Revisions to Hatchery Programs Included as Part of Pacific Salmon and Steelhead Species Listed Under the Endangered Species Act, 72759-72769 [2016-25438]
Download as PDF
<![CDATA[
Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Proposed Rules
notices and opportunity for comments
on the Agency’s decisions to authorize
the Louisiana program, and the EPA is
not now reopening the decisions, nor
requesting comments, on the Louisiana
authorizations as published in FR
notices specified in Section I.F of the
direct final rule FR document.
This document incorporates by
reference Louisiana’s hazardous waste
statutes and regulations and clarifies
which of these provisions are included
in the authorized and federally
enforceable program. By codifying
Louisiana’s authorized program and by
amending the Code of Federal
Regulations, the public will be more
easily able to discern the status of
federally approved requirements of the
Louisiana’s hazardous waste
management program.
Authority: This action is issued under the
authority of sections 2002(a), 3006, and
7004(b) of the Solid Waste Disposal Act, as
amended, 42 U.S.C. 6912(a), 6926, and
6974(b).
Dated: August 1, 2016.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2016–25313 Filed 10–20–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 720, 721, and 723
[EPA–HQ–OPPT–2014–0650; FRL–9952–69]
Significant New Uses of Chemical
Substances; Updates to the Hazard
Communication Program and
Regulatory Framework; Minor
Amendments To Reporting
Requirements for Premanufacture
Notices; Reopening of Comment
Period
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; Reopening of
comment period.
In the Federal Register of July
28, 2016, EPA proposed to amend the
hazard communication program and
aspects of the regulatory framework for
significant new uses of chemical
substances and reporting requirements
for premanufacture notices under the
Toxic Substances Control Act. This
document reopens the comment period
for 30 days. A commenter requested
additional time to submit written
comments for the proposed rule. EPA
believes that the request is reasonable
and is therefore reopening the comment
period in order to give all interested
mstockstill on DSK3G9T082PROD with PROPOSALS
VerDate Sep<11>2014
17:22 Oct 20, 2016
Jkt 241001
The comment period for the
proposed rule published on July 28,
2016 (81 FR 49598) (FRL–9944–47) is
reopened. Comments, identified by
docket identification (ID) number EPA–
HQ–OPPT–2014–0650 must be received
on or before November 21, 2016.
ADDRESSES: As specified in the Federal
Register document of July 28, 2016 (81
FR 49598) (FRL–9944–47), submit your
comments, identified by docket
identification (ID) number EPA–HQ–
OPPT–2014–0650, by one of the
following methods:
D Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
D Mail: Document Control Office
(7407M), Office of Pollution Prevention
and Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460–0001.
D Hand Delivery: To make special
arrangements for hand deliver or
delivery of boxed information, please
follow the instructions at: https://
www.epa.gov/dockets/contacts.html.
Additional instructions on commenting
or visiting the docket, along with more
information about dockets generally, is
available at https://www.epa.gov/
dockets.
DATES:
For
technical information contact: Jim
Alwood, Chemical Control Division,
Office of Pollution Prevention and
Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460–0001; telephone
number: (202) 564–8974; email address:
alwood.jim@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
FOR FURTHER INFORMATION CONTACT:
AGENCY:
SUMMARY:
persons the opportunity to comment
fully.
SUPPLEMENTARY INFORMATION:
This document reopens the public
comment period established in the
Federal Register document of July 28,
2016 (81 FR 49598) (FRL–9944–47). In
that document, EPA proposed
amendments to the hazard
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
72759
communication program and regulatory
framework for significant new uses of
chemical substances and reporting
requirements for premanufacture
notices. EPA is hereby reopening the
comment period for 30 days.
To submit comments, or access the
docket, please follow the detailed
instructions provided under ADDRESSES
in the Federal Register document of
July 28, 2016. If you have questions,
consult the technical person listed
under FOR FURTHER INFORMATION
CONTACT.
List of Subjects in 40 CFR Parts 720,
721, and 723
Environmental protection, Chemicals,
Hazardous materials, Recordkeeping,
and Reporting requirements.
Dated: October 7, 2016.
Jeff Morris,
Acting Director, Office of Pollution Prevention
and Toxics.
[FR Doc. 2016–25440 Filed 10–20–16; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 223 and 224
[Docket No. 160809713–6909–01]
RIN 0648–XE804
Revisions to Hatchery Programs
Included as Part of Pacific Salmon and
Steelhead Species Listed Under the
Endangered Species Act
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule.
AGENCY:
We, NMFS, announce
proposed revisions to the Code of
Federal Regulations (CFR) to update the
descriptions of Pacific salmon and
steelhead (Oncorhynchus spp.) species
currently listed as threatened or
endangered under the Endangered
Species Act of 1973 (ESA). Revisions
include the addition or removal of
specific hatchery programs, as well as
clarifying changes to the names of
specific hatchery programs included as
part of the listings of certain Pacific
salmon and steelhead species. These
proposed changes are informed by our
recently completed 5-year reviews
under ESA. We do not propose to
change the ESA-listing status of any
species under NMFS’ jurisdiction, or
modify any critical habitat designation.
SUMMARY:
E:\FR\FM\21OCP1.SGM
21OCP1
72760
Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Proposed Rules
Comments and information
regarding the proposed revisions must
be received by December 20, 2016.
ADDRESSES: You may submit comments,
information, or data, identified by the
code NOAA–NMFS–2016–0110 by
either of the following methods:
• Electronic Submissions: Submit all
electronic comments via the Federal
eRulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=
NOAA-NMFS-2016-0110. Click the
‘‘Comment Now’’ icon, complete the
required fields, and enter or attach your
comments.
• Mail: Send comments, identified
with ‘‘Proposed Changes to Listed
Salmon and Steelhead Hatchery
Programs’’ to Chris Yates, Assistant
Regional Administrator, Protected
Resources Division, NMFS, West Coast
Regional Office, Attn: Claire McGrath,
1201 NE. Lloyd Blvd., Suite 1100,
Portland, OR 97232.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. We will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT:
Claire McGrath, NMFS, West Coast
Region, Protected Resources Division, at
the above address, by phone at (503)
230–5433, or by email at
claire.mcgrath@noaa.gov. You may also
contact Maggie Miller, NMFS, Office of
Protected Resources, (301) 427–8403.
Copies of the documents supporting this
proposed rule can be found on our West
Coast Region Web site at:
www.westcoast.fisheries.gov.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK3G9T082PROD with PROPOSALS
DATES:
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
VerDate Sep<11>2014
17:22 Oct 20, 2016
Jkt 241001
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.
The ESA requires regular review of
listed species to determine whether a
species should be delisted, reclassified,
or retain its current classification (16
U.S.C. 1533(c)(2)). Recently, we
completed a 5-year review of the status
of ESA-listed salmon ESUs and
steelhead DPSs in California, Oregon,
Idaho, and Washington (81 FR 33468,
May 26, 2016). As part of the 5-year
review, we reviewed the classification
of all West Coast salmonid hatchery
programs, taking into consideration the
origin for each hatchery stock, the
location of release of hatchery fish, and
the degree of known or inferred genetic
divergence between the hatchery stock
and the local natural population(s). We
used criteria in NMFS’ 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) to guide
our review. 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.
In a NMFS internal memorandum,
Jones (2015) summarizes the results of
our most recent hatchery program
review. We identified 28 hatchery
programs for which we recommend a
change in classification, i.e., adding the
program to or removing it from an ESU/
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
DPS. We propose to remove 5 hatchery
programs because they have been
terminated and the last cohort of adult
hatchery-origin fish has returned. We
propose to add 23 hatchery programs to
the relevant listed ESU/DPS because our
5-year review and hatchery program
evaluation (Jones 2015) concluded that
the program exhibits a level of genetic
divergence relative to the local natural
population(s) that is not more than what
occurs within the ESU/DPS. Consistent
with the Hatchery Listing Policy, such
programs should be included and listed
as part of the ESU/DPS. The reader is
referred to the 5-year review reports and
Jones (2015) for a more detailed
explanation of the proposed changes
summarized below.
We identified 26 hatchery programs
for which we propose a name change.
These name changes reflect an effort to
standardize conventions for naming
hatchery programs (e.g., we recommend
removing Oregon Department of Fish
and Wildlife (ODFW) hatchery stock
identification numbers from hatchery
program names) or otherwise clarify the
specific hatchery program that is
included in a listing. In addition, we
recommend minor changes in
terminology used to describe three ESU/
DPSs for which there are no other
proposed revisions in order to
standardize species descriptions. We
summarize the proposed revisions
below and provide the full text of
proposed updates to the listed species’
descriptions at 50 CFR parts 223 and
224 in the regulatory text at the end of
this Federal Register notice. After
considering public comments on these
proposed revisions, we will finalize this
proposed rule and then coordinate with
the FWS to ensure that the changes are
reflected in the FWS Lists at 50 CFR
17.11.
Endangered Species at 50 CFR 224.101
Revisions to Endangered Species
Descriptions
Below we summarize proposed
revisions to the descriptions of our
endangered species listed in 50 CFR
224.101. Based on our recently
completed 5-year reviews of the status
of ESA-listed salmon ESUs and
steelhead DPSs in California, Oregon,
Idaho, and Washington, and our
evaluation of West Coast salmon and
steelhead hatchery programs in Jones
(2015) (see https://www.westcoast.
fisheries.noaa.gov/publications/status_
reviews/salmon_steelhead/2016_status_
review.html for these supporting
documents), the description of two
endangered species must be revised to
account for changes in the classification
E:\FR\FM\21OCP1.SGM
21OCP1
Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Proposed Rules
of specific artificial propagation
programs considered part of the
respective ESUs. The addition or
termination of an artificial propagation
program does not constitute a listing or
delisting of an ESU, but simply a
revision to reflect the actual current
composition of the listed ESU. We also
propose minor changes in the
description terminology of two other
endangered species to standardize
species descriptions.
to San Francisco Bay. Also, coho salmon
from the following 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.’’
There are no proposed changes in
hatchery programs included in this
ESU. We recommend minor changes in
terminology to standardize species
descriptions.
Salmon, Chinook (Sacramento River
Winter-Run ESU)
We propose to revise this description
to read: ‘‘Naturally spawned winter-run
Chinook salmon originating from the
Sacramento River and its tributaries.
Also, winter-run Chinook salmon from
the following artificial propagation
programs: The Livingston Stone
National Fish Hatchery
(supplementation and captive
broodstock).’’ The change proposed for
this DPS is to add the captive
broodstock component of the Livingston
Stone National Fish Hatchery Program,
which was restarted in 2015 after being
implemented from 1991 to 2007 and
then discontinued. The source of fish
for both the captive broodstock and
supplementation programs is local,
natural-origin winter Chinook salmon in
the upper Sacramento River.
Salmon, Sockeye (Snake River ESU)
We propose to revise this description
to read: ‘‘Naturally spawned
anadromous and residual sockeye
salmon originating from the Snake River
basin. Also, sockeye salmon from the
Redfish Lake Captive Broodstock
Program.’’ There are no proposed
changes in hatchery programs included
in this ESU. We recommend minor
changes in terminology to standardize
species descriptions.
mstockstill on DSK3G9T082PROD with PROPOSALS
Salmon, Chinook (Upper Columbia
River Spring-Run ESU)
We propose to revise this description
to read: ‘‘Naturally spawned spring-run
Chinook salmon originating from
Columbia River tributaries upstream of
the Rock Island Dam and downstream of
Chief Joseph Dam (excluding the
Okanogan River subbasin). Also, springrun Chinook salmon from the following
artificial propagation programs: The
Twisp River Program; Methow Program;
Winthrop National Fish Hatchery
Program; Chiwawa River Program;
White River Program; and the Nason
Creek Program.’’ The changes proposed
for this ESU include: (1) Removing the
Chewuch River Program as an artificial
propagation program included in this
ESU because it is now considered part
of the Methow Program; and (2) adding
the new Nason Creek Program because
the source for these fish is local, naturalorigin fish from Nason Creek.
