetically (not species and subspecies 
mixed together); therefore the three ringed seal subspecies should 
follow the Guadalupe fur seal in the list.
    Response: We acknowledge the presence of lists that use 
phylogenetic sequences and alphabetize taxa by their scientific names, 
and note that common names may vary in local usage; however, we want to 
make this list a resource that is easily accessible and searchable by a 
wide variety of audiences, including the general public. We are acting 
under the assumption that the general public would be more likely to 
search by common name, for example, ``salmon'' or ``salmon, Chinook,'' 
rather than search under ``Oncorhynchus tshawytscha'' in order to learn 
more about a listing determination or critical habitat for a species. 
In this way, we are also making our lists consistent with the format of 
the FWS List for threatened and endangered wildlife (50 CFR 17.11). The 
threatened and endangered wildlife on the FWS List are listed 
alphabetically by common name. Additionally, we have created headings 
in the tables (such as ``Marine Mammals,'' ``Sea Turtles,'' and 
``Fishes'') that should make searching for specific species less 
confusing. We are also removing the heading ``Marine Invertebrates'' 
and adding the new headings of ``Corals'' and ``Molluscs'' for 
increased specificity of the listed animals. This is not a substantive 
change, but having these more specific headings will help the public 
identify and locate species of interest in a more efficient manner.
    The ESA defines ``species'' to include subspecies or a DPS of any 
vertebrate species which interbreeds when mature (16 U.S.C. 1532(16)). 
As such, the ordering of the ``species'' alphabetically, as mentioned 
in the proposed rule, also includes ordering subspecies alphabetically 
as well. However, we agree that subspecies of the same species should 
not be separated by other species within the list order. Therefore, we 
will revise the listed subspecies by placing the subspecies' common 
name within parentheses, similar to the way we have listed DPSs, and 
alphabetizing by the species' common name. As an example, ``Seal, 
Arctic ringed'' will be revised to read ``Seal, ringed (Arctic 
subspecies).''
    Comment 2: WDFW recommends identifying listed stocks by naming them 
individually by basin (noting that this convention was used for the 
Puget Sound steelhead DPS).
    Response: We believe that our current approach remains the best way 
to describe Pacific salmon and steelhead species listed under the ESA. 
In our experience, identifying an ESU or DPS using boundary streams or 
prominent geographic features (e.g., Cape Blanco) allows for concise 
and intuitive descriptions. As the commenter notes, there are a few 
cases where the unique geography of a species' range (e.g., the inland 
waters of Puget Sound) may call for some additional description. 
However, in most cases ESA-listed ESUs and DPSs of salmonids under our 
jurisdiction are easily described using just a few boundary streams/
features. More detailed information about finer-scale species 
distribution can be found in the critical habitat designations and in 
population delineations described in ESA recovery plans and supporting 
technical documents for each listed salmon ESU and steelhead DPS.
    Comment 3: The Federal Register notice states revisions to the 
listing descriptions are ``to take into account the addition or 
termination of specific artificial propagation programs which 
contribute individuals to that ESU or DPS.'' WDFW recommends excluding 
segregated stocks meeting the following criteria: (i) Returning adults 
from the program do not contribute to the ESU; (ii) are within basins 
where wild stocks of the same species and run type do not occur; (iii) 
there is no historical natural population; (iv) the program is harvest 
oriented using an introduced stock to support a terminal fishery. As 
such, WDFW believes that the Lower Columbia River isolated (segregated) 
programs should be excluded from the listing.
    Response: For the issues raised in this comment we rely on our 2005 
``Policy on the Consideration of Hatchery-Origin Fish in Endangered 
Species Act Listing Determinations for Pacific Salmon and Steelhead'' 
(``Hatchery Listing Policy''; 70 FR 37204, June 28, 2005). The Hatchery 
Listing Policy establishes criteria for (1) determining when hatchery 
stocks should be considered part of the listed ESU/DPS; and (2) in 
evaluating the effect of hatchery-produced fish on the extinction risk 
of an ESU/DPS. Delineating the ``species'' under consideration and then 
evaluating the species' risk of extinction are distinct considerations 
in our ESA listing determinations, as reflected in the Hatchery Listing 
Policy. Some of WDFW's recommended criteria are consistent with the 
Hatchery Listing Policy and pertinent to the determination of hatchery 
membership in an ESU/DPS. Some of the criteria, however, are not 
pertinent to the determination of hatchery membership but would inform 
an evaluation of the effects of hatchery fish on overall ESU/DPS 
extinction risk.
    The Hatchery Listing Policy states that hatchery stocks will be 
considered part of an ESU/DPS if they exhibit a level of genetic 
divergence relative to the local natural population(s) that is not more 
than what occurs within the ESU/DPS. We evaluate the relatedness of 
each hatchery stock to the natural component of an ESU/DPS on the basis 
of stock origin and the degree of known or inferred genetic divergence 
between the hatchery stock and the local natural population(s). Several 
of the criteria that WDFW recommends for excluding segregated hatchery 
stocks are valid considerations for evaluating the level of divergence 
between a hatchery stock and the local natural population(s). Whether a 
hatchery stock is released in a basin where wild populations of the

