[Title 50 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2005 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
50
Parts 200 to 599
Revised as of October 1, 2005
Wildlife and Fisheries
________________________
Containing a codification of documents of general
applicability and future effect
As of October 1, 2005
With Ancillaries
Published by
Office of the Federal Register
National Archives and Records
Administration
A Special Edition of the Federal Register
[[Page ii]]
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Table of Contents
Page
Explanation................................................. v
Title 50:
Chapter II--National Marine Fisheries Service,
National Oceanic and Atmospheric Administration,
Department of Commerce 3
Chapter III--International Fishing and Related
Activities 651
Chapter IV--Joint Regulations (United States Fish
and Wildlife Service, Department of the Interior and
National Marine Fisheries Service, National Oceanic
and Atmospheric Administration, Department of
Commerce); Endangered Species Committee Regulations 735
Chapter V--Marine Mammal Commission 785
Finding Aids:
Material Approved for Incorporation by Reference........ 811
Table of CFR Titles and Chapters........................ 813
Alphabetical List of Agencies Appearing in the CFR...... 831
List of CFR Sections Affected........................... 841
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 50 CFR 216.1 refers
to title 50, part 216,
section 1.
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[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially
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evidence of the text of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual
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To determine whether a Code volume has been amended since its
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Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative
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Register page number of the latest amendment of any given rule.
EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
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OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
amendments to existing regulations in the CFR. These OMB numbers are
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OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
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INCORPORATION BY REFERENCE
What is incorporation by reference? Incorporation by reference was
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This material, like any other properly issued regulation, has the force
of law.
What is a proper incorporation by reference? The Director of the
Federal Register will approve an incorporation by reference only when
the requirements of 1 CFR part 51 are met. Some of the elements on which
approval is based are:
(a) The incorporation will substantially reduce the volume of
material published in the Federal Register.
(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
process.
(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.
Properly approved incorporations by reference in this volume are
listed in the Finding Aids at the end of this volume.
What if the material incorporated by reference cannot be found? If
you have any problem locating or obtaining a copy of material listed in
the Finding Aids of this volume as an approved incorporation by
reference, please contact the agency that issued the regulation
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A subject index to the Code of Federal Regulations is contained in a
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Authorities and Agency Rules (Table I). A list of CFR titles, chapters,
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the daily Federal Register.
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
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REPUBLICATION OF MATERIAL
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Raymond A. Mosley,
Director,
Office of the Federal Register.
October 1, 2005.
[[Page ix]]
THIS TITLE
Title 50--Fish and Wildlife is composed of eight volumes. The parts
in these volumes are arranged in the following order: Parts 1-16; part
17 (17.1 to 17.95(b)), part 17 (17.95(c) to End), part 17 (17.96 to
17.99(h)), part 17 (17.99(i) to End and 17.100 to End), parts 18-199,
parts 200-599 and part 600 to End. The first six volumes (parts 1-16,
part 17 (17.1 to 17.95(b)), part 17 (17.95(c) to End), part 17 (17.96 to
17.99(h)), part 17 (part 17.99(i) to End and 17.100 to End), and parts
18-199) contain the current regulations issued under chapter I--United
States Fish and Wildlife Service, Department of the Interior. The
seventh volume (parts 200-599) contains the current regulations issued
under chapter II--National Marine Fisheries Service, National Oceanic
and Atmospheric Administration, Department of Commerce; chapter III--
International Fishing and Related Activities, chapter IV--Joint
Regulations (United States Fish and Wildlife Service, Department of the
Interior and National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Department of Commerce); Endangered Species
Committee regulations; and chapter V--Marine Mammal Commission. The
eighth volume (part 600 to End) contains the current regulations issued
under chapter VI--Fishery Conservation and Management, National Oceanic
and Atmospheric Administration, Department of Commerce. The contents of
these volumes represent all current regulations codified under this
title of the CFR as of October 1, 2005.
Alphabetical listings of endangered and threatened wildlife and
plants appear in part 17.
The OMB control numbers for the National Oceanic and Atmospheric
Administration appear in 15 CFR 902.1.
For this volume, Ruth Green was Chief Editor. The Code of Federal
Regulations publication program is under the direction of Frances D.
McDonald, assisted by Alomha S. Morris.
[[Page 1]]
TITLE 50--WILDLIFE AND FISHERIES
(This book contains parts 200 to 599)
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Part
chapter ii--National Marine Fisheries Service, National
Oceanic and Atmospheric Administration, Department of
Commerce.................................................. 216
chapter iii--International Fishing and Related Activities... 300
chapter iv--Joint Regulations (United States Fish and
Wildlife Service, Department of the Interior and National
Marine Fisheries Service, National Oceanic and Atmospheric
Administration, Department of Commerce); Endangered
Species Committee Regulations............................. 401
chapter v--Marine Mammal Commission......................... 501
[[Page 3]]
CHAPTER II--NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE
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SUBCHAPTER A--GENERAL PROVISIONS [RESERVED]
SUBCHAPTER B--NORTH PACIFIC COMMERCIAL FISHERIES [RESERVED]
SUBCHAPTER C--MARINE MAMMALS
Part Page
216 Regulations governing the taking and
importing of marine mammals............. 5
217-221 [Reserved]
222 General endangered and threatened marine
species................................. 80
223 Threatened marine and anadromous species.... 103
224 Endangered marine and anadromous species.... 176
225 [Reserved]
226 Designated critical habitat................. 179
228 Notice and hearing on section 103(d)
regulations............................. 546
229 Authorization for commercial fisheries under
the Marine Mammal Protection Act of 1972 552
SUBCHAPTER D--WHALING
230 Whaling provisions.......................... 586
SUBCHAPTER E--TRANSPORTATION AND LABELING OF FISH OR WILDLIFE [RESERVED]
SUBCHAPTER F--AID TO FISHERIES
253 Fisheries assistance programs............... 589
259 Capital construction fund................... 598
SUBCHAPTER G--PROCESSED FISHERY PRODUCTS, PROCESSED PRODUCTS THEREOF,
AND CERTAIN OTHER PROCESSED FOOD PRODUCTS
260 Inspection and certification................ 610
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261 United States Standards for Grades.......... 640
SUBCHAPTERS H-J [RESERVED]
SUBCHAPTER K--CONTINENTAL SHELF
296 Fishermen's Contingency Fund................ 643
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SUBCHAPTER A_GENERAL PROVISIONS [RESERVED]
SUBCHAPTER B_NORTH PACIFIC COMMERCIAL FISHERIES [RESERVED]
SUBCHAPTER C_MARINE MAMMALS
PART 216_REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS
--Table of Contents
Subpart A_Introduction
Sec.