Salmon, Coho (Central California Coast
ESU)
We propose to revise this description
to read: ‘‘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
VerDate Sep<11>2014
17:22 Oct 20, 2016
Jkt 241001
Threatened Species at 50 CFR 223.102
Revisions to Threatened Species
Descriptions
Below we summarize proposed
revisions to the descriptions of
threatened species listed in 50 CFR
223.102. Based on our recently
completed 5-year reviews of the status
of ESA-listed salmon ESUs and
steelhead DPSs in California, Oregon,
Idaho, and Washington (see https://www.
westcoast.fisheries.noaa.gov/
publications/status_reviews/salmon_
steelhead/2016_status_review.html for
status review documents), the
descriptions of 17 threatened species
must be revised to account for changes
in the classification or name of specific
artificial propagation programs
associated with that ESU or DPS. The
addition or termination of these
artificial propagation programs does not
constitute a listing or delisting of an
ESU or DPS, but simply a revision to the
composition of the listed ESU or DPS.
We also propose minor changes in the
description terminology of one other
threatened species to standardize
species descriptions.
Salmon, Chinook (Lower Columbia
River ESU)
We propose to revise this description
to read: ‘‘Naturally spawned Chinook
salmon originating from the Columbia
River and its tributaries downstream of
a transitional point east of the Hood and
White Salmon Rivers, and any such fish
originating from the Willamette River
and its tributaries below Willamette
Falls. Not included in this DPS are: (1)
Spring-run Chinook salmon originating
from the Clackamas River; (2) fall-run
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
72761
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 spawned
Chinook salmon originating from the
Rogue River Fall Chinook Program. This
DPS does include Chinook salmon from
the following artificial propagation
programs: The Big Creek Tule Chinook
Program; Astoria High School SalmonTrout Enhancement Program (STEP)
Tule Chinook Program; Warrenton High
School STEP Tule Chinook Program;
Cowlitz Tule Chinook Program; North
Fork Toutle Tule Chinook Program;
Kalama Tule Chinook Program;
Washougal River Tule Chinook
Program; Spring Creek National Fish
Hatchery (NFH) Tule Chinook Program;
Cowlitz Spring Chinook Program in the
Upper Cowlitz River and the Cispus
River; Friends of the Cowlitz Spring
Chinook Program; Kalama River Spring
Chinook Program; Lewis River Spring
Chinook Program; Fish First Spring
Chinook Program; Sandy River Hatchery
Program; Deep River Net PensWashougal Program; Klaskanine
Hatchery Program; Bonneville Hatchery
Program; and the Cathlamet Channel
Net Pens Program.’’ The changes
proposed for this ESU include: (1)
Adding the Deep River Net PensWashougal Program because these fish
are returning hatchery-origin adults
from the Washougal River Tule Chinook
Program, which is included in the ESU;
(2) adding the Klaskanine Hatchery
Program because the source for these
fish is the Big Creek Tule Chinook
Program, which is included in the ESU;
(3) adding the Bonneville Hatchery
Program because the source for these
fish is the Spring Creek NFH Tule
Chinook Program, which is included in
the ESU; and (4) adding the Cathlamet
Channel Net Pens Program, because the
source for these fish is the Cowlitz
Spring Chinook Program in the Upper
Cowlitz River, which is included in the
ESU. Jones (2015) concluded that, given
the within-ESU source of broodstock for
these hatchery programs, 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. Consistent with the Hatchery
Listing Policy, Jones (2015)
E:\FR\FM\21OCP1.SGM
21OCP1
72762
Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Proposed Rules
mstockstill on DSK3G9T082PROD with PROPOSALS
recommended that these hatchery
programs be proposed for inclusion as
part of the Lower Columbia River
Chinook ESU.
Salmon, Chinook (Puget Sound ESU)
We propose to revise this description
to read: ‘‘Naturally spawned Chinook
salmon originating from rivers flowing
into Puget Sound from the Elwha River
(inclusive) eastward, including rivers in
Hood Canal, South Sound, North Sound
and the Strait of Georgia. Also, Chinook
salmon from the following artificial
propagation programs: the Kendall
Creek Hatchery Program; Marblemount
Hatchery Program (spring subyearlings
and summer-run); Brenner Creek
Hatchery Program (summer-run and fallrun); Whitehorse Springs Pond Program;
Wallace River Hatchery Program
(yearlings and subyearlings); Issaquah
Hatchery Program; White River
Hatchery Program; White Acclimation
Pond Program; Voights Creek Hatchery
Program; Diru Creek Program; Clear
Creek Program; Kalama Creek Program;
George Adams Hatchery Program;
Hamma Hatchery Program; Dungeness/
Hurd Creek Hatchery Program; Elwha
Channel Hatchery Program; Skookum
Creek Hatchery Spring-run Program;
Bernie Kai-Kai Gobin (Tulalip)
Hatchery-Cascade Program; North Fork
Skokomish River Spring-run Program;
the Soos Creek Hatchery Program
(subyearlings and yearlings); the Fish
Restoration Facility Program; the Bernie
Kai-Kai Gobin (Tulalip) HatcherySkykomish Program; and the Hupp
Springs Hatchery-Adult Returns to
Minter Creek Program.’’ The changes
proposed for this ESU include: (1)
Removing the Icy Creek Hatchery
Program as an artificial propagation
program included in this ESU because
it is now considered part of the Soos
Creek Program; (2) adding the Bernie
Kai-Kai Gobin (Tulalip) HatcheryCascade Program because the source for
these fish is the Marblemount Hatchery
Program (spring subyearlings), which is
included in the ESU; (3) adding the new
North Fork Skokomish River Spring-run
Program because the source for these
fish is the Marblemount Hatchery
Program (spring subyearlings), which is
included in the ESU; (4) removing the
Rick’s Pond Hatchery Program, a
terminated program for which all
hatchery-origin adults have returned; (5)
updating the name of the Soos Creek
Hatchery Program, which is included in
the ESU, to the Soos Creek Hatchery
Program (subyearlings and yearlings);
(6) updating the name of the Keta Creek
Hatchery Program, which is included in
the ESU, to the Fish Restoration Facility
Program; (7) updating the name of the
VerDate Sep<11>2014
17:22 Oct 20, 2016
Jkt 241001
Tulalip Bay Program, which is included
in the ESU, to the Bernie Kai-Kai Gobin
(Tulalip) Hatchery-Skykomish Program;
(8) updating the name of the Hupp
Springs Hatchery Program, which is
included in the ESU, to the Hupp
Springs Hatchery-Adult Returns to
Minter Creek Program; and (9) updating
the name of the Harvey Creek Hatchery
Program, which is included in the ESU,
to the Brenner Creek Hatchery Program.
Salmon, Chinook (Snake River Fall-Run
ESU)
We propose to revise this description
to read: ‘‘Naturally spawned fall-run
Chinook salmon originating from the
mainstem Snake River below Hells
Canyon Dam and from the Tucannon
River, Grande Ronde River, Imnaha
River, Salmon River, and Clearwater
River subbasins. Also, fall-run Chinook
salmon from the following artificial
propagation programs: the Lyons Ferry
Hatchery Program; Fall Chinook
Acclimation Ponds Program; Nez Perce
Tribal Hatchery Program; and the Idaho
Power Program.’’ The change proposed
for this ESU is to update the name of the
Oxbow Hatchery Program, which is
included in the ESU, to the Idaho Power
Program.
Salmon, Chinook (Snake River Spring/
Summer-Run ESU)
We propose to revise this description
to read: ‘‘Naturally spawned spring/
summer-run Chinook salmon
originating from the mainstem Snake
River and the Tucannon River, Grande
Ronde River, Imnaha River, and Salmon
River subbasins. Also, spring/summerrun Chinook salmon from the following
artificial propagation programs: The
Tucannon River Program; Lostine River
Program; Catherine Creek Program;
Lookingglass Hatchery Program; Upper
Grande Ronde Program; Imnaha River
Program; McCall Hatchery Program;
Johnson Creek Artificial Propagation
Enhancement Program; Pahsimeroi
Hatchery Program; Sawtooth Hatchery
Program; Yankee Fork Program; Dollar
Creek Program; Panther Creek Program;
and the Big Sheep Creek-Adult
outplanting from Imnaha Program.’’ The
changes proposed for this ESU include:
(1) Adding the Yankee Fork Program
because the source for these fish is the
Sawtooth Hatchery Program, which are
included in the ESU; (2) adding the
Dollar Creek Program because the
source for these fish is the McCall
Hatchery Program, which is included in
the ESU; (3) adding the Panther Creek
Program because the source for these
fish is the Pahsimeroi Hatchery
Program, which is included in the ESU;
and (4) updating the name of the Big
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
Sheep Creek Program, which is
included in the ESU, to the Big Sheep
Creek-Adult outplanting from Imnaha
Program.
Salmon, Chinook (Upper Willamette
River ESU)
We propose to revise this description
to read: ‘‘Naturally spawned spring-run
Chinook salmon originating from the
Clackamas River and from the
Willamette River and its tributaries
above Willamette Falls. Also, spring-run
Chinook salmon from the following
artificial propagation programs: The
McKenzie River Hatchery Program;
Willamette Hatchery Program;
Clackamas Hatchery Program; North
Santiam River Program; South Santiam
River Program; and the Mollala River
Program.’’ The changes proposed for
this ESU include: (1) Updating the name
of the Marion Forks Hatchery/North
Fork Santiam Hatchery Program (ODFW
Stock #21), which is included in the
ESU, to the North Santiam River
Program; (2) separating the South
Santiam Hatchery Program (ODFW
Stock #24) in the South Fork Santiam
River and Mollala River, which is
included in the ESU, into two programs
named the South Santiam River
Program and the Mollala River Program;
and (3) removing Oregon Department of
Fish and Wildlife (ODFW) stock
numbers from the names of the
McKenzie River Hatchery Program,
Willamette Hatchery Program, and
Clackamas Hatchery Program.
Salmon, Chum (Columbia River ESU)
We propose to revise this description
to read: ‘‘Naturally spawned chum
salmon originating from the Columbia
River and its tributaries in Washington
and Oregon. Also, chum salmon from
the following artificial propagation
programs: The Grays River Program;
Washougal River Hatchery/Duncan
Creek Program; and the Big Creek
Hatchery Program.’’ The change
proposed for this ESU is to add the new
Big Creek Hatchery Program because the
source for these fish is local, naturalorigin fish from the Grays River, which
is included in the ESU.