[[Page 20804]]

same species and run type do not occur, whether natural populations 
exist in the basin (historically or currently), and whether a program 
propagates an introduced stock, are each important considerations in 
evaluating the level of divergence of a hatchery stock relative to the 
local natural population(s). However, whether a hatchery stock is 
contributing to natural productivity does not inform our determination 
of hatchery membership in a listed ESU/DPS. Rather, such information 
would inform our evaluation of the effects of the hatchery stock on 
overall ESU/DPS extinction risk. Similarly, the management purpose of a 
hatchery stock in-and-of-itself (e.g., if it is intended to support a 
terminal fishery) would not inform our determination of ESU/DPS 
membership. However, the interaction of the hatchery stock with natural 
populations, and any impacts on natural populations of a fishery the 
hatchery stock supports, are valid considerations in evaluating overall 
ESU/DPS extinction risk. We do not believe criteria relating to a 
hatchery stock's impacts on ESU/DPS extinction risk are valid 
considerations in determining whether a hatchery stock should be 
included as part of the listing. As such, we are not excluding the 
Lower Columbia River isolated (segregated) programs from the listing. 
For more discussion of this issue, the reader is referred to the 
response to comments in the Hatchery Listing Policy final rule (see 
Issue 6 and response, 70 FR at 37209).
    Comment 4: WDFW recommends that the Upper Columbia River Spring-Run 
Chinook Salmon ESU include the recent Nason Creek Program which was 
implemented in 2013.
    Response: Our review of the membership of hatchery programs in 
listed ESUs/DPS was conducted as part of the ESA 5-year reviews 
completed 2011 (76 FR 50448; August 15, 2011). Hatchery programs 
implemented or modified after our previous review will be evaluated as 
part of the next ESA 5-year reviews scheduled for 2015.
    Comment 5: WDFW notes that fall-run Chinook salmon originating from 
Upper Columbia River ``bright'' hatchery stocks (referred to as 
``brights'' because they maintain their silvery color throughout the 
upstream migration) that spawn in the mainstem Columbia River below 
Bonneville Dam are excluded from the Lower Columbia River Chinook 
Salmon ESU. Because this bright stock has been documented spawning in 
Hamilton Creek and is likely present in other Washington and Oregon 
Lower Gorge tributaries as well, WDFW recommended that this exclusion 
to the listing be expanded to include the Lower Gorge tributaries 
adjacent to the Columbia River mainstem.
    Response: We agree that fall-run Chinook salmon originating from 
the Upper Columbia River bright hatchery stocks that spawn in the 
Columbia River Gorge area tributaries below Bonneville Dam should also 
be excluded from the ESU. We have refined the definition for the Lower 
Columbia River Chinook ESU to exclude Upper Columbia River bright 
hatchery stocks that spawn in the mainstem Columbia River below 
Bonneville Dam, and in other tributaries upstream from the Sandy River 
to the Hood and White Salmon Rivers.
    Comment 6: WDFW notes that the Sea Resources Tule Chinook Program 
was terminated over 5 years ago, and recommends that this program be 
deleted from the Lower Columbia River Chinook Salmon ESU.
    Response: We agree. At the time of our 2011 ESA 5-year reviews the 
Sea Resources Tule Chinook Program had been terminated, but there were 
still returning adults. At this time, however, no more adult returns 
are expected. We have removed the Sea Resources Tule Chinook Program 
from the ESU definition.
    Comment 7: WDFW notes that the Bonneville Hatchery Tule Fall 
Chinook Program (a portion of the Spring Creek NFH Tule Chinook Program 
transferred to Bonneville Hatchery) and that portion of the Big Creek 
Tule Chinook Program transferred to Youngs Bay for Select Area Fishery 
Enhancement do not support wild tule Chinook populations in these 
areas. WDFW also notes that it does not operate these programs (or 
portions of programs), but recommends they be considered for exclusion 
from the Lower Columbia River Chinook Salmon ESU.
    Response: In our 2011 ESA 5-year reviews we determined that the 
Bonneville Hatchery Tule Fall Chinook Program did not merit inclusion 
in the ESU. This program was listed as being part of the ESU in the 
proposed rule by error. It has been removed from the definition of the 
Lower Columbia River Chinook ESU.
    Comment 8: WDFW recommends excluding portions of the Big Creek and 
Spring Creek NFH Tule Chinook Programs from the Lower Columbia River 
Chinook Salmon ESU based on their release location because they do not 
support wild populations in those locations.
    Response: As noted previously, we rely on our 2005 Hatchery Listing 
Policy when considering hatchery-origin fish in ESA listing 
determinations for Pacific salmon and steelhead. That policy does not 
contemplate excluding hatchery stocks, or portions thereof, based on 
their release location or whether they are effectively contributing to 
the natural production of local populations. A key premise of the 
policy is that genetic resources represent the ecological diversity and 
evolutionary legacy of the species, and that these genetic resources 
can reside in hatchery fish as well as in natural fish. As such, 
excluding hatchery fish based on their release location or reproductive 
success would not recognize the genetic resource the hatchery stock 
represents to the ESU as a whole. In this final rule, we have therefore 
continued to include the Big Creek and Spring Creek NFH Tule Chinook 
Programs as part of the Lower Columbia River Chinook Salmon ESU.
    Comment 9: WDFW notes that the Friends of the Cowlitz Spring 
Chinook Program and the Kalama River Spring Chinook Program are 
isolated programs and recommends deleting them from the Lower Columbia 
River Chinook Salmon ESU.
    Response: The shift in these programs toward segregation and not 
using natural-origin fish in the broodstock is relatively recent. Our 
2011 ESA 5-year reviews noted that these programs are trending toward 
divergence and should be reevaluated during the next 5-year review. We 
are not removing these programs from the ESU definition at this time, 
but these programs will be evaluated as part of the next ESA 5-year 
reviews scheduled for 2015.
    Comment 10: WDFW disagrees with our proposal to include the Deep 
River Net Pens Tule Fall Chinook Program in the Lower Columbia River 
Chinook Salmon ESU, noting that it is an isolated program currently 
using broodstock from the Washougal Hatchery and does not support a 
wild tule Chinook population in Deep River.
    Response: In our 2011 ESA 5-year reviews we determined that a 
number of tule fall Chinook programs did not merit inclusion in the 
ESU: The Deep River Net Pens Tule Fall Chinook Program; the Klaskanine 
Hatchery Tule Fall Chinook Program; the Bonneville Hatchery Tule Fall 
Chinook Program; and the Little White Salmon NFH Tule Fall Chinook 
Program. In the proposed rule these programs were erroneously listed as 
being part of the ESU. In this final rule we have corrected the ESU 
definition by removing these programs from the definition of the Lower 
Columbia River Chinook ESU.
    Comment 11: WDFW concurs with our deletion of the now-terminated 
Elochoman River Tule Chinook Program from the Lower Columbia River 
Chinook