216.1 Purpose of regulations.
216.2 Scope of regulations.
216.3 Definitions.
216.4 Other laws and regulations.
216.5 Payment of penalty.
216.6 Forfeiture and return of seized property.
216.7 Holding and bonding.
216.8 Enforcement officers.
Subpart B_Prohibitions
216.11 Prohibited taking.
216.12 Prohibited importation.
216.13 Prohibited uses, possession, transportation, sales, and permits.
216.14 Marine mammals taken before the MMPA.
216.15 Depleted species.
216.16 Prohibitions under the General Authorization for Level B
harassment for scientific research.
216.17 General prohibitions.
Subpart C_General Exceptions
216.21 Actions permitted by international treaty, convention, or
agreement.
216.22 Taking by State or local government officials.
216.23 Native exceptions.
216.24 Taking and related acts incidental to commercial fishing
operations by tuna purse seine vessels in the eastern tropical
Pacific Ocean.
216.25 Exempted marine mammals and marine mammal products.
216.26 Collection of certain marine mammal parts without prior
authorization.
216.27 Release, non-releasability, and disposition under special
exception permits for rehabilitated marine mammals.
Subpart D_Special Exceptions
216.30 [Reserved]
216.31 Definitions.
216.32 Scope.
216.33 Permit application submission, review, and decision procedures.
216.34 Issuance criteria.
216.35 Permit restrictions.
216.36 Permit conditions.
216.37 Marine mammal parts.
216.38 Reporting.
216.39 Permit amendments.
216.40 Penalties and permit sanctions.
216.41 Permits for scientific research and enhancement.
216.42 Photography. [Reserved]
216.43 Public display. [Reserved]
216.44 Applicability/transition.
216.45 General Authorization for Level B harassment for scientific
research.
216.46 U.S. citizens on foreign flag vessels operating under the
International Dolphin Conservation Program.
216.47 Access to marine mammal tissue, analyses, and data.
216.48-216.49 [Reserved]
Subpart E_Designated Ports
216.50 Importation at designated ports.
Subpart F_Pribilof Islands, Taking for Subsistence Purposes
216.71 Allowable take of fur seals.
216.72 Restrictions on taking.
216.73 Disposition of fur seal parts.
216.74 Cooperation with Federal officials.
Subpart G_Pribilof Islands Administration
216.81 Visits to fur seal rookeries.
216.82 Dogs prohibited.
216.83 Importation of birds or mammals.
216.84 [Reserved]
216.85 Walrus and Otter Islands.
216.86 Local regulations.
216.87 Wildlife research.
Subpart H_Dolphin Safe Tuna Labeling
216.90 Purposes.
216.91 Dolphin-safe labeling standards.
216.92 Dolphin-safe requirements for tuna harvested in the ETP by large
purse seine vessels.
216.93 Tracking and verification program.
216.94 False statements or endorsements.
216.95 Official mark for ``Dolphin-safe'' tuna products.
Subpart I_General Regulations Governing Small Takes of Marine Mammals
Incidental to Specified Activities
216.101 Purpose.
[[Page 6]]
216.102 Scope.
216.103 Definitions.
216.104 Submission of requests.
216.105 Specific regulations.
216.106 Letter of Authorization.
216.107 Incidental harassment authorization for Arctic waters.
216.108 Requirements for monitoring and reporting under incidental
harassment authorizations for Arctic waters.
Subpart J [Reserved]
Subpart K_Taking of Marine Mammals Incidental to Space Vehicle and Test
Flight Activities
216.120 Specified activity and specified geographical region.
216.121 Effective dates.
216.122 Permissible methods of taking.
216.123 Prohibitions.
216.124 Mitigation.
216.125 Requirements for monitoring and reporting.
216.126 Applications for Letters of Authorization.
216.127 Renewal of Letters of Authorization.
216.128 Modifications of Letters of Authorization.
Subparts L-M [Reserved]
Subpart N_Taking of Marine Mammals Incidental to Missile Launch
Operations from San Nicolas Island, CA
216.151 Specified activity, geographical region, and incidental take
levels.
216.152 Effective dates.
216.153 Permissible methods of taking; mitigation.
216.154 Prohibitions.
216.155 Requirements for monitoring and reporting.
216.156 Letter of Authorization.
216.157 Renewal of the Letter of Authorization.
216.158 Modifications to the Letter of Authorization.
Subpart O [Reserved]
Subpart P_Taking of Marine Mammals Incidental to Operating a Low
Frequency Acoustic Source by the North Pacific Acoustic Laboratory
216.170 Specified activity and specified geographical region.
216.171 Effective dates.
216.172 Permissible methods of taking.
216.173 Prohibitions.
216.174 Mitigation.
216.175 Requirements for monitoring and reporting.
216.176 Letter of authorization.
216.177 Renewal of a letter of authorization.
216.178 Modifications to a letter of authorization.
Subpart Q_Taking of Marine Mammals Incidental to Navy Operations of
Surveillance Towed Array Sensor System Low Frequency Active (SURTASS
LFA) Sonar
216.180 Specified activity and specified geographical region.
216.181 Effective dates.
216.182 Permissible methods of taking.
216.183 Prohibitions.
216.184 Mitigation.
216.185 Requirements for monitoring.
216.186 Requirements for reporting.
216.187 Applications for Letters of Authorization.
216.188 Letters of Authorization.
216.189 Renewal of Letters of Authorization.
216.190 Modifications to Letters of Authorization.
216.191 Designation of Biologically Important Marine Mammal Areas.
Note to part 216: See also 50 CFR parts 228 and 229 for regulations
governing certain incidental takings of marine mammals.
Authority: 16 U.S.C. 1361 et seq., unless otherwise noted.
Source: 39 FR 1852, Jan. 15, 1974, unless otherwise noted.
Subpart A_Introduction
Sec. 216.1 Purpose of regulations.
The regulations in this part implement the Marine Mammal Protection
Act of 1972, 86 Stat. 1027, 16 U.S.C. 1361-1407, Pub. L. 92-522, which,
among other things, restricts the taking, possession, transportation,
selling, offering for sale, and importing of marine mammals.