Salmon, Chum (Hood Canal SummerRun ESU)
We propose to revise this description
to read: ‘‘Naturally spawned summerrun chum salmon originating from Hood
Canal and its tributaries as well as from
Olympic Peninsula Rivers between
Hood Canal and Dungeness Bay
(inclusive). Also, summer-run chum
salmon from the following artificial
propagation programs: The Lilliwaup
Creek Fish Hatchery Program; and the
E:\FR\FM\21OCP1.SGM
21OCP1
Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Proposed Rules
Tahuya River Program.’’ The changes
proposed for this ESU include removing
two terminated programs for which all
hatchery-origin adults have returned: (1)
The Hamma Fish Hatchery Program;
and (2) the Jimmycomelately Creek Fish
Hatchery Program.
mstockstill on DSK3G9T082PROD with PROPOSALS
Salmon, Coho (Lower Columbia River
ESU)
We propose to revise this description
to read: ‘‘Naturally spawned coho
salmon originating from the Columbia
River and its tributaries downstream
from the Big White Salmon and Hood
Rivers (inclusive) and any such fish
originating from the Willamette River
and its tributaries below Willamette
Falls. Also, coho salmon from the
following artificial propagation
programs: The Grays River Program;
Peterson Coho Project; Big Creek
Hatchery Program; 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; Bonneville/Cascade/Oxbow
Complex Hatchery Program; Clatsop
County Fisheries Net Pen Program; and
the Clatsop County Fisheries/
Klaskanine Hatchery Program.’’ The
changes proposed for this ESU include:
(1) Adding the Clatsop County Fisheries
Net Pen Program because the broodstock
origin is Tanner Creek, which is
included in the ESU; (2) adding the
Clatsop County Fisheries/Klaskanine
Hatchery Program because the source
for these fish is the Big Creek Hatchery
Program, which is included in the ESU;
and (3) removing ODFW stock numbers
from the names of the Big Creek
Hatchery Program, Sandy Hatchery
Program, and Bonneville/Cascade/
Oxbow Complex Hatchery Program.
Salmon, Coho (Oregon Coast ESU)
We propose to revise this description
to read: ‘‘Naturally spawned coho
salmon originating from coastal rivers
south of the Columbia River and north
of Cape Blanco. Also, coho salmon from
the Cow Creek Hatchery Program.’’ The
change proposed for this ESU is to
remove the ODFW stock number from
VerDate Sep<11>2014
17:22 Oct 20, 2016
Jkt 241001
the name of the Cow Creek Hatchery
Program.
Salmon, Coho (Southern Oregon/
Northern California Coast ESU)
We propose to revise this description
to read: ‘‘Naturally spawned coho
salmon originating from coastal streams
and rivers between Cape Blanco,
Oregon, and Punta Gorda, California.
Also, coho salmon from the following
artificial propagation programs: The
Cole Rivers Hatchery Program; Trinity
River Hatchery Program; and the Iron
Gate Hatchery Program.’’ The change
proposed for this ESU is to remove the
ODFW stock number from the name of
the Cole Rivers Hatchery Program.
Salmon, Sockeye (Ozette Lake ESU)
We propose to revise this description
to read: ‘‘Naturally spawned sockeye
salmon originating from the Ozette
River and Ozette Lake and its
tributaries. Also, sockeye salmon from
the Umbrella Creek/Big River Hatchery
Program.’’ The change proposed for this
ESU is to combine the Umbrella Creek
Hatchery Program and Big River
Hatchery Program, which are included
in the ESU, into one program called the
Umbrella Creek/Big River Hatchery
Program. This integrated program uses
broodstock from Umbrella Creek that
were derived from natural-origin fish
from Ozette Lake, and releases fish into
Umbrella Creek and Big River.
Steelhead (California Central Valley
DPS)
We propose to revise this description
to read: ‘‘Naturally spawned
anadromous O. mykiss (steelhead)
originating below natural and manmade
impassable barriers from the
Sacramento and San Joaquin Rivers and
their tributaries; excludes such fish
originating from San Francisco and San
Pablo Bays and their tributaries. This
DPS includes steelhead from the
following artificial propagation
programs: The Coleman National Fish
Hatchery Program; Feather River Fish
Hatchery Program; and the Mokelumne
River Hatchery Program.’’ The change
proposed for this DPS is to add the
Mokelumne River Hatchery Program
because fish in this program are
genetically most similar to Feather River
Fish Hatchery Program steelhead, which
are included in the DPS.
Steelhead (Central California Coast DPS)
We propose to revise this description
to read: ‘‘Naturally spawned
anadromous O. mykiss (steelhead)
originating below natural and manmade
impassable barriers from the Russian
River to and including Aptos Creek, and
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
72763
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
the following artificial propagation
programs: the Don Clausen Fish
Hatchery Program and the Kingfisher
Flat Hatchery Program (Monterey Bay
Salmon and Trout Project).’’ There are
no proposed changes in hatchery
programs included in this ESU. We
recommend minor changes in
terminology to standardize species
descriptions.
Steelhead (Lower Columbia River DPS)
We propose to revise this description
to read: ‘‘Naturally spawned
anadromous O. mykiss (steelhead)
originating below natural and manmade
impassable barriers from rivers between
the Cowlitz and Wind Rivers (inclusive)
and the Willamette and Hood Rivers
(inclusive); excludes such fish
originating from the upper Willamette
River basin above Willamette Falls. This
DPS includes steelhead from the
following 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;
Sandy Hatchery Late Winter-run
Program; Hood River Winter-run
Program; Lewis River Wild Late-run
Winter Steelhead Program; Upper
Cowlitz Wild Program; and the Tilton
River Wild Program.’’ The changes
proposed for this DPS include: (1)
Adding the recently initiated Upper
Cowlitz Wild Program because the
source for these fish is local, naturalorigin fish from the Upper Cowlitz
River, which is included in the DPS; (2)
adding the recently initiated Tilton
River Wild Program because the source
for these fish is local, natural-origin fish
from the Tilton River; and (3) removing
ODFW stock numbers from the names of
the Clackamas Hatchery Late Winter-run
Program, Sandy Hatchery Late Winterrun Program, and Hood River Winterrun Program.
Steelhead (Middle Columbia River DPS)
We propose to revise this description
to read: ‘‘Naturally spawned
anadromous O. mykiss (steelhead)
originating below natural and manmade
impassable barriers from the Columbia
River and its tributaries upstream of the
Wind and Hood Rivers (exclusive) to
and including the Yakima River;
excludes such fish originating from the
Snake River basin. This DPS includes
steelhead from the following artificial
propagation programs: The Touchet
River Endemic Program; Yakima River
E:\FR\FM\21OCP1.SGM
21OCP1
72764
Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Proposed Rules
Kelt Reconditioning Program (in Satus
Creek, Toppenish Creek, Naches River,
and Upper Yakima River); Umatilla
River Program; and the Deschutes River
Program. This DPS does not include
steelhead that are designated as part of
an experimental population.’’ The
change proposed for this DPS is to
remove ODFW stock numbers from the
names of the Umatilla River Program
and the Deschutes River Program.
mstockstill on DSK3G9T082PROD with PROPOSALS
Steelhead (Puget Sound DPS)
We propose to revise this description
to read: ‘‘Naturally spawned
anadromous O. mykiss (steelhead)
originating below natural and manmade
impassable barriers from rivers flowing
into Puget Sound from the Elwha River
(inclusive) eastward, including rivers in
Hood Canal, South Sound, North
Sound, and the Strait of Georgia. Also,
steelhead from the following 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;
Lower Elwha Fish Hatchery Wild
Steelhead Recovery Program; and the
Fish Restoration Facility Program.’’ The
change proposed for this DPS is to add
the new Fish Restoration Facility
Program because the source for these
fish is the local, natural-origin
population within the Duwamish/Green
River, which is included in the DPS.
Steelhead (Snake River Basin DPS)
We propose to revise this description
to read: ‘‘Naturally spawned
anadromous O. mykiss (steelhead)
originating below natural and manmade
impassable barriers from the Snake
River basin. Also, steelhead from the
following artificial propagation
programs: The Tucannon River Program;
Dworshak National Fish Hatchery
Program; Lolo Creek Program; North
Fork Clearwater Program; East Fork
Salmon River Natural Program; Little
Sheep Creek/Imnaha River Hatchery
Program; Little Salmon River (B-run)
Program; Squaw Creek Program; Yankee
Fork Program; Pahsimeroi River
Program; and the South Fork Clearwater
Hatchery Program.’’ The changes
proposed for this DPS include: (1)
Adding the Little Salmon River (B-run)
Program and three Upper Salmon River
(B-run) Programs (Squaw Creek
Program, Yankee Fork Program, and
Pahsimeroi River Program), because
these fish are B-run steelhead from the
Dworshak National Fish Hatchery
Program and North Fork Clearwater
Program, which are included in the
DPS; (2) adding the South Fork
VerDate Sep<11>2014
17:22 Oct 20, 2016
Jkt 241001
Clearwater Hatchery Program because
the source for these fish is the Dworshak
National Fish Hatchery Program and
North Fork Clearwater Program, which
are included in the DPS and, based on
the best available scientific information,
likely have similar life history and
genetics to the local, natural population
in the SF Clearwater River; and (3)
removing the ODFW stock number from
the name of the Little Sheep Creek/
Imnaha River Hatchery Program.
Steelhead (Upper Columbia River DPS)
We propose to revise this description
to read: ‘‘Naturally spawned
anadromous O. mykiss (steelhead)
originating below natural and manmade
impassable barriers from the Columbia
River and its tributaries upstream of the
Yakima River to the U.S.-Canada border.
Also, steelhead from the following
artificial propagation programs: The
Wenatchee River Program; Wells
Hatchery Program (in the Methow and
Okanogan Rivers); Winthrop National
Fish Hatchery Program; Ringold
Hatchery Program; and the Okanogan
River Program.’’ The change proposed
for this DPS is to update the name of the
Omak Creek Program, which is included
in the DPS, to the Okanogan River
Program.
References
Copies of previous Federal Register
notices and related reference materials
are available on the Internet at https://
www.westcoast.fisheries.noaa.gov/
publications/frn/federal_register_
notices.html, or upon request (see FOR
FURTHER INFORMATION CONTACT section).
Classification
Executive Order 12866, Regulatory
Flexibility Act, and Paperwork
Reduction Act
As noted in the Conference Report on
the 1982 amendments to the ESA,
economic impacts cannot be considered
when assessing the status of a species.
Therefore, the economic analysis
requirements of the Regulatory
Flexibility Act are not applicable to the
listing process. In addition, this
proposed rule is exempt from review
under Executive Order 12866. This
proposed rule does not contain a
collection of information requirement
for the purposes of the Paperwork
Reduction Act.
Federalism
In accordance with Executive Order
13132, we determined that this
proposed rule does not have significant
Federalism effects and that a Federalism
assessment is not required. In keeping
with the intent of the Administration
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
and Congress to provide continuing and
meaningful dialogue on issues of mutual
state and Federal interest, this proposed
rule will be shared with the relevant
state agencies.
National Environmental Policy Act of
1969 (NEPA)
The 1982 amendments to the ESA, in
section 4(b)(1)(A), restrict the
information that may be considered
when assessing species for listing. Based
on this limitation of criteria for a listing
decision and the opinion in Pacific
Legal Foundation v. Andrus, 657 F. 2d
829 (6th Cir. 1981), we have concluded
that NEPA does not apply to ESA listing
actions.
Government-to-Government
Relationship With Tribes
Executive Order 13084 requires that if
NMFS issues a regulation that
significantly or uniquely affects the
communities of Indian tribal
governments and imposes substantial
direct compliance costs on those
communities, NMFS must consult with
those governments or the Federal
government must provide the funds
necessary to pay the direct compliance
costs incurred by the tribal
governments. This proposed rule does
not impose substantial direct
compliance costs on Indian tribal
governments or communities.
