Revisions to Hatchery Programs Included as Part of Pacific Salmon and Steelhead Species Listed Under the Endangered Species Act, 81822-81837 [2020-26287]

Download as PDF 81822 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations TABLE 3—COMPLETED DOMESTIC RECOVERY ACTIONS (PROPOSED AND FINAL DOWNLISTINGS AND DELISTINGS) IN FY 2019 AND FY 2020—Continued [As of September 30, 2020] Federal Register Citation Publication date Title Action(s) 4/27/2020 ..................... Removing Arenaria ......................................... cumberlandensis (Cumberland Sandwort) From the Federal List of Endangered and Threatened Plants. Removing San Benito Evening-Primrose (Camissonia benitensis) From the Federal List of Endangered and Threatened Plants. Removing the Borax Lake Chub From the List of Endangered and Threatened Wildlife. Reclassification of Morro Shoulderband Snail (Helminthoglypta walkeriana) From Endangered to Threatened With a 4(d) Rule. Reclassification of Stephens’ Kangaroo Rat From Endangered to Threatened With a Section 4(d) Rule. Reclassification of Layia carnosa (Beach Layia) From Endangered To Threatened Species Status With Section 4(d) Rule. Reclassifying the Virgin Islands Tree Boa From Endangered To Threatened With a Section 4(d) Rule. Proposed Rule—Delisting ............................... 85 FR 23302–23315. Proposed Rule—Delisting ............................... 85 FR 33060–33078. Final Rule—Delisting ...................................... 85 FR 35574–35594. Proposed Rule—Downlisting .......................... 85 FR 44821–44835. Proposed Rule—Downlisting .......................... 85 FR 50991–51006. Proposed Rule—Downlisting .......................... 85 FR 61684–61700. Proposed Rule—Downlisting .......................... 85 FR 61700–61717. 06/01/2020 ................... 06/11/2020 ................... 07/24/2020 ................... 08/19/2020 ................... 9/30/2020 ..................... 9/30/2020 ..................... When a petitioned action is found to be warranted but precluded, the Service is required by the Act to treat the petition as resubmitted on an annual basis until a proposal or withdrawal is published. If the petitioned species is not already listed under the Act, the species becomes a ‘‘candidate’’ and is reviewed annually in the Candidate Notice of Review. The number of candidate species remaining in FY 2020 is the lowest it has been since 1975. For these species, we are working on developing a species status assessment, preparing proposed listing determinations, or preparing notwarranted 12-month findings. Another way that we have been expeditious in making progress in adding and removing qualified species to and from the Lists is that we have made our actions as efficient and timely as possible, given the requirements of the Act and regulations and constraints relating to workload and personnel. We are continually seeking ways to streamline processes or achieve economies of scale, such as batching related actions together for publication. Given our limited budget for implementing section 4 of the Act, these efforts also contribute toward our expeditious progress in adding and removing qualified species to and from the Lists. The monarch butterfly will be added to the candidate list, and we will continue to evaluate this species as new information becomes available. Continuing review will determine if a VerDate Sep<11>2014 17:27 Dec 16, 2020 Jkt 253001 change in status is warranted, including the need to make prompt use of emergency listing procedures. A detailed discussion of the basis for this finding can be found in the monarch butterfly species assessment form and other supporting documents (see ADDRESSES, above). New Information We intend that any proposed listing rule for the monarch butterfly will be as accurate as possible. Therefore, we will continue to accept additional information and comments from all concerned governmental agencies, the scientific community, industry, or any other interested party concerning this finding. We request that you submit any new information concerning the taxonomy of, biology of, ecology of, status of, threats to, or conservation actions for the monarch butterfly to the person specified under FOR FURTHER INFORMATION CONTACT, whenever it becomes available. New information will help us monitor this species and make appropriate decisions about its conservation and status. We encourage all stakeholders to continue cooperative monitoring and conservation efforts. The list of the references cited in the petition finding is available on the internet at http://www.regulations.gov under docket number FWS–R3–ES– 2020–0103 and upon request from the person specified under FOR FURTHER INFORMATION CONTACT. Frm 00042 Fmt 4700 Authority The authority for this action is section 4 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Aurelia Skipwith, Director, U.S. Fish and Wildlife Service. [FR Doc. 2020–27523 Filed 12–16–20; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Parts 223 and 224 [Docket No. 201123–0313; RTID 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: Final rule. AGENCY: References Cited PO 00000 Authors The primary authors of this document are the staff members of the Fish and Wildlife Service’s Species Assessment Team. Sfmt 4700 We, NMFS, announce updates to the descriptions of Pacific salmon and steelhead (Oncorhynchus spp.) SUMMARY: E:\FR\FM\17DER1.SGM 17DER1 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations species that are currently listed as threatened or endangered under the Endangered Species Act of 1973 (ESA). Updates 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 changes are informed by our most recent ESA 5-year reviews, which were completed in 2016. We are not changing the ESA-listing status of any species under NMFS’s jurisdiction, or modifying any critical habitat designation. The updates also include minor changes in terminology to standardize species descriptions. DATES: This final rule is effective December 17, 2020. ADDRESSES: NMFS, Protected Resources Division, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR 97232. FOR FURTHER INFORMATION CONTACT: Robert Markle, NMFS, West Coast Region, Protected Resources Division, 1201 NE Lloyd Blvd., Suite 1100, Portland, OR 97232, by phone at (503) 230–5433, or by email at robert.markle@ noaa.gov. You may also contact Maggie Miller, NMFS, Office of Protected Resources, (301) 427–8403. Copies of the 5-year status reviews can be found on our website at https:// www.fisheries.noaa.gov/action/2016-5year-reviews-28-listed-species-pacificsalmon-steelhead-and-eulachon. SUPPLEMENTARY INFORMATION: Background Section 4 of the ESA provides for 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’s jurisdiction and species under FWS’s 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 VerDate Sep<11>2014 17:27 Dec 16, 2020 Jkt 253001 ESA includes the following entities: Species, subspecies, and, for vertebrates only, ‘‘distinct population segments (DPSs).’’ Steelhead are listed as DPSs and 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. 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) guides our analysis of whether individual hatchery programs should be included as part of the listed species. The Hatchery Listing Policy states that hatchery programs 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 applying the Hatchery Listing Policy, we use a variety of sources to reach conclusions about divergence. Section 4(c)(2)(A) of 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)). We completed our most recent 5-year review of the status of ESA-listed salmon ESUs and steelhead DPSs in California, Oregon, Idaho, and Washington in 2016 (81 FR 33468, May 26, 2016). As part of the 5-year review, we reviewed the classification of all West Coast salmon and steelhead hatchery programs, guided by our Hatchery Listing Policy. We considered 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). A NMFS internal memorandum (Jones 2015) explains the results of our hatchery program review. Jones (2015) found that, based on the best scientific evidence available, some hatchery programs should be reclassified, that is, added to or removed from the description of the relevant ESUs/DPSs. On October 21, 2016, we proposed to revise the NMFS Lists based on the aforementioned review and we solicited public comments (81 FR 72759). The proposed revisions to listed species descriptions included: PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 81823 (1) Adding new hatchery programs that meet the Hatchery Listing Policy criteria for inclusion, or adding programs that resulted from dividing existing listed hatchery programs into separate programs with new names; (2) Removing hatchery programs that have been terminated and do not have any fish remaining from the program, or removing previously listed hatchery programs that were subsumed by another listed program; (3) Revising some hatchery program names for clarity or to standardize conventions for naming programs; and (4) Making minor changes in terminology to standardize species descriptions. The approach we used in the proposed rule and this final rule to determine which hatchery programs are included within an ESU or DPS is consistent with the approach taken in the 2016 status review. That is, as part of our status reviews, we reviewed hatchery programs under our Hatchery Listing Policy and concluded that some changes to the list of hatchery programs included in certain ESUs and DPSs were warranted. Those changes included updates to hatchery program names as well as the inclusion of new programs and the removal of programs that had been discontinued. However, as indicated in the 2016 status review, none of these changes resulted in a change to the listing status of an ESU or DPS because none of the changes affected the extinction risk of the ESU or DPS. Comments Received in Response to the Proposed Rule and Responses We received 23 comments on the proposed rule via www.regulations.gov, letter, or email. These comments were submitted by individuals, state agencies, non-governmental organizations, and tribes or tribal representatives. Many of the submissions included similar comments, and several were form letters. We reviewed all comments for substantive issues or new information and identified several broad issues of concern. In the text below we have organized comments by major issue categories, summarized the comments for brevity and clarity, and addressed similar comments with common responses where possible. After considering all comments, we made changes or clarifications in the final rule as explained below. Comment 1—Genetic and Ecological Risk of Hatchery Programs: Numerous commenters stated their opposition to the release of hatchery fish into areas with natural populations. They also opposed adding new hatchery programs E:\FR\FM\17DER1.SGM 17DER1 81824 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations to ESA-listed ESUs or DPSs. Commenters stated that NMFS is failing to adequately address the deleterious genetic and ecological effects of hatchery fish, and requested that we convene a panel of experts to revise and update our Hatchery Listing Policy. Response: This final rule arises from our obligation under ESA section 4(c)(2) to regularly assess the status of listed species and determine whether they should be de-listed or changed in classification from threatened to endangered or vice-versa. 16 U.S.C. 1531(c)(2). In 2016, we assessed the composition of salmonid ESUs and DPSs pursuant to the requirements of the ESA and our Hatchery Listing Policy to determine whether any changes were warranted. The Hatchery Listing Policy was developed, in part, in response to the lawsuit Alsea Valley Alliance v. Evans (2001) (Alsea decision), where a U.S. District Court ruled that NMFS cannot exclude hatchery fish from an ESA listing if NMFS determines that such fish comprise part of the listed ESU/DPS under the applicable ESA standards. The Hatchery Listing Policy was subsequently upheld in the lawsuit Trout Unlimited v. Lohn (2009). In that case, the court upheld NMFS’ determination to include both hatchery and natural fish in a listed steelhead DPS, despite the potential threats posed by hatchery fish. The court noted that the listing process comprises two distinct phases: The initial decision regarding the composition of the DPS, and the subsequent decision whether to list the DPS. Our recommendation to include a hatchery program in an ESA-listed ESU or DPS does not reflect a de-emphasis of the risks from hatchery programs. The Hatchery Listing Policy guiding our recommendation acknowledges such risks and their impacts on the adaptive genetic diversity, reproductive fitness, and productivity of the ESU. If we determine that a hatchery program warrants inclusion in an ESU or DPS, we consider effects of the hatchery fish on the natural fish comprising the ESU/ DPS in determining how the ESU/DPS should be classified under ESA section 4(c). For the hatchery programs that are being added, a summary of findings from this analysis can be found in Jones (2015). The Hatchery Listing Policy states that hatchery programs will be considered part of an ESU/DPS if they exhibit a level of genetic divergence relative to the local natural population(s) that is not more than what occurs within the ESU/DPS. We are not changing or weakening our application VerDate Sep<11>2014 17:27 Dec 16, 2020 Jkt 253001 of this moderate divergence criterion relative to how we have applied it in the past. We do not believe there is a need to revise our Hatchery Listing Policy, and reiterate that the policy does recognize the risks from hatchery programs and allows us to evaluate them in a manner commensurate with the potential benefits of the programs. Of note, many hatchery programs have undergone or are undergoing review under our ESA section 4(d) regulations at 50 CFR 223.203(d)(5) (4(d) Rule). When NMFS determines that a Hatchery and Genetic Management Plan (HGMP) meets the 4(d) Rule requirements and approves the HGMP, then the ESA’s prohibitions against take of threatened species do not apply to program activities. When we list a hatchery program under the ESA, it does not automatically receive an exemption from the ESA’s prohibitions against take. In evaluating whether to approve an HGMP under the 4(d) Rule, NMFS carries out consultation under ESA section 7 to ensure that HGMP implementation is not likely to jeopardize any listed species or destroy or adversely modify its critical habitat. This provides another means for NMFS to evaluate the effects of hatchery fish on the ESU/DPS to which they belong and recommend management measures to improve hatchery operations. Comment 2—Use of Best Available Science: Numerous commenters stated that the Hatchery Listing Policy and the moderate divergence criterion are not consistent with the best available science. Three commenters stated that use of a criterion that focuses solely on genetics—without attention to life history, ecology, and population demographics—is inadequate. Related comments questioned the current relevance of supporting documents including the Jones (2011, 2015) memos and two reports, the Salmon and Steelhead Assessment Group’s (SSHAG), ‘‘Hatchery Broodstock Summaries and Assessments for Chum, Coho, and Chinook,’’ and the Salmonid Hatchery Inventory and Effects Evaluation Report (SHIEER) titled ‘‘An Evaluation of the Effects of Artificial Propagation on the Status and Likelihood of Extinction of West Coast Salmon and Steelhead under the Federal Endangered Species Act’’ (SSHAG 2003, SHIEER 2004). Response: The best available information upon which to determine whether hatchery programs should be included in a salmon ESU or steelhead DPS is referenced in Jones (2015). This report, in conjunction with individual HGMPs and associated section 7 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 consultations, is the most comprehensive and current information available. In the few cases where commenters provided new information, we considered the information (see Revisions to Threatened Species Descriptions and Revisions to Endangered Species Descriptions, below). In most cases, commenters provided no new information for us to consider. Under the Hatchery Listing Policy, we base our determinations of species status under the ESA on the status of the entire ESU/DPS, including hatchery fish. We recognize that important genetic resources representing the ecological and genetic diversity of species can reside in hatchery fish as well as natural fish. We apply the Hatchery Listing Policy in support of the conservation of naturallyspawning salmon and the ecosystems upon which they depend, consistent with section 2(b) of the ESA. Comment 3—Justification for the Rule and Data Sources: Numerous comments asserted that the proposed rule did not provide adequate justification to support our proposed revisions. Comments requested more detail about the criteria, data, and analytical methods that we used to evaluate each hatchery program. Several comments asked how the level of divergence between hatchery and natural populations is measured. Other comments stated that pHOS (proportion of spawners of hatchery origin) and PNI (the proportionate natural influence in a natural salmon or steelhead population) metrics should have been explained and evaluated in the proposed rule. In sum, the commenters requested that we more clearly link our proposed revisions to supporting documentation, including the 5-year status reviews and relevant HGMPs. Response: We apply the best available information when determining whether a hatchery program should be included in an ESU or DPS. The primary sources of information that NMFS considers in defining each ESU/DPS, including recently approved HGMPs, are referenced in Jones (2015), which was cited in the proposed rule. NMFS’ most recent 5-year reviews (81 FR 33468, May 26, 2016), which were also cited in the proposed rule, describe relationships, risks, benefits, and uncertainties of specific hatchery stocks relative to natural populations of ESUs/DPSs. Links to these 5-year reviews can be found on our website (https:// www.fisheries.noaa.gov/action/2016-5year-reviews-28-listed-species-pacificsalmon-steelhead-and-eulachon). For many species, data are not available to quantitatively assess the level of genetic E:\FR\FM\17DER1.SGM 17DER1 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations divergence between a hatchery stock and natural populations, and so surrogate information must be used. We agree that the pHOS and PNI metrics are helpful in assessing the effects of hatchery programs and we did evaluate the most recently available pHOS and PNI information. The widelyused demographic metrics pHOS, pNOB (proportion of broodstock of natural origin) and PNI are typically used as measures of genetic risk associated with program operations. In the absence of historical genetic databases, we use these metrics extensively in making decisions regarding levels of divergence. A summary of the analysis of these metrics for each hatchery program can be found in Jones (2015). Comment 4—Need for Approved HGMPs: A commenter stated that the listed ESU/DPS should only include hatchery programs that have been evaluated under the ESA. The commenter asserted that the proposed rule ‘‘notably leaves out the critical details within approved HGMPs that link to broodstock source, breeding and rearing protocols, monitoring and genetics,’’ and ‘‘without that information any inclusion of additional hatcheries, or even previously included hatcheries, lacks the scientific rigor that is required to include a hatchery population within the DPS/ESU.’’ Response: Under our Hatchery Listing Policy, we assess whether hatchery programs should be included in an ESU or DPS based on the best available scientific information and the standards identified in the policy. By contrast, evaluation of an HGMP under the ESA is a separate process from our listing determinations under ESA section 4(c). HGMP reviews involve a separate, legal determination as to whether a hatchery program qualifies for an exemption from the ESA’s take prohibition. The inclusion of a hatchery program in a listing does not authorize the propagation of that hatchery stock, and each hatchery program must still undergo ESA review before it can be exempted from the ESA’s take prohibition. Comment 5—Reproductive Fitness of Hatchery Fish: A commenter asked, ‘‘Where are the documents that set forth the reproduction success rates of the genetically similar hatchery fish to establish whether they can promote wild fish recovery?’’ Response: The relevant information associated with the decision herein is whether the level of genetic divergence of the hatchery stock is not more than what occurs within the natural population. Consequently, reproductive success was not evaluated. An VerDate Sep<11>2014 17:27 Dec 16, 2020 Jkt 253001 evaluation of available reproductive success information would occur during our consideration of an HGMP. Comment 6—Conservation Value of Hatchery Programs Using Local Broodstock: Several commenters stated that NMFS has acknowledged the limited conservation value of segregated hatchery programs using broodstocks derived from local populations, yet has adopted a standard that encompasses virtually all hatchery programs using local broodstock. Several commenters also recommended that we exclude ‘‘segregated’’ hatchery programs because they serve no conservation purpose (e.g., the Deep River Net PenWashougal, Klaskanine Hatchery, Bonneville Hatchery, and Cathlamet Channel Net Pen Programs within the Lower Columbia River ESU). The commenter stated that high stray rates from these segregated hatchery programs result in the fish from these programs appearing to be ‘‘no more than moderately diverged’’ from natural populations, while the listed natural populations decrease in fitness and recovery potential as a result of genetic introgression from the hatchery strays. Response: The fundamental issue in determining the listing status of a hatchery program is its divergence from natural populations, not the purpose of the hatchery (i.e., conservation or harvest). Including a hatchery program in an ESU or DPS listing does not endorse its use for any purpose, but rather acknowledges that fish from the program are within the range of genetic diversity exhibited by naturally produced fish in the ESU/DPS. Many hatchery programs designed without conservation intent use local broodstock. We evaluate any potential impact associated with the release of hatchery program fish in the wild during our consideration of an HGMP. Comment 7—Genetic Introgression: Several commenters stated that genetic introgression (the transfer of genetic information) between hatchery and natural fish increases the likelihood that hatchery stocks will qualify for inclusion in an ESU/DPS listing when using the moderate divergence criterion. One commenter provided an analysis for Puget Sound steelhead, calculating Fst/Gst for five listed natural populations and two unlisted, segregated hatchery programs derived from Chambers Creek hatchery broodstock. The commenter noted that in their example, NMFS correctly declined to list the segregated steelhead programs under the ESA, due to their high degree of domestication. The commenter stated that absent biologically credible, measurable PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 81825 criteria for determining divergence, decisions to either include or exclude hatchery populations from listing will be arbitrary and inconsistent. Response: As stated above, NMFS is required to use the best available information when making ESA listing decisions. The ESA requires that we conduct status reviews for listed species every 5 years. Prior to our review, we publish a Federal Register notice requesting information pertinent to our reviews. We then review this information to inform our assessment of the species’ ESA status. As part of that assessment, we consider species composition, including whether any hatchery programs should be included in the listed entity. For many listed ESUs/DPSs, metrics such as Fst, or even pHOS and PNI (as mentioned in an earlier comment) are not available. As a result, mandating a quantitative genetics approach to our listing decisions is impossible due to such data limitations. As mentioned above, we are required to decide whether or not to include a hatchery program as part of a listed ESU/DPS using the best available information. The analysis of Puget Sound steelhead provided by the commenter noted above provides a good example of the limitations of genetic data. Based on molecular genetic markers, winter steelhead derived from Chambers Creek hatchery broodstock do not appear to be substantively diverged from other naturally-spawning populations, suggesting that such hatchery fish may warrant listing as part of the Puget Sound steelhead DPS. However, fish from this hatchery program are not listed due to domestication, which has occurred over several generations and resulted in a noticeably earlier run timing and poorer productivity than natural typical Puget Sound steelhead populations. In our analysis we use a qualitative categorization scheme based on SSHAG (2003), which we believe is the best way to consistently evaluate hatchery programs at this time. We categorize each hatchery program as category 1 through category 4, based on the program’s degree of divergence from the natural population. Programs designated category 1 and 2 are included as part of the listed ESU/DPS because they have a minimal to moderate level of genetic divergence based on the best available information. Furthermore, our determination whether to include a hatchery program in a listing, as we mentioned above, is not to be conflated with program purpose or program type. Comment 8—Release Location: A commenter inquired about how release E:\FR\FM\17DER1.SGM 17DER1 81826 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations location affects our evaluation of the listing status of a hatchery program. The commenter stated that ‘‘if fish used in a hatchery program are of ESU origin and within the accepted divergence limits of the ESU, then it would seem that these fish, biologically, are part of the ESU, no matter the location of release from a hatchery program.’’ Response: We agree in circumstances where those release locations are within the ESU/DPS range, and this idea is the impetus for many of our decisions to add certain hatchery programs to the listing. However, there are a few exceptions, largely for reintroduction programs where listed fish are moved to a separate geographic location and used to create a stock that adapts, over time, to the new geographic location (i.e., coho salmon in the Upper Columbia and Snake River Basins). Comment 9—Puget Sound Steelhead Hatchery Program Divergence: One commenter stated that the Jones (2015) memo cited in the proposed rule seems to carry forward estimates of divergence between hatchery and natural production from the 2003 SSHAG document, which were overestimated out of caution, due to a lack of data. The commenter stated that more recent information is available in revised HGMPs for Puget Sound steelhead, for example the proportion of natural-origin broodstock used in each hatchery program and the proportion of hatchery fish found in carcass surveys of the rivers. The degree of gene flow inferred from these revised HGMPs indicates that the ‘moderate’ divergence classification (category 2 in the Jones 2015 memo) should be replaced with ‘minimal’ divergence (category 1 in the Jones 2015 memo). Response: There are only a few steelhead programs in Puget Sound where hatchery and natural fish are integrated. In Table 4 of Jones (2015), we identified three programs that are ongoing; the Green River Natural, the White River Supplementation, the Elwha River. We are adding the new Fish Restoration Facility program to the Puget Sound steelhead DPS. All of these are classified as category 1’s with the exception of the Green River Natural program, which is classified as a category 1 or 2. Thus, we think our listing decisions are in line with the commenter’s statement. Comment 10—Experimental Populations: Two commenters stated that hatchery fish used for experimental populations should ‘‘not necessarily’’ be excluded from listing. The commenters pointed out that hatchery fish used to establish an experimental population may meet the criteria for inclusion in an VerDate Sep<11>2014 17:27 Dec 16, 2020 Jkt 253001 ESU/DPS and could potentially be used later for recovery. Response: The ESA includes provisions in section 10 for designating experimental populations (50 CFR 17.80 through 17.86). All such populations have potential value for the recovery of salmon and steelhead, but ESA section 10(j) requires that they be designated either as essential or nonessential for recovery. Nonessential experimental populations (NEP) are treated as proposed for listing under the ESA for purposes of section 7 of the ESA, while essential populations are treated as a threatened species. To date, all salmon/ steelhead hatchery programs associated with experimental populations are designated as nonessential. Under the ESA, NEPs do not receive the same level of protection as populations listed as threatened or endangered. Thus, we believe it was more consistent with the ESA’s treatment of NEPs to consider their associated hatchery programs as not listed. In the future, new salmon hatchery programs could be considered essential for recovery and thus experimental populations could include such hatchery fish in the listing. Comment 11—Winthrop National Fish Hatchery Program and Okanogan NEP: Two commenters requested clarification regarding the Winthrop National Fish Hatchery Program in the Upper Columbia spring-run Chinook salmon ESU. One comment stated that ‘‘it is unclear if the designated [section] 10(j) NEP program is included as part of this Winthrop National Fish Hatchery Program’’ and requested that NMFS include language in the species listing to eliminate any ambiguity. The other comment recommended that we include in the listing the Chief Joseph Hatchery Program that uses ESA-listed broodstock from the Winthrop National Fish Hatchery Program for rearing and release in the Okanogan NEP. This second commenter asserted that the fish at the Chief Joseph Hatchery are still of ESU origin and within the acceptable divergence level, and therefore should carry the protections of the ESA prior to their release into the NEP. Response: The Okanogan NEP and the Winthrop National Fish Hatchery share a common broodstock, however the Okanogan NEP fish are reared in a separate hatchery (Chief Joseph Hatchery), and are released in a different river basin located outside the geographic range of the ESU. The Jones memo (2015) documents that the Winthrop National Fish Hatchery Program provides fish for the Okanogan spring Chinook salmon reintroduction. We agree that spring Chinook salmon from the Winthrop National Fish PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 Hatchery being reared in the Chief Joseph hatchery should still be included as part of the Upper Columbia River spring-run Chinook salmon listing. However, upon release into the Okanogan River basin these fish would no longer be considered part of the endangered Upper Columbia spring-run Chinook salmon ESU. Consistent with our regulations at 50 CFR 223.102(e), such fish would instead be considered members of the threatened NEP of Upper Columbia spring-run Chinook salmon when, and at such times as, they are found in the mainstem or tributaries of the Okanogan River from the CanadaUnited States border to the confluence of the Okanogan River with the Columbia River, Washington. Comment 12—STEP Programs: A commenter stated that Salmon and Trout Enhancement Programs (STEP) should be excluded from listing, stating that these programs lack monitoring of broodstock, release sites and strategies, and return rates. Response: We base our listing determinations on the best scientific information available. While monitoring data may be limited for STEP programs, we have evaluated the origin and history of their broodstocks and conclude that several programs warrant inclusion in the ESU/DPS listing. Comment 13—Lower Columbia River Chinook Salmon Programs: One commenter stated that the Lower Columbia River Chinook salmon Cathlamet Channel Net Pens program and the Lower Columbia River coho salmon Clatsop County Fisheries Net Pen program should not be included in the Lower Columbia River Chinook salmon ESU. The basis for this comment is that these net pen programs produce Chinook salmon for selective harvest purposes and not for conservation. Response: Non-biological considerations, including whether a hatchery program is planned to contribute to ESU recovery or to harvest, are not a factor in listing decisions. In this case, based on available biological information, spring-run Chinook salmon from net pens in the lower Columbia River are not more than moderately diverged from the Lower Columbia River Chinook Salmon ESU. Comment 14—Cowlitz River Spring Chinook Salmon Hatchery: A comment stated that the Cowlitz River spring-run Chinook salmon hatchery program is not listed and thus two programs that use this stock, Cathlamet net pens program and the Friends of the Cowlitz program, should be removed from listing. Response: The commenter is in error. The Cowlitz River spring-run Chinook E:\FR\FM\17DER1.SGM 17DER1 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations salmon hatchery program is included in the Lower Columbia River Chinook Salmon ESU and is listed under the ESA (50 CFR 223.102). Comment 15—Lower Columbia River Coho Salmon Description: The Lower Columbia River coho salmon ESU description contains Eagle Creek National Fish Hatchery Program, Bonneville/Cascade/Oxbow Hatchery Program, and Kalama River Type N Program, which provide broodstock sources to reintroduce coho in the Clearwater and Grande Ronde basins. A comment suggested adding to the ESU description that the listing ‘‘excludes Clearwater and Grande Ronde production groups.’’ Response: Snake River coho salmon were extirpated in the Snake River basin by 1986. Coho salmon were reintroduced to the Clearwater subbasin in 1994 and the Grande Ronde/Lostine subbasin in 2017 using broodstock from the Lower Columbia River ESU. Lower Columbia River coho salmon are described in the CFR as ‘‘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.’’ By this definition, Lower Columbia River coho salmon occurring in the Snake River basin are excluded from the listing and we see no need to add the commenter’s proposed new language. Comment 16—Snake River Sockeye Salmon Hatchery Programs: One comment stated that only the Redfish Lake Captive Broodstock Program is listed, and the recently-added ‘‘smolt production program’’ is not listed but should be. Response: The commenter is correct. The Redfish Lake Captive Broodstock Program currently produces the eggs used in the new smolt production program. Therefore, the smolts produced for this new hatchery program are a category 1a (Jones 2015) and should be included in the Snake River sockeye salmon ESU. We will list this program under Idaho Department of Fish and Game’s program name, the ‘‘Snake River Sockeye Salmon Hatchery Program.’’ Comment 17—Upper Salmon River Steelhead Programs: A commenter stated that the Upper Salmon River programs are similar to the Little Salmon River in that the programs are in the process of changing stocks that do not utilize B-run steelhead from Dworshak Hatchery. Response: Currently these programs still use some fish from the Dworshak VerDate Sep<11>2014 17:27 Dec 16, 2020 Jkt 253001 National Fish Hatchery for broodstock. Thus, these fish should be listed because the ‘‘parent’’ program is listed. NMFS may reconsider this listing decision once the programs in the Upper Salmon River no longer use Dworshak National Fish Hatchery steelhead. Comment 18—Dollar Creek Programs: A commenter suggested removing the Dollar Creek Program because it is subset of the McCall Hatchery. Response: Dollar Creek is an egg box program that has its own HGMP. We will identify this program individually in the listing description because it is managed by a separate entity, it has a separate HGMP, and it is a separate line item in the 2018–2027 U.S. v. Oregon Management Agreement (U.S. v. OR). Identifying this program separately allows us to better track program implementation. In the proposed rule we identified this as the Dollar Creek Program, but have renamed it the South Fork Salmon River Eggbox Program as it is more consistent with the description in U.S. v. OR. Comment 19—Listing Status of Panther Creek: A commenter stated that we are treating populations in Panther Creek and Lookingglass Creek inconsistently. The commenter asked if functionally-extirpated populations that have been reestablished with ‘‘within ESU’’ stock (but not ‘withinpopulation’) would be considered to be recovered? Response: We are listing Panther Creek because the fish released there are from an already listed hatchery program within the same ESU, and this is consistent with how we have handled other reintroduction programs within the same ESU/DPS for the purpose of reintroducing fish into functionally extirpated populations (e.g., Lookingglass in the Grande Ronde River Basin). Comment 20—Wells Fish Hatchery Program Description: One commenter stated that the Wells Fish Hatchery program releases Columbia River steelhead smolts directly into the Columbia River and other locations, so it is not clear why in the listing language the Methow and Okanogan are listed in parentheses and the Columbia River is excluded. The commenter recommends deleting ‘in the Methow and Okanogan’ in the listing language. Response: The Wells Program has three separate components: Releases into the Methow River, the Twisp River, and the Columbia River. The Methow River and Twisp River releases use Methow River steelhead. Previously, the rationale for excluding the Columbia River release was because it uses Wells PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 81827 hatchery stock, which was created using fish from all steelhead populations returning to the Upper Columbia. Given the Wells stock is not representative of any one single population, we have decided not to list components of the Wells Program that propagate this stock. Comment 21—Upper Willamette River Chinook Salmon: A commenter stated that the Jones (2015) memo did not adequately address the relationships between hatchery and natural populations of Chinook salmon and steelhead in the Willamette River. The commenter stated that recent genetic analysis by Oregon State University and the FWS suggests that the ‘‘Willamette River population is more appropriate (sic) considered one stock and not divided between Upper Willamette and Lower Columbia River.’’ The commenter suggests a more accurate delineation would be ‘‘Willamette River stock’’ and ‘‘Columbia River stock.’’ Furthermore, the commenter stated that Jones (2015) did not analyze this new genetic data, nor did it analyze proposed HGMPs for hatchery populations under the Willamette Biological Opinion or the Portland General Electric Hydropower Settlement Agreement, which requires long term changes to the hatchery populations and releases. Response: This comment addresses how the Upper Willamette River Chinook salmon and Lower Columbia River Chinook salmon ESUs are defined, which is not the subject of this rulemaking. Comment 22—ESU Description: Several comments requested that we revise ESU/DPS descriptions for various reasons. Response: This final rule addresses hatchery programs associated with listed ESU/DPSs. Our recentlycompleted 5-year reviews did not recommend modifications to the composition of any ESU/DPS apart from the modifications related to hatchery programs addressed in this final rule. Comment 23—Naming of Hatchery Programs: A commenter stated that it is unclear what strategy NMFS used to name the different hatchery programs included in the proposed changes. Response: We acknowledge that naming conventions are not always consistent. Hatchery program names sometimes include reference to stocking location and sometimes they do not. For programs with submitted HGMPs, we use program names provided in the HGMP. In general, our intention is to use program names that are commonly accepted and which provide sufficient description to identify the program. Comment 24—Consistency with Alsea Decision: A commenter stated that the E:\FR\FM\17DER1.SGM 17DER1 81828 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations proposed rule is inconsistent with the Alsea decision. Response: NMFS issued the ‘‘Interim Policy on Artificial (Hatchery) Propagation of Pacific Salmon under the Endangered Species Act’’ (Interim Policy) in 1993. The Interim Policy provided that hatchery salmon and steelhead would not be listed under the ESA unless they were found to be essential for recovery of a listed species (i.e., if the hatchery population contained a substantial portion of the remaining genetic diversity of the species). The result of this policy was that a listing determination for a species depended solely upon the relative health of the naturally spawning component of the species. In most cases, hatchery fish were not relied upon to contribute to recovery, and therefore were not listed. As explained above, a federal court ruled in the Alsea decision that NMFS made an improper distinction under the ESA by excluding certain hatchery programs from the listing of Oregon Coast coho salmon, even though NMFS had determined that these hatchery programs were otherwise a part of the same ESU as the listed natural populations. The Court set aside NMFS’ 1998 listing of Oregon Coast coho salmon because it impermissibly excluded hatchery fish within the ESU from listing and therefore listed an entity that was not a species, subspecies or DPS. While the Alsea decision only addressed Oregon Coast coho salmon, it prompted NMFS to reconsider the inclusion of hatchery fish in ESA listings for other West Coast salmon and steelhead species. In 2005, NMFS issued the Hatchery Listing Policy, which superseded the Interim Policy. Under the Hatchery Listing Policy, hatchery stocks with a level of genetic divergence relative to the local natural populations that is no more than what occurs within the DPS are: (a) Considered part of the DPS; (b) considered in determining whether the DPS should be listed under the ESA; and (c) to be included in any listing of the DPS. Thus, the proposed rule and this final rule are consistent with the Alsea decision. Comment 25—Administrative Procedure Act (APA) Compliance: A commenter suggested that updates to the list of hatchery programs included with listed ESU/DPSs is in violation of the APA because relevant data were not made available to the public. Response: This rule was published as a proposed rule (81 FR 72759, October 21, 2016) and the public was entitled to contact NMFS and request additional information. We provided links to our VerDate Sep<11>2014 17:27 Dec 16, 2020 Jkt 253001 most recent 5-year status reviews and Jones (2015) memos as well as NMFS staff contact information to obtain any additional supporting information. Comment 26—ESA Compliance: Several commenters stated that the proposed rule does not comply with the requirements of section 4 of the ESA and requested that we re-issue the proposed rule and re-open for public comment. Commenters also stated that to update the list of hatchery programs included with listed ESU/DPSs, NMFS must engage in consultation under section 7(a)(2) of the ESA. Response: As noted in the Background section above, in accordance with section 4(c)(2)(A) of the ESA, we completed our most recent 5year reviews of the status of ESA-listed salmon ESUs and steelhead DPSs in California, Oregon, Idaho, and Washington in 2016 (81 FR 33468, May 26, 2016). At that time, we evaluated hatchery stocks associated with the relevant ESUs/DPS as part of a hatchery program review (Jones 2015), which in turn informed the overall ESA status reviews. Our evaluation addressed a number of factors regarding hatchery fish, including the degree of known or inferred genetic divergence between the hatchery stock and the local natural population(s) as well as the role and impacts of hatchery programs on key viability parameters such as abundance, productivity, spatial structure, and diversity. As a result of those 2016 status reviews, we concluded that the species membership of several salmonid hatchery programs warranted revision and advised the public that we would make those revisions through a subsequent rulemaking (i.e., this Federal Register document). ESA sections 4 and 7 serve different purposes. Under section 4, NMFS determines whether a species should be listed as endangered or threatened based on section 4’s standards. Under ESA section 7, Federal agencies must engage in consultation with NMFS or the FWS prior to authorizing, funding, or carrying out actions that may affect listed species. It would not make sense for NMFS to carry out section 7 consultation over whether to list a species, as section 7 only applies to species that are already listed. Comment 27—National Environmental Policy Act (NEPA) Compliance: Multiple commenters stated that the proposed rule violates NEPA and NMFS must prepare an Environmental Impact Statement (EIS). Response: ESA listing decisions are non-discretionary actions by the agency which are exempt from the requirement to prepare an environmental assessment PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 or EIS under NEPA. See NOAA Administrative Order 216 6.03(e)(1) and Pacific Legal Foundation v. Andrus, 675 F. 2d 825 (6th Cir. 1981). Summary of Changes Made Between the Proposed and Final Rules Please refer to the proposed rule (81 FR 72759) for details on the rationale for our decision for each affected hatchery program. We carefully considered all comments received in response to the proposed rule and, as a result, have made the appropriate changes in this final rule. Below we summarize the changes made between the proposed and final rules. Threatened Species at 50 CFR 223.102 Revisions to Threatened Species Descriptions Salmon, Chinook (Puget Sound ESU) In response to the proposed rule we received numerous comments requesting name changes to listed hatchery programs to ensure consistency with HGMPs. A few comments corrected errors we had made in the proposed rule. In response to these comments, we made the following changes between the proposed and final rules: (1) We had proposed updating the name of the Keta Creek Hatchery Program to the Fish Restoration Facility Program. Instead, we are removing the Keta Creek Hatchery Program from listing, as it never existed and was previously listed in error. However, we are adding the Fish Restoration Facility Program, which is a new program. (2) We had proposed to add the Bernie Kai-Kai Gobin (Tulalip) Hatchery-Skykomish Program. We want to correct the description of this action. This update is not the addition of a new program but rather a program name change from the existing Tulalip Bay Program to the Bernie Kai-Kai Gobin (Tulalip) Hatchery-Skykomish Program. (3) We had proposed updating the name of the Harvey Creek Hatchery Program to the Brenner Creek Hatchery Program. In fact, the Harvey Creek and Brenner Creek hatchery programs are two distinct programs based on geography and run-timing. The Harvey Creek Hatchery Program (summer-run and fall-run) was already listed as part of the ESU. The updated listing language will better describe these programs as the Harvey Creek Hatchery Program (summer-run), and the now distinct Brenner Creek Hatchery Program (fall-run). (4) We are changing the name of the Marblemount Hatchery Program (springrun subyearlings and summer-run). This E:\FR\FM\17DER1.SGM 17DER1 81829 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations considered to be part of the listed Imnaha River Program. (2) We proposed to add the Dollar Creek Program. We will be adding this new program, but it will be named the South Fork Salmon River Eggbox Program. program is now considered to be two distinct programs: The Marblemount Hatchery Program (spring-run) and Marblemount Hatchery Program (summer-run). This name change was not described in the proposed rule. (5) We are changing the names of several other programs and these changes were not described in the proposed rule. We are changing the names of: The Whitehorse Springs Pond Program to the Whitehorse Springs Hatchery Program (summer-run); the Diru Creek Program to the Clarks Creek Hatchery Program; the Issaquah Hatchery Program to the Issaquah Creek Hatchery Program; the White Acclimation Pond Program to the White River Acclimation Pond Program; the Clear Creek Program to the Clear Creek Hatchery Program; and the Kalama Creek Program to the Kalama Creek Hatchery Program. (6) There was a typographical error in the proposed rule referring to the ‘‘Hamma Hatchery Program.’’ The correct name for this program is the Hamma Hamma Hatchery Program. Salmon, Coho (Lower Columbia River ESU) We are making two changes that differ from those described in the proposed rule. (1) We removed the Kalama River Type-S Coho Program because it was terminated. (2) The North Fork Toutle River Hatchery Program will now be named the North Fork Toutle River Type-S Hatchery Program. Steelhead (Puget Sound DPS) We are changing the name of the Hood Canal Steelhead Supplementation Off-station Projects in the Dewatto, Skokomish, and Duckabush Rivers Program to the Hood Canal Supplementation Program. Salmon, Chinook (Snake River Spring/ Summer-Run ESU) We are making two changes that differ from those described in the proposed rule. (1) We proposed updating the name of the Big Sheep Creek Program to the Big Sheep Creek-Adult outplanting from Imnaha Program. Instead, we are removing this program from listing as a separate program, because it is now Steelhead (Snake River Basin DPS) We are making three changes that differ from those described in the proposed rule. (1) We are adding the South Fork Clearwater Hatchery Program, as proposed, but we correct the name for this program to be the South Fork Clearwater (Clearwater Hatchery) B-run Program. (2) We are removing the individual listings of the Lolo Creek Program and the North Fork Clearwater Program, because they are now considered to be part of the listed Dworshak National Fish Hatchery Program. (3) We had proposed to add the Squaw Creek, Yankee Fork, and Pahsimeroi River Programs as discrete programs. In fact, these releases of listed hatchery fish are considered to be part of the Salmon River B-run Program and so we are not listing these tributary release sites as individual programs. Endangered Species at 50 CFR 224.101 Revisions to Endangered Species Descriptions Salmon, Chinook (Upper Columbia River Spring-Run ESU) We are adding the new Chief Joseph spring Chinook Hatchery Program (Okanogan release). For further explanation, see Issue—Winthrop National Fish Hatchery Program and Okanogan NEP in the response to comments, above. Salmon, Sockeye (Snake River ESU) In the proposed rule we recommended minor changes in terminology to standardize species descriptions in regulations, but we did not propose any changes in hatchery programs included in this ESU. In response to comments, we are adding the Snake River Sockeye Salmon Hatchery Program. In Table 1 we summarize this final rule’s revisions to hatchery programs associated with listed species descriptions for Pacific salmon and steelhead species listed under the ESA. TABLE 1—WEST COAST SALMON AND STEELHEAD HATCHERY PROGRAMS ADDRESSED IN THIS FINAL RULE ESU/DPS (listing status), and name of hatchery program Run timing Location of release (watershed, state) Type of update Lower Columbia River Chinook salmon (Threatened): Klaskanine Hatchery Program ............... Fall (Tule) ........... Klaskanine River (OR) ............. Add ..................... Deep River Net Pens-Washougal Program. Bonneville Hatchery Program ................ Fall (Tule) ........... Deep River (WA) ..................... Add ..................... Fall (Tule) ........... Add ..................... Cathlamet Channel Net Pens Program Spring ................. Lower Columbia River Gorge (OR). Lower Columbia River (WA/ OR). Spring ................. Cascade River (WA) ................ Name Change .... Marblemount Hatchery Program (summer-run). Summer .............. Skagit River (WA) .................... Name Change .... Harvey Creek Hatchery Program (summer-run). Brenner Creek Hatchery Program (fallrun). Whitehorse Springs Hatchery Program (summer-run). Issaquah Creek Hatchery Program ....... Summer .............. Stillaguamish River (WA) ......... Name Change .... Fall ...................... Stillaguamish River (WA) ......... Add ..................... Summer .............. Stillaguamish River (WA) ......... Name Change .... Fall ...................... Sammamish River (WA) .......... Name Change .... White River Acclimation Pond Program Spring ................. White River (WA) ..................... Name Change .... Puget Sound Chinook salmon (Threatened): Marblemount Hatchery Program (springrun). VerDate Sep<11>2014 17:27 Dec 16, 2020 Jkt 253001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 Add ..................... E:\FR\FM\17DER1.SGM Reason for update Existing release now classified rate and distinct program. Existing release now classified rate and distinct program. Existing release now classified rate and distinct program. Existing release now classified rate and distinct program. as a sepaas a sepaas a sepaas a sepa- Previously listed as Marblemount Hatchery Program (spring subyearlings and summer-run). Previously listed as Marblemount Hatchery Program (spring subyearlings and summer-run). Previously listed as Harvey Creek Hatchery (summer-run and fall-run). Existing release now classified as a separate and distinct program. Previously listed as Whitehorse Springs Pond Program. Previously listed as Issaquah Hatchery Program. Previously listed as White Acclimation Pond Program. 17DER1 81830 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations TABLE 1—WEST COAST SALMON AND STEELHEAD HATCHERY PROGRAMS ADDRESSED IN THIS FINAL RULE—Continued ESU/DPS (listing status), and name of hatchery program Run timing Location of release (watershed, state) Type of update Clarks Creek Hatchery Program ............ Fall ...................... Puyallup River (WA) ................ Name Change .... Clear Creek Hatchery Program ............. Kalama Creek Hatchery Program .......... Bernie Kai-Kai Gobin (Tulalip) HatcherySkykomish Program. Bernie Kai-Kai Gobin (Tulalip) HatcheryCascade Program. Soos Creek Hatchery Program (Subyearlings and Yearlings). Fall ...................... Fall ...................... Summer .............. Name Change .... Name Change .... Name Change .... Add ..................... New program. Fall ...................... Nisqually River (WA) ............... Nisqually River (WA) ............... Skykomish River/Tulalip Bay (WA). Snohomish River/Tulalip Bay (WA). Green River (WA) .................... Previously listed Program. Previously listed Previously listed Previously listed Name Change .... Icy Creek Hatchery ................................ Fall ...................... Green River (WA) .................... Remove .............. Keta Creek Hatchery Program ............... N/A ..................... Green River (WA) .................... Remove .............. Fish Restoration Facility Program .......... Hupp Springs Hatchery-Adult Returns to Minter Creek Program. Rick’s Pond Hatchery ............................. Sacramento River winter-run Chinook salmon (Endangered): Livingston Stone National Fish Hatchery (Supplementation and Captive Broodstock). Snake River fall-run Chinook salmon (Threatened): Idaho Power Program ............................ Fall ...................... Spring ................. Green River (WA) .................... Minter Creek, Carr Inlet (WA) .. Add ..................... Name Change .... Fall ...................... Skokomish River (WA) ............ Remove .............. Previously listed as two programs: the Soos Creek Hatchery Subyearlings Program and the Soos Creek Hatchery Yearlings Program. Program now considered part of the listed Soos Creek Hatchery Program. Program never existed and was previously listed in error. New program. Previously listed as Hupp Springs Hatchery Program. Program terminated. Winter ................. Sacramento River (CA) ........... Add ..................... New program. Fall ...................... Salmon River (ID) .................... Name Change .... Previously listed as Oxbow Hatchery Program. Existing release now classified as a separate and distinct program. New program. New program. Program now considered part of the listed Imnaha River Program. Spring ................. Reason for update as Diru Creek Hatchery as Clear Creek Program. as Kalama Creek Program. as Tulalip Bay Program. Snake River spring/summer-run Chinook salmon (Threatened): South Fork Salmon River Eggbox Program. Panther Creek Program ......................... Yankee Fork Program ............................ Big Sheep Creek Program ..................... Summer .............. South Fork Salmon River (ID) Add ..................... Spring/Summer .. Spring/Summer .. Spring/Summer .. Salmon River (ID) .................... Yankee Fork (ID) ..................... Imnaha River (OR) .................. Add ..................... Add ..................... Remove .............. Upper Columbia River spring-run Chinook salmon (Endangered): Nason Creek Program ........................... Chewuch River Program ........................ Spring ................. Spring ................. Wenatchee River (WA) ............ Chewuch River (WA) ............... Add ..................... Remove .............. Chief Joseph spring Chinook Hatchery Program (Okanogan release). Upper Willamette River Chinook salmon (Threatened): McKenzie River Hatchery Program ....... Spring ................. Okanogan (WA) ....................... Add ..................... Spring ................. McKenzie River (OR) ............... Name Change .... North Santiam River Program ................ Spring ................. North Fork Santiam River (OR) Name Change .... Molalla River Program ........................... Spring ................. Molalla River (OR) ................... Name Change .... South Santiam River Program ............... Spring ................. South Fork Santiam River (OR). Name Change .... Willamette Hatchery Program ................ Spring ................. Name Change .... Clackamas Hatchery Program ............... Spring ................. Middle Fork Willamette River (OR). Clackamas River (OR) ............. Name Change .... Fall ...................... Big Creek (OR) ........................ Add ..................... New program. Summer .............. Summer .............. Hamma Hamma River (WA) .... Sequim Bay (WA) .................... Remove .............. Remove .............. Program terminated. Program terminated. N/A ..................... SF Klaskanine River (OR) ....... Add ..................... N/A ..................... Youngs Bay (OR) .................... Add ..................... N/A ..................... N/A ..................... Kalama River (WA) .................. Big Creek (OR) ........................ Remove .............. Name Change .... Late .................... Sandy River (OR) .................... Name Change .... Existing release now classified as a separate and distinct program. Existing release now classified as a separate and distinct program. Program terminated. Previously listed as Big Creek Hatchery Program (ODFW Stock #13). Previously listed as Sandy Hatchery Program (ODFW Stock #11). Columbia River chum salmon (Threatened): Big Creek Hatchery Program ................. Hood Canal summer-run chum salmon (Threatened): Hamma Hamma Fish Hatchery Program Jimmycomelately Creek Fish Hatchery Program. Lower Columbia River coho salmon (Threatened): Clatsop County Fisheries/Klaskanine Hatchery. Clatsop County Fisheries Net Pen Program. Kalama River Type-S Coho Program .... Big Creek Hatchery Program ................. Sandy Hatchery Program ....................... VerDate Sep<11>2014 17:27 Dec 16, 2020 Jkt 253001 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\17DER1.SGM New program. Program now considered part of the listed Methow Composite Program. New program. Previously listed as McKenzie River Hatchery Program (ODFW Stock #23). Previously listed as Marion Forks Hatchery/ North Fork Santiam Hatchery Program (ODFW Stock #21). Previously listed as South Santiam Hatchery Program (ODFW Stock #24) in the South Fork Santiam River and Mollala River. Previously listed as South Santiam Hatchery Program (ODFW Stock #24) in the South Fork Santiam River and Mollala River. Previously listed as Willamette Hatchery Program (ODFW Stock #22). Previously listed as Clackamas Hatchery Program (ODFW Stock #19). 17DER1 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations 81831 TABLE 1—WEST COAST SALMON AND STEELHEAD HATCHERY PROGRAMS ADDRESSED IN THIS FINAL RULE—Continued ESU/DPS (listing status), and name of hatchery program Run timing Bonneville/Cascade/Oxbow Complex Hatchery Program. N/A ..................... North Fork Toutle River Type-S Hatchery Program. Oregon Coast coho salmon (Threatened): Cow Creek Hatchery Program ............... Southern Oregon/Northern California Coast coho salmon ESU (Threatened): Cole Rivers Hatchery Program .............. Ozette Lake sockeye (Threatened): Umbrella Creek/Big River Hatcheries Program. Snake River sockeye (Endangered): Snake River Sockeye Salmon Hatchery Program. California Central Valley steelhead (Threatened): Mokelumne River Hatchery .................... Lower Columbia River steelhead (Threatened): Clackamas Hatchery Late Winter-run Program. Sandy Hatchery Late Winter-run Program. Hood River Winter-run Program ............ Location of release (watershed, state) Type of update Reason for update Lower Columbia River Gorge (OR). Name Change .... N/A ..................... North Fork Toutle River ........... Name Change .... Previously listed as Bonneville/Cascade/ Oxbow Complex (ODFW Stock #14) Hatchery. Previously listed as North Fork Toutle River Hatchery Program. N/A ..................... South Fork Umpqua River (OR). Name Change .... Previously listed as Cow Creek Hatchery Program (ODFW Stock #18). N/A ..................... Rogue River (OR) .................... Name Change .... Previously listed as Cole Rivers Hatchery Program (ODFW Stock #52). N/A ..................... Lake Ozette (WA) .................... Name Change .... Previously listed as two programs: The Umbrella Creek Hatchery Program and the Big River Hatchery Program. N/A ..................... Upper Salmon River (ID) ......... Add ..................... New program. Winter ................. Mokelumne River (CA) ............ Add ..................... New program. Late Winter ......... Clackamas River (OR) ............. Name Change .... Late Winter ......... Sandy River (OR) .................... Name Change .... Winter ................. Hood River (OR) ...................... Name Change .... Previously listed as Clackamas Hatchery Late Winter-run Program (ODFW Stock #122). Previously listed as Sandy Hatchery Late Winter-run Program (ODFW Stock #11). Previously listed as Hood River Winter-run Program (ODFW Stock #50). New program. New program. Upper Cowlitz River Wild Program ........ Tilton River Wild Program ...................... Middle Columbia River steelhead (Threatened): Deschutes River Program ...................... Late Winter ......... Late Winter ......... Upper Cowlitz River (WA) ....... Upper Cowlitz River (WA) ....... Add ..................... Add ..................... Summer .............. Deschutes River (OR) ............. Name Change .... Umatilla River Program .......................... Summer .............. Umatilla River (OR) ................. Name Change .... Puget Sound steelhead (Threatened): Fish Restoration Facility Program .......... Hood Canal Supplementation Program Winter ................. Winter ................. Green River (WA) .................... Hood Canal (WA) .................... Add ..................... Name Change .... New program. Previously listed as Hood Canal Steelhead Supplementation Off-station Projects in the Dewatto, Skokomish, and Duckabush Rivers. Snake River Basin steelhead (Threatened): Salmon River B-run Program ................. Summer (B) ........ Salmon River (ID) .................... Add ..................... South Fork Clearwater (Clearwater Hatchery) B-run program. East Fork Salmon River Natural Program. Lolo Creek Program ............................... Summer (B) ........ SF Clearwater River (ID) ......... Add ..................... Summer (A) ........ Salmon River (ID) .................... Name Change .... Summer (B) ........ Clearwater River (ID) ............... Remove .............. North Fork Clearwater Program ............. Summer (B) ........ Clearwater River (ID) ............... Remove .............. Little Sheep Creek/Imnaha River Program. Summer (A) ........ Imnaha River (OR) .................. Name Change .... Existing release now classified as a separate and distinct program. Existing release now classified as a separate and distinct program. Previously listed as East Fork Salmon River Program. Now considered part of the listed Dworshak National Fish Hatchery Program. Now considered part of the listed Dworshak National Fish Hatchery Program. Previously listed as Little Sheep Creek/ Imnaha River Hatchery Program (ODFW Stock #29). Summer .............. Okanogan River (WA) ............. Name Change .... Upper Columbia River steelhead (Threatened): Okanogan River Program ...................... Previously listed as Deschutes River Program (ODFW Stock #66). Previously listed as Umatilla River Program (ODFW Stock #91). Previously listed as Omak Creek Program. Note: Updates to listing descriptions consist of three types: ‘‘Add’’ (a new program that meets Hatchery Listing Policy criteria, or an existing program that was divided into separate programs); ‘‘Remove’’ (a program terminated or now considered to be part of another listed program); or ‘‘Name Change’’ (a change to the name of a hatchery program that already was listed). N/A indicates that run-timing is not specified for the program. References Classification Copies of previous Federal Register notices and related reference materials are available on the internet at https:// www.fisheries.noaa.gov/rules-andregulations, http:// www.westcoast.fisheries.noaa.gov/, or upon request (see FOR FURTHER INFORMATION CONTACT section above). Executive Order 12866, Regulatory Flexibility Act, and Paperwork Reduction Act VerDate Sep<11>2014 17:27 Dec 16, 2020 Jkt 253001 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 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 requirements of the Regulatory Flexibility Act are not applicable to the listing process. In addition, this final rule is exempt from review under Executive Order 12866. This rule does not contain a collection of information requirement for the purposes of the Paperwork Reduction Act. E:\FR\FM\17DER1.SGM 17DER1 81832 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations Federalism In accordance with Executive Order 13132, we determined that this 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 final rule will be shared with the relevant state agencies. The revisions may have some benefit to state and local resource agencies in that the ESA-listed species addressed in this rulemaking are more clearly and consistently described. Civil Justice Reform The Department of Commerce has determined that this final rule does not unduly burden the judicial system and meets the requirements of sections 3(a) and 3(b)(2) of Executive Order 12988. In keeping with that order, we are revising our descriptions of ESA-listed species to improve the clarity of our regulations. communities of Indian tribal governments and imposes substantial direct compliance costs on those communities, NMFS must consult with those governments or the Federal Government must provide the funds necessary to pay the direct compliance costs incurred by the tribal governments. This final rule does not impose substantial direct compliance costs on Indian tribal governments or communities. Accordingly, the requirements of section 3(b) of Executive Order 13084 do not apply to this final rule. Nonetheless, during our preparation of the proposed and final rules, we solicited information from tribal governments and tribal fish commissions. We informed potentially affected tribal governments of the proposed rule and considered their comments in formulation of the final rule. We will continue to coordinate on future management actions pertaining to the listed species addressed in this final rule. List of Subjects National Environmental Policy Act of 1969 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. (See NOAA Administrative Order 216–6.) 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. Government-to-Government Relationship With Tribes Dated: November 23, 2020. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. Executive Order 13084 requires that if NMFS issues a regulation that significantly or uniquely affects the For the reasons set out in the preamble, we amend 50 CFR parts 223 and 224 as follows: Scientific name * VerDate Sep<11>2014 17:27 Dec 16, 2020 * Jkt 253001 PO 00000 Frm 00052 * Fishes Fmt 4700 Sfmt 4700 Authority: 16 U.S.C. 1531 1543; subpart B, § 223.201–202 also issued under 16 U.S.C. 1361 et seq.; 16 U.S.C. 5503(d) for § 223.206(d)(9). 2. 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/ 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: ■ § 223.102 Enumeration of threatened marine and anadromous species. * * (e) * * * * Citation(s) for listing determination(s) Description of listed entity * 1. The authority citation for part 223 continues to read as follows: ■ * Species 1 Common name PART 223—THREATENED MARINE AND ANADROMOUS SPECIES * E:\FR\FM\17DER1.SGM * 17DER1 * Critical habitat * ESA rules Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations Species 1 Common name Scientific name * Salmon, Chinook (Lower Columbia River ESU). * Oncorhynchus tshawytscha. Salmon, Chinook (Puget Sound ESU). Oncorhynchus tshawytscha. Salmon, Chinook (Snake River fall-run ESU). Oncorhynchus tshawytscha. VerDate Sep<11>2014 17:27 Dec 16, 2020 Jkt 253001 Description of listed entity * * * 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. 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-run); Marblemount Hatchery Program (summer-run); Brenner Creek Hatchery Program (fall-run); Harvey Creek Hatchery Program (summer-run); Whitehorse Springs Hatchery Program (summer-run); Wallace River Hatchery Program (yearlings and subyearlings); Issaquah Creek Hatchery Program; White River Hatchery Program; White River Acclimation Pond Program; Voights Creek Hatchery Program; Clarks Creek Hatchery Program; Clear Creek Hatchery Program; Kalama Creek Hatchery Program; George Adams Hatchery Program; Hamma Hamma Hatchery Program; Dungeness/Hurd Creek Hatchery Program; Elwha Channel Hatchery Program; Skookum Creek Hatchery Springrun Program; Bernie Kai-Kai Gobin (Tulalip) Hatchery-Cascade Program; North Fork Skokomish River Spring-run Program; Soos Creek Hatchery Program (subyearlings and yearlings); Fish Restoration Facility Program; Bernie Kai-Kai Gobin (Tulalip) Hatchery-Skykomish Program; and 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, fallrun 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. PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 Citation(s) for listing determination(s) Critical habitat 81833 ESA rules * 70 FR 37160, June 28, 2005. * 226.212 223.203 70 FR 37160, June 28, 2005. 226.212 223.203 70 FR 37160, June 28, 2005. 226.205 223.203 E:\FR\FM\17DER1.SGM 17DER1 81834 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations Species 1 Common name Scientific name Salmon, Chinook (Snake River spring/summer-run ESU). Oncorhynchus tshawytscha. Salmon, Chinook (Upper Willamette River ESU). Oncorhynchus tshawytscha. * Salmon, chum (Columbia River ESU). * Oncorhynchus keta ......... Salmon, chum (Hood Canal summer-run ESU). Oncorhynchus keta ......... Salmon, coho (Lower Columbia River ESU). Oncorhynchus kisutch ..... Salmon, coho (Oregon Coast ESU). Oncorhynchus kisutch ..... Salmon, coho (Southern Oregon/Northern California Coast ESU). Oncorhynchus kisutch ..... VerDate Sep<11>2014 17:27 Dec 16, 2020 Jkt 253001 Description of listed entity Citation(s) for listing determination(s) Critical habitat ESA rules 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; South For Salmon River Eggbox Program; and the Panther Creek 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. 70 FR 37160, June 28, 2005. 226.205 223.203 70 FR 37160, June 28, 2005. 226.212 223.203 * * * 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. 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 SalmonTrout 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 TypeS Hatchery Program; Kalama River Type-N 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. * 70 FR 37160, June 28, 2005. * 226.212 223.203 70 FR 37160, June 28, 2005. 226.212 223.203 70 FR 37160, June 28, 2005. 226.212 223.203 76 FR 35755, June 20, 2011. 226.212 223.203 70 FR 37160, June 28, 2005. 226.210 223.203 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\17DER1.SGM 17DER1 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations Species 1 Common name Citation(s) for listing determination(s) Critical habitat 81835 ESA rules Scientific name Description of listed entity Salmon, sockeye (Ozette Lake ESU). Oncorhynchus nerka ....... 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. 70 FR 37160, June 28, 2005. 226.212 223.203 * Steelhead (California Central Valley DPS). * Oncorhynchus mykiss ..... * 71 FR 834, Jan. 5, 2006 * 226.211 223.203 Steelhead (Central California Coast DPS). Oncorhynchus mykiss ..... 71 FR 834, Jan. 5, 2006 226.211 223.203 Steelhead (Lower Columbia River DPS). Oncorhynchus mykiss ..... 71 FR 834, Jan. 5, 2006 226.212 223.203 Steelhead (Middle Columbia River DPS). Oncorhynchus mykiss ..... * * * 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 Laterun Winter Steelhead Program; Upper Cowlitz Wild Program; and the Tilton River Wild Program. Naturally spawned anadromous O. mykiss (steelhead) originating below natural and manmade impassable barriers from the Columbia River and its tributaries upstream of the Wind and Hood Rivers (exclusive) to and including the Yakima River; excludes such fish originating from the Snake River basin. This DPS 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 226.212 223.203 * Steelhead (Puget Sound 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 Supplementation Program; Lower Elwha Fish Hatchery Wild Steelhead Recovery Program; and the Fish Restoration Facility Program. * 72 FR 26722, May 11, 2007. * 226.212 223.203 VerDate Sep<11>2014 17:27 Dec 16, 2020 Jkt 253001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\17DER1.SGM 17DER1 81836 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations Species 1 Common name Citation(s) for listing determination(s) Critical habitat ESA rules Scientific name Description of listed entity Steelhead (Snake River Basin DPS). Oncorhynchus mykiss ..... 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; East Fork Salmon River Natural Program; Little Sheep Creek/Imnaha River Hatchery Program; Salmon River B-run Program; and the South Fork Clearwater (Clearwater Hatchery) B-run Program. 71 FR 834, Jan. 5, 2006 226.212 223.203 * Steelhead (Upper 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 Yakima River to the U.S.-Canada border. Also, steelhead from the following artificial propagation programs: The Wenatchee River Program; Wells Complex Hatchery Program (in the Methow River); Winthrop National Fish Hatchery Program; Ringold Hatchery Program; and the Okanogan River Program. * 71 FR 834, Jan. 5, 2006 * 226.212 223.203 * * * * * * * 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 4. In § 224.101, amend the table in paragraph (h) by revising the entries for ‘‘Salmon, Chinook (Sacramento River winter-run ESU)’’; ‘‘Salmon, Chinook (Upper Columbia River spring-run ESU)’’; ‘‘Salmon, coho (Central ■ 3. The authority citation for part 224 continues to read as follows: ■ Species 1 Common name Scientific name * * * Salmon, Chinook (Sacramento River winter-run ESU). * Oncorhynchus tshawytscha. Salmon, Chinook (Upper Columbia River springrun ESU). Oncorhynchus tshawytscha. Salmon, coho (Central California Coast ESU). Oncorhynchus kisutch ..... Salmon, sockeye (Snake River ESU). Oncorhynchus nerka ....... VerDate Sep<11>2014 17:27 Dec 16, 2020 Jkt 253001 * Fishes Frm 00056 Fmt 4700 Sfmt 4700 * * * (h) * * * * * * * 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; Chief Joseph spring Chinook Hatchery Program (Okanogan release); 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 and the Snake River Sockeye Salmon Hatchery Program. PO 00000 § 224.101 Enumeration of endangered marine and anadromous species. * Citation(s) for listing determination(s) Description of listed entity * California Coast ESU);’’ and ‘‘Salmon, sockeye (Snake River ESU)’’ to read as follows: * * Critical habitat ESA rules * * 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 E:\FR\FM\17DER1.SGM 17DER1 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations Species 1 Common name Scientific name * Citation(s) for listing determination(s) Description of listed entity * * * * * Critical habitat 81837 ESA rules * 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. 2020–26287 Filed 12–16–20; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 180117042–8884–02; RTID 0648–XA672] Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS closes the Atlantic bluefin tuna (BFT) General category fishery for the December subquota period, and thus for the remainder of 2020. The intent of this closure is to prevent further overharvest of the adjusted December subquota, and the overall adjusted General category quota. DATES: Effective 11:30 p.m., local time, December 14, 2020, through December 31, 2020. FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 978–281–9260, Nicholas Velseboer 978–675–2168, or Larry Redd, 301–427–8503. SUPPLEMENTARY INFORMATION: Regulations implemented under the authority of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of BFT by persons and vessels subject to U.S. jurisdiction are found at 50 CFR part 635. Section 635.27 subdivides the U.S. BFT quota recommended by the International Commission for the Conservation of Atlantic Tunas (ICCAT) among the various domestic fishing categories, per the allocations established in the 2006 Consolidated Highly Migratory Species Fishery Management Plan (2006 Consolidated HMS FMP) (71 FR 58058, October 2, 2006) and amendments, and in SUMMARY: VerDate Sep<11>2014 17:27 Dec 16, 2020 Jkt 253001 accordance with implementing regulations. Under § 635.28(a)(1), NMFS files a closure notice with the Office of the Federal Register for publication when a BFT quota (or subquota) is reached or is projected to be reached. Retaining, possessing, or landing BFT under that quota category is prohibited on and after the effective date and time of a closure notice for that category, for the remainder of the fishing year, until the opening of the subsequent quota period or until such date as specified. The baseline General category quota is 555.7 mt. See § 635.27(a). Each of the General category time periods (January, June through August, September, October through November, and December) is allocated a ‘‘subquota’’ or portion of the annual General category quota. The baseline subquotas for each time period are as follows: 29.5 mt for January; 277.9 mt for June through August; 147.3 mt for September; 72.2 mt for October through November; and 28.9 mt for December. Closure of the December 2020 General Category Fishery NMFS has determined that the General category December subquota of 28.9 mt has been reached and exceeded (i.e., 32.7 mt have been landed as of December 14, 2020), as has the overall adjusted General category quota of 846.5 mt, and that the fishery should be closed. Through this action, we are closing the General category BFT fishery effective 11:30 p.m., December 14, 2020, through December 31, 2020. Therefore, retaining, possessing, or landing large medium or giant BFT by persons aboard vessels permitted in the Atlantic tunas General category and HMS Charter/ Headboat category (while fishing commercially) must cease at 11:30 p.m. local time on December 14, 2020. The General category will reopen automatically on January 1, 2021, for the January 2021 subquota period. This action applies to those vessels permitted in the General category, as well as to those HMS Charter/Headboat permitted vessels with a commercial sale endorsement when fishing commercially for BFT, and is taken consistent with the regulations at § 635.28(a)(1). The intent of this closure is to prevent further overharvest of the PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 adjusted December subquota, and the adjusted 2020 General category quota. Fishermen may catch and release (or tag and release) BFT of all sizes, subject to the requirements of the catch-andrelease and tag-and-release programs at § 635.26. All BFT that are released must be handled in a manner that will maximize their survival, and without removing the fish from the water, consistent with requirements at § 635.21(a)(1). For additional information on safe handling, see the ‘‘Careful Catch and Release’’ brochure available at https:// www.fisheries.noaa.gov/resource/ outreach-and-education/careful-catchand-release-brochure/. Monitoring and Reporting Dealers are required to submit landings reports within 24 hours of a dealer receiving BFT. Late reporting by dealers compromises NMFS’ ability to timely implement actions such as quota and retention limit adjustment, as well as closures, and may result in enforcement actions. Additionally, and separate from the dealer reporting requirement, General and HMS Charter/ Headboat category vessel owners are required to report the catch of all BFT retained or discarded dead within 24 hours of the landing(s) or end of each trip, by accessing hmspermits.noaa.gov, using the HMS Catch Reporting app, or calling (888) 872–8862 (Monday through Friday from 8 a.m. until 4:30 p.m.). NMFS will need to account for 2020 landings and dead discards within the adjusted U.S. quota, consistent with ICCAT recommendations, and anticipates having sufficient quota to do that based on anticipated underharvest due to landings of some quota categories being substantially less than the available quotas for those categories.’’ Could add ‘‘(e.g., the Purse Seine, Trap, and Longline categories). Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is taken pursuant to regulations at 50 CFR part 635, which were issued pursuant to section 304(c) of the Magnuson-Stevens Act and the Atlantic Tunas Convention Act, and is E:\FR\FM\17DER1.SGM 17DER1