Sec. 216.2 Scope of regulations.
This part 216 applies solely to marine mammals and marine mammal
products as defined in Sec. 216.3. For regulations under the MMPA, with
respect to other marine mammals and marine mammal products, see 50 CFR
part 18.
[39 FR 1852, Jan. 15, 1974, as amended at 59 FR 50375, Oct. 3, 1994]
Sec. 216.3 Definitions.
In addition to definitions contained in the MMPA, and unless the
context otherwise requires, in this part 216:
Acts means, collectively, the Marine Mammal Protection Act of 1972,
as
[[Page 7]]
amended, 16 U.S.C. 1361 et seq., the Endangered Species Act of 1973, as
amended, 16 U.S.C. 1531 et seq., and the Fur Seal Act of 1966, as
amended, 16 U.S.C. 1151 et seq.
Active sportfishing means paying passengers have their terminal
fishing gear (lures, hooks, etc.) in the water in an attempt to catch
fish or, in the case of fishing involving chumming, fishing is
considered to be in progress from the instant fish have been sighted
taking bait (boiling) during that chumming process.
Administrator, Southwest Region means the Regional Administrator,
Southwest Region, National Marine Fisheries Service, 501 W. Ocean Blvd.,
Suite 4200, Long Beach, CA 90802-4213, or his or her designee.
Agreement on the International Dolphin Conservation Program
(Agreement on the IDCP) means the Agreement establishing the formal
binding IDCP that was signed in Washington, DC on May 21, 1998.
Alaskan Native means a person defined in the Alaska Native Claims
Settlement Act (43 U.S.C. 1602(b)) (85 Stat. 588) as a citizen of the
United States who is of one-fourth degree or more Alaska Indian
(including Tsimishian Indians enrolled or not enrolled in the Metlaktla
Indian Community), Eskimo, or Aleut blood or combination thereof. The
term includes any Native, as so defined, either or both of whose
adoptive parents are not Natives. It also includes, in the absence of
proof of a minimum blood quantum, any citizen of the United States who
is regarded as an Alaska Native by the Native village or group, of which
he claims to be a member and whose father or mother is (or, if deceased,
was) regarded as Native by any Native village or Native group. Any such
citizen enrolled by the Secretary of the Interior pursuant to section 5
of the Alaska Native Claims Settlement Act shall be conclusively
presumed to be an Alaskan Native for purposes of this part.
Article of handicraft means items made by an Indian, Aleut or Eskimo
from the nonedible byproducts of fur seals taken for personal or family
consumption which--
(1) Were commonly produced by Alaskan Natives on or before October
14, 1983;
(2) Are composed wholly or in some significant respect of natural
materials, and;
(3) Are significantly altered from their natural form and which are
produced, decorated, or fashioned in the exercise of traditional native
handicrafts without the use of pantographs, multiple carvers, or similar
mass copying devices. Improved methods of production utilizing modern
implements such as sewing machines or modern tanning techniques at a
tannery registered pursuant to Sec. 216.23(c) may be used so long as no
large scale mass production industry results. Traditional native
handicrafts include, but are not limited to, weaving, carving,
stitching, sewing, lacing, beading, drawing, and painting. The formation
of traditional native groups, such as a cooperative, is permitted so
long as no large scale mass production results.
Assistant Administrator means the Assistant Administrator for
Fisheries, National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Silver Spring, MD 20910, or his/her
designee.
Authentic native articles of handicrafts and clothing means items
made by an Indian, Aleut or Eskimo which (a) were commonly produced on
or before December 21, 1972, and (b) are composed wholly or in some
significant respect of natural materials, and (c) are significantly
altered from their natural form and which are produced, decorated, or
fashioned in the exercise of traditional native handicrafts without the
use of pantographs, multiple carvers, or similar mass copying devices.
Improved methods of production utilizing modern implements such as
sewing machines or modern tanning techniques at a tannery registered
pursuant to Sec. 216.23(c) may be used so long as no large scale mass
production industry results. Traditional native handicrafts include, but
are not limited to, weaving, carving, stitching, sewing, lacing,
beading, drawing, and painting. The formation of traditional native
groups, such as a cooperative, is permitted so long as no large scale
mass production results.
[[Page 8]]
Bona fide scientific research: (1) Means scientific research on
marine mammals conducted by qualified personnel, the results of which:
(i) Likely would be accepted for publication in a refereed
scientific journal;
(ii) Are likely to contribute to the basic knowledge of marine
mammal biology or ecology. (Note: This includes, for example, marine
mammal parts in a properly curated, professionally accredited scientific
collection); or
(iii) Are likely to identify, evaluate, or resolve conservation
problems.
(2) Research that is not on marine mammals, but that may
incidentally take marine mammals, is not included in this definition
(see sections 101(a)(3)(A), 101(a)(5)(A), and 101(a)(5)(D) of the MMPA,
and sections 7(b)(4) and 10(a)(1)(B) of the ESA).
Carrying capacity means the Regional Director's determination of the
maximum amount of fish that a vessel can carry in short tons based on
the greater of the amount indicated by the builder of the vessel, a
marine surveyor's report, or the highest amount reported landed from any
one trip.
Certified charter vessel means a fishing vessel of a non-U.S. flag
nation, which is operating under the jurisdiction of the marine mammal
laws and regulations of another, harvesting, nation by a formal
declaration entered into by mutual agreement of the nations.
Co-investigator means the on-site representative of a principal
investigator.
Commercial fishing operation means the lawful harvesting of fish
from the marine environment for profit as part of an ongoing business
enterprise. Such terms may include licensed com mercial passenger
fishing vessel (as defined) activities, but no other sport fish ing
activities, whether or not the fish so caught are subsequently sold.
Commercial passenger fishing vessel means any vessel licensed for
commercial passenger fishing purposes within the State out of which it
is operating and from which, while under charter or hire, persons are
legally permitted to conduct sportfishing activities.
Custody means holding a live marine mammal pursuant to the
conditional authority granted under the MMPA, and the responsibility
therein for captive maintenance of the marine mammal.
Declaration of Panama means the declaration signed in Panama City,
Republic of Panama, on October 4, 1995.
Director, Office of Protected Resources means Director, Office of
Protected Resources, National Marine Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910.
Dolphin Mortality Limit (DML) means the maximum allowable number of
incidental dolphin mortalities per calendar year assigned to a vessel,
unless a shorter time period is specified.