Accordingly, the requirements of
section 3(b) of E.O. 13084 do not apply
to this final rule. Nonetheless, during
our 5-year review of salmon and
steelhead we solicited information from
the tribes, met with several tribal
governments and associated tribal
fisheries commissions, and provided the
opportunity for all interested tribes to
comment on the proposed changes to
the species’ status and descriptions and
discuss any concerns they may have.
We will continue to inform potentially
affected tribal governments, solicit their
input, and coordinate on future
management actions pertaining to the
listed species addressed in this
proposed rule.
List of Subjects
50 CFR Part 223
Endangered and threatened species,
Exports, Imports, Transportation.
50 CFR Part 224
Administrative practice and
procedure, Endangered and threatened
species, Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
E:\FR\FM\21OCP1.SGM
21OCP1
72765
Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Proposed Rules
1361 et seq.; 16 U.S.C. 5503(d) for
§ 223.206(d)(9).
Dated: October 17, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
2. In § 223.102, amend the table in
paragraph (e) by revising the entries for
‘‘Salmon, Chinook (Lower Columbia
River ESU);’’ ‘‘Salmon, Chinook (Puget
Sound ESU);’’ ‘‘Salmon, Chinook (Snake
River fall-run ESU);’’ ‘‘Salmon, Chinook
(Snake River spring/summer-run ESU);’’
‘‘Salmon, Chinook (Upper Willamette
River ESU);’’ ‘‘Salmon, chum (Columbia
River ESU);’’ ‘‘Salmon, chum (Hood
Canal summer-run ESU);’’ ‘‘Salmon,
coho (Lower Columbia River ESU);’’
‘‘Salmon, coho (Oregon Coast ESU);’’
‘‘Salmon, coho (Southern Oregon/
■
For the reasons set out in the
preamble, we propose to amend 50 CFR
parts 223 and 224 as follows:
PART 223—THREATENED MARINE
AND ANADROMOUS SPECIES
1. The authority citation for part 223
continues to read as follows:
■
Authority: 16 U.S.C. 1531–1543; subpart
B, § 223.201–202 also issued under 16 U.S.C.
Species 1
Common name
*
Scientific name
*
*
§ 223.102 Enumeration of threatened
marine and anadromous species.
*
*
*
*
*
(e) * * *
Citation(s)
for listing
determination(s)
Description of listed entity
*
Northern California Coast ESU);’’
‘‘Salmon, sockeye (Ozette Lake ESU);’’
‘‘Steelhead (California Central Valley
DPS);’’ ‘‘Steelhead (Central California
Coast DPS);’’ ‘‘Steelhead (Lower
Columbia River DPS);’’ ‘‘Steelhead
(Middle Columbia River DPS);’’
‘‘Steelhead (Puget Sound DPS);’’
‘‘Steelhead (Snake River Basin DPS);’’
and ‘‘Steelhead (Upper Columbia River
DPS)’’ to read as follows:
*
*
*
*
*
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 spawned Chinook salmon originating from the Rogue River Fall Chinook Program. This DPS does include Chinook salmon
from the following 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; Sandy River Hatchery Program;
Deep River Net Pens-Washougal Program;
Klaskanine Hatchery Program; Bonneville
Hatchery Program; and the Cathlamet Channel
Net Pens Program.
*
70 FR 37160, Jun
28, 2005.
Critical
habitat
ESA rules
*
FISHES
mstockstill on DSK3G9T082PROD with PROPOSALS
*
Salmon, Chinook
(Lower Columbia River ESU).
VerDate Sep<11>2014
*
Oncorhynchus
tshawytscha
18:18 Oct 20, 2016
Jkt 241001
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
E:\FR\FM\21OCP1.SGM
21OCP1
*
226.212
223.203
72766
Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Proposed Rules
Species 1
Common name
Scientific name
Oncorhynchus
tshawytscha.
Salmon, Chinook
(Snake River
fall-run ESU).
Oncorhynchus
tshawytscha.
Salmon, Chinook
(Snake River
spring/summerrun ESU).
Oncorhynchus
tshawytscha.
Salmon, Chinook
(Upper Willamette River
ESU).
Oncorhynchus
tshawytscha.
*
Salmon, chum
(Columbia
River ESU).
mstockstill on DSK3G9T082PROD with PROPOSALS
Salmon, Chinook
(Puget Sound
ESU).
*
Oncorhynchus
keta.
Salmon, chum
(Hood Canal
summer-run
ESU).
Oncorhynchus
keta.
VerDate Sep<11>2014
17:22 Oct 20, 2016
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 the following
artificial propagation programs: The Kendall Creek
Hatchery Program; Marblemount Hatchery Program
(spring subyearlings and summer-run); Brenner
Creek Hatchery Program (summer-run and fall-run);
Whitehorse Springs Pond Program; Wallace River
Hatchery Program (yearlings and subyearlings);
Issaquah Hatchery Program; White River Hatchery
Program; White Acclimation Pond Program; Voights
Creek Hatchery Program; Diru Creek Program;
Clear Creek Program; Kalama Creek Program;
George Adams Hatchery Program; Hamma Hamma
Hatchery Program; Dungeness/Hurd Creek Hatchery Program; Elwha Channel Hatchery Program;
Skookum Creek Hatchery Spring-run Program; Bernie Kai-Kai Gobin (Tulalip) Hatchery-Cascade Program; North Fork Skokomish River Spring-run Program; the Soos Creek Hatchery Program (subyearlings and yearlings); the Fish Restoration Facility
Program; the Bernie Kai-Kai Gobin (Tulalip) Hatchery-Skykomish Program; and the Hupp Springs
Hatchery-Adult Returns to Minter Creek 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 the following artificial propagation programs: The Lyons Ferry Hatchery Program; Fall
Chinook Acclimation Ponds Program; Nez Perce
Tribal Hatchery Program; and the Idaho Power 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 the following artificial propagation programs: The Tucannon River
Program; Lostine River Program; Catherine Creek
Program; Lookingglass Hatchery Program; Upper
Grande Ronde Program; Imnaha River Program;
McCall Hatchery Program; Johnson Creek Artificial
Propagation Enhancement Program; Pahsimeroi
Hatchery Program; Sawtooth Hatchery Program;
Yankee Fork Program; Dollar Creek Program; Panther Creek Program; and the Big Sheep CreekAdult outplanting from Imnaha 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 the following artificial propagation programs: The
McKenzie River Hatchery Program; Willamette
Hatchery Program; Clackamas Hatchery Program;
North Santiam River Program; South Santiam River
Program; and the Mollala River Program.
*
*
*
Naturally spawned chum salmon originating from the
Columbia River and its tributaries in Washington
and Oregon. Also, chum salmon from the following
artificial propagation programs: The Grays River
Program; Washougal River Hatchery/Duncan Creek
Program; and the Big Creek Hatchery Program.
Naturally spawned summer-run chum salmon originating from Hood Canal and its tributaries as well
as from Olympic Peninsula rivers between Hood
Canal and Dungeness Bay (inclusive). Also, summer-run chum salmon from the following artificial
propagation programs: the Lilliwaup Creek Fish
Hatchery Program; and the Tahuya River Program.
Jkt 241001
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
Critical
habitat
ESA rules
70 FR 37160, Jun
28, 2005.
226.212
223.203
70 FR 37160, Jun
28, 2005.
226.205
223.203
70 FR 37160, Jun
28, 2005.
226.205
223.203
70 FR 37160, Jun
28, 2005.
226.212
223.203
*
70 FR 37160, Jun
28, 2005.
226.212
223.203
70 FR 37160, Jun
28, 2005.
226.212
223.203
E:\FR\FM\21OCP1.SGM
21OCP1
*
72767
Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Proposed Rules
Species 1
Common name
Scientific name
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).
*
Oncorhynchus
mykiss.
Steelhead (Central California
Coast DPS).
Oncorhynchus
mykiss.
Steelhead (Lower
Columbia River
DPS).
mstockstill on DSK3G9T082PROD with PROPOSALS
Salmon, coho
(Lower Columbia River ESU).
Oncorhynchus
mykiss.
VerDate Sep<11>2014
17:22 Oct 20, 2016
Citation(s)
for listing
determination(s)
Description of listed entity
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 the following artificial propagation programs: The Grays River Program; Peterson Coho Project; Big Creek Hatchery Program;
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;
Bonneville/Cascade/Oxbow
Complex Hatchery Program; Clatsop County Fisheries Net Pen Program; and the Clatsop County
Fisheries/Klaskanine Hatchery Program.
Naturally spawned coho salmon originating from
coastal rivers south of the Columbia River and
north of Cape Blanco. Also, coho salmon from the
Cow Creek Hatchery Program.
Naturally spawned coho salmon originating from
coastal streams and rivers between Cape Blanco,
Oregon, and Punta Gorda, California. Also, coho
salmon from the following artificial propagation programs: The Cole Rivers Hatchery Program; 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 the Umbrella
Creek/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 includes steelhead from
the following artificial propagation programs: The
Coleman National Fish Hatchery Program; Feather
River Fish Hatchery Program; and the Mokelumne
River Hatchery Program.
Naturally spawned anadromous O. mykiss (steelhead)
originating below natural and manmade impassable
barriers from the Russian River to and including
Aptos Creek, and all drainages of San Francisco
and San Pablo Bays eastward to Chipps Island at
the confluence of the Sacramento and San Joaquin
Rivers. Also, steelhead from the following 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 includes steelhead from the following 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; Sandy Hatchery Late Winter-run
Program; Hood River Winter-run Program; Lewis
River Wild Late-run Winter Steelhead Program;
Upper Cowlitz Wild Program; and the Tilton River
Wild Program.
Jkt 241001
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
Critical
habitat
ESA rules
70 FR 37160, Jun
28, 2005.
226.212
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
71 FR 834, Jan 5,
2006.
226.211
223.203
71 FR 834, Jan 5,
2006.
226.212
223.203
E:\FR\FM\21OCP1.SGM
21OCP1
*
72768
Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Proposed Rules
Species 1
Common name
Scientific name
Citation(s)
for listing
determination(s)
Description of listed entity
Critical
habitat
ESA rules
Steelhead (Middle Columbia
River DPS).
Oncorhynchus
mykiss.
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 includes steelhead from the following 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; and the Deschutes River Program. This
DPS does not include steelhead that are designated as part of an experimental population.
71 FR 834, Jan 5,
2006.
226.212
*
Steelhead (Puget
Sound DPS).
*
Oncorhynchus
mykiss.
*
72 FR 26722, May
11, 2007.
226.212
223.203
Steelhead
(Snake River
Basin DPS).
Oncorhynchus
mykiss.
*
*
*
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 the following 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;
Lower Elwha Fish Hatchery Wild Steelhead Recovery Program; and the Fish Restoration Facility Program.
Naturally spawned anadromous O. mykiss (steelhead)
originating below natural and manmade impassable
barriers from the Snake River basin. Also,
steelhead from the following artificial propagation
programs: The Tucannon River Program; Dworshak
National Fish Hatchery Program; Lolo Creek Program; North Fork Clearwater Program; East Fork
Salmon River Natural Program; Little Sheep Creek/
Imnaha River Hatchery Program; Little Salmon
River (B-run) Program; Squaw Creek Program;
Yankee Fork Program; Pahsimeroi River Program;
and the South Fork Clearwater Hatchery Program.