[[Page 20805]]

Salmon ESU. However, WDFW notes that it is in the process of developing 
a conservation level integrated tule fall Chinook program on the 
Elochoman to be operated from the Beaver Creek Hatchery and recommended 
this new program be added to the ESU.
    Response: Hatchery programs implemented or modified after our 2011 
ESA 5-year reviews will be evaluated as part of the next ESA 5-year 
reviews scheduled for 2015. Accordingly, we are not adding the Beaver 
Creek Hatchery Tule Fall Chinook Program to the definition of the Lower 
Columbia River Chinook Salmon ESU at this time.
    Comment 12: WDFW notes that the spring yearling Chinook program has 
been terminated at Marblemount Hatchery and recommends that this 
program be deleted from the Puget Sound Chinook Salmon ESU.
    Response: We agree that it is appropriate to delete the spring 
yearlings component of the Marblemount Hatchery Program from the 
description of the Puget Sound Chinook listing. As such, we have struck 
the phrase ``spring yearlings'' from the description in this final rule 
so that the definition for the Puget Sound Chinook listing states the 
``Marblemount Hatchery Program (spring subyearlings and summer-run).''
    Comment 13: WDFW notes that the Chinook River (Sea Resources 
Hatchery) Chum Salmon Program was terminated over 5 years ago and 
recommends that this program be deleted from the Columbia River Chum 
Salmon ESU.
    Response: We agree. At the time of our 2011 ESA 5-year reviews the 
Chinook River (Sea Resources Hatchery) Chum Salmon Program had been 
terminated, but there were still returning adults. At this time, 
however, no more adult returns are expected. We have removed the 
Chinook River (Sea Resources Hatchery) Chum Salmon Program from the ESU 
definition.
    Comment 14: WDFW recommends that the Washougal River Hatchery/
Duncan Creek Hatchery Program (part of the Columbia River Chum Salmon 
ESU) be revised to read as the ``Washougal River Hatchery/Duncan Creek 
Program,'' because there is no hatchery on Duncan Creek.
    Response: We agree and have made the correction in this final rule.
    Comment 15: WDFW notes that the Sea Resources Hatchery Program and 
the Cathlamet High School Future Farmers of America Program were 
terminated over 5 years ago, and recommends that these programs be 
deleted from the Lower Columbia River Coho Salmon ESU.
    Response: We agree. At the time of our 2011 ESA 5-year reviews the 
Sea Resources Hatchery Program and the Cathlamet High School Future 
Farmers of America Type-N Coho Program had been terminated, but there 
were still returning adult fish. At this time, however, no more adult 
returns are expected, and we have removed these two programs from the 
ESU definition.
    Comment 16: WDFW comments that the following are isolated programs 
and recommends deleting them from the Lower Columbia River Coho Salmon 
ESU: Peterson Coho Program; Cowlitz Game & Anglers Coho Program; 
Friends of the Cowlitz Coho Program; Fish First Type N Program (used 
for the mainstem Lewis River); and Syverson Project Type-N Coho 
Program.
    Response: These programs were not identified as segregated during 
our 2011 ESA 5-year review. Hatchery programs implemented or modified 
after the 2011 review will be evaluated as part of the next ESA 5-year 
reviews, which are scheduled for 2015.
    Comment 17: WDFW concurs with our inclusion of the Cowlitz Trout 
Hatchery Late Winter-run Program in the Lower Columbia River Steelhead 
DPS, and further recommends that two additional integrated late-winter 
programs in the Tilton River and the Upper Cowlitz River be added to 
this DPS.
    Response: The Tilton and Upper Cowlitz programs are relatively new 
(since our 2011 ESA 5-year reviews); hatchery programs implemented or 
modified after our previous review will be evaluated as part of the 
next ESA 5-year reviews in 2015.