Endangered Species means a species or subspecies of marine mammal
listed as ``endangered'' pursuant to the Endangered Species Act of 1973,
87 Stat. 884, Pub. L. 93-205 (see part 17 of this title).
ESA means the Endangered Species Act of 1973, as amended, 16 U.S.C.
1531 et seq.
ETP means the eastern tropical Pacific Ocean which includes the
Pacific Ocean area bounded by 40[deg] N. latitude, 40[deg] S. latitude,
160[deg] W. longitude and the coastlines of North, Central and South
America.
Facility means, in the context specific to captive marine mammals,:
(1) One or more permanent primary enclosures used to hold marine mammals
captive (i.e., pools, lagoons) and associated infrastructure (i.e.,
equipment and supplies necessary for the care and maintenance of marine
mammals) where these enclosures are either located within the boundaries
of a single contiguous parcel of land and water, or are grouped together
within the same general area within which enclosure-to-enclosure
transport is expected to be completed in less than one hour; or
(2) A traveling display/exhibit, where the enclosure(s) and
associated infrastructure is transported together with the marine
mammals.
Feeding is offering, giving, or attempt ing to give food or non-food
items to marine mammals in the wild. It in cludes operating a vessel or
providing other platforms from which feeding is conducted or supported.
It does not include the routine discard of bycatch during fishing
operations or the routine discharge of waste or fish byproducts from
fish processing plants or other platforms if the discharge is
[[Page 9]]
otherwise legal and is incidental to operation of the activity.
First exporter means the person or com pany that first exports the
fish or fish product, or, in the case of shipments that are subject to
the labeling requirements of 50 CFR part 247 and that only contain fish
harvested by vessels of the United States, the first seller of the fish
or fish product.
Fisheries Certificate of Origin, or FCO, means NOAA Form 370, as
described in Sec. 216.24(f)(4).
Force majeure means forces outside the vessel operator's or vessel
owner's control that could not be avoided by the exercise of due care.
FSA means the Fur Seal Act of 1966, as amended, 16 U.S.C. 1151 et
seq.
Fur seal means North Pacific fur seal, scientifically known as Cal
lorhi nus ursinus.
Hard part means any bone, tooth, baleen, treated pelt, or other part
of a marine mammal that is relatively solid or durable.
Harvesting nation means the country under whose flag one or more
fishing vessels are documented, or which has by formal declaration
agreed to assert jurisdiction over one or more certified charter
vessels, from which vessel(s) fish are caught that are a part of any
cargo or shipment of fish to be imported into the United States,
regardless of any intervening transshipments.
Humane means the method of taking, import, export, or other activity
which involves the least possible degree of pain and suffering
practicable to the animal involved.
Import means to land on, bring into, or introduce into, or attempt
to land on, bring into, or introduce into, any place subject to the
jurisdiction of the United States, whether or not such landing,
bringing, or introduction constitutes an importation within the Customs
laws of the United States; except that, for the purpose of any ban
issued under 16 U.S.C. 1371(a)(2) on the importation of fish or fish
products, the definition of ``import'' in Sec. 216.24(f)(1)(ii) shall
apply.
Incidental catch means the taking of a marine mammal (1) because it
is directly interfering with commercial fishing operations, or (2) as a
consequence of the steps used to secure the fish in connection with
commercial fishing operations: Provided, That a marine mammal so taken
must immediately be returned to the sea with a minimum of injury and
further, that the taking of a marine mammal, which otherwise meets the
requirements of this definition shall not be considered an incidental
catch of that mammal if it is used subsequently to assist in commercial
fishing operations.
Intentional purse seine set means that a tuna purse seine vessel or
associated vessels chase marine mammals and subsequently make a purse
seine set.
International Dolphin Conservation Program (IDCP) means the
international program established by the agreement signed in La Jolla,
California, in June 1992, as formalized, modified, and enhanced in
accordance with the Declaration of Panama and the Agreement on the IDCP.
International Dolphin Conservation Program Act (IDCPA) means Public
Law 105-42, enacted into law on August 15, 1997.
International Review Panel (IRP) means the International Review
Panel established by the Agreement on the IDCP.
Intrusive research means a procedure conducted for bona fide
scientific research involving: A break in or cutting of the skin or
equivalent, insertion of an instrument or material into an orifice,
introduction of a substance or object into the animal's immediate
environment that is likely either to be ingested or to contact and
directly affect animal tissues (i.e., chemical substances), or a
stimulus directed at animals that may involve a risk to health or
welfare or that may have an impact on normal function or behavior (i.e.,
audio broadcasts directed at animals that may affect behavior). For
captive animals, this definition does not include:
(1) A procedure conducted by the professional staff of the holding
facility or an attending veterinarian for purposes of animal husbandry,
care, maintenance, or treatment, or a routine medical procedure that, in
the reasonable judgment of the attending veterinarian, would not
constitute a risk to the health or welfare of the captive animal; or
[[Page 10]]
(2) A procedure involving either the introduction of a substance or
object (i.e., as described in this definition) or a stimulus directed at
animals that, in the reasonable judgment of the attending veterinarian,
would not involve a risk to the health or welfare of the captive animal.
Label means a display of written, printed, or graphic matter on or
affixed to the immediate container of any article.
Land or landing means to begin offloading any fish, to arrive in
port with the intention of offloading fish, or to cause any fish to be
offloaded.
Large-scale driftnet means a gillnet that is composed of a panel or
panels of webbing, or a series of such gillnets, with a total length of
2.5 kilometers or more that is used on the high seas and allowed to
drift with the currents and winds for the purpose of harvesting fish by
entangling the fish in the webbing of the net.
Level A Harassment means any act of pursuit, torment, or annoyance
which has the potential to injure a marine mammal or marine mammal stock
in the wild.
Level B Harassment means any act of pursuit, torment, or annoyance
which has the potential to disturb a marine mammal or marine mammal
stock in the wild by causing disruption of behavioral patterns,
including, but not limited to, migration, breathing, nursing, breeding,
feeding, or sheltering but which does not have the potential to injure a
marine mammal or marine mammal stock in the wild.
Marine environment means the oceans and the seas, including
estuarine and brackish waters.
Marine mammal means those specimens of the following orders, which
are morphologically adapted to the marine environment, and whether alive
or dead, and any part thereof, including but not limited to, any raw,
dressed or dyed fur or skin: Cetacea (whales, dolphins, and porpoises)
and Pinnipedia, other than walrus (seals and sea lions).