71 FR 834, Jan 5,
2006.
226.212
223.203
*
Steelhead (Upper
Columbia River
DPS).
*
Oncorhynchus
mykiss.
*
71 FR 834, Jan 5,
2006.
226.212
*
*
*
*
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 the following artificial
propagation programs: The Wenatchee River Program; Wells Hatchery Program (in the Methow and
Okanogan Rivers); Winthrop National Fish Hatchery
Program; Ringold Hatchery Program; and the
Okanogan River Program.
*
*
*
*
223.203
*
*
*
223.203
*
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).
*
*
*
*
Authority: 16 U.S.C. 1531–1543 and 16
U.S.C. 1361 et seq.
*
PART 224—ENDANGERED MARINE
AND ANADROMOUS SPECIES
3. The authority citation for part 224
continues to read as follows:
mstockstill on DSK3G9T082PROD with PROPOSALS
■
VerDate Sep<11>2014
17:22 Oct 20, 2016
Jkt 241001
Chinook (Upper Columbia River springrun ESU)’’ to read as follows:
4. In § 224.101, amend the table in
paragraph (h) by revising the entries for
‘‘Salmon, Chinook (Sacramento River
winter-run ESU)’’ and ‘‘Salmon,
§ 224.101 Enumeration of endangered
marine and anadromous species.
■
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
*
*
*
(h) * * *
E:\FR\FM\21OCP1.SGM
21OCP1
*
*
72769
Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Proposed Rules
Species 1
Common name
Scientific name
*
Citation(s)
for listing
determination(s)
Description of listed entity
*
*
*
*
Critical
habitat
*
ESA rules
*
FISHES
*
Salmon, Chinook
(Sacramento
River winterrun ESU).
*
Oncorhynchus
tshawytscha.
Salmon, Chinook
(Upper Columbia River
spring-run
ESU).
Oncorhynchus
tshawytscha.
Salmon, coho
(Central California Coast
ESU).
Oncorhynchus
kisutch.
Salmon, sockeye
(Snake River
ESU).
Oncorhynchus
nerka.
*
*
*
*
Naturally spawned winter-run Chinook salmon originating from the Sacramento River and its tributaries. Also, winter-run Chinook salmon from the following artificial propagation programs: The Livingston Stone National Fish Hatchery (supplementation
and captive broodstock).
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
the following artificial propagation programs: The
Twisp River Program; Methow Program; Winthrop
National Fish Hatchery Program; Chiwawa River
Program; White River Program; and the Nason
Creek 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 the following artificial propagation
programs: The Don Clausen Fish Hatchery Captive
Broodstock Program; the Scott Creek/King Fisher
Flats Conservation Program; and the Scott Creek
Captive Broodstock Program.
Naturally spawned anadromous and residual sockeye
salmon originating from the Snake River basin.
Also, sockeye salmon from the Redfish Lake Captive Broodstock Program.
*
*
*
*
70 FR 37160, June
28, 2005.
226.204
NA
70 FR 37160, June
28, 2005.
226.212
NA
70 FR 37160, June
28, 2005; 77 FR
19552, Apr 2, 2012.
226.210
NA
70 FR 37160, June
28, 2005.
226.205
NA
*
*
1 Species
*
*
includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7,
1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991).
*
*
*
*
*
[FR Doc. 2016–25438 Filed 10–20–16; 8:45 am]
mstockstill on DSK3G9T082PROD with PROPOSALS
BILLING CODE 3510–22–P
VerDate Sep<11>2014
17:22 Oct 20, 2016
Jkt 241001
PO 00000
Frm 00028
Fmt 4702
Sfmt 9990
E:\FR\FM\21OCP1.SGM
21OCP1
]]>Agencies
[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Proposed Rules]
[Pages 72759-72769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25438]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 223 and 224
[Docket No. 160809713-6909-01]
RIN 0648-XE804
Revisions to Hatchery Programs Included as Part of Pacific Salmon
and Steelhead Species Listed Under the Endangered Species Act
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We, NMFS, announce proposed revisions to the Code of Federal
Regulations (CFR) to update the descriptions of Pacific salmon and
steelhead (Oncorhynchus spp.) species currently listed as threatened or
endangered under the Endangered Species Act of 1973 (ESA). Revisions
include the addition or removal of specific hatchery programs, as well
as clarifying changes to the names of specific hatchery programs
included as part of the listings of certain Pacific salmon and
steelhead species. These proposed changes are informed by our recently
completed 5-year reviews under ESA. We do not propose to change the
ESA-listing status of any species under NMFS' jurisdiction, or modify
any critical habitat designation.
[[Page 72760]]
DATES: Comments and information regarding the proposed revisions must
be received by December 20, 2016.
ADDRESSES: You may submit comments, information, or data, identified by
the code NOAA-NMFS-2016-0110 by either of the following methods:
Electronic Submissions: Submit all electronic comments via
the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0110. Click the ``Comment Now'' icon,
complete the required fields, and enter or attach your comments.
Mail: Send comments, identified with ``Proposed Changes to
Listed Salmon and Steelhead Hatchery Programs'' to Chris Yates,
Assistant Regional Administrator, Protected Resources Division, NMFS,
West Coast Regional Office, Attn: Claire McGrath, 1201 NE. Lloyd Blvd.,
Suite 1100, Portland, OR 97232.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. We will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT: Claire McGrath, NMFS, West Coast
Region, Protected Resources Division, at the above address, by phone at
(503) 230-5433, or by email at claire.mcgrath@noaa.gov. You may also
contact Maggie Miller, NMFS, Office of Protected Resources, (301) 427-
8403. Copies of the documents supporting this proposed rule can be
found on our West Coast Region Web site at:
www.westcoast.fisheries.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 4 of the ESA provides for both NMFS and the U.S. Fish and
Wildlife Service (FWS) to make determinations as to the endangered or
threatened status of ``species'' in response to petitions or on their
own initiative. In accordance with the ESA, we (NMFS) make
determinations as to the threatened or endangered status of species by
regulation. These regulations provide the text for each species'
listing and include the content required by the ESA section 4(c)(1). We
enumerate and maintain a list of species under our jurisdiction which
we have determined to be threatened or endangered at 50 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.
The ESA requires regular review of listed species to determine
whether a species should be delisted, reclassified, or retain its
current classification (16 U.S.C. 1533(c)(2)). Recently, we completed a
5-year review of the status of ESA-listed salmon ESUs and steelhead
DPSs in California, Oregon, Idaho, and Washington (81 FR 33468, May 26,
2016). As part of the 5-year review, we reviewed the classification of
all West Coast salmonid hatchery programs, taking into consideration
the origin for each hatchery stock, the location of release of hatchery
fish, and the degree of known or inferred genetic divergence between
the hatchery stock and the local natural population(s). We used
criteria in NMFS' 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) to
guide our review. 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.
In a NMFS internal memorandum, Jones (2015) summarizes the results
of our most recent hatchery program review. We identified 28 hatchery
programs for which we recommend a change in classification, i.e.,
adding the program to or removing it from an ESU/DPS. We propose to
remove 5 hatchery programs because they have been terminated and the
last cohort of adult hatchery-origin fish has returned. We propose to
add 23 hatchery programs to the relevant listed ESU/DPS because our 5-
year review and hatchery program evaluation (Jones 2015) concluded that
the program exhibits a level of genetic divergence relative to the
local natural population(s) that is not more than what occurs within
the ESU/DPS. Consistent with the Hatchery Listing Policy, such programs
should be included and listed as part of the ESU/DPS. The reader is
referred to the 5-year review reports and Jones (2015) for a more
detailed explanation of the proposed changes summarized below.
We identified 26 hatchery programs for which we propose a name
change. These name changes reflect an effort to standardize conventions
for naming hatchery programs (e.g., we recommend removing Oregon
Department of Fish and Wildlife (ODFW) hatchery stock identification
numbers from hatchery program names) or otherwise clarify the specific
hatchery program that is included in a listing. In addition, we
recommend minor changes in terminology used to describe three ESU/DPSs
for which there are no other proposed revisions in order to standardize
species descriptions. We summarize the proposed revisions below and
provide the full text of proposed updates to the listed species'
descriptions at 50 CFR parts 223 and 224 in the regulatory text at the
end of this Federal Register notice. After considering public comments
on these proposed revisions, we will finalize this proposed rule and
then coordinate with the FWS to ensure that the changes are reflected
in the FWS Lists at 50 CFR 17.11.
Endangered Species at 50 CFR 224.101
Revisions to Endangered Species Descriptions
Below we summarize proposed revisions to the descriptions of our
endangered species listed in 50 CFR 224.101. Based on our recently
completed 5-year reviews of the status of ESA-listed salmon ESUs and
steelhead DPSs in California, Oregon, Idaho, and Washington, and our
evaluation of West Coast salmon and steelhead hatchery programs in
Jones (2015) (see https://www.westcoast.fisheries.noaa.gov/publications/status_reviews/salmon_steelhead/2016_status_review.html for these
supporting documents), the description of two endangered species must
be revised to account for changes in the classification
[[Page 72761]]
of specific artificial propagation programs considered part of the
respective ESUs. The addition or termination of an artificial
propagation program does not constitute a listing or delisting of an
ESU, but simply a revision to reflect the actual current composition of
the listed ESU. We also propose minor changes in the description
terminology of two other endangered species to standardize species
descriptions.
Salmon, Chinook (Sacramento River Winter-Run ESU)
We propose to revise this description to read: ``Naturally spawned
winter-run Chinook salmon originating from the Sacramento River and its
tributaries. Also, winter-run Chinook salmon from the following
artificial propagation programs: The Livingston Stone National Fish
Hatchery (supplementation and captive broodstock).'' The change
proposed for this DPS is to add the captive broodstock component of the
Livingston Stone National Fish Hatchery Program, which was restarted in
2015 after being implemented from 1991 to 2007 and then discontinued.
The source of fish for both the captive broodstock and supplementation
programs is local, natural-origin winter Chinook salmon in the upper
Sacramento River.
Salmon, Chinook (Upper Columbia River Spring-Run ESU)
We propose to revise this description to read: ``Naturally spawned
spring-run Chinook salmon originating from Columbia River tributaries
upstream of the Rock Island Dam and downstream of Chief Joseph Dam
(excluding the Okanogan River subbasin). Also, spring-run Chinook
salmon from the following artificial propagation programs: The Twisp
River Program; Methow Program; Winthrop National Fish Hatchery Program;
Chiwawa River Program; White River Program; and the Nason Creek
Program.'' The changes proposed for this ESU include: (1) Removing the
Chewuch River Program as an artificial propagation program included in
this ESU because it is now considered part of the Methow Program; and
(2) adding the new Nason Creek Program because the source for these
fish is local, natural-origin fish from Nason Creek.
Salmon, Coho (Central California Coast ESU)
We propose to revise this description to read: ``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 the
following 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.''
There are no proposed changes in hatchery programs included in this
ESU. We recommend minor changes in terminology to standardize species
descriptions.
Salmon, Sockeye (Snake River ESU)
We propose to revise this description to read: ``Naturally spawned
anadromous and residual sockeye salmon originating from the Snake River
basin. Also, sockeye salmon from the Redfish Lake Captive Broodstock
Program.'' There are no proposed changes in hatchery programs included
in this ESU. We recommend minor changes in terminology to standardize
species descriptions.