Agencies

[Federal Register Volume 85, Number 243 (Thursday, December 17, 2020)]
[Rules and Regulations]
[Pages 81822-81837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26287]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 223 and 224

[Docket No. 201123-0313; RTID 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: Final rule.

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

SUMMARY: We, NMFS, announce updates to the descriptions of Pacific 
salmon and steelhead (Oncorhynchus spp.)

[[Page 81823]]

species that are currently listed as threatened or endangered under the 
Endangered Species Act of 1973 (ESA). Updates 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 changes 
are informed by our most recent ESA 5-year reviews, which were 
completed in 2016. We are not changing the ESA-listing status of any 
species under NMFS's jurisdiction, or modifying any critical habitat 
designation. The updates also include minor changes in terminology to 
standardize species descriptions.

DATES: This final rule is effective December 17, 2020.

ADDRESSES: NMFS, Protected Resources Division, 1201 NE Lloyd Boulevard, 
Suite 1100, Portland, OR 97232.

FOR FURTHER INFORMATION CONTACT: Robert Markle, NMFS, West Coast 
Region, Protected Resources Division, 1201 NE Lloyd Blvd., Suite 1100, 
Portland, OR 97232, by phone at (503) 230-5433, or by email at 
[email protected]. You may also contact Maggie Miller, NMFS, 
Office of Protected Resources, (301) 427-8403. Copies of the 5-year 
status reviews can be found on our website at https://www.fisheries.noaa.gov/action/2016-5-year-reviews-28-listed-species-pacific-salmon-steelhead-and-eulachon.

SUPPLEMENTARY INFORMATION:

Background

    Section 4 of the ESA provides for 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's jurisdiction and species under FWS's 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).'' Steelhead are listed as DPSs and 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. 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) guides 
our analysis of whether individual hatchery programs should be included 
as part of the listed species. The Hatchery Listing Policy states that 
hatchery programs 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 
applying the Hatchery Listing Policy, we use a variety of sources to 
reach conclusions about divergence.
    Section 4(c)(2)(A) of 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)). We completed our most recent 5-year review of the status 
of ESA-listed salmon ESUs and steelhead DPSs in California, Oregon, 
Idaho, and Washington in 2016 (81 FR 33468, May 26, 2016). As part of 
the 5-year review, we reviewed the classification of all West Coast 
salmon and steelhead hatchery programs, guided by our Hatchery Listing 
Policy. We considered 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). A NMFS internal memorandum (Jones 2015) explains the 
results of our hatchery program review. Jones (2015) found that, based 
on the best scientific evidence available, some hatchery programs 
should be reclassified, that is, added to or removed from the 
description of the relevant ESUs/DPSs.
    On October 21, 2016, we proposed to revise the NMFS Lists based on 
the aforementioned review and we solicited public comments (81 FR 
72759). The proposed revisions to listed species descriptions included:
    (1) Adding new hatchery programs that meet the Hatchery Listing 
Policy criteria for inclusion, or adding programs that resulted from 
dividing existing listed hatchery programs into separate programs with 
new names;
    (2) Removing hatchery programs that have been terminated and do not 
have any fish remaining from the program, or removing previously listed 
hatchery programs that were subsumed by another listed program;
    (3) Revising some hatchery program names for clarity or to 
standardize conventions for naming programs; and
    (4) Making minor changes in terminology to standardize species 
descriptions.
    The approach we used in the proposed rule and this final rule to 
determine which hatchery programs are included within an ESU or DPS is 
consistent with the approach taken in the 2016 status review. That is, 
as part of our status reviews, we reviewed hatchery programs under our 
Hatchery Listing Policy and concluded that some changes to the list of 
hatchery programs included in certain ESUs and DPSs were warranted. 
Those changes included updates to hatchery program names as well as the 
inclusion of new programs and the removal of programs that had been 
discontinued. However, as indicated in the 2016 status review, none of 
these changes resulted in a change to the listing status of an ESU or 
DPS because none of the changes affected the extinction risk of the ESU 
or DPS.

Comments Received in Response to the Proposed Rule and Responses

    We received 23 comments on the proposed rule via 
www.regulations.gov, letter, or email. These comments were submitted by 
individuals, state agencies, non-governmental organizations, and tribes 
or tribal representatives. Many of the submissions included similar 
comments, and several were form letters. We reviewed all comments for 
substantive issues or new information and identified several broad 
issues of concern. In the text below we have organized comments by 
major issue categories, summarized the comments for brevity and 
clarity, and addressed similar comments with common responses where 
possible. After considering all comments, we made changes or 
clarifications in the final rule as explained below.
    Comment 1--Genetic and Ecological Risk of Hatchery Programs: 
Numerous commenters stated their opposition to the release of hatchery 
fish into areas with natural populations. They also opposed adding new 
hatchery programs

[[Page 81824]]

to ESA-listed ESUs or DPSs. Commenters stated that NMFS is failing to 
adequately address the deleterious genetic and ecological effects of 
hatchery fish, and requested that we convene a panel of experts to 
revise and update our Hatchery Listing Policy.
    Response: This final rule arises from our obligation under ESA 
section 4(c)(2) to regularly assess the status of listed species and 
determine whether they should be de-listed or changed in classification 
from threatened to endangered or vice-versa. 16 U.S.C. 1531(c)(2). In 
2016, we assessed the composition of salmonid ESUs and DPSs pursuant to 
the requirements of the ESA and our Hatchery Listing Policy to 
determine whether any changes were warranted.
    The Hatchery Listing Policy was developed, in part, in response to 
the lawsuit Alsea Valley Alliance v. Evans (2001) (Alsea decision), 
where a U.S. District Court ruled that NMFS cannot exclude hatchery 
fish from an ESA listing if NMFS determines that such fish comprise 
part of the listed ESU/DPS under the applicable ESA standards. The 
Hatchery Listing Policy was subsequently upheld in the lawsuit Trout 
Unlimited v. Lohn (2009). In that case, the court upheld NMFS' 
determination to include both hatchery and natural fish in a listed 
steelhead DPS, despite the potential threats posed by hatchery fish. 
The court noted that the listing process comprises two distinct phases: 
The initial decision regarding the composition of the DPS, and the 
subsequent decision whether to list the DPS.
    Our recommendation to include a hatchery program in an ESA-listed 
ESU or DPS does not reflect a de-emphasis of the risks from hatchery 
programs. The Hatchery Listing Policy guiding our recommendation 
acknowledges such risks and their impacts on the adaptive genetic 
diversity, reproductive fitness, and productivity of the ESU. If we 
determine that a hatchery program warrants inclusion in an ESU or DPS, 
we consider effects of the hatchery fish on the natural fish comprising 
the ESU/DPS in determining how the ESU/DPS should be classified under 
ESA section 4(c). For the hatchery programs that are being added, a 
summary of findings from this analysis can be found in Jones (2015).
    The Hatchery Listing Policy states that hatchery programs will be 
considered part of an ESU/DPS if they exhibit a level of genetic 
divergence relative to the local natural population(s) that is not more 
than what occurs within the ESU/DPS. We are not changing or weakening 
our application of this moderate divergence criterion relative to how 
we have applied it in the past.
    We do not believe there is a need to revise our Hatchery Listing 
Policy, and reiterate that the policy does recognize the risks from 
hatchery programs and allows us to evaluate them in a manner 
commensurate with the potential benefits of the programs.
    Of note, many hatchery programs have undergone or are undergoing 
review under our ESA section 4(d) regulations at 50 CFR 223.203(d)(5) 
(4(d) Rule). When NMFS determines that a Hatchery and Genetic 
Management Plan (HGMP) meets the 4(d) Rule requirements and approves 
the HGMP, then the ESA's prohibitions against take of threatened 
species do not apply to program activities. When we list a hatchery 
program under the ESA, it does not automatically receive an exemption 
from the ESA's prohibitions against take. In evaluating whether to 
approve an HGMP under the 4(d) Rule, NMFS carries out consultation 
under ESA section 7 to ensure that HGMP implementation is not likely to 
jeopardize any listed species or destroy or adversely modify its 
critical habitat. This provides another means for NMFS to evaluate the 
effects of hatchery fish on the ESU/DPS to which they belong and 
recommend management measures to improve hatchery operations.
    Comment 2--Use of Best Available Science: Numerous commenters 
stated that the Hatchery Listing Policy and the moderate divergence 
criterion are not consistent with the best available science. Three 
commenters stated that use of a criterion that focuses solely on 
genetics--without attention to life history, ecology, and population 
demographics--is inadequate. Related comments questioned the current 
relevance of supporting documents including the Jones (2011, 2015) 
memos and two reports, the Salmon and Steelhead Assessment Group's 
(SSHAG), ``Hatchery Broodstock Summaries and Assessments for Chum, 
Coho, and Chinook,'' and the Salmonid Hatchery Inventory and Effects 
Evaluation Report (SHIEER) titled ``An Evaluation of the Effects of 
Artificial Propagation on the Status and Likelihood of Extinction of 
West Coast Salmon and Steelhead under the Federal Endangered Species 
Act'' (SSHAG 2003, SHIEER 2004).
    Response: The best available information upon which to determine 
whether hatchery programs should be included in a salmon ESU or 
steelhead DPS is referenced in Jones (2015). This report, in 
conjunction with individual HGMPs and associated section 7 
consultations, is the most comprehensive and current information 
available. In the few cases where commenters provided new information, 
we considered the information (see Revisions to Threatened Species 
Descriptions and Revisions to Endangered Species Descriptions, below). 
In most cases, commenters provided no new information for us to 
consider. Under the Hatchery Listing Policy, we base our determinations 
of species status under the ESA on the status of the entire ESU/DPS, 
including hatchery fish. We recognize that important genetic resources 
representing the ecological and genetic diversity of species can reside 
in hatchery fish as well as natural fish. We apply the Hatchery Listing 
Policy in support of the conservation of naturally-spawning salmon and 
the ecosystems upon which they depend, consistent with section 2(b) of 
the ESA.
    Comment 3--Justification for the Rule and Data Sources: Numerous 
comments asserted that the proposed rule did not provide adequate 
justification to support our proposed revisions. Comments requested 
more detail about the criteria, data, and analytical methods that we 
used to evaluate each hatchery program. Several comments asked how the 
level of divergence between hatchery and natural populations is 
measured. Other comments stated that pHOS (proportion of spawners of 
hatchery origin) and PNI (the proportionate natural influence in a 
natural salmon or steelhead population) metrics should have been 
explained and evaluated in the proposed rule. In sum, the commenters 
requested that we more clearly link our proposed revisions to 
supporting documentation, including the 5-year status reviews and 
relevant HGMPs.
    Response: We apply the best available information when determining 
whether a hatchery program should be included in an ESU or DPS. The 
primary sources of information that NMFS considers in defining each 
ESU/DPS, including recently approved HGMPs, are referenced in Jones 
(2015), which was cited in the proposed rule. NMFS' most recent 5-year 
reviews (81 FR 33468, May 26, 2016), which were also cited in the 
proposed rule, describe relationships, risks, benefits, and 
uncertainties of specific hatchery stocks relative to natural 
populations of ESUs/DPSs. Links to these 5-year reviews can be found on 
our website (https://www.fisheries.noaa.gov/action/2016-5-year-reviews-28-listed-species-pacific-salmon-steelhead-and-eulachon). For many 
species, data are not available to quantitatively assess the level of 
genetic

[[Page 81825]]

divergence between a hatchery stock and natural populations, and so 
surrogate information must be used.
    We agree that the pHOS and PNI metrics are helpful in assessing the 
effects of hatchery programs and we did evaluate the most recently 
available pHOS and PNI information. The widely-used demographic metrics 
pHOS, pNOB (proportion of broodstock of natural origin) and PNI are 
typically used as measures of genetic risk associated with program 
operations. In the absence of historical genetic databases, we use 
these metrics extensively in making decisions regarding levels of 
divergence. A summary of the analysis of these metrics for each 
hatchery program can be found in Jones (2015).
    Comment 4--Need for Approved HGMPs: A commenter stated that the 
listed ESU/DPS should only include hatchery programs that have been 
evaluated under the ESA. The commenter asserted that the proposed rule 
``notably leaves out the critical details within approved HGMPs that 
link to broodstock source, breeding and rearing protocols, monitoring 
and genetics,'' and ``without that information any inclusion of 
additional hatcheries, or even previously included hatcheries, lacks 
the scientific rigor that is required to include a hatchery population 
within the DPS/ESU.''
    Response: Under our Hatchery Listing Policy, we assess whether 
hatchery programs should be included in an ESU or DPS based on the best 
available scientific information and the standards identified in the 
policy. By contrast, evaluation of an HGMP under the ESA is a separate 
process from our listing determinations under ESA section 4(c). HGMP 
reviews involve a separate, legal determination as to whether a 
hatchery program qualifies for an exemption from the ESA's take 
prohibition. The inclusion of a hatchery program in a listing does not 
authorize the propagation of that hatchery stock, and each hatchery 
program must still undergo ESA review before it can be exempted from 
the ESA's take prohibition.
    Comment 5--Reproductive Fitness of Hatchery Fish: A commenter 
asked, ``Where are the documents that set forth the reproduction 
success rates of the genetically similar hatchery fish to establish 
whether they can promote wild fish recovery?''
    Response: The relevant information associated with the decision 
herein is whether the level of genetic divergence of the hatchery stock 
is not more than what occurs within the natural population. 
Consequently, reproductive success was not evaluated. An evaluation of 
available reproductive success information would occur during our 
consideration of an HGMP.
    Comment 6--Conservation Value of Hatchery Programs Using Local 
Broodstock: Several commenters stated that NMFS has acknowledged the 
limited conservation value of segregated hatchery programs using 
broodstocks derived from local populations, yet has adopted a standard 
that encompasses virtually all hatchery programs using local 
broodstock. Several commenters also recommended that we exclude 
``segregated'' hatchery programs because they serve no conservation 
purpose (e.g., the Deep River Net Pen-Washougal, Klaskanine Hatchery, 
Bonneville Hatchery, and Cathlamet Channel Net Pen Programs within the 
Lower Columbia River ESU). The commenter stated that high stray rates 
from these segregated hatchery programs result in the fish from these 
programs appearing to be ``no more than moderately diverged'' from 
natural populations, while the listed natural populations decrease in 
fitness and recovery potential as a result of genetic introgression 
from the hatchery strays.
    Response: The fundamental issue in determining the listing status 
of a hatchery program is its divergence from natural populations, not 
the purpose of the hatchery (i.e., conservation or harvest). Including 
a hatchery program in an ESU or DPS listing does not endorse its use 
for any purpose, but rather acknowledges that fish from the program are 
within the range of genetic diversity exhibited by naturally produced 
fish in the ESU/DPS. Many hatchery programs designed without 
conservation intent use local broodstock. We evaluate any potential 
impact associated with the release of hatchery program fish in the wild 
during our consideration of an HGMP.
    Comment 7--Genetic Introgression: Several commenters stated that 
genetic introgression (the transfer of genetic information) between 
hatchery and natural fish increases the likelihood that hatchery stocks 
will qualify for inclusion in an ESU/DPS listing when using the 
moderate divergence criterion. One commenter provided an analysis for 
Puget Sound steelhead, calculating Fst/Gst for five listed natural 
populations and two unlisted, segregated hatchery programs derived from 
Chambers Creek hatchery broodstock. The commenter noted that in their 
example, NMFS correctly declined to list the segregated steelhead 
programs under the ESA, due to their high degree of domestication. The 
commenter stated that absent biologically credible, measurable criteria 
for determining divergence, decisions to either include or exclude 
hatchery populations from listing will be arbitrary and inconsistent.
    Response: As stated above, NMFS is required to use the best 
available information when making ESA listing decisions. The ESA 
requires that we conduct status reviews for listed species every 5 
years. Prior to our review, we publish a Federal Register notice 
requesting information pertinent to our reviews. We then review this 
information to inform our assessment of the species' ESA status. As 
part of that assessment, we consider species composition, including 
whether any hatchery programs should be included in the listed entity.
    For many listed ESUs/DPSs, metrics such as Fst, or even pHOS and 
PNI (as mentioned in an earlier comment) are not available. As a 
result, mandating a quantitative genetics approach to our listing 
decisions is impossible due to such data limitations. As mentioned 
above, we are required to decide whether or not to include a hatchery 
program as part of a listed ESU/DPS using the best available 
information. The analysis of Puget Sound steelhead provided by the 
commenter noted above provides a good example of the limitations of 
genetic data. Based on molecular genetic markers, winter steelhead 
derived from Chambers Creek hatchery broodstock do not appear to be 
substantively diverged from other naturally-spawning populations, 
suggesting that such hatchery fish may warrant listing as part of the 
Puget Sound steelhead DPS. However, fish from this hatchery program are 
not listed due to domestication, which has occurred over several 
generations and resulted in a noticeably earlier run timing and poorer 
productivity than natural typical Puget Sound steelhead populations.
    In our analysis we use a qualitative categorization scheme based on 
SSHAG (2003), which we believe is the best way to consistently evaluate 
hatchery programs at this time. We categorize each hatchery program as 
category 1 through category 4, based on the program's degree of 
divergence from the natural population. Programs designated category 1 
and 2 are included as part of the listed ESU/DPS because they have a 
minimal to moderate level of genetic divergence based on the best 
available information. Furthermore, our determination whether to 
include a hatchery program in a listing, as we mentioned above, is not 
to be conflated with program purpose or program type.
    Comment 8--Release Location: A commenter inquired about how release