MMPA means the Marine Mammal Protection Act of 1972, as amended, 16
U.S.C. 1361 et seq.
Native village or town means any community, association, tribe,
band, clan or group.
Optimum sustainable population is a population size which falls
within a range from the population level of a given species or stock
which is the largest supportable within the ecosystem to the population
level that results in maximum net productivity. Maximum net productivity
is the greatest net annual increment in population numbers or biomass
resulting from additions to the population due to reproduction and/or
growth less losses due to natural mortality.
Per-stock per-year dolphin mortality limit means the maximum
allowable number of incidental dolphin mortalities and serious injuries
from a specified stock per calendar year, as established under the IDCP.
Pregnant means pregnant near term.
Pribilovians means Indians, Aleuts, and Eskimos who live on the
Pribilof Islands.
Principal investigator means the individual primarily responsible
for the taking, importation, export, and any related activities
conducted under a permit issued for scientific research or enhancement
purposes.
Public display means an activity that provides opportunities for the
public to view living marine mammals at a facility holding marine
mammals captive.
Regional Director means the Regional Administrator, Northeast
Regional Office, NMFS, One Blackburn Drive, Gloucester, MA 01930; or
Regional Administrator, Northwest Regional Office, NMFS, 7600 Sandpoint
Way, N.E., Building 1, Seattle, WA 98115; or Regional Administrator,
Southeast Regional Office, NMFS, 9721 Executive Center Drive North, St.
Petersburg, FL 33702; or Regional Administrator, Southwest Regional
Office, NMFS, 501 West Ocean Boulevard, Suite 4200, Long Beach, CA
90802; or Regional Administrator, Pacific Islands Regional Office, NMFS,
1601 Kapiolani Boulevard, Suite 1110, Honolulu, HI 96814; or Regional
Administrator, Alaska Regional Office, NMFS, PO Box 21668, Juneau, AK
99802.
Rehabilitation means treatment of beached and stranded marine
mammals taken under section 109(h)(1) of the MMPA or imported under
section 109(h)(2) of the MMPA, with the intent of restoring the marine
mammal's
[[Page 11]]
health and, if necessary, behavioral patterns.
Secretary shall mean the Secretary of Commerce or his authorized
representative.
Serious injury means any injury that will likely result in
mortality.
Sexual harassment means any unwelcome sexual advance, request for
sexual favors, or other verbal and physical conduct of a sexual nature
which has the purpose or effect of substantially interfering with an
individual's work performance or creating an intimidating, hostile, or
offensive working environment.
Soft part means any marine mammal part that is not a hard part. Soft
parts do not include urine or fecal material.
South Pacific Ocean means any waters of the Pacific Ocean that lie
south of the equator.
South Pacific Tuna Treaty means the Treaty on Fisheries Between the
Governments of Certain Pacific Island States and the Government of the
United States of America (50 CFR part 300, subpart D).
Stranded or stranded marine mammal means a marine mammal specimen
under the jurisdiction of the Secretary:
(1) If the specimen is dead, and is on a beach or shore, or is in
the water within the Exclusive Economic Zone of the United States; or
(2) If the specimen is alive, and is on a beach or shore and is
unable to return to the water, or is in the water within the Exclusive
Economic Zone of the United States where the water is so shallow that
the specimen is un able to return to its natural habitat under its own
power.
Subsistence means the use of marine mammals taken by Alaskan Natives
for food, clothing, shelter, heating, transportation, and other uses
necessary to maintain the life of the taker or those who depend upon the
taker to provide them with such subsistence.
Subsistence uses means the customary and traditional uses of fur
seals taken by Pribilovians for direct personal or family consumption as
food, shelter, fuel, clothing, tools or transportation; for the making
and selling of handicraft articles out of nonedible byproducts of fur
seals taken for personal or family consumption; and for barter, or
sharing for personal or family consumption. As used in this definition--
(1) Family means all persons related by blood, marriage, or
adoption, or any person living within a household on a permanent basis.
(2) Barter means the exchange of fur seals or their parts, taken for
subsistence uses--
(i) For other wildlife or fish or their parts, or
(ii) For other food or for nonedible items other than money if the
exchange is of a limited and noncommercial nature.
Take means to harass, hunt, capture, collect, or kill, or attempt to
harass, hunt, capture, collect, or kill any marine mammal. This
includes, without limitation, any of the following: The collection of
dead animals, or parts thereof; the restraint or detention of a marine
mammal, no matter how temporary; tagging a marine mammal; the negligent
or intentional operation of an aircraft or vessel, or the doing of any
other negligent or intentional act which results in disturbing or
molesting a marine mammal; and feeding or attempting to feed a marine
mammal in the wild.
Threatened species means a species of marine mammal listed as
``threatened'' pursuant to the Endangered Species Act of 1973, 87 Stat.
884, Pub. L. 93-205.
Trip means a voyage starting when a vessel leaves port with all fish
wells empty of fish and ending when a vessel unloads all of its fish.
Tuna product means any food product processed for retail sale and
intended for human or animal consumption that contains an item listed in
Sec. 216.24(f)(2)(i) or (ii), but does not include perishable items
with a shelf life of less than 3 days.
Wasteful manner means any taking or method of taking which is likely
to result in the killing of marine mammals beyond those needed for
subsistence, subsistence uses, or for the making of authentic native
articles of handicrafts and clothing, or which results in the waste of a
substantial portion of the marine mammal and includes, without
limitation, the employment of a method of taking which is not likely to
assure the capture or killing of a marine mammal, or which is not
immediately
[[Page 12]]
followed by a reasonable effort to retrieve the marine mammal.
[39 FR 1852, Jan. 15, 1974]
Editorial Note: For Federal Register citations affecting Sec.
216.3, see the List of Sections Affected, which appears in the Finding
Aids section of the printed volume and on GPO Access.
Sec. 216.4 Other laws and regulations.
(a) Federal. Nothing in this part, nor any permit issued under
authority of this part, shall be construed to relieve a person from any
other requirements imposed by a statute or regulation of the United
States, including any applicable statutes or regulations relating to
wildlife and fisheries, health, quarantine, agriculture, or customs.
(b) State laws or regulations. See part 403 of this chapter.
[39 FR 1852, Jan. 15, 1974, as amended at 41 FR 36662, Aug. 31, 1976; 58
FR 65134, Dec. 13, 1993]
Sec. 216.5 Payment of penalty.