Threatened Species at 50 CFR 223.102
Revisions to Threatened Species Descriptions
Below we summarize proposed revisions to the descriptions of
threatened species listed in 50 CFR 223.102. Based on our recently
completed 5-year reviews of the status of ESA-listed salmon ESUs and
steelhead DPSs in California, Oregon, Idaho, and Washington (see https://www.westcoast.fisheries.noaa.gov/publications/status_reviews/salmon_steelhead/2016_status_review.html for status review documents),
the descriptions of 17 threatened species must be revised to account
for changes in the classification or name of specific artificial
propagation programs associated with that ESU or DPS. The addition or
termination of these artificial propagation programs does not
constitute a listing or delisting of an ESU or DPS, but simply a
revision to the composition of the listed ESU or DPS. We also propose
minor changes in the description terminology of one other threatened
species to standardize species descriptions.
Salmon, Chinook (Lower Columbia River ESU)
We propose to revise this description to read: ``Naturally spawned
Chinook salmon originating from the Columbia River and its tributaries
downstream of a transitional point east of the Hood and White Salmon
Rivers, and any such fish originating from the Willamette River and its
tributaries below Willamette Falls. Not included in this 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 spawned Chinook salmon originating from the Rogue
River Fall Chinook Program. This DPS does include Chinook salmon from
the following 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; Sandy River Hatchery Program; Deep River
Net Pens-Washougal Program; Klaskanine Hatchery Program; Bonneville
Hatchery Program; and the Cathlamet Channel Net Pens Program.'' The
changes proposed for this ESU include: (1) Adding the Deep River Net
Pens-Washougal Program because these fish are returning hatchery-origin
adults from the Washougal River Tule Chinook Program, which is included
in the ESU; (2) adding the Klaskanine Hatchery Program because the
source for these fish is the Big Creek Tule Chinook Program, which is
included in the ESU; (3) adding the Bonneville Hatchery Program because
the source for these fish is the Spring Creek NFH Tule Chinook Program,
which is included in the ESU; and (4) adding the Cathlamet Channel Net
Pens Program, because the source for these fish is the Cowlitz Spring
Chinook Program in the Upper Cowlitz River, which is included in the
ESU. Jones (2015) concluded that, given the within-ESU source of
broodstock for these hatchery programs, 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. Consistent with the Hatchery
Listing Policy, Jones (2015)
[[Page 72762]]
recommended that these hatchery programs be proposed for inclusion as
part of the Lower Columbia River Chinook ESU.
Salmon, Chinook (Puget Sound ESU)
We propose to revise this description to read: ``Naturally spawned
Chinook salmon originating from rivers flowing into Puget Sound from
the Elwha River (inclusive) eastward, including rivers in Hood Canal,
South Sound, North Sound and the Strait of Georgia. Also, Chinook
salmon from the following artificial propagation programs: the Kendall
Creek Hatchery Program; Marblemount Hatchery Program (spring
subyearlings and summer-run); Brenner Creek Hatchery Program (summer-
run and fall-run); Whitehorse Springs Pond Program; Wallace River
Hatchery Program (yearlings and subyearlings); Issaquah Hatchery
Program; White River Hatchery Program; White Acclimation Pond Program;
Voights Creek Hatchery Program; Diru Creek Program; Clear Creek
Program; Kalama Creek Program; George Adams Hatchery Program; Hamma
Hatchery Program; Dungeness/Hurd Creek Hatchery Program; Elwha Channel
Hatchery Program; Skookum Creek Hatchery Spring-run Program; Bernie
Kai-Kai Gobin (Tulalip) Hatchery-Cascade Program; North Fork Skokomish
River Spring-run Program; the Soos Creek Hatchery Program (subyearlings
and yearlings); the Fish Restoration Facility Program; the Bernie Kai-
Kai Gobin (Tulalip) Hatchery-Skykomish Program; and the Hupp Springs
Hatchery-Adult Returns to Minter Creek Program.'' The changes proposed
for this ESU include: (1) Removing the Icy Creek Hatchery Program as an
artificial propagation program included in this ESU because it is now
considered part of the Soos Creek Program; (2) adding the Bernie Kai-
Kai Gobin (Tulalip) Hatchery-Cascade Program because the source for
these fish is the Marblemount Hatchery Program (spring subyearlings),
which is included in the ESU; (3) adding the new North Fork Skokomish
River Spring-run Program because the source for these fish is the
Marblemount Hatchery Program (spring subyearlings), which is included
in the ESU; (4) removing the Rick's Pond Hatchery Program, a terminated
program for which all hatchery-origin adults have returned; (5)
updating the name of the Soos Creek Hatchery Program, which is included
in the ESU, to the Soos Creek Hatchery Program (subyearlings and
yearlings); (6) updating the name of the Keta Creek Hatchery Program,
which is included in the ESU, to the Fish Restoration Facility Program;
(7) updating the name of the Tulalip Bay Program, which is included in
the ESU, to the Bernie Kai-Kai Gobin (Tulalip) Hatchery-Skykomish
Program; (8) updating the name of the Hupp Springs Hatchery Program,
which is included in the ESU, to the Hupp Springs Hatchery-Adult
Returns to Minter Creek Program; and (9) updating the name of the
Harvey Creek Hatchery Program, which is included in the ESU, to the
Brenner Creek Hatchery Program.
Salmon, Chinook (Snake River Fall-Run ESU)
We propose to revise this description to read: ``Naturally spawned
fall-run Chinook salmon originating from the mainstem Snake River below
Hells Canyon Dam and from the Tucannon River, Grande Ronde River,
Imnaha River, Salmon River, and Clearwater River subbasins. Also, fall-
run Chinook salmon from the following artificial propagation programs:
the Lyons Ferry Hatchery Program; Fall Chinook Acclimation Ponds
Program; Nez Perce Tribal Hatchery Program; and the Idaho Power
Program.'' The change proposed for this ESU is to update the name of
the Oxbow Hatchery Program, which is included in the ESU, to the Idaho
Power Program.
Salmon, Chinook (Snake River Spring/Summer-Run ESU)
We propose to revise this description to read: ``Naturally spawned
spring/summer-run Chinook salmon originating from the mainstem Snake
River and the Tucannon River, Grande Ronde River, Imnaha River, and
Salmon River subbasins. Also, spring/summer-run Chinook salmon from the
following artificial propagation programs: The Tucannon River Program;
Lostine River Program; Catherine Creek Program; Lookingglass Hatchery
Program; Upper Grande Ronde Program; Imnaha River Program; McCall
Hatchery Program; Johnson Creek Artificial Propagation Enhancement
Program; Pahsimeroi Hatchery Program; Sawtooth Hatchery Program; Yankee
Fork Program; Dollar Creek Program; Panther Creek Program; and the Big
Sheep Creek-Adult outplanting from Imnaha Program.'' The changes
proposed for this ESU include: (1) Adding the Yankee Fork Program
because the source for these fish is the Sawtooth Hatchery Program,
which are included in the ESU; (2) adding the Dollar Creek Program
because the source for these fish is the McCall Hatchery Program, which
is included in the ESU; (3) adding the Panther Creek Program because
the source for these fish is the Pahsimeroi Hatchery Program, which is
included in the ESU; and (4) updating the name of the Big Sheep Creek
Program, which is included in the ESU, to the Big Sheep Creek-Adult
outplanting from Imnaha Program.
Salmon, Chinook (Upper Willamette River ESU)
We propose to revise this description to read: ``Naturally spawned
spring-run Chinook salmon originating from the Clackamas River and from
the Willamette River and its tributaries above Willamette Falls. Also,
spring-run Chinook salmon from the following artificial propagation
programs: The McKenzie River Hatchery Program; Willamette Hatchery
Program; Clackamas Hatchery Program; North Santiam River Program; South
Santiam River Program; and the Mollala River Program.'' The changes
proposed for this ESU include: (1) Updating the name of the Marion
Forks Hatchery/North Fork Santiam Hatchery Program (ODFW Stock #21),
which is included in the ESU, to the North Santiam River Program; (2)
separating the South Santiam Hatchery Program (ODFW Stock #24) in the
South Fork Santiam River and Mollala River, which is included in the
ESU, into two programs named the South Santiam River Program and the
Mollala River Program; and (3) removing Oregon Department of Fish and
Wildlife (ODFW) stock numbers from the names of the McKenzie River
Hatchery Program, Willamette Hatchery Program, and Clackamas Hatchery
Program.
Salmon, Chum (Columbia River ESU)
We propose to revise this description to read: ``Naturally spawned
chum salmon originating from the Columbia River and its tributaries in
Washington and Oregon. Also, chum salmon from the following artificial
propagation programs: The Grays River Program; Washougal River
Hatchery/Duncan Creek Program; and the Big Creek Hatchery Program.''
The change proposed for this ESU is to add the new Big Creek Hatchery
Program because the source for these fish is local, natural-origin fish
from the Grays River, which is included in the ESU.
Salmon, Chum (Hood Canal Summer-Run ESU)
We propose to revise this description to read: ``Naturally spawned
summer-run chum salmon originating from Hood Canal and its tributaries
as well as from Olympic Peninsula Rivers between Hood Canal and
Dungeness Bay (inclusive). Also, summer-run chum salmon from the
following artificial propagation programs: The Lilliwaup Creek Fish
Hatchery Program; and the
[[Page 72763]]
Tahuya River Program.'' The changes proposed for this ESU include
removing two terminated programs for which all hatchery-origin adults
have returned: (1) The Hamma Fish Hatchery Program; and (2) the
Jimmycomelately Creek Fish Hatchery Program.
Salmon, Coho (Lower Columbia River ESU)
We propose to revise this description to read: ``Naturally spawned
coho salmon originating from the Columbia River and its tributaries
downstream from the Big White Salmon and Hood Rivers (inclusive) and
any such fish originating from the Willamette River and its tributaries
below Willamette Falls. Also, coho salmon from the following artificial
propagation programs: The Grays River Program; Peterson Coho Project;
Big Creek Hatchery Program; 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; Bonneville/
Cascade/Oxbow Complex Hatchery Program; Clatsop County Fisheries Net
Pen Program; and the Clatsop County Fisheries/Klaskanine Hatchery
Program.'' The changes proposed for this ESU include: (1) Adding the
Clatsop County Fisheries Net Pen Program because the broodstock origin
is Tanner Creek, which is included in the ESU; (2) adding the Clatsop
County Fisheries/Klaskanine Hatchery Program because the source for
these fish is the Big Creek Hatchery Program, which is included in the
ESU; and (3) removing ODFW stock numbers from the names of the Big
Creek Hatchery Program, Sandy Hatchery Program, and Bonneville/Cascade/
Oxbow Complex Hatchery Program.
Salmon, Coho (Oregon Coast ESU)
We propose to revise this description to read: ``Naturally spawned
coho salmon originating from coastal rivers south of the Columbia River
and north of Cape Blanco. Also, coho salmon from the Cow Creek Hatchery
Program.'' The change proposed for this ESU is to remove the ODFW stock
number from the name of the Cow Creek Hatchery Program.
Salmon, Coho (Southern Oregon/Northern California Coast ESU)
We propose to revise this description to read: ``Naturally spawned
coho salmon originating from coastal streams and rivers between Cape
Blanco, Oregon, and Punta Gorda, California. Also, coho salmon from the
following artificial propagation programs: The Cole Rivers Hatchery
Program; Trinity River Hatchery Program; and the Iron Gate Hatchery
Program.'' The change proposed for this ESU is to remove the ODFW stock
number from the name of the Cole Rivers Hatchery Program.