[[Page 81826]]

location affects our evaluation of the listing status of a hatchery 
program. The commenter stated that ``if fish used in a hatchery program 
are of ESU origin and within the accepted divergence limits of the ESU, 
then it would seem that these fish, biologically, are part of the ESU, 
no matter the location of release from a hatchery program.''
    Response: We agree in circumstances where those release locations 
are within the ESU/DPS range, and this idea is the impetus for many of 
our decisions to add certain hatchery programs to the listing. However, 
there are a few exceptions, largely for reintroduction programs where 
listed fish are moved to a separate geographic location and used to 
create a stock that adapts, over time, to the new geographic location 
(i.e., coho salmon in the Upper Columbia and Snake River Basins).
    Comment 9--Puget Sound Steelhead Hatchery Program Divergence: One 
commenter stated that the Jones (2015) memo cited in the proposed rule 
seems to carry forward estimates of divergence between hatchery and 
natural production from the 2003 SSHAG document, which were 
overestimated out of caution, due to a lack of data. The commenter 
stated that more recent information is available in revised HGMPs for 
Puget Sound steelhead, for example the proportion of natural-origin 
broodstock used in each hatchery program and the proportion of hatchery 
fish found in carcass surveys of the rivers. The degree of gene flow 
inferred from these revised HGMPs indicates that the `moderate' 
divergence classification (category 2 in the Jones 2015 memo) should be 
replaced with `minimal' divergence (category 1 in the Jones 2015 memo).
    Response: There are only a few steelhead programs in Puget Sound 
where hatchery and natural fish are integrated. In Table 4 of Jones 
(2015), we identified three programs that are ongoing; the Green River 
Natural, the White River Supplementation, the Elwha River. We are 
adding the new Fish Restoration Facility program to the Puget Sound 
steelhead DPS. All of these are classified as category 1's with the 
exception of the Green River Natural program, which is classified as a 
category 1 or 2. Thus, we think our listing decisions are in line with 
the commenter's statement.
    Comment 10--Experimental Populations: Two commenters stated that 
hatchery fish used for experimental populations should ``not 
necessarily'' be excluded from listing. The commenters pointed out that 
hatchery fish used to establish an experimental population may meet the 
criteria for inclusion in an ESU/DPS and could potentially be used 
later for recovery.
    Response: The ESA includes provisions in section 10 for designating 
experimental populations (50 CFR 17.80 through 17.86). All such 
populations have potential value for the recovery of salmon and 
steelhead, but ESA section 10(j) requires that they be designated 
either as essential or nonessential for recovery. Nonessential 
experimental populations (NEP) are treated as proposed for listing 
under the ESA for purposes of section 7 of the ESA, while essential 
populations are treated as a threatened species. To date, all salmon/
steelhead hatchery programs associated with experimental populations 
are designated as nonessential. Under the ESA, NEPs do not receive the 
same level of protection as populations listed as threatened or 
endangered. Thus, we believe it was more consistent with the ESA's 
treatment of NEPs to consider their associated hatchery programs as not 
listed. In the future, new salmon hatchery programs could be considered 
essential for recovery and thus experimental populations could include 
such hatchery fish in the listing.
    Comment 11--Winthrop National Fish Hatchery Program and Okanogan 
NEP: Two commenters requested clarification regarding the Winthrop 
National Fish Hatchery Program in the Upper Columbia spring-run Chinook 
salmon ESU. One comment stated that ``it is unclear if the designated 
[section] 10(j) NEP program is included as part of this Winthrop 
National Fish Hatchery Program'' and requested that NMFS include 
language in the species listing to eliminate any ambiguity. The other 
comment recommended that we include in the listing the Chief Joseph 
Hatchery Program that uses ESA-listed broodstock from the Winthrop 
National Fish Hatchery Program for rearing and release in the Okanogan 
NEP. This second commenter asserted that the fish at the Chief Joseph 
Hatchery are still of ESU origin and within the acceptable divergence 
level, and therefore should carry the protections of the ESA prior to 
their release into the NEP.
    Response: The Okanogan NEP and the Winthrop National Fish Hatchery 
share a common broodstock, however the Okanogan NEP fish are reared in 
a separate hatchery (Chief Joseph Hatchery), and are released in a 
different river basin located outside the geographic range of the ESU. 
The Jones memo (2015) documents that the Winthrop National Fish 
Hatchery Program provides fish for the Okanogan spring Chinook salmon 
reintroduction. We agree that spring Chinook salmon from the Winthrop 
National Fish Hatchery being reared in the Chief Joseph hatchery should 
still be included as part of the Upper Columbia River spring-run 
Chinook salmon listing. However, upon release into the Okanogan River 
basin these fish would no longer be considered part of the endangered 
Upper Columbia spring-run Chinook salmon ESU. Consistent with our 
regulations at 50 CFR 223.102(e), such fish would instead be considered 
members of the threatened NEP of Upper Columbia spring-run Chinook 
salmon when, and at such times as, they are found in the mainstem or 
tributaries of the Okanogan River from the Canada-United States border 
to the confluence of the Okanogan River with the Columbia River, 
Washington.
    Comment 12--STEP Programs: A commenter stated that Salmon and Trout 
Enhancement Programs (STEP) should be excluded from listing, stating 
that these programs lack monitoring of broodstock, release sites and 
strategies, and return rates.
    Response: We base our listing determinations on the best scientific 
information available. While monitoring data may be limited for STEP 
programs, we have evaluated the origin and history of their broodstocks 
and conclude that several programs warrant inclusion in the ESU/DPS 
listing.
    Comment 13--Lower Columbia River Chinook Salmon Programs: One 
commenter stated that the Lower Columbia River Chinook salmon Cathlamet 
Channel Net Pens program and the Lower Columbia River coho salmon 
Clatsop County Fisheries Net Pen program should not be included in the 
Lower Columbia River Chinook salmon ESU. The basis for this comment is 
that these net pen programs produce Chinook salmon for selective 
harvest purposes and not for conservation.
    Response: Non-biological considerations, including whether a 
hatchery program is planned to contribute to ESU recovery or to 
harvest, are not a factor in listing decisions. In this case, based on 
available biological information, spring-run Chinook salmon from net 
pens in the lower Columbia River are not more than moderately diverged 
from the Lower Columbia River Chinook Salmon ESU.
    Comment 14--Cowlitz River Spring Chinook Salmon Hatchery: A comment 
stated that the Cowlitz River spring-run Chinook salmon hatchery 
program is not listed and thus two programs that use this stock, 
Cathlamet net pens program and the Friends of the Cowlitz program, 
should be removed from listing.
    Response: The commenter is in error. The Cowlitz River spring-run 
Chinook

[[Page 81827]]

salmon hatchery program is included in the Lower Columbia River Chinook 
Salmon ESU and is listed under the ESA (50 CFR 223.102).
    Comment 15--Lower Columbia River Coho Salmon Description: The Lower 
Columbia River coho salmon ESU description contains Eagle Creek 
National Fish Hatchery Program, Bonneville/Cascade/Oxbow Hatchery 
Program, and Kalama River Type N Program, which provide broodstock 
sources to reintroduce coho in the Clearwater and Grande Ronde basins. 
A comment suggested adding to the ESU description that the listing 
``excludes Clearwater and Grande Ronde production groups.''
    Response: Snake River coho salmon were extirpated in the Snake 
River basin by 1986. Coho salmon were reintroduced to the Clearwater 
subbasin in 1994 and the Grande Ronde/Lostine subbasin in 2017 using 
broodstock from the Lower Columbia River ESU. Lower Columbia River coho 
salmon are described in the CFR as ``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.'' By this definition, Lower Columbia River coho 
salmon occurring in the Snake River basin are excluded from the listing 
and we see no need to add the commenter's proposed new language.
    Comment 16--Snake River Sockeye Salmon Hatchery Programs: One 
comment stated that only the Redfish Lake Captive Broodstock Program is 
listed, and the recently-added ``smolt production program'' is not 
listed but should be.
    Response: The commenter is correct. The Redfish Lake Captive 
Broodstock Program currently produces the eggs used in the new smolt 
production program. Therefore, the smolts produced for this new 
hatchery program are a category 1a (Jones 2015) and should be included 
in the Snake River sockeye salmon ESU. We will list this program under 
Idaho Department of Fish and Game's program name, the ``Snake River 
Sockeye Salmon Hatchery Program.''
    Comment 17--Upper Salmon River Steelhead Programs: A commenter 
stated that the Upper Salmon River programs are similar to the Little 
Salmon River in that the programs are in the process of changing stocks 
that do not utilize B-run steelhead from Dworshak Hatchery.
    Response: Currently these programs still use some fish from the 
Dworshak National Fish Hatchery for broodstock. Thus, these fish should 
be listed because the ``parent'' program is listed. NMFS may reconsider 
this listing decision once the programs in the Upper Salmon River no 
longer use Dworshak National Fish Hatchery steelhead.
    Comment 18--Dollar Creek Programs: A commenter suggested removing 
the Dollar Creek Program because it is subset of the McCall Hatchery.
    Response: Dollar Creek is an egg box program that has its own HGMP. 
We will identify this program individually in the listing description 
because it is managed by a separate entity, it has a separate HGMP, and 
it is a separate line item in the 2018-2027 U.S. v. Oregon Management 
Agreement (U.S. v. OR). Identifying this program separately allows us 
to better track program implementation. In the proposed rule we 
identified this as the Dollar Creek Program, but have renamed it the 
South Fork Salmon River Eggbox Program as it is more consistent with 
the description in U.S. v. OR.
    Comment 19--Listing Status of Panther Creek: A commenter stated 
that we are treating populations in Panther Creek and Lookingglass 
Creek inconsistently. The commenter asked if functionally-extirpated 
populations that have been reestablished with ``within ESU'' stock (but 
not `within-population') would be considered to be recovered?
    Response: We are listing Panther Creek because the fish released 
there are from an already listed hatchery program within the same ESU, 
and this is consistent with how we have handled other reintroduction 
programs within the same ESU/DPS for the purpose of reintroducing fish 
into functionally extirpated populations (e.g., Lookingglass in the 
Grande Ronde River Basin).
    Comment 20--Wells Fish Hatchery Program Description: One commenter 
stated that the Wells Fish Hatchery program releases Columbia River 
steelhead smolts directly into the Columbia River and other locations, 
so it is not clear why in the listing language the Methow and Okanogan 
are listed in parentheses and the Columbia River is excluded. The 
commenter recommends deleting `in the Methow and Okanogan' in the 
listing language.
    Response: The Wells Program has three separate components: Releases 
into the Methow River, the Twisp River, and the Columbia River. The 
Methow River and Twisp River releases use Methow River steelhead. 
Previously, the rationale for excluding the Columbia River release was 
because it uses Wells hatchery stock, which was created using fish from 
all steelhead populations returning to the Upper Columbia. Given the 
Wells stock is not representative of any one single population, we have 
decided not to list components of the Wells Program that propagate this 
stock.
    Comment 21--Upper Willamette River Chinook Salmon: A commenter 
stated that the Jones (2015) memo did not adequately address the 
relationships between hatchery and natural populations of Chinook 
salmon and steelhead in the Willamette River. The commenter stated that 
recent genetic analysis by Oregon State University and the FWS suggests 
that the ``Willamette River population is more appropriate (sic) 
considered one stock and not divided between Upper Willamette and Lower 
Columbia River.'' The commenter suggests a more accurate delineation 
would be ``Willamette River stock'' and ``Columbia River stock.'' 
Furthermore, the commenter stated that Jones (2015) did not analyze 
this new genetic data, nor did it analyze proposed HGMPs for hatchery 
populations under the Willamette Biological Opinion or the Portland 
General Electric Hydropower Settlement Agreement, which requires long 
term changes to the hatchery populations and releases.
    Response: This comment addresses how the Upper Willamette River 
Chinook salmon and Lower Columbia River Chinook salmon ESUs are 
defined, which is not the subject of this rulemaking.
    Comment 22--ESU Description: Several comments requested that we 
revise ESU/DPS descriptions for various reasons.
    Response: This final rule addresses hatchery programs associated 
with listed ESU/DPSs. Our recently-completed 5-year reviews did not 
recommend modifications to the composition of any ESU/DPS apart from 
the modifications related to hatchery programs addressed in this final 
rule.
    Comment 23--Naming of Hatchery Programs: A commenter stated that it 
is unclear what strategy NMFS used to name the different hatchery 
programs included in the proposed changes.
    Response: We acknowledge that naming conventions are not always 
consistent. Hatchery program names sometimes include reference to 
stocking location and sometimes they do not. For programs with 
submitted HGMPs, we use program names provided in the HGMP. In general, 
our intention is to use program names that are commonly accepted and 
which provide sufficient description to identify the program.
    Comment 24--Consistency with Alsea Decision: A commenter stated 
that the