The respondent shall have 30 days from receipt of the final
assessment decision within which to pay the penalty assessed. Upon a
failure to pay the penalty, the Secretary may request the Attorney
General to institute a civil action in the appropriate United States
District Court to collect the penalty.
[39 FR 1852, Jan. 15, 1974. Redesignated at 46 FR 61652, Dec. 18, 1981]
Sec. 216.6 Forfeiture and return of seized property.
(a) Whenever any cargo or marine mammal or marine mammal product has
been seized pursuant to section 107 of the MMPA, the Secretary shall
expedite any proceedings commenced under these regulations.
(b) Whenever a civil penalty has been assessed by the Secretary
under these regulations, any cargo, marine mammal, or marine mammal
product seized pursuant to section 107 of the MMPA shall be subject to
forfeiture. If respondent voluntarily forfeits any such seized property
or the monetary value thereof without court proceedings, the Secretary
may apply the value thereof, if any, as determined by the Secretary,
toward payment of the civil penalty.
(c) Whenever a civil penalty has been assessed under these
regulations, and whether or not such penalty has been paid, the
Secretary may request the Attorney General to institute a civil action
in an appropriate United States District Court to compel forfeiture of
such seized property or the monetary value thereof to the Secretary for
disposition by him in such manner as he deems appropriate. If no
judicial action to compel forfeiture is commenced within 30 days after
final decision-making assessment of a civil penalty, pursuant to Sec.
216.60, such seized property shall immediately be returned to the
respondent.
(d) If the final decision of the Secretary under these regulations
is that respondent has committed no violation of the MMPA or of any
permit or regulations issued thereunder, any marine mammal, marine
mammal product, or other cargo seized from respondent in connection with
the proceedings under these regulations, or the bond or other monetary
value substituted therefor, shall immediately be returned to the
respondent.
(e) If the Attorney General commences criminal proceedings pursuant
to section 105(b) of the MMPA, and such proceedings result in a finding
that the person accused is not guilty of a criminal violation of the
MMPA, the Secretary may institute proceedings for the assessment of a
civil penalty under this part: Provided, That if no such civil penalty
proceedings have been commenced by the Secretary within 30 days
following the final disposition of the criminal case, any property
seized pursuant to section 107 of the MMPA shall be returned to the
respondent.
(f) If any seized property is to be returned to the respondent, the
Regional Director shall issue a letter authorizing such return. This
letter shall be dispatched to the respondent by registered mail, return
receipt requested, and shall identify the respondent, the seized
property, and, if appropriate, the bailee of the seized property. It
shall also provide that upon presentation of the letter and proper
identification, the seized property is authorized to be released. All
charges for storage, care,
[[Page 13]]
or handling of the seized property accruing 5 days or more after the
date of the return receipt shall be for the account of the respondent:
Provided, That if it is the final decision of the Secretary under these
regulations that the respondent has committed the alleged violation, all
charges which have accrued for the storage, care, or handling of the
seized property shall be for the account of the respondent.
[39 FR 1852, Jan. 15, 1974. Redesignated at 46 FR 61652, Dec. 18, 1981,
and amended at 59 FR 50375, Oct. 3, 1994]
Sec. 216.7 Holding and bonding.
(a) Any marine mammal, marine mammal product, or other cargo seized
pursuant to section 107 of the MMPA shall be delivered to the
appropriate Regional Director of the National Marine Fisheries Service
(see Sec. 201.2 of this title) or his designee, who shall either hold
such seized property or arrange for the proper handling and care of such
seized property.
(b) Any arrangement for the handling and care of seized property
shall be in writing and shall state the compensation to be paid. Subpart
F of 15 CFR part 904 contains additional procedures that govern seized
property that is subject to forfeiture or has been forfeited under the
MMPA.
[39 FR 1852, Jan. 15, 1974. Redesignated at 46 FR 61652, Dec. 18, 1981,
and amended at 50 FR 12785, Apr. 1, 1985; 59 FR 50375, Oct. 3, 1994]
Sec. 216.8 Enforcement officers.
Enforcement Agents of the National Marine Fisheries Service shall en
force the provisions of the MMPA and may take any actions authorized by
the MMPA with respect to enforcement. In ad dition, the Secretary may
utilize, by agreement, the personnel, services, and facilities of any
other Federal Agency for the purposes of enforcing this MMPA. Pursuant
to the terms of section 107(b) of the MMPA, the Secretary may also
designate officers and employees of any State or of any possession of
the United States to enforce the provi sions of this MMPA.
[39 FR 1852, Jan. 15, 1974. Redesignated at 46 FR 61652, Dec. 18, 1981,
and amended at 59 FR 50375, Oct. 3, 1994]
Subpart B_Prohibitions
Sec. 216.11 Prohibited taking.
Except as otherwise provided in subparts C, D, and I of this part
216 or in part 228 or 229, it is unlawful for:
(a) Any person, vessel, or conveyance subject to the jurisdiction of
the United States to take any marine mammal on the high seas, or
(b) Any person, vessel, or conveyance to take any marine mammal in
waters or on lands under the jurisdiction of the United States, or
(c) Any person subject to the jurisdiction of the United States to
take any marine mammal during the moratorium.
[39 FR 1852, Jan. 15, 1974, as amended at 47 FR 21254, May 18, 1982; 54
FR 21921, May 19, 1989]
Sec. 216.12 Prohibited importation.
(a) Except as otherwise provided in subparts C and D of this part
216, it is unlawful for any person to import any marine mammal or marine
mammal product into the United States.
(b) Regardless of whether an importation is otherwise authorized
pursuant to subparts C and D of this part 216, it is unlawful for any
person to import into the United States any:
(1) Marine mammal:
(i) Taken in violation of the MMPA, or
(ii) Taken in another country in violation to the laws of that
country;
(2) Any marine mammal product if
(i) The importation into the United States of the marine mammal from
which such product is made would be unlawful under paragraph (b)(1) of
this section, or
(ii) The sale in commerce of such product in the country of origin
if the product is illegal.
(c) Except in accordance with an exception referred to in subpart C
and Sec. Sec. 216.31 (regarding scientific research permits only) and
216.32 of this part 216, it is unlawful to import into the United States
any:
(1) Marine mammal which was pregnant at the time of taking.
(2) Marine mammal which was nursing at the time of taking, or less
than 8 months old, whichever occurs later.