Summary of Changes From the Proposed Rule

    Based on the comments received and our review of the proposed rule, 
we made the changes listed below.
    1. We revised the common names of listed subspecies by placing the 
subspecies' common name within parentheses and alphabetizing by the 
species' common name.
    2. We removed the heading ``Marine Invertebrates'' from both the 
threatened species list at 50 CFR 223.102 and the endangered species 
list at 50 CFR 224.101. We created a new ``Corals'' heading for the 
threatened species list at 50 CFR 223.102 and a ``Molluscs'' heading 
for the endangered species list at 50 CFR 224.101.
    3. We revised the description of the ``Salmon, Chinook (Lower 
Columbia River ESU)'' by excluding Upper Columbia River bright hatchery 
stocks that spawn in the mainstem Columbia River below Bonneville Dam 
and in other tributaries upstream from the Sandy River to the Hood and 
White Salmon Rivers, and by removing the following artificial 
propagation programs from inclusion in the DPS: Sea Resources Tule 
Chinook Program, Bonneville Hatchery Tule Fall Chinook Program, Deep 
River Net Pens Tule Fall Chinook Program, Klaskanine Hatchery Tule Fall 
Chinook Program, and Little White Salmon NFH Tule Fall Chinook Program.
    4. We revised the description of the ``Salmon, Chinook (Puget Sound 
ESU)'' by deleting reference to the spring yearling component of the 
Marblemount Hatchery Program.
    5. We revised the description of the ``Salmon, chum (Columbia River 
ESU)'' by removing the Chinook River Program (Sea Resources Hatchery) 
from the included artificial propagation programs, and by revising the 
name of the Washougal River Hatchery/Duncan Creek Hatchery Program to 
read ``Washougal River Hatchery/Duncan Creek Program.''
    6. We revised the description of the ``Salmon, coho (Lower Columbia 
River ESU)'' by removing the Sea Resources Hatchery Program and the 
Cathlamet High School Future Farmers of America Type-N Coho Program 
from the included artificial propagation programs.
    7. We made a few additional technical corrections to the regulatory 
text to provide consistent language. These minor edits do not affect 
the substance of the regulations.
    More information regarding the other administrative changes and 
technical corrections to the Code of Federal Regulations that will 
clarify and update the descriptions of species under NMFS' 
jurisdiction, and which are being finalized with this rulemaking, can 
be found in the proposed rulemaking (78 FR 38270, June 26, 2013).

References

    Copies of previous Federal Register notices and related reference 
materials are available on the Internet at http://www.nmfs.noaa.gov/pr/listing/reviews.htm, http://www.westcoast.fisheries.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 final rule simply updates sections 223 and 224 of the CFR 
pursuant to prior agency determinations or involves format changes, 
none of which could result in economic

[[Page 20806]]

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 
final rule does not have significant Federalism effects and that a 
Federalism assessment is not required. The 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 final 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 revising our descriptions of ESA-listed species to 
improve the clarity and general draftsmanship of our regulations.

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

    This final 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 final 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 final rule clarifies and updates the descriptions of species 
under NMFS' jurisdiction that are currently listed as threatened or 
endangered under the ESA and thus is primarily administrative in 
nature. As such, NMFS has determined this final 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 Impact 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 final 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 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: April 8, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR parts 223 and 224 
is 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 et seq.; subpart B, Sec. Sec.  223.201 
and 223.202 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(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, 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(s) 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)''

[[Page 20807]]

(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 the ``Critical habitat'' column indicates that 
there are no critical habitat designations for that species; similarly, 
the term ``NA'' appearing in the ``ESA rules'' column indicates that 
there are no 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.
    (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
--------------------------------------------------------------------------------------------------------------------------------------------------------
Seal, bearded (Beringia DPS)........  Erignathus barbatus      Bearded seals originating     77 FR 76740, Dec 28,             NA  NA.
                                       nauticus.                from breeding areas in the    2012.
                                                                Arctic Ocean and adjacent
                                                                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     77 FR 76740, Dec 28,             NA  NA.
                                       nauticus.                from breeding areas in the    2012.
                                                                Pacific Ocean west of
                                                                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, ringed (Arctic subspecies)....  Phoca (=Pusa) hispida    Entire subspecies...........  77 FR 76706, Dec 28,             NA  NA.
                                       hispida.                                               2012.
Seal, ringed (Baltic subspecies)....  Phoca (=Pusa) hispida    Entire subspecies...........  77 FR 76706, Dec 28,             NA  NA.
                                       botnica.                                               2012.
Seal, ringed (Okhotsk subspecies)...  Phoca (=Pusa) hispida    Entire subspecies...........  77 FR 76706, Dec 28,             NA  NA.
                                       ochotensis.                                            2012.
Seal, spotted (Southern DPS)........  Phoca largha...........  Spotted seals originating     75 FR 65239, Oct 22,             NA  223.212.
                                                                from breeding areas in the    2010.
                                                                Pacific Ocean south of
                                                                43[deg] N. Lat.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Sea Turtles \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sea turtle, green...................  Chelonia mydas.........  Entire species, except when   43 FR 32800, Jul 28,        226.208  223.205, 223.206,
                                                                listed as endangered under    1978.                                223.207.
                                                                Sec.   224.101.
Sea turtle, loggerhead (Northwest     Caretta caretta........  Loggerhead sea turtles        76 FR 58868, Sep 22,             NA  223.205, 223.206,
 Atlantic Ocean DPS).                                           originating from the          2011.                                223.207.
                                                                Northwest Atlantic Ocean
                                                                west of 40[deg] W. Long.
Sea turtle, loggerhead (South         Caretta caretta........  Loggerhead sea turtles        76 FR 58868, Sep 22,             NA  223.205, 223.206,
 Atlantic Ocean DPS).                                           originating from the South    2011.                                223.207.
                                                                Atlantic Ocean west of
                                                                20[deg] E. Long. and east
                                                                of 67[deg] W. Long.
Sea turtle, loggerhead (Southeast     Caretta caretta........  Loggerhead sea turtles        76 FR 58868, Sep 22,             NA  223.205, 223.206,
 Indo-Pacific Ocean DPS).                                       originating from the          2011.                                223.207.
                                                                Southeast Indian Ocean east
                                                                of 80[deg] E. Long. and
                                                                from the South Pacific
                                                                Ocean west of 141[deg] E.
                                                                Long.
Sea turtle, loggerhead (Southwest     Caretta caretta........  Loggerhead sea turtles        76 FR 58868, Sep 22,             NA  223.205, 223.206,
 Indian Ocean DPS).                                             originating from the          2011.                                223.207.
                                                                Southwest Indian Ocean west
                                                                of 80[deg] E. Long. and
                                                                east of 20[deg] E. Long.
Sea turtle, olive ridley............  Lepidochelys olivacea..  Entire species, except when   43 FR 32800, Jul 28,             NA  223.205, 223.206,
                                                                listed as endangered under    1978.                                223.207.
                                                                Sec.   224.101.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         Fishes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Eulachon (Southern DPS).............  Thaleichthys pacificus.  Eulachon originating from     75 FR 13012, Mar 18,        226.222  NA.
                                                                the Skeena River in British   2010.
                                                                Columbia south to and
                                                                including the Mad River in
                                                                northern California.
Rockfish, canary (Puget Sound/        Sebastes pinniger......  Canary rockfish originating   75 FR 22276, Apr 28,             NA  NA.
 Georgia Basin DPS).                                            from Puget Sound and the      2010.
                                                                Georgia Basin.
Rockfish, yelloweye (Puget Sound/     Sebastes ruberrimus....  Yelloweye rockfish            75 FR 22276, Apr 28,             NA  NA.
 Georgia Basin DPS).                                            originating from Puget        2010.
                                                                Sound and the Georgia Basin.
Salmon, Chinook (California Coastal   Oncorhynchus             Naturally spawned Chinook     70 FR 37160, Jun 28,        226.211  223.203.
 ESU).                                 tshawytscha.             salmon originating from       2005.
                                                                rivers and streams south of
                                                                the Klamath River to and
                                                                including the Russian River.
Salmon, Chinook (Central Valley       Oncorhynchus             Naturally spawned spring-run  70 FR 37160, Jun 28,        226.211  223.203.
 spring-run ESU).                      tshawytscha.             Chinook salmon originating    2005.
                                                                from the Sacramento River
                                                                and its tributaries. Also,
                                                                spring-run Chinook salmon
                                                                from the Feather River
                                                                Hatchery Spring-run Chinook
                                                                Program. This DPS does not
                                                                include Chinook salmon that
                                                                are designated as part of
                                                                an experimental population.