Salmon, Sockeye (Ozette Lake ESU)
We propose to revise this description to read: ``Naturally spawned
sockeye salmon originating from the Ozette River and Ozette Lake and
its tributaries. Also, sockeye salmon from the Umbrella Creek/Big River
Hatchery Program.'' The change proposed for this ESU is to combine the
Umbrella Creek Hatchery Program and Big River Hatchery Program, which
are included in the ESU, into one program called the Umbrella Creek/Big
River Hatchery Program. This integrated program uses broodstock from
Umbrella Creek that were derived from natural-origin fish from Ozette
Lake, and releases fish into Umbrella Creek and Big River.
Steelhead (California Central Valley DPS)
We propose to revise this description to read: ``Naturally spawned
anadromous O. mykiss (steelhead) originating below natural and manmade
impassable barriers from the Sacramento and San Joaquin Rivers and
their tributaries; excludes such fish originating from San Francisco
and San Pablo Bays and their tributaries. This DPS includes steelhead
from the following artificial propagation programs: The Coleman
National Fish Hatchery Program; Feather River Fish Hatchery Program;
and the Mokelumne River Hatchery Program.'' The change proposed for
this DPS is to add the Mokelumne River Hatchery Program because fish in
this program are genetically most similar to Feather River Fish
Hatchery Program steelhead, which are included in the DPS.
Steelhead (Central California Coast DPS)
We propose to revise this description to read: ``Naturally spawned
anadromous O. mykiss (steelhead) originating below natural and manmade
impassable barriers from the Russian River to and including Aptos
Creek, and all drainages of San Francisco and San Pablo Bays eastward
to Chipps Island at the confluence of the Sacramento and San Joaquin
Rivers. Also, steelhead from the following artificial propagation
programs: the Don Clausen Fish Hatchery Program and the Kingfisher Flat
Hatchery Program (Monterey Bay Salmon and Trout Project).'' There are
no proposed changes in hatchery programs included in this ESU. We
recommend minor changes in terminology to standardize species
descriptions.
Steelhead (Lower Columbia River DPS)
We propose to revise this description to read: ``Naturally spawned
anadromous O. mykiss (steelhead) originating below natural and manmade
impassable barriers from rivers between the Cowlitz and Wind Rivers
(inclusive) and the Willamette and Hood Rivers (inclusive); excludes
such fish originating from the upper Willamette River basin above
Willamette Falls. This DPS includes steelhead from the following
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; Sandy
Hatchery Late Winter-run Program; Hood River Winter-run Program; Lewis
River Wild Late-run Winter Steelhead Program; Upper Cowlitz Wild
Program; and the Tilton River Wild Program.'' The changes proposed for
this DPS include: (1) Adding the recently initiated Upper Cowlitz Wild
Program because the source for these fish is local, natural-origin fish
from the Upper Cowlitz River, which is included in the DPS; (2) adding
the recently initiated Tilton River Wild Program because the source for
these fish is local, natural-origin fish from the Tilton River; and (3)
removing ODFW stock numbers from the names of the Clackamas Hatchery
Late Winter-run Program, Sandy Hatchery Late Winter-run Program, and
Hood River Winter-run Program.
Steelhead (Middle Columbia River DPS)
We propose to revise this description to read: ``Naturally spawned
anadromous O. mykiss (steelhead) originating below natural and manmade
impassable barriers from the Columbia River and its tributaries
upstream of the Wind and Hood Rivers (exclusive) to and including the
Yakima River; excludes such fish originating from the Snake River
basin. This DPS includes steelhead from the following artificial
propagation programs: The Touchet River Endemic Program; Yakima River
[[Page 72764]]
Kelt Reconditioning Program (in Satus Creek, Toppenish Creek, Naches
River, and Upper Yakima River); Umatilla River Program; and the
Deschutes River Program. This DPS does not include steelhead that are
designated as part of an experimental population.'' The change proposed
for this DPS is to remove ODFW stock numbers from the names of the
Umatilla River Program and the Deschutes River Program.
Steelhead (Puget Sound DPS)
We propose to revise this description to read: ``Naturally spawned
anadromous O. mykiss (steelhead) originating below natural and manmade
impassable barriers from rivers flowing into Puget Sound from the Elwha
River (inclusive) eastward, including rivers in Hood Canal, South
Sound, North Sound, and the Strait of Georgia. Also, steelhead from the
following 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; Lower Elwha Fish Hatchery Wild
Steelhead Recovery Program; and the Fish Restoration Facility
Program.'' The change proposed for this DPS is to add the new Fish
Restoration Facility Program because the source for these fish is the
local, natural-origin population within the Duwamish/Green River, which
is included in the DPS.
Steelhead (Snake River Basin DPS)
We propose to revise this description to read: ``Naturally spawned
anadromous O. mykiss (steelhead) originating below natural and manmade
impassable barriers from the Snake River basin. Also, steelhead from
the following artificial propagation programs: The Tucannon River
Program; Dworshak National Fish Hatchery Program; Lolo Creek Program;
North Fork Clearwater Program; East Fork Salmon River Natural Program;
Little Sheep Creek/Imnaha River Hatchery Program; Little Salmon River
(B-run) Program; Squaw Creek Program; Yankee Fork Program; Pahsimeroi
River Program; and the South Fork Clearwater Hatchery Program.'' The
changes proposed for this DPS include: (1) Adding the Little Salmon
River (B-run) Program and three Upper Salmon River (B-run) Programs
(Squaw Creek Program, Yankee Fork Program, and Pahsimeroi River
Program), because these fish are B-run steelhead from the Dworshak
National Fish Hatchery Program and North Fork Clearwater Program, which
are included in the DPS; (2) adding the South Fork Clearwater Hatchery
Program because the source for these fish is the Dworshak National Fish
Hatchery Program and North Fork Clearwater Program, which are included
in the DPS and, based on the best available scientific information,
likely have similar life history and genetics to the local, natural
population in the SF Clearwater River; and (3) removing the ODFW stock
number from the name of the Little Sheep Creek/Imnaha River Hatchery
Program.
Steelhead (Upper Columbia River DPS)
We propose to revise this description to read: ``Naturally spawned
anadromous O. mykiss (steelhead) originating below natural and manmade
impassable barriers from the Columbia River and its tributaries
upstream of the Yakima River to the U.S.-Canada border. Also, steelhead
from the following artificial propagation programs: The Wenatchee River
Program; Wells Hatchery Program (in the Methow and Okanogan Rivers);
Winthrop National Fish Hatchery Program; Ringold Hatchery Program; and
the Okanogan River Program.'' The change proposed for this DPS is to
update the name of the Omak Creek Program, which is included in the
DPS, to the Okanogan River Program.
References
Copies of previous Federal Register notices and related reference
materials are available on the Internet at https://www.westcoast.fisheries.noaa.gov/publications/frn/federal_register_notices.html, or upon request (see FOR FURTHER
INFORMATION CONTACT section).
Classification
Executive Order 12866, Regulatory Flexibility Act, and Paperwork
Reduction Act
As noted in the Conference Report on the 1982 amendments to the
ESA, economic impacts cannot be considered when assessing the status of
a species. Therefore, the economic analysis requirements of the
Regulatory Flexibility Act are not applicable to the listing process.
In addition, this proposed rule is exempt from review under Executive
Order 12866. This proposed rule does not contain a collection of
information requirement for the purposes of the Paperwork Reduction
Act.
Federalism
In accordance with Executive Order 13132, we determined that this
proposed rule does not have significant Federalism effects and that a
Federalism assessment is not required. In keeping with the intent of
the Administration and Congress to provide continuing and meaningful
dialogue on issues of mutual state and Federal interest, this proposed
rule will be shared with the relevant state agencies.
National Environmental Policy Act of 1969 (NEPA)
The 1982 amendments to the ESA, in section 4(b)(1)(A), restrict the
information that may be considered when assessing species for listing.
Based on this limitation of criteria for a listing decision and the
opinion in Pacific Legal Foundation v. Andrus, 657 F. 2d 829 (6th Cir.
1981), we have concluded that NEPA does not apply to ESA listing
actions.
Government-to-Government Relationship With Tribes
Executive Order 13084 requires that if NMFS issues a regulation
that significantly or uniquely affects the communities of Indian tribal
governments and imposes substantial direct compliance costs on those
communities, NMFS must consult with those governments or the Federal
government must provide the funds necessary to pay the direct
compliance costs incurred by the tribal governments. This proposed rule
does not impose substantial direct compliance costs on Indian tribal
governments or communities. Accordingly, the requirements of section
3(b) of E.O. 13084 do not apply to this final rule. Nonetheless, during
our 5-year review of salmon and steelhead we solicited information from
the tribes, met with several tribal governments and associated tribal
fisheries commissions, and provided the opportunity for all interested
tribes to comment on the proposed changes to the species' status and
descriptions and discuss any concerns they may have. We will continue
to inform potentially affected tribal governments, solicit their input,
and coordinate on future management actions pertaining to the listed
species addressed in this proposed rule.
List of Subjects
50 CFR Part 223
Endangered and threatened species, Exports, Imports,
Transportation.
50 CFR Part 224
Administrative practice and procedure, Endangered and threatened
species, Exports, Imports, Reporting and recordkeeping requirements,
Transportation.
[[Page 72765]]
Dated: October 17, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, we propose to amend 50 CFR
parts 223 and 224 as follows:
PART 223--THREATENED MARINE AND ANADROMOUS SPECIES
0
1. The authority citation for part 223 continues to read as follows:
Authority: 16 U.S.C. 1531-1543; subpart B, Sec. 223.201-202
also issued under 16 U.S.C. 1361 et seq.; 16 U.S.C. 5503(d) for
Sec. 223.206(d)(9).
0
2. In Sec. 223.102, amend the table in paragraph (e) by revising the
entries for ``Salmon, Chinook (Lower Columbia River ESU);'' ``Salmon,
Chinook (Puget Sound ESU);'' ``Salmon, Chinook (Snake River fall-run
ESU);'' ``Salmon, Chinook (Snake River spring/summer-run ESU);''
``Salmon, Chinook (Upper Willamette River ESU);'' ``Salmon, chum
(Columbia River ESU);'' ``Salmon, chum (Hood Canal summer-run ESU);''
``Salmon, coho (Lower Columbia River ESU);'' ``Salmon, coho (Oregon
Coast ESU);'' ``Salmon, coho (Southern Oregon/Northern California Coast
ESU);'' ``Salmon, sockeye (Ozette Lake ESU);'' ``Steelhead (California
Central Valley DPS);'' ``Steelhead (Central California Coast DPS);''
``Steelhead (Lower Columbia River DPS);'' ``Steelhead (Middle Columbia
River DPS);'' ``Steelhead (Puget Sound DPS);'' ``Steelhead (Snake River
Basin DPS);'' and ``Steelhead (Upper Columbia River DPS)'' to read as
follows:
Sec. 223.102 Enumeration of threatened marine and anadromous species.
* * * * *
(e) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species \1\
------------------------------------------------------------------------------------------------------ Citation(s) for listing Critical ESA rules
Common name Scientific name Description of listed entity determination(s) habitat
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Fishes
* * * * * * *
Salmon, Chinook (Lower Columbia River Oncorhynchus tshawytscha Naturally spawned Chinook salmon 70 FR 37160, Jun 28, 2005 226.212 223.203
ESU). 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
spawned Chinook salmon
originating from the Rogue
River Fall Chinook Program.