[[Page 14]]
(3) Specimen of an endangered or threatened species of marine
mammal.
(4) Specimen taken from a depleted species or stock of marine
mammals, or
(5) Marine mammal taken in an inhumane manner.
(d) It is unlawful to import into the United States any fish,
whether fresh, frozen, or otherwise prepared, if such fish was caught in
a manner proscribed by the Secretary of Commerce for persons subject to
the jurisdiction of the United States, whether or not any marine mammals
were in fact taken incident to the catching of the fish.
[39 FR 1852, Jan. 15, 1974, as amended at 59 FR 50375, Oct. 3, 1994]
Sec. 216.13 Prohibited uses, possession, transportation, sales, and
permits.
It is unlawful for:
(a) Any person to use any port, harbor or other place under the
jurisdiction of the United States for any purpose in any way connected
with a prohibited taking or an unlawful importation of any marine mammal
or marine mammal product; or
(b) Any person subject to the jurisdiction of the United States to
possess any marine mammal taken in violation of the MMPA or these
regulations, or to transport, sell, or offer for sale any such marine
mammal or any marine mammal product made from any such mammal.
(c) Any person subject to the jurisdiction of the United States to
use in a commercial fishery, any means or method of fishing in
contravention of regulations and limitations issued by the Secretary of
Commerce for that fishery to achieve the purposes of this MMPA.
(d) Any person to violate any term, condition, or restriction of any
permit issued by the Secretary.
[39 FR 1852, Jan. 15, 1974, as amended at 59 FR 50375, 50376, Oct. 3,
1994; 61 FR 21933, May 10, 1996]
Sec. 216.14 Marine mammals taken before the MMPA.
(a) Section 102(e) of the MMPA provides, in effect, that the MMPA
shall not apply to any marine mammal taken prior to December 21, 1972,
or to any marine mammal product, consisting of or composed in whole or
in part of, any marine mammal taken before that date. This prior status
of any marine mammal or marine mammal product may be established by
submitting to the Director, National Marine Fisheries Service prior to,
or at the time of importation, an affidavit containing the following:
(1) The Affiant's name and address;
(2) Identification of the Affiant;
(3) A description of the marine mammals or marine mammal products
which the Affiant desires to import;
(4) A statement by the Affiant that, to the best of his knowledge
and belief, the marine mammals involved in the application were taken
prior to December 21, 1972;
(5) A statement by the Affiant in the following language:
The foregoing is principally based on the attached exhibits which,
to the best of my knowledge and belief, are complete, true and correct.
I understand that this affidavit is being submitted for the purpose of
inducing the Federal Government to permit the importation of--under the
Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 through 1407) and
regulations promulgated thereunder, and that any false statements may
subject me to the criminal penalties of 13 U.S.C. 1001, or to penalties
under the Marine Mammal Protection Act of 1972.
(b) Either one of two exhibits shall be attached to such affidavit,
and will contain either:
(1) Records or other available evidence showing that the product
consists of or is composed in whole or in part of marine mammals taken
prior to the effective date of the MMPA. Such records or other
evidentiary material must include information on how, when, where, and
by whom the animals were taken, what processing has taken place since
taking, and the date and location of such processing; or
(2) A statement from a government agency of the country of origin
exercising jurisdiction over marine mammals that any and all such
mammals from which the products sought to be imported were derived were
taken prior to December 21, 1972.
(c) No pre-Act marine mammal or pre-Act marine mammal product may be
imported unless the requirements of this section have been fulfilled.
[[Page 15]]
(d) This section has no application to any marine mammal or marine
mammal product intended to be imported pursuant to Sec. Sec. 216.21,
216.31 or Sec. 216.32.
[39 FR 1852, Jan. 15, 1974, as amended at 59 FR 50375, 50376, Oct. 3,
1994]
Sec. 216.15 Depleted species.
The following species or population stocks have been designated by
the Assistant Administrator as depleted under the provisions of the
MMPA.
(a) Hawaiian monk seal (Monachus schauinslandi).
(b) Bowhead whale (Balaena mystic e tus).
(c) North Pacific fur seal (Callorhinus ursinus). Pribilof Island
population.
(d) Bottlenose dolphin (Tursiops trunca tus), coastal-migratory
stock along the U.S. mid-Atlantic coast.
(e) Eastern spinner dolphin (Stenella longirostris orientalis).
(f) Northeastern offshore spotted dolphin (Stenella attenuata).
(g) Cook Inlet, Alaska, stock of beluga whales (Delphinapterus
leucas). The stock includes all beluga whales occurring in waters of the
Gulf of Alaska north of 58[deg] North latitude including, but not
limited to, Cook Inlet, Kamishak Bay, Chinitna Bay, Tuxedni Bay, Prince
William Sound, Yakutat Bay, Shelikof Strait, and off Kodiak Island and
freshwater tributaries to these waters.
(h) Eastern North Pacific Southern Resident stock of killer whales
(Orcinus orca). The stock includes all resident killer whales in pods J,
K, and L in the waters of, but not limited to, the inland waterways of
southern British Columbia and Washington, including the Georgia Strait,
the Strait of Juan de Fuca, and Puget Sound.
(i) AT1 stock of killer whales (Orcinus orca). The stock includes
all killer whales belonging to the AT1 group of transient killer whales
occurring primarily in waters of Prince William Sound, Resurrection Bay,
and the Kenai Fjords region of Alaska.
[53 FR 17899, May 18, 1988, as amended at 58 FR 17791, Apr. 6, 1993; 58
FR 45074, Aug. 26, 1993; 58 FR 58297, Nov. 1, 1993; 59 FR 50376, Oct. 3,
1994; 65 FR 34597, May 31, 2000; 68 FR 31983, May 29, 2003; 69 FR 31324,
June 3, 2004]
Sec. 216.16 Prohibitions under the General Authorization for Level B
harassment for scientific research.
It shall be unlawful for any person to:
(a) Provide false information in a letter of intent submitted
pursuant to Sec. 216.45(b);
(b) Violate any term or condition imposed pursuant to Sec.
216.45(d).
[59 FR 50376, Oct. 3, 1994]
Sec. 216.17 General prohibitions.
It is unlawful for any person to:
(a) Assault, resist, oppose, impede, intimidate, threaten, or
interfere with any authorized officer in the conduct of any search,
inspection, investigation or seizure in connection with enforcement of
the MMPA, DPCIA, or IDCPA.