[[Page 20808]]

 
Salmon, Chinook (Central Valley       Oncorhynchus             Central Valley spring-run     78 FR 79622, Dec 31,             NA  223.301.
 spring-run ESU-XN).                   tshawytscha.             Chinook salmon only when,     2013.
                                                                and at such times as, they
                                                                are found in the San
                                                                Joaquin River from Friant
                                                                Dam downstream to its
                                                                confluence with the Merced
                                                                River, delineated by a line
                                                                between decimal latitude
                                                                and longitude coordinates:
                                                                37.348930[deg] N.,
                                                                120.975174[deg] W. and
                                                                37.349099[deg] N.,
                                                                120.974749[deg] W., as well
                                                                as all sloughs, channels,
                                                                floodways, and waterways
                                                                connected with the San
                                                                Joaquin River that allow
                                                                for Central Valley spring-
                                                                run Chinook salmon access,
                                                                but excluding the Merced
                                                                River. Also, Central Valley
                                                                spring-run Chinook salmon
                                                                when found in portions of
                                                                the Kings River that
                                                                connect with the San
                                                                Joaquin River during high
                                                                water years.
Salmon, Chinook (Lower Columbia       Oncorhynchus             Naturally spawned Chinook     70 FR 37160, Jun 28,        226.212  223.203.
 River ESU).                           tshawytscha.             salmon originating from the   2005.
                                                                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 Sandy
                                                                River 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 15 artificial
                                                                propagation programs: the
                                                                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; and the
                                                                Sandy River Hatchery
                                                                (Oregon Department of Fish
                                                                and Wildlife Stock 11).

[[Page 20809]]

 
Salmon, Chinook (Puget Sound ESU)...  Oncorhynchus             Naturally spawned Chinook     70 FR 37160, Jun 28,        226.212  223.203.
                                       tshawytscha.             salmon originating from       2005.
                                                                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 26 artificial
                                                                propagation programs: the
                                                                Kendall Creek Hatchery
                                                                Program; Marblemount
                                                                Hatchery Program (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 fall-    Oncorhynchus             Naturally spawned fall-run    70 FR 37160, Jun 28,        226.205  223.203.
 run ESU).                             tshawytscha.             Chinook salmon originating    2005.
                                                                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/  Oncorhynchus             Naturally spawned spring/     70 FR 37160, Jun 28,        226.205  223.203.
 summer-run ESU).                      tshawytscha.             summer-run Chinook salmon     2005.
                                                                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.
Salmon, Chinook (Upper Willamette     Oncorhynchus             Naturally spawned spring-run  70 FR 37160, Jun 28,        226.212  223.203.
 River ESU).                           tshawytscha.             Chinook salmon originating    2005.
                                                                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).
Salmon, chum (Columbia River ESU)...  Oncorhynchus keta......  Naturally spawned chum        70 FR 37160, Jun 28,        226.212  223.203.
                                                                salmon originating from the   2005.
                                                                Columbia River and its
                                                                tributaries in Washington
                                                                and Oregon. Also, chum
                                                                salmon from two artificial
                                                                propagation programs: the
                                                                Grays River Program and the
                                                                Washougal River Hatchery/
                                                                Duncan Creek Program.