[[Page 81828]]

proposed rule is inconsistent with the Alsea decision.
    Response: NMFS issued the ``Interim Policy on Artificial (Hatchery) 
Propagation of Pacific Salmon under the Endangered Species Act'' 
(Interim Policy) in 1993. The Interim Policy provided that hatchery 
salmon and steelhead would not be listed under the ESA unless they were 
found to be essential for recovery of a listed species (i.e., if the 
hatchery population contained a substantial portion of the remaining 
genetic diversity of the species). The result of this policy was that a 
listing determination for a species depended solely upon the relative 
health of the naturally spawning component of the species. In most 
cases, hatchery fish were not relied upon to contribute to recovery, 
and therefore were not listed.
    As explained above, a federal court ruled in the Alsea decision 
that NMFS made an improper distinction under the ESA by excluding 
certain hatchery programs from the listing of Oregon Coast coho salmon, 
even though NMFS had determined that these hatchery programs were 
otherwise a part of the same ESU as the listed natural populations. The 
Court set aside NMFS' 1998 listing of Oregon Coast coho salmon because 
it impermissibly excluded hatchery fish within the ESU from listing and 
therefore listed an entity that was not a species, subspecies or DPS. 
While the Alsea decision only addressed Oregon Coast coho salmon, it 
prompted NMFS to reconsider the inclusion of hatchery fish in ESA 
listings for other West Coast salmon and steelhead species.
    In 2005, NMFS issued the Hatchery Listing Policy, which superseded 
the Interim Policy. Under the Hatchery Listing Policy, hatchery stocks 
with a level of genetic divergence relative to the local natural 
populations that is no more than what occurs within the DPS are: (a) 
Considered part of the DPS; (b) considered in determining whether the 
DPS should be listed under the ESA; and (c) to be included in any 
listing of the DPS. Thus, the proposed rule and this final rule are 
consistent with the Alsea decision.
    Comment 25--Administrative Procedure Act (APA) Compliance: A 
commenter suggested that updates to the list of hatchery programs 
included with listed ESU/DPSs is in violation of the APA because 
relevant data were not made available to the public.
    Response: This rule was published as a proposed rule (81 FR 72759, 
October 21, 2016) and the public was entitled to contact NMFS and 
request additional information. We provided links to our most recent 5-
year status reviews and Jones (2015) memos as well as NMFS staff 
contact information to obtain any additional supporting information.
    Comment 26--ESA Compliance: Several commenters stated that the 
proposed rule does not comply with the requirements of section 4 of the 
ESA and requested that we re-issue the proposed rule and re-open for 
public comment. Commenters also stated that to update the list of 
hatchery programs included with listed ESU/DPSs, NMFS must engage in 
consultation under section 7(a)(2) of the ESA.
    Response: As noted in the Background section above, in accordance 
with section 4(c)(2)(A) of the ESA, we completed our most recent 5-year 
reviews of the status of ESA-listed salmon ESUs and steelhead DPSs in 
California, Oregon, Idaho, and Washington in 2016 (81 FR 33468, May 26, 
2016). At that time, we evaluated hatchery stocks associated with the 
relevant ESUs/DPS as part of a hatchery program review (Jones 2015), 
which in turn informed the overall ESA status reviews. Our evaluation 
addressed a number of factors regarding hatchery fish, including the 
degree of known or inferred genetic divergence between the hatchery 
stock and the local natural population(s) as well as the role and 
impacts of hatchery programs on key viability parameters such as 
abundance, productivity, spatial structure, and diversity. As a result 
of those 2016 status reviews, we concluded that the species membership 
of several salmonid hatchery programs warranted revision and advised 
the public that we would make those revisions through a subsequent 
rulemaking (i.e., this Federal Register document).
    ESA sections 4 and 7 serve different purposes. Under section 4, 
NMFS determines whether a species should be listed as endangered or 
threatened based on section 4's standards. Under ESA section 7, Federal 
agencies must engage in consultation with NMFS or the FWS prior to 
authorizing, funding, or carrying out actions that may affect listed 
species. It would not make sense for NMFS to carry out section 7 
consultation over whether to list a species, as section 7 only applies 
to species that are already listed.
    Comment 27--National Environmental Policy Act (NEPA) Compliance: 
Multiple commenters stated that the proposed rule violates NEPA and 
NMFS must prepare an Environmental Impact Statement (EIS).
    Response: ESA listing decisions are non-discretionary actions by 
the agency which are exempt from the requirement to prepare an 
environmental assessment or EIS under NEPA. See NOAA Administrative 
Order 216 6.03(e)(1) and Pacific Legal Foundation v. Andrus, 675 F. 2d 
825 (6th Cir. 1981).

Summary of Changes Made Between the Proposed and Final Rules

    Please refer to the proposed rule (81 FR 72759) for details on the 
rationale for our decision for each affected hatchery program. We 
carefully considered all comments received in response to the proposed 
rule and, as a result, have made the appropriate changes in this final 
rule. Below we summarize the changes made between the proposed and 
final rules.

Threatened Species at 50 CFR 223.102

Revisions to Threatened Species Descriptions

Salmon, Chinook (Puget Sound ESU)
    In response to the proposed rule we received numerous comments 
requesting name changes to listed hatchery programs to ensure 
consistency with HGMPs. A few comments corrected errors we had made in 
the proposed rule. In response to these comments, we made the following 
changes between the proposed and final rules:
    (1) We had proposed updating the name of the Keta Creek Hatchery 
Program to the Fish Restoration Facility Program. Instead, we are 
removing the Keta Creek Hatchery Program from listing, as it never 
existed and was previously listed in error. However, we are adding the 
Fish Restoration Facility Program, which is a new program.
    (2) We had proposed to add the Bernie Kai-Kai Gobin (Tulalip) 
Hatchery-Skykomish Program. We want to correct the description of this 
action. This update is not the addition of a new program but rather a 
program name change from the existing Tulalip Bay Program to the Bernie 
Kai-Kai Gobin (Tulalip) Hatchery-Skykomish Program.
    (3) We had proposed updating the name of the Harvey Creek Hatchery 
Program to the Brenner Creek Hatchery Program. In fact, the Harvey 
Creek and Brenner Creek hatchery programs are two distinct programs 
based on geography and run-timing. The Harvey Creek Hatchery Program 
(summer-run and fall-run) was already listed as part of the ESU. The 
updated listing language will better describe these programs as the 
Harvey Creek Hatchery Program (summer-run), and the now distinct 
Brenner Creek Hatchery Program (fall-run).
    (4) We are changing the name of the Marblemount Hatchery Program 
(spring-run subyearlings and summer-run). This

[[Page 81829]]

program is now considered to be two distinct programs: The Marblemount 
Hatchery Program (spring-run) and Marblemount Hatchery Program (summer-
run). This name change was not described in the proposed rule.
    (5) We are changing the names of several other programs and these 
changes were not described in the proposed rule. We are changing the 
names of: The Whitehorse Springs Pond Program to the Whitehorse Springs 
Hatchery Program (summer-run); the Diru Creek Program to the Clarks 
Creek Hatchery Program; the Issaquah Hatchery Program to the Issaquah 
Creek Hatchery Program; the White Acclimation Pond Program to the White 
River Acclimation Pond Program; the Clear Creek Program to the Clear 
Creek Hatchery Program; and the Kalama Creek Program to the Kalama 
Creek Hatchery Program.
    (6) There was a typographical error in the proposed rule referring 
to the ``Hamma Hatchery Program.'' The correct name for this program is 
the Hamma Hamma Hatchery Program.
Salmon, Chinook (Snake River Spring/Summer-Run ESU)
    We are making two changes that differ from those described in the 
proposed rule.
    (1) We proposed updating the name of the Big Sheep Creek Program to 
the Big Sheep Creek-Adult outplanting from Imnaha Program. Instead, we 
are removing this program from listing as a separate program, because 
it is now considered to be part of the listed Imnaha River Program.
    (2) We proposed to add the Dollar Creek Program. We will be adding 
this new program, but it will be named the South Fork Salmon River 
Eggbox Program.
Salmon, Coho (Lower Columbia River ESU)
    We are making two changes that differ from those described in the 
proposed rule.
    (1) We removed the Kalama River Type-S Coho Program because it was 
terminated.
    (2) The North Fork Toutle River Hatchery Program will now be named 
the North Fork Toutle River Type-S Hatchery Program.
Steelhead (Puget Sound DPS)
    We are changing the name of the Hood Canal Steelhead 
Supplementation Off-station Projects in the Dewatto, Skokomish, and 
Duckabush Rivers Program to the Hood Canal Supplementation Program.
Steelhead (Snake River Basin DPS)
    We are making three changes that differ from those described in the 
proposed rule.
    (1) We are adding the South Fork Clearwater Hatchery Program, as 
proposed, but we correct the name for this program to be the South Fork 
Clearwater (Clearwater Hatchery) B-run Program.
    (2) We are removing the individual listings of the Lolo Creek 
Program and the North Fork Clearwater Program, because they are now 
considered to be part of the listed Dworshak National Fish Hatchery 
Program.
    (3) We had proposed to add the Squaw Creek, Yankee Fork, and 
Pahsimeroi River Programs as discrete programs. In fact, these releases 
of listed hatchery fish are considered to be part of the Salmon River 
B-run Program and so we are not listing these tributary release sites 
as individual programs.

Endangered Species at 50 CFR 224.101

Revisions to Endangered Species Descriptions

Salmon, Chinook (Upper Columbia River Spring-Run ESU)
    We are adding the new Chief Joseph spring Chinook Hatchery Program 
(Okanogan release). For further explanation, see Issue--Winthrop 
National Fish Hatchery Program and Okanogan NEP in the response to 
comments, above.
Salmon, Sockeye (Snake River ESU)
    In the proposed rule we recommended minor changes in terminology to 
standardize species descriptions in regulations, but we did not propose 
any changes in hatchery programs included in this ESU. In response to 
comments, we are adding the Snake River Sockeye Salmon Hatchery 
Program.
    In Table 1 we summarize this final rule's revisions to hatchery 
programs associated with listed species descriptions for Pacific salmon 
and steelhead species listed under the ESA.

             Table 1--West Coast Salmon and Steelhead Hatchery Programs Addressed in This Final Rule
----------------------------------------------------------------------------------------------------------------
                                                       Location of
 ESU/DPS (listing status), and                           release
    name of hatchery program         Run timing        (watershed,       Type of update      Reason for update
                                                          state)
----------------------------------------------------------------------------------------------------------------
Lower Columbia River Chinook
 salmon (Threatened):
    Klaskanine Hatchery Program  Fall (Tule)......  Klaskanine River   Add..............  Existing release now
                                                     (OR).                                 classified as a
                                                                                           separate and distinct
                                                                                           program.
    Deep River Net Pens-         Fall (Tule)......  Deep River (WA)..  Add..............  Existing release now
     Washougal Program.                                                                    classified as a
                                                                                           separate and distinct
                                                                                           program.
    Bonneville Hatchery Program  Fall (Tule)......  Lower Columbia     Add..............  Existing release now
                                                     River Gorge (OR).                     classified as a
                                                                                           separate and distinct
                                                                                           program.
    Cathlamet Channel Net Pens   Spring...........  Lower Columbia     Add..............  Existing release now
     Program.                                        River (WA/OR).                        classified as a
                                                                                           separate and distinct
                                                                                           program.
Puget Sound Chinook salmon
 (Threatened):
    Marblemount Hatchery         Spring...........  Cascade River      Name Change......  Previously listed as
     Program (spring-run).                           (WA).                                 Marblemount Hatchery
                                                                                           Program (spring
                                                                                           subyearlings and
                                                                                           summer-run).
    Marblemount Hatchery         Summer...........  Skagit River (WA)  Name Change......  Previously listed as
     Program (summer-run).                                                                 Marblemount Hatchery
                                                                                           Program (spring
                                                                                           subyearlings and
                                                                                           summer-run).
    Harvey Creek Hatchery        Summer...........  Stillaguamish      Name Change......  Previously listed as
     Program (summer-run).                           River (WA).                           Harvey Creek Hatchery
                                                                                           (summer-run and fall-
                                                                                           run).
    Brenner Creek Hatchery       Fall.............  Stillaguamish      Add..............  Existing release now
     Program (fall-run).                             River (WA).                           classified as a
                                                                                           separate and distinct
                                                                                           program.
    Whitehorse Springs Hatchery  Summer...........  Stillaguamish      Name Change......  Previously listed as
     Program (summer-run).                           River (WA).                           Whitehorse Springs
                                                                                           Pond Program.
    Issaquah Creek Hatchery      Fall.............  Sammamish River    Name Change......  Previously listed as
     Program.                                        (WA).                                 Issaquah Hatchery
                                                                                           Program.
    White River Acclimation      Spring...........  White River (WA).  Name Change......  Previously listed as
     Pond Program.                                                                         White Acclimation
                                                                                           Pond Program.

[[Page 81830]]

 
    Clarks Creek Hatchery        Fall.............  Puyallup River     Name Change......  Previously listed as
     Program.                                        (WA).                                 Diru Creek Hatchery
                                                                                           Program.
    Clear Creek Hatchery         Fall.............  Nisqually River    Name Change......  Previously listed as
     Program.                                        (WA).                                 Clear Creek Program.
    Kalama Creek Hatchery        Fall.............  Nisqually River    Name Change......  Previously listed as
     Program.                                        (WA).                                 Kalama Creek Program.
    Bernie Kai-Kai Gobin         Summer...........  Skykomish River/   Name Change......  Previously listed as
     (Tulalip) Hatchery-                             Tulalip Bay (WA).                     Tulalip Bay Program.
     Skykomish Program.
    Bernie Kai-Kai Gobin         Spring...........  Snohomish River/   Add..............  New program.
     (Tulalip) Hatchery-Cascade                      Tulalip Bay (WA).
     Program.
    Soos Creek Hatchery Program  Fall.............  Green River (WA).  Name Change......  Previously listed as
     (Subyearlings and                                                                     two programs: the
     Yearlings).                                                                           Soos Creek Hatchery
                                                                                           Subyearlings Program
                                                                                           and the Soos Creek
                                                                                           Hatchery Yearlings
                                                                                           Program.
    Icy Creek Hatchery.........  Fall.............  Green River (WA).  Remove...........  Program now considered
                                                                                           part of the listed
                                                                                           Soos Creek Hatchery
                                                                                           Program.
    Keta Creek Hatchery Program  N/A..............  Green River (WA).  Remove...........  Program never existed
                                                                                           and was previously
                                                                                           listed in error.
    Fish Restoration Facility    Fall.............  Green River (WA).  Add..............  New program.
     Program.
    Hupp Springs Hatchery-Adult  Spring...........  Minter Creek,      Name Change......  Previously listed as
     Returns to Minter Creek                         Carr Inlet (WA).                      Hupp Springs Hatchery
     Program.                                                                              Program.
    Rick's Pond Hatchery.......  Fall.............  Skokomish River    Remove...........  Program terminated.
                                                     (WA).
Sacramento River winter-run
 Chinook salmon (Endangered):
    Livingston Stone National    Winter...........  Sacramento River   Add..............  New program.
     Fish Hatchery                                   (CA).
     (Supplementation and
     Captive Broodstock).
Snake River fall-run Chinook
 salmon (Threatened):
    Idaho Power Program........  Fall.............  Salmon River (ID)  Name Change......  Previously listed as
                                                                                           Oxbow Hatchery
                                                                                           Program.
Snake River spring/summer-run
 Chinook salmon (Threatened):
    South Fork Salmon River      Summer...........  South Fork Salmon  Add..............  Existing release now
     Eggbox Program.                                 River (ID).                           classified as a
                                                                                           separate and distinct
                                                                                           program.
    Panther Creek Program......  Spring/Summer....  Salmon River (ID)  Add..............  New program.
    Yankee Fork Program........  Spring/Summer....  Yankee Fork (ID).  Add..............  New program.
    Big Sheep Creek Program....  Spring/Summer....  Imnaha River (OR)  Remove...........  Program now considered
                                                                                           part of the listed
                                                                                           Imnaha River Program.
Upper Columbia River spring-run
 Chinook salmon (Endangered):
    Nason Creek Program........  Spring...........  Wenatchee River    Add..............  New program.
                                                     (WA).
    Chewuch River Program......  Spring...........  Chewuch River      Remove...........  Program now considered
                                                     (WA).                                 part of the listed
                                                                                           Methow Composite
                                                                                           Program.
    Chief Joseph spring Chinook  Spring...........  Okanogan (WA)....  Add..............  New program.
     Hatchery Program (Okanogan
     release).
Upper Willamette River Chinook
 salmon (Threatened):
    McKenzie River Hatchery      Spring...........  McKenzie River     Name Change......  Previously listed as
     Program.                                        (OR).                                 McKenzie River
                                                                                           Hatchery Program
                                                                                           (ODFW Stock #23).
    North Santiam River Program  Spring...........  North Fork         Name Change......  Previously listed as
                                                     Santiam River                         Marion Forks Hatchery/
                                                     (OR).                                 North Fork Santiam
                                                                                           Hatchery Program
                                                                                           (ODFW Stock #21).
    Molalla River Program......  Spring...........  Molalla River      Name Change......  Previously listed as
                                                     (OR).                                 South Santiam
                                                                                           Hatchery Program
                                                                                           (ODFW Stock #24) in
                                                                                           the South Fork
                                                                                           Santiam River and
                                                                                           Mollala River.
    South Santiam River Program  Spring...........  South Fork         Name Change......  Previously listed as
                                                     Santiam River                         South Santiam
                                                     (OR).                                 Hatchery Program
                                                                                           (ODFW Stock #24) in
                                                                                           the South Fork
                                                                                           Santiam River and
                                                                                           Mollala River.
    Willamette Hatchery Program  Spring...........  Middle Fork        Name Change......  Previously listed as
                                                     Willamette River                      Willamette Hatchery
                                                     (OR).                                 Program (ODFW Stock
                                                                                           #22).
    Clackamas Hatchery Program.  Spring...........  Clackamas River    Name Change......  Previously listed as
                                                     (OR).                                 Clackamas Hatchery
                                                                                           Program (ODFW Stock
                                                                                           #19).
Columbia River chum salmon
 (Threatened):
    Big Creek Hatchery Program.  Fall.............  Big Creek (OR)...  Add..............  New program.
Hood Canal summer-run chum
 salmon (Threatened):
    Hamma Hamma Fish Hatchery    Summer...........  Hamma Hamma River  Remove...........  Program terminated.
     Program.                                        (WA).
    Jimmycomelately Creek Fish   Summer...........  Sequim Bay (WA)..  Remove...........  Program terminated.
     Hatchery Program.
Lower Columbia River coho
 salmon (Threatened):
    Clatsop County Fisheries/    N/A..............  SF Klaskanine      Add..............  Existing release now
     Klaskanine Hatchery.                            River (OR).                           classified as a
                                                                                           separate and distinct
                                                                                           program.
    Clatsop County Fisheries     N/A..............  Youngs Bay (OR)..  Add..............  Existing release now
     Net Pen Program.                                                                      classified as a
                                                                                           separate and distinct
                                                                                           program.
    Kalama River Type-S Coho     N/A..............  Kalama River (WA)  Remove...........  Program terminated.
     Program.
    Big Creek Hatchery Program.  N/A..............  Big Creek (OR)...  Name Change......  Previously listed as
                                                                                           Big Creek Hatchery
                                                                                           Program (ODFW Stock
                                                                                           #13).
    Sandy Hatchery Program.....  Late.............  Sandy River (OR).  Name Change......  Previously listed as
                                                                                           Sandy Hatchery
                                                                                           Program (ODFW Stock
                                                                                           #11).