This DPS does include Chinook
salmon from the following
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;
Sandy River Hatchery Program;
Deep River Net Pens-Washougal
Program; Klaskanine Hatchery
Program; Bonneville Hatchery
Program; and the Cathlamet
Channel Net Pens Program.
[[Page 72766]]
Salmon, Chinook (Puget Sound ESU)..... Oncorhynchus tshawytscha. Naturally spawned Chinook salmon 70 FR 37160, Jun 28, 2005 226.212 223.203
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 the following
artificial propagation programs:
The Kendall Creek Hatchery
Program; Marblemount Hatchery
Program (spring subyearlings and
summer-run); Brenner Creek
Hatchery Program (summer-run and
fall-run); Whitehorse Springs
Pond Program; Wallace River
Hatchery Program (yearlings and
subyearlings); Issaquah Hatchery
Program; White River Hatchery
Program; White Acclimation Pond
Program; Voights Creek Hatchery
Program; Diru Creek Program;
Clear Creek Program; Kalama Creek
Program; George Adams Hatchery
Program; Hamma Hamma Hatchery
Program; Dungeness/Hurd Creek
Hatchery Program; Elwha Channel
Hatchery Program; Skookum Creek
Hatchery Spring-run Program;
Bernie Kai-Kai Gobin (Tulalip)
Hatchery-Cascade Program; North
Fork Skokomish River Spring-run
Program; the Soos Creek Hatchery
Program (subyearlings and
yearlings); the Fish Restoration
Facility Program; the Bernie Kai-
Kai Gobin (Tulalip) Hatchery-
Skykomish Program; and the Hupp
Springs Hatchery-Adult Returns to
Minter Creek Program.
Salmon, Chinook (Snake River fall-run Oncorhynchus tshawytscha. Naturally spawned fall-run Chinook 70 FR 37160, Jun 28, 2005 226.205 223.203
ESU). 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 the
following artificial propagation
programs: The Lyons Ferry
Hatchery Program; Fall Chinook
Acclimation Ponds Program; Nez
Perce Tribal Hatchery Program;
and the Idaho Power Program.
Salmon, Chinook (Snake River spring/ Oncorhynchus tshawytscha. Naturally spawned spring/summer- 70 FR 37160, Jun 28, 2005 226.205 223.203
summer-run ESU). 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
the following artificial
propagation programs: The
Tucannon River Program; Lostine
River Program; Catherine Creek
Program; Lookingglass Hatchery
Program; Upper Grande Ronde
Program; Imnaha River Program;
McCall Hatchery Program; Johnson
Creek Artificial Propagation
Enhancement Program; Pahsimeroi
Hatchery Program; Sawtooth
Hatchery Program; Yankee Fork
Program; Dollar Creek Program;
Panther Creek Program; and the
Big Sheep Creek-Adult outplanting
from Imnaha Program.
Salmon, Chinook (Upper Willamette Oncorhynchus tshawytscha. Naturally spawned spring-run 70 FR 37160, Jun 28, 2005 226.212 223.203
River ESU). Chinook salmon originating from
the Clackamas River and from the
Willamette River and its
tributaries above Willamette
Falls. Also, spring-run Chinook
salmon from the following
artificial propagation programs:
The McKenzie River Hatchery
Program; Willamette Hatchery
Program; Clackamas Hatchery
Program; North Santiam River
Program; South Santiam River
Program; and the Mollala River
Program.
* * * * * * *
Salmon, chum (Columbia River ESU)..... Oncorhynchus keta........ Naturally spawned chum salmon 70 FR 37160, Jun 28, 2005 226.212 223.203
originating from the Columbia
River and its tributaries in
Washington and Oregon. Also, chum
salmon from the following
artificial propagation programs:
The Grays River Program;
Washougal River Hatchery/Duncan
Creek Program; and the Big Creek
Hatchery Program.
Salmon, chum (Hood Canal summer-run Oncorhynchus keta........ Naturally spawned summer-run chum 70 FR 37160, Jun 28, 2005 226.212 223.203
ESU). 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 the following
artificial propagation programs:
the Lilliwaup Creek Fish Hatchery
Program; and the Tahuya River
Program.
[[Page 72767]]
Salmon, coho (Lower Columbia River Oncorhynchus kisutch..... Naturally spawned coho salmon 70 FR 37160, Jun 28, 2005 226.212 223.203
ESU). 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 the following
artificial propagation programs:
The Grays River Program; Peterson
Coho Project; Big Creek Hatchery
Program; 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;
Bonneville/Cascade/Oxbow Complex
Hatchery Program; Clatsop County
Fisheries Net Pen Program; and
the Clatsop County Fisheries/
Klaskanine Hatchery Program.
Salmon, coho (Oregon Coast ESU)....... Oncorhynchus kisutch..... Naturally spawned coho salmon 76 FR 35755, Jun 20, 2011 226.212 223.203
originating from coastal rivers
south of the Columbia River and
north of Cape Blanco. Also, coho
salmon from the Cow Creek
Hatchery Program.
Salmon, coho (Southern Oregon/Northern Oncorhynchus kisutch..... Naturally spawned coho salmon 70 FR 37160, Jun 28, 2005 226.210 223.203
California Coast ESU). originating from coastal streams
and rivers between Cape Blanco,
Oregon, and Punta Gorda,
California. Also, coho salmon
from the following artificial
propagation programs: The Cole
Rivers Hatchery Program; Trinity
River Hatchery Program; and the
Iron Gate Hatchery Program.
Salmon, sockeye (Ozette Lake ESU)..... Oncorhynchus nerka....... Naturally spawned sockeye salmon 70 FR 37160, Jun 28, 2005 226.212 223.203
originating from the Ozette River
and Ozette Lake and its
tributaries. Also, sockeye salmon
from the Umbrella Creek/Big River
Hatchery Program.
* * * * * * *
Steelhead (California Central Valley Oncorhynchus mykiss...... Naturally spawned anadromous O. 71 FR 834, Jan 5, 2006... 226.211 223.203
DPS). 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
includes steelhead from the
following artificial propagation
programs: The Coleman National
Fish Hatchery Program; Feather
River Fish Hatchery Program; and
the Mokelumne River Hatchery
Program.
Steelhead (Central California Coast Oncorhynchus mykiss...... Naturally spawned anadromous O. 71 FR 834, Jan 5, 2006... 226.211 223.203
DPS). 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 the following
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 O. 71 FR 834, Jan 5, 2006... 226.212 223.203
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
includes steelhead from the
following 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; Sandy
Hatchery Late Winter-run Program;
Hood River Winter-run Program;
Lewis River Wild Late-run Winter
Steelhead Program; Upper Cowlitz
Wild Program; and the Tilton
River Wild Program.
[[Page 72768]]
Steelhead (Middle Columbia River DPS). Oncorhynchus mykiss...... Naturally spawned anadromous O. 71 FR 834, Jan 5, 2006... 226.212 223.203
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 includes steelhead from the
following 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;
and the Deschutes River Program.
This DPS does not include
steelhead that are designated as
part of an experimental
population.
* * * * * * *
Steelhead (Puget Sound DPS)........... Oncorhynchus mykiss...... Naturally spawned anadromous O. 72 FR 26722, May 11, 2007 226.212 223.203
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 the following
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; Lower Elwha Fish Hatchery
Wild Steelhead Recovery Program;
and the Fish Restoration Facility
Program.
Steelhead (Snake River Basin DPS)..... Oncorhynchus mykiss...... Naturally spawned anadromous O. 71 FR 834, Jan 5, 2006... 226.212 223.203
mykiss (steelhead) originating
below natural and manmade
impassable barriers from the
Snake River basin. Also,
steelhead from the following
artificial propagation programs:
The Tucannon River Program;
Dworshak National Fish Hatchery
Program; Lolo Creek Program;
North Fork Clearwater Program;
East Fork Salmon River Natural
Program; Little Sheep Creek/
Imnaha River Hatchery Program;
Little Salmon River (B-run)
Program; Squaw Creek Program;
Yankee Fork Program; Pahsimeroi
River Program; and the South Fork
Clearwater Hatchery Program.
* * * * * * *
Steelhead (Upper Columbia River DPS).. Oncorhynchus mykiss...... Naturally spawned anadromous O. 71 FR 834, Jan 5, 2006... 226.212 223.203
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 the
following artificial propagation
programs: The Wenatchee River
Program; Wells Hatchery Program
(in the Methow and Okanogan
Rivers); Winthrop National Fish
Hatchery Program; Ringold
Hatchery Program; and the
Okanogan River Program.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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).
* * * * *
PART 224--ENDANGERED MARINE AND ANADROMOUS SPECIES
0
3. The authority citation for part 224 continues to read as follows:
Authority: 16 U.S.C. 1531-1543 and 16 U.S.C. 1361 et seq.
0
4. In Sec. 224.101, amend the table in paragraph (h) by revising the
entries for ``Salmon, Chinook (Sacramento River winter-run ESU)'' and
``Salmon, Chinook (Upper Columbia River spring-run ESU)'' to read as
follows:
Sec. 224.101 Enumeration of endangered marine and anadromous species.
* * * * *
(h) * * *
[[Page 72769]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species \1\
------------------------------------------------------------------------------------------------------ Citation(s) for listing Critical ESA rules
Common name Scientific name Description of listed entity determination(s) habitat
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Fishes
* * * * * * *
Salmon, Chinook (Sacramento River Oncorhynchus tshawytscha. Naturally spawned winter-run 70 FR 37160, June 28, 226.204 NA
winter-run ESU). Chinook salmon originating from 2005.
the Sacramento River and its
tributaries. Also, winter-run
Chinook salmon from the following
artificial propagation programs:
The Livingston Stone National
Fish Hatchery (supplementation
and captive broodstock).
Salmon, Chinook (Upper Columbia River Oncorhynchus tshawytscha. Naturally spawned spring-run 70 FR 37160, June 28, 226.212 NA
spring-run ESU). Chinook salmon originating from 2005.
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 the following
artificial propagation programs:
The Twisp River Program; Methow
Program; Winthrop National Fish
Hatchery Program; Chiwawa River
Program; White River Program; and
the Nason Creek Program.
Salmon, coho (Central California Coast Oncorhynchus kisutch..... Naturally spawned coho salmon 70 FR 37160, June 28, 226.210 NA
ESU). originating from rivers south of 2005; 77 FR 19552, Apr
Punta Gorda, California to and 2, 2012.
including Aptos Creek, as well as
such coho salmon originating from
tributaries to San Francisco Bay.
Also, coho salmon from the
following artificial propagation
programs: The Don Clausen Fish
Hatchery Captive Broodstock
Program; the Scott Creek/King
Fisher Flats Conservation
Program; and the Scott Creek
Captive Broodstock Program.
Salmon, sockeye (Snake River ESU)..... Oncorhynchus nerka....... Naturally spawned anadromous and 70 FR 37160, June 28, 226.205 NA
residual sockeye salmon 2005.
originating from the Snake River
basin. Also, sockeye salmon from
the Redfish Lake Captive
Broodstock Program.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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).
* * * * *
[FR Doc. 2016-25438 Filed 10-20-16; 8:45 am]
BILLING CODE 3510-22-P