[[Page 20810]]

 
Salmon, chum (Hood Canal summer-run   Oncorhynchus keta......  Naturally spawned summer-run  70 FR 37160, Jun 28,        226.212  223.203.
 ESU).                                                          chum salmon originating       2005.
                                                                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.
Salmon, coho (Lower Columbia River    Oncorhynchus kisutch...  Naturally spawned coho        70 FR 37160, Jun 28,             NA  223.203.
 ESU).                                                          salmon originating from the   2005.
                                                                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 21
                                                                artificial propagation
                                                                programs: the Grays River
                                                                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; 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        76 FR 35755, Jun 20,        226.212  223.203.
                                                                salmon originating from       2011.
                                                                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).
Salmon, coho (Southern Oregon/        Oncorhynchus kisutch...  Naturally spawned coho        70 FR 37160, Jun 28,        226.210  223.203.
 Northern California Coast ESU).                                salmon originating from       2005.
                                                                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.
Salmon, sockeye (Ozette Lake ESU)...  Oncorhynchus nerka.....  Naturally spawned sockeye     70 FR 37160, Jun 28,        226.212  223.203.
                                                                salmon originating from the   2005.
                                                                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.
Steelhead (California Central Valley  Oncorhynchus mykiss....  Naturally spawned anadromous  71 FR 834, Jan 5, 2006..    226.211  223.203.
 DPS).                                                          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.

[[Page 20811]]

 
Steelhead (Central California Coast   Oncorhynchus mykiss....  Naturally spawned anadromous  71 FR 834, Jan 5, 2006..    226.211  223.203.
 DPS).                                                          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).
Steelhead (Lower Columbia River DPS)  Oncorhynchus mykiss....  Naturally spawned anadromous  71 FR 834, Jan 5, 2006..    226.212  223.203.
                                                                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.
Steelhead (Middle Columbia River      Oncorhynchus mykiss....  Naturally spawned anadromous  71 FR 834, Jan 5, 2006..    226.212  223.203.
 DPS).                                                          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.
Steelhead (Middle Columbia River DPS- Oncorhynchus mykiss....  Middle Columbia River         78 FR 2893, Jan. 15,             NA  223.301.
 XN).                                                           steelhead only when, and at   2013.
                                                                such times as, they are
                                                                found above Round Butte Dam.
Steelhead (Northern California DPS).  Oncorhynchus mykiss....  Naturally spawned anadromous  71 FR 834, Jan 5, 2006..    226.211  223.203.
                                                                O. mykiss (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  72 FR 26722, May 11,             NA  223.203.
                                                                O. mykiss (steelhead)         2007.
                                                                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.

[[Page 20812]]

 
Steelhead (Snake River Basin DPS)...  Oncorhynchus mykiss....  Naturally spawned anadromous  71 FR 834, Jan 5, 2006..    226.212  223.203.
                                                                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).
Steelhead (South-Central California   Oncorhynchus mykiss....  Naturally spawned anadromous  71 FR 834, Jan 5, 2006..    226.211  223.203.
 Coast DPS).                                                    O. mykiss (steelhead)
                                                                originating below natural
                                                                and manmade impassable
                                                                barriers from the Pajaro
                                                                River to (but not
                                                                including) the Santa Maria
                                                                River.
Steelhead (Upper Columbia River DPS)  Oncorhynchus mykiss....  Naturally spawned anadromous  71 FR 834, Jan 5, 2006..    226.212  223.203.
                                                                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     Oncorhynchus mykiss....  Naturally spawned anadromous  71 FR 834, Jan 5, 2006..    226.212  223.203.
 DPS).                                                          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.
Sturgeon, Atlantic (Atlantic          Acipenser oxyrinchus     Anadromous Atlantic sturgeon  77 FR 5880, Feb 6, 2012.         NA  223.211.
 subspecies; Gulf of Maine DPS).       oxyrinchus.              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, Massachusetts.
Sturgeon, Atlantic (Gulf subspecies)  Acipenser oxyrinchus     Entire subspecies...........  56 FR 49653, Sep 30,        226.214  17.44(v).
                                       desotoi.                                               1991.
Sturgeon, green (Southern DPS)......  Acipenser medirostris..  Green sturgeon originating    71 FR 17757, April 7,       226.219  223.210.
                                                                from the Sacramento River     2006; 71 FR 19241,
                                                                basin and from coastal        April 13, 2006.
                                                                rivers south of the Eel
                                                                River (exclusive).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         Corals
--------------------------------------------------------------------------------------------------------------------------------------------------------
Coral, elkhorn......................  Acropora palmata.......  Entire species..............  71 FR 26852, May 9, 2006    226.216  223.208.
Coral, staghorn.....................  Acropora cervicornis...  Entire species..............  71 FR 26852, May 9, 2006    226.216  223.208.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Marine Plants
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.


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), the introductory text of paragraph (b), 
paragraph (b)(1), and the introductory text of paragraphs (b)(2), 
(b)(3), and (b)(4);
0
b. Remove and reserve paragraph (b)(4)(v);
0
c. Revise the introductory text of paragraphs (b)(5) through (13); and,
0
d. Revise the first sentence of paragraph (c).
    The revisions 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)

[[Page 20813]]

listed in Sec.  223.102 are described in the following paragraphs:
    (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:
* * * * *
    (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 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 section heading;
0
b. Revise paragraphs (a) and (b) introductory text, (b)(1) introductory 
text, paragraph (b)(2), (b)(3) introductory text, and (b)(4) 
introductory text;
0
c. Revise paragraph (c) introductory text, (c)(1) introductory text, 
(c)(2) introductory text, and (c)(3) introductory text; and,
0
d. Revise paragraphs (d) and (e).
    The revisions read as follows:


Sec.  223.210  Green sturgeon.