[[Page 81831]]

 
    Bonneville/Cascade/Oxbow     N/A..............  Lower Columbia     Name Change......  Previously listed as
     Complex Hatchery Program.                       River Gorge (OR).                     Bonneville/Cascade/
                                                                                           Oxbow Complex (ODFW
                                                                                           Stock #14) Hatchery.
    North Fork Toutle River      N/A..............  North Fork Toutle  Name Change......  Previously listed as
     Type-S Hatchery Program.                        River.                                North Fork Toutle
                                                                                           River Hatchery
                                                                                           Program.
Oregon Coast coho salmon
 (Threatened):
    Cow Creek Hatchery Program.  N/A..............  South Fork Umpqua  Name Change......  Previously listed as
                                                     River (OR).                           Cow Creek Hatchery
                                                                                           Program (ODFW Stock
                                                                                           #18).
Southern Oregon/Northern
 California Coast coho salmon
 ESU (Threatened):
    Cole Rivers Hatchery         N/A..............  Rogue River (OR).  Name Change......  Previously listed as
     Program.                                                                              Cole Rivers Hatchery
                                                                                           Program (ODFW Stock
                                                                                           #52).
Ozette Lake sockeye
 (Threatened):
    Umbrella Creek/Big River     N/A..............  Lake Ozette (WA).  Name Change......  Previously listed as
     Hatcheries Program.                                                                   two programs: The
                                                                                           Umbrella Creek
                                                                                           Hatchery Program and
                                                                                           the Big River
                                                                                           Hatchery Program.
Snake River sockeye
 (Endangered):
    Snake River Sockeye Salmon   N/A..............  Upper Salmon       Add..............  New program.
     Hatchery Program.                               River (ID).
California Central Valley
 steelhead (Threatened):
    Mokelumne River Hatchery...  Winter...........  Mokelumne River    Add..............  New program.
                                                     (CA).
Lower Columbia River steelhead
 (Threatened):
    Clackamas Hatchery Late      Late Winter......  Clackamas River    Name Change......  Previously listed as
     Winter-run Program.                             (OR).                                 Clackamas Hatchery
                                                                                           Late Winter-run
                                                                                           Program (ODFW Stock
                                                                                           #122).
    Sandy Hatchery Late Winter-  Late Winter......  Sandy River (OR).  Name Change......  Previously listed as
     run Program.                                                                          Sandy Hatchery Late
                                                                                           Winter-run Program
                                                                                           (ODFW Stock #11).
    Hood River Winter-run        Winter...........  Hood River (OR)..  Name Change......  Previously listed as
     Program.                                                                              Hood River Winter-run
                                                                                           Program (ODFW Stock
                                                                                           #50).
    Upper Cowlitz River Wild     Late Winter......  Upper Cowlitz      Add..............  New program.
     Program.                                        River (WA).
    Tilton River Wild Program..  Late Winter......  Upper Cowlitz      Add..............  New program.
                                                     River (WA).
Middle Columbia River steelhead
 (Threatened):
    Deschutes River Program....  Summer...........  Deschutes River    Name Change......  Previously listed as
                                                     (OR).                                 Deschutes River
                                                                                           Program (ODFW Stock
                                                                                           #66).
    Umatilla River Program.....  Summer...........  Umatilla River     Name Change......  Previously listed as
                                                     (OR).                                 Umatilla River
                                                                                           Program (ODFW Stock
                                                                                           #91).
Puget Sound steelhead
 (Threatened):
    Fish Restoration Facility    Winter...........  Green River (WA).  Add..............  New program.
     Program.
    Hood Canal Supplementation   Winter...........  Hood Canal (WA)..  Name Change......  Previously listed as
     Program.                                                                              Hood Canal Steelhead
                                                                                           Supplementation Off-
                                                                                           station Projects in
                                                                                           the Dewatto,
                                                                                           Skokomish, and
                                                                                           Duckabush Rivers.
Snake River Basin steelhead
 (Threatened):
    Salmon River B-run Program.  Summer (B).......  Salmon River (ID)  Add..............  Existing release now
                                                                                           classified as a
                                                                                           separate and distinct
                                                                                           program.
    South Fork Clearwater        Summer (B).......  SF Clearwater      Add..............  Existing release now
     (Clearwater Hatchery) B-                        River (ID).                           classified as a
     run program.                                                                          separate and distinct
                                                                                           program.
    East Fork Salmon River       Summer (A).......  Salmon River (ID)  Name Change......  Previously listed as
     Natural Program.                                                                      East Fork Salmon
                                                                                           River Program.
    Lolo Creek Program.........  Summer (B).......  Clearwater River   Remove...........  Now considered part of
                                                     (ID).                                 the listed Dworshak
                                                                                           National Fish
                                                                                           Hatchery Program.
    North Fork Clearwater        Summer (B).......  Clearwater River   Remove...........  Now considered part of
     Program.                                        (ID).                                 the listed Dworshak
                                                                                           National Fish
                                                                                           Hatchery Program.
    Little Sheep Creek/Imnaha    Summer (A).......  Imnaha River (OR)  Name Change......  Previously listed as
     River Program.                                                                        Little Sheep Creek/
                                                                                           Imnaha River Hatchery
                                                                                           Program (ODFW Stock
                                                                                           #29).
Upper Columbia River steelhead
 (Threatened):
    Okanogan River Program.....  Summer...........  Okanogan River     Name Change......  Previously listed as
                                                     (WA).                                 Omak Creek Program.
----------------------------------------------------------------------------------------------------------------
Note: Updates to listing descriptions consist of three types: ``Add'' (a new program that meets Hatchery Listing
  Policy criteria, or an existing program that was divided into separate programs); ``Remove'' (a program
  terminated or now considered to be part of another listed program); or ``Name Change'' (a change to the name
  of a hatchery program that already was listed). N/A indicates that run-timing is not specified for the
  program.

References

    Copies of previous Federal Register notices and related reference 
materials are available on the internet at https://www.fisheries.noaa.gov/rules-and-regulations, http://www.westcoast.fisheries.noaa.gov/, or upon request (see FOR FURTHER 
INFORMATION CONTACT section above).

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 final rule is exempt from review under Executive 
Order 12866. This rule does not contain a collection of information 
requirement for the purposes of the Paperwork Reduction Act.

[[Page 81832]]

Federalism

    In accordance with Executive Order 13132, we determined that this 
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 final 
rule will be shared with the relevant state agencies. The revisions may 
have some benefit to state and local resource agencies in that the ESA-
listed species addressed in this rulemaking are more clearly and 
consistently described.

Civil Justice Reform

    The Department of Commerce has determined that this final rule does 
not unduly burden the judicial system and meets the requirements of 
sections 3(a) and 3(b)(2) of Executive Order 12988. In keeping with 
that order, we are revising our descriptions of ESA-listed species to 
improve the clarity of our regulations.

National Environmental Policy Act of 1969

    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. (See NOAA Administrative Order 216-6.)

Government-to-Government Relationship With Tribes

    Executive Order 13084 requires that if NMFS issues a regulation 
that significantly or uniquely affects the communities of Indian tribal 
governments and imposes substantial direct compliance costs on those 
communities, NMFS must consult with those governments or the Federal 
Government must provide the funds necessary to pay the direct 
compliance costs incurred by the tribal governments. This final rule 
does not impose substantial direct compliance costs on Indian tribal 
governments or communities. Accordingly, the requirements of section 
3(b) of Executive Order 13084 do not apply to this final rule. 
Nonetheless, during our preparation of the proposed and final rules, we 
solicited information from tribal governments and tribal fish 
commissions. We informed potentially affected tribal governments of the 
proposed rule and considered their comments in formulation of the final 
rule. We will continue to coordinate on future management actions 
pertaining to the listed species addressed in this final rule.

List of Subjects

50 CFR Part 223

    Endangered and threatened species, Exports, Imports, 
Transportation.

50 CFR Part 224

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

    Dated: November 23, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, we 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   Critical
                                                 Description of listed       listing        habitat    ESA rules
         Common name            Scientific name          entity         determination(s)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
                                                     Fishes
 

[[Page 81833]]

 
                                                  * * * * * * *
Salmon, Chinook (Lower         Oncorhynchus      Naturally spawned      70 FR 37160,         226.212     223.203
 Columbia River ESU).           tshawytscha.      Chinook salmon         June 28, 2005.
                                                  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.
Salmon, Chinook (Puget Sound   Oncorhynchus      Naturally spawned      70 FR 37160,         226.212     223.203
 ESU).                          tshawytscha.      Chinook salmon         June 28, 2005.
                                                  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-
                                                  run); Marblemount
                                                  Hatchery Program
                                                  (summer-run);
                                                  Brenner Creek
                                                  Hatchery Program
                                                  (fall-run); Harvey
                                                  Creek Hatchery
                                                  Program (summer-
                                                  run); Whitehorse
                                                  Springs Hatchery
                                                  Program (summer-
                                                  run); Wallace River
                                                  Hatchery Program
                                                  (yearlings and
                                                  subyearlings);
                                                  Issaquah Creek
                                                  Hatchery Program;
                                                  White River Hatchery
                                                  Program; White River
                                                  Acclimation Pond
                                                  Program; Voights
                                                  Creek Hatchery
                                                  Program; Clarks
                                                  Creek Hatchery
                                                  Program; Clear Creek
                                                  Hatchery Program;
                                                  Kalama Creek
                                                  Hatchery 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; Soos Creek
                                                  Hatchery Program
                                                  (subyearlings and
                                                  yearlings); Fish
                                                  Restoration Facility
                                                  Program; Bernie Kai-
                                                  Kai Gobin (Tulalip)
                                                  Hatchery-Skykomish
                                                  Program; and Hupp
                                                  Springs Hatchery-
                                                  Adult Returns to
                                                  Minter Creek Program.
Salmon, Chinook (Snake River   Oncorhynchus      Naturally spawned      70 FR 37160,         226.205     223.203
 fall-run ESU).                 tshawytscha.      fall-run Chinook       June 28, 2005.
                                                  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.

[[Page 81834]]

 
Salmon, Chinook (Snake River   Oncorhynchus      Naturally spawned      70 FR 37160,         226.205     223.203
 spring/summer-run ESU).        tshawytscha.      spring/summer-run      June 28, 2005.
                                                  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;
                                                  South For Salmon
                                                  River Eggbox
                                                  Program; and the
                                                  Panther Creek
                                                  Program.
Salmon, Chinook (Upper         Oncorhynchus      Naturally spawned      70 FR 37160,         226.212     223.203
 Willamette River ESU).         tshawytscha.      spring-run Chinook     June 28, 2005.
                                                  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   Oncorhynchus      Naturally spawned      70 FR 37160,         226.212     223.203
 ESU).                          keta.             chum salmon            June 28, 2005.
                                                  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       Oncorhynchus      Naturally spawned      70 FR 37160,         226.212     223.203
 summer-run ESU).               keta.             summer-run chum        June 28, 2005.
                                                  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.
Salmon, coho (Lower Columbia   Oncorhynchus      Naturally spawned      70 FR 37160,         226.212     223.203
 River ESU).                    kisutch.          coho salmon            June 28, 2005.
                                                  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 Type-S
                                                  Hatchery Program;
                                                  Kalama River Type-N
                                                  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     Oncorhynchus      Naturally spawned      76 FR 35755,         226.212     223.203
 ESU).                          kisutch.          coho salmon            June 20, 2011.
                                                  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/ Oncorhynchus      Naturally spawned      70 FR 37160,         226.210     223.203
 Northern California Coast      kisutch.          coho salmon            June 28, 2005.
 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.

[[Page 81835]]

 
Salmon, sockeye (Ozette Lake   Oncorhynchus      Naturally spawned      70 FR 37160,         226.212     223.203
 ESU).                          nerka.            sockeye salmon         June 28, 2005.
                                                  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  Oncorhynchus      Naturally spawned      71 FR 834, Jan.      226.211     223.203
 Valley DPS).                   mykiss.           anadromous O. mykiss   5, 2006.
                                                  (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  Oncorhynchus      Naturally spawned      71 FR 834, Jan.      226.211     223.203
 Coast DPS).                    mykiss.           anadromous O. mykiss   5, 2006.
                                                  (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      Oncorhynchus      Naturally spawned      71 FR 834, Jan.      226.212     223.203
 River DPS).                    mykiss.           anadromous O. mykiss   5, 2006.
                                                  (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.
Steelhead (Middle Columbia     Oncorhynchus      Naturally spawned      71 FR 834, Jan.      226.212     223.203
 River DPS).                    mykiss.           anadromous O. mykiss   5, 2006.
                                                  (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      Naturally spawned      72 FR 26722, May     226.212     223.203
                                mykiss.           anadromous O. mykiss   11, 2007.
                                                  (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
                                                  Supplementation
                                                  Program; Lower Elwha
                                                  Fish Hatchery Wild
                                                  Steelhead Recovery
                                                  Program; and the
                                                  Fish Restoration
                                                  Facility Program.

[[Page 81836]]

 
Steelhead (Snake River Basin   Oncorhynchus      Naturally spawned      71 FR 834, Jan.      226.212     223.203
 DPS).                          mykiss.           anadromous O. mykiss   5, 2006.
                                                  (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;
                                                  East Fork Salmon
                                                  River Natural
                                                  Program; Little
                                                  Sheep Creek/Imnaha
                                                  River Hatchery
                                                  Program; Salmon
                                                  River B-run Program;
                                                  and the South Fork
                                                  Clearwater
                                                  (Clearwater
                                                  Hatchery) B-run
                                                  Program.
 
                                                  * * * * * * *
Steelhead (Upper Columbia      Oncorhynchus      Naturally spawned      71 FR 834, Jan.      226.212     223.203
 River DPS).                    mykiss.           anadromous O. mykiss   5, 2006.
                                                  (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
                                                  Complex Hatchery
                                                  Program (in the
                                                  Methow River);
                                                  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)''; 
``Salmon, Chinook (Upper Columbia River spring-run ESU)''; ``Salmon, 
coho (Central California Coast ESU);'' and ``Salmon, sockeye (Snake 
River ESU)'' to read as follows:


Sec.  224.101  Enumeration of endangered marine and anadromous species.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                              Species \1\
-----------------------------------------------------------------------  Citation(s) for   Critical
                                                 Description of listed       listing        habitat    ESA rules
         Common name            Scientific name          entity         determination(s)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
                                                     Fishes
 
                                                  * * * * * * *
Salmon, Chinook (Sacramento    Oncorhynchus      Naturally spawned      70 FR 37160,         226.204          NA
 River winter-run ESU).         tshawytscha.      winter-run Chinook     June 28, 2005.
                                                  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).
Salmon, Chinook (Upper         Oncorhynchus      Naturally spawned      70 FR 37160,         226.212          NA
 Columbia River spring-run      tshawytscha.      spring-run Chinook     June 28, 2005.
 ESU).                                            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; Chief
                                                  Joseph spring
                                                  Chinook Hatchery
                                                  Program (Okanogan
                                                  release); Methow
                                                  Program; Winthrop
                                                  National Fish
                                                  Hatchery Program;
                                                  Chiwawa River
                                                  Program; White River
                                                  Program; and the
                                                  Nason Creek Program.
Salmon, coho (Central          Oncorhynchus      Naturally spawned      70 FR 37160,         226.210          NA
 California Coast ESU).         kisutch.          coho salmon            June 28, 2005;
                                                  originating from       77 FR 19552,
                                                  rivers south of        Apr. 2, 2012.
                                                  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.
Salmon, sockeye (Snake River   Oncorhynchus      Naturally spawned      70 FR 37160,         226.205          NA
 ESU).                          nerka.            anadromous and         June 28, 2005.
                                                  residual sockeye
                                                  salmon originating
                                                  from the Snake River
                                                  basin. Also, sockeye
                                                  salmon from the
                                                  Redfish Lake Captive
                                                  Broodstock Program
                                                  and the Snake River
                                                  Sockeye Salmon
                                                  Hatchery Program.

[[Page 81837]]

 
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\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. 2020-26287 Filed 12-16-20; 8:45 am]
BILLING CODE 3510-22-P