    (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 the 
threatened Southern Distinct Population Segment (DPS) of green sturgeon 
listed in Sec.  223.102.
    (b) Exceptions. Exceptions to the take prohibitions described in 
section 9(a)(1) of the ESA (16 U.S.C. 1538(a)(1)) applied in paragraph 
(a) of this section to the threatened Southern DPS listed in Sec.  
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:
* * * * *

[[Page 20814]]

    (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 a Southern DPS fish 
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) of the ESA (16 U.S.C. 
1538(a)(1)) applied in paragraph (a) of this section to the threatened 
Southern DPS listed in Sec.  223.102 are described in the following 
paragraphs:
    (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) ESA section 10 permits. 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 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.
    (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 listed in Sec.  223.102, any 
person claiming that his or her take is excepted via methods listed in 
paragraph (b) of this section shall have a defense where the person can 
demonstrate that the exception is applicable and was in force, and that 
the person fully complied with the exception's 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.  223.212 to read as follows:


Sec.  223.212  Southern DPS of spotted seal.

    The prohibitions of section 9(a)(1) of the ESA (16 U.S.C. 
1538(a)(1)) relating to endangered species shall apply to the Southern 
Distinct Population Segment of spotted seal listed in Sec.  223.102.

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 et seq. 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, 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,

[[Page 20815]]

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(s) 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 the ``Critical habitat'' column indicates that 
there are no critical habitat designations for that species; similarly, 
the term ``NA'' appearing in the ``ESA rules'' column indicates that 
there are no 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 listing   Critical         ESA rules
             Common name                  Scientific name      Description of listed entity      determination(s)       habitat
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Marine Mammals
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dolphin, Chinese River (aka baiji)..  Lipotes vexillifer.....  Entire species..............  54 FR 22906, May 30,             NA  NA.
                                                                                              1989.
Dolphin, South Asian River (Indus     Platanista gangetica     Entire subspecies...........  55 FR 50835, Dec 11,             NA  NA.
 River subspecies).                    minor.                                                 1990.
Porpoise, Gulf of California harbor   Phocoena sinus.........  Entire species..............  50 FR 1056, Jan 9, 1985.         NA  NA.
 (aka vaquita or cochito).
Sea lion, Steller (Western DPS).....  Eumetopias jubatus.....  Steller sea lions born in     62 FR 24345, May 5, 1997    226.202  224.103, 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 schauinslandi.  Entire species..............  41 FR 51611, Nov 23,        226.201  NA.
                                                                                              1976.
Seal, Mediterranean monk............  Monachus monachus......  Entire species..............  35 FR 8491, Jun 2, 1970.         NA  NA.
Seal, ringed (Ladoga subspecies)....  Phoca (=Pusa) hispida    Entire subspecies...........  77 FR 76706; Dec 28,             NA  NA.
                                       ladogensis.                                            2012.
Seal, ringed (Saimaa subspecies)....  Phoca (=Pusa) hispida    Entire subspecies...........  58 FR 26920, May 6, 1993         NA  NA.
                                       saimensis.
Whale, beluga (Cook Inlet DPS)......  Delphinapterus leucas..  Beluga whales originating     73 FR 62919, Oct 22,        226.220  NA.
                                                                from Cook Inlet, Alaska.      2008.
Whale, blue.........................  Balaenoptera musculus..  Entire species..............  35 FR 18319, Dec 2, 1970         NA  NA.
Whale, bowhead......................  Balaena mysticetus.....  Entire species..............  35 FR 18319, Dec 2, 1970         NA  NA.
Whale, false killer (Main Hawaiian    Pseudorca crassidens...  False killer whales found     77 FR 70915, November            NA  NA.
 Islands Insular DPS).                                          from nearshore of the main    28, 2012.
                                                                Hawaiian Islands out to 140
                                                                km (approximately 75
                                                                nautical miles) and that
                                                                permanently reside within
                                                                this geographic range.
Whale, fin or finback...............  Balaenoptera physalus..  Entire species..............  35 FR 8491, Jun 2, 1970.         NA  NA.
Whale, gray (Western North Pacific    Eschrichtius robustus..  Western North Pacific         35 FR 8491, Jun 2, 1970;         NA  NA.
 DPS).                                                          (Korean) gray whales.         59 FR 31094, Jun 16,
                                                                                              1994.
Whale, humpback.....................  Megaptera novaeangliae.  Entire species..............  35 FR 18319, Dec 2, 1970         NA  224.103.
Whale, killer (Southern Resident      Orcinus orca...........  Killer whales from the J, K,  70 FR 69903, Nov 18,        226.206  224.103.
 DPS).                                                          and L pods, except such       2005.
                                                                whales placed in captivity
                                                                prior to November 2005 and
                                                                their captive born progeny.
Whale, North Atlantic right.........  Eubalaena glacialis....  Entire species..............  73 FR 12024, Mar 6, 2008    226.203  224.103, 224.105.
Whale, North Pacific right..........  Eubalaena japonica.....  Entire species..............  73 FR 12024, Mar 6, 2008    226.215  224.103.

[[Page 20816]]

 
Whale, sei..........................  Balaenoptera borealis..  Entire species..............  35 FR 18319, Dec 2, 1970         NA  NA.
Whale, Southern right...............  Eubalaena australis....  Entire species..............  35 FR 18319, Dec 2, 1970         NA  NA.
Whale, sperm........................  Physeter macrocephalus   Entire species..............  35 FR 18319, Dec 2, 1970         NA  NA.
                                       (= catodon).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Sea Turtles \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sea turtle, green...................  Chelonia mydas.........  Breeding colony populations   43 FR 32800, Jul 28,        226.208  224.104.
                                                                in Florida and on the         1978.
                                                                Pacific coast of Mexico.
Sea turtle, hawksbill...............  Eretmochelys imbricata.  Entire species..............  35 FR 8491, Jun 2, 1970.    226.209  224.104.
Sea turtle, Kemp's ridley...........  Lepidochelys kempii....  Entire species..............  35 FR 18319, Dec 2, 1970         NA  224.104.
Sea turtle, leatherback.............  Dermochelys coriacea...  Entire species..............  35 FR 8491, Jun 2, 1970.    226.207  224.104.
Sea turtle, loggerhead                Caretta caretta........  Loggerhead sea turtles        76 FR 58868, Sep 22,             NA  224.104.
 (Mediterranean Sea DPS).                                       originating from the          2011.
                                                                Mediterranean Sea.
Sea turtle, loggerhead (North Indian  Caretta caretta........  Loggerhead sea turtles        76 FR 58868, Sep 22,             NA  224.104.
 Ocean DPS).                                                    originating from the North    2011.
                                                                Indian Ocean.
Sea turtle, loggerhead (North         Caretta caretta........  Loggerhead sea turtles        76 FR 58868, Sep 22,             NA  224.104.
 Pacific Ocean DPS).                                            originating from the North    2011.
                                                                Pacific Ocean.
Sea turtle, loggerhead (Northeast     Caretta caretta........  Loggerhead sea turtles        76 FR 58868, Sep 22,             NA  224.104.
 Atlantic Ocean DPS).                                           originating from the          2011.
                                                                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 (South         Caretta caretta........  Loggerhead sea turtles        76 FR 58868, Sep 22,             NA  224.104.
 Pacific Ocean DPS).                                            originating from the South    2011.
                                                                Pacific Ocean west of
                                                                67[deg] W. Long., and east
                                                                of 141[deg] E. Long.
Sea turtle, olive ridley............  Lepidochelys olivacea..  Breeding colony populations   43 FR 32800, Jul 28,             NA  224.104.
                                                                on the Pacific coast of       1978.
                                                                Mexico.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         Fishes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bocaccio (Puget Sound/Georgia Basin   Sebastes paucispinis...  Bocaccio originating from     75 FR 22276, Apr 28,             NA  NA.
 DPS).                                                          Puget Sound and the Georgia   2010.
                                                                Basin.
Salmon, Atlantic (Gulf of Maine DPS)  Salmo salar............  Naturally spawned Atlantic    74 FR 29344, Jun 19,        226.217  NA.
                                                                salmon originating from the   2009.
                                                                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 (Sacramento River     Oncorhynchus             Naturally spawned winter-run  70 FR 37160, Jun 28,        226.204  NA.
 winter-run ESU).                      tshawytscha.             Chinook salmon originating    2005.
                                                                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 Columbia       Oncorhynchus             Naturally spawned spring-run  70 FR 37160, Jun 28,        226.212  NA.
 River spring-run ESU).                tshawytscha.             Chinook salmon originating    2005.
                                                                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 California      Oncorhynchus kisutch...  Naturally spawned coho        70 FR 37160, Jun 28,        226.210  NA.
 Coast ESU).                                                    salmon originating from       2005; 77 FR 19552, Apr
                                                                rivers south of Punta         2, 2012.
                                                                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.

[[Page 20817]]

 
Salmon, sockeye (Snake River ESU)...  Oncorhynchus nerka.....  Naturally spawned anadromous  70 FR 37160, Jun 28,        226.205  NA.
                                                                and residual sockeye salmon   2005.
                                                                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 12,             NA  NA.
                                                                                              2011.
Sawfish, smalltooth (United States    Pristis pectinata......  Smalltooth sawfish            68 FR 15674, Apr 1, 2003    226.218  NA.
 DPS).                                                          originating from U.S.
                                                                waters.
Steelhead (Southern California DPS).  Oncorhynchus mykiss....  Naturally spawned anadromous  71 FR 834, Jan 5, 2006..    226.211  NA.
                                                                O. mykiss (steelhead)
                                                                originating below natural
                                                                and manmade impassable
                                                                barriers from the Santa
                                                                Maria River to the U.S.-
                                                                Mexico Border.
Sturgeon, Atlantic (Atlantic          Acipenser oxyrinchus     Atlantic sturgeon             77 FR 5914, Feb 6, 2012.         NA  NA.
 subspecies; Carolina DPS).            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 (Atlantic          Acipenser oxyrinchus     Anadromous Atlantic sturgeon  77 FR 5880, Feb 6, 2012.         NA  NA.
 subspecies; Chesapeake Bay DPS).      oxyrinchus.              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 (Atlantic          Acipenser oxyrinchus     Anadromous Atlantic sturgeon  77 FR 5880, Feb 6, 2012.         NA  NA.
 subspecies; New York Bight DPS).      oxyrinchus.              originating from watersheds
                                                                that drain into coastal
                                                                waters, including Long
                                                                Island Sound, the New York
                                                                Bight, and Delaware Bay,
                                                                from Chatham, Massachusetts
                                                                to the Delaware-Maryland
                                                                border on Fenwick Island.
Sturgeon, Atlantic (Atlantic          Acipenser oxyrinchus     Atlantic sturgeon             77 FR 5914, Feb 6, 2012.         NA  NA.
 subspecies; South Atlantic DPS).      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 brevirostrum.  Entire species..............  32 FR 4001, Mar 11, 1967         NA  NA.
Totoaba.............................  Cynoscion macdonaldi...  Entire species..............  44 FR 29480, May 21,             NA  NA.
                                                                                              1979.
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                                                                        Molluscs
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Abalone, black......................  Haliotis cracherodii...  Entire species..............  74 FR 1937, Jan 14, 2009    226.221  NA.
Abalone, white......................  Haliotis sorenseni.....  Entire species..............  66 FR 29054, May, 29,            NA  NA.
                                                                                              2001.
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\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.

[FR Doc. 2014-08347 Filed 4-11-14; 8:45 am]
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