(b) Interfere with, delay, or prevent by any means the apprehension
of another person, knowing that such person has committed any act
prohibited by the MMPA.
(c) Resist a lawful arrest for any act prohibited under the MMPA.
(d) Make any false statement, oral or written, to an authorized
officer concerning any act under the jurisdiction of the MMPA, DPCIA,
IDCPA, or attempt to do any of the above.
(e) Interfere with, obstruct, delay, or prevent by any means an
investigation, search, seizure, or disposition of seized property in
connection with enforcement of the MMPA, DPCIA, or IDCPA.
[70 FR 19008, Apr. 12, 2005]
Subpart C_General Exceptions
Sec. 216.21 Actions permitted by international treaty, convention,
or agreement.
The MMPA and these regulations shall not apply to the extent that
they are inconsistent with the provisions of any international treaty,
convention or agreement, or any statute implementing the same relating
to the taking or importation of marine mammals or marine mammal
products, which was existing and in force prior to December 21, 1972,
and to which the United States was a party. Specifically, the
regulations in subpart B of this part and the provisions of the MMPA
shall not apply to activities
[[Page 16]]
carried out pursuant to the Interim Convention on the Conservation of
North Pacific Fur Seals signed at Washington on February 9, 1957, and
the Fur Seal Act of 1966, 16 U.S.C. 1151 through 1187, as in each case,
from time to time amended.
[39 FR 1852, Jan. 15, 1974, as amended at 59 FR 50376, Oct. 3, 1994]
Sec. 216.22 Taking by State or local government officials.
(a) A State or local government official or employee may take a
marine mammal in the normal course of his duties as an official or
employee, and no permit shall be required, if such taking:
(1) Is accomplished in a humane manner;
(2) Is for the protection or welfare of such mammal or for the
protection of the public health or welfare; and
(3) Includes steps designed to insure return of such mammal, if not
killed in the course of such taking, to its natural habitat. In
addition, any such official or employee may, incidental to such taking,
possess and transport, but not sell or offer for sale, such mammal and
use any port, harbor, or other place under the jurisdiction of the
United States. All steps reasonably practicable under the circumstances
shall be taken by any such employee or official to prevent injury or
death to the marine mammal as the result of such taking. Where the
marine mammal in question is injured or sick, it shall be permissible to
place it in temporary captivity until such time as it is able to be
returned to its natural habitat. It shall be permissible to dispose of a
carcass of a marine mammal taken in accordance with this subsection
whether the animal is dead at the time of taking or dies subsequent
thereto.
(b) Each taking permitted under this section shall be included in a
written report to be submitted to the Secretary every six months
beginning December 31, 1973. Unless otherwise permitted by the
Secretary, the report shall contain a description of:
(1) The animal involved;
(2) The circumstances requiring the taking;
(3) The method of taking;
(4) The name and official position of the State official or employee
involved;
(5) The disposition of the animal, including in cases where the
animal has been retained in captivity, a description of the place and
means of confinement and the measures taken for its maintenance and
care; and
(6) Such other information as the Secretary may require.
(c) Salvage of dead stranded marine mammals or parts therefrom and
subsequent transfer.
(1) Salvage. In the performance of official duties, a state or local
government employee; an employee of the National Marine Fisheries
Service, the U.S. Fish and Wildlife Service, or any other Federal agency
with jurisdiction and conservation responsibilities in marine shoreline
areas; or a person authorized under 16 U.S.C. 1382(c) may take and
salvage a marine mammal specimen if it is stranded and dead or it was
stranded or rescued and died during treatment, transport, captivity or
other rehabilitation subsequent to that stranding or distress if salvage
is for the purpose of utilization in scientific research or for the
purpose of maintenance in a properly curated, professionally accredited
scientific collection.
(2) Registration. A person salvaging a dead marine mammal specimen
under this section must register the salvage of the specimen with the
appropriate Regional Office of the National Marine Fisheries Service
within 30 days after the taking or death occurs. The registration must
include:
(i) The name, address, and any official position of the individual
engaged in the taking and salvage;
(ii) A description of the marine mammal specimen salvaged including
the scientific and common names of the species;
(iii) A description of the parts salvaged;
(iv) The date and the location of the taking;
(v) Such other information as deemed necessary by the Assistant
Administrator.
(3) Identification and curation. The Regional Director will assign a
single unique number to each carcass, and the parts thereof, that are
salvaged under
[[Page 17]]
the provisions of this section. The person who salvaged the specimen may
designate the number to be assigned. After this number is assigned, the
person who salvaged the specimen must permanently mark that number on
each separate hard part of that specimen and must affix that number with
tags or labels to each soft part of that specimen or the containers in
which that soft part is kept. Each specimen salvaged under this section
must be curated in accordance with professional standards.
(4) No sale or commercial trade. No person may sell or trade for
commercial purposes any marine mammal specimen salvaged under this
section.
(5) Transfer without prior authorization. A person who salvages a
marine mammal specimen under this section may transfer that specimen to
another person if:
(i) The person transferring the marine mammal specimen does not
receive remuneration for the specimen;
(ii) The person receiving the marine mammal specimen is an employee
of the National Marine Fisheries Service, the U.S. Fish and Wildlife
Service, or any other Federal agency with jurisdiction and conservation
responsibilities in marine shoreline areas; is a person authorized under
16 U.S.C. 1382(c); or is a person who has received prior authorization
under paragraph (c)(6) of this section;
(iii) The marine mammal specimen is transferred for the purpose of
scientific research, for the purpose of maintenance in a properly
curated, professionally accredited scientific collection, or for
educational purposes;
(iv) The unique number assigned by the National Marine Fisheries
Service is on, marked on, or affixed to the marine mammal specimen or
container; and
(v) Except as provided under paragraph (c)(8) of this section, the
person transferring the marine mammal specimen notifies the appropriate
Regional Office of the National Marine Fisheries Service of the
transfer, including notification of the number of the specimen
transferred and the person to whom the specimen was transferred, within
30 days after the transfer occurs.
(6) Other transfers within the United States. Except as provided
under paragraphs (c)(5) and (c)(8) of this section, a person who
salvages a marine mammal specimen, or who has received a marine mammal
specimen under the provisions of this section, may not transfer that
specimen to another person within the United States unless the Regional
Director of the appropriate Regional Office of the National Marine
Fisheries Service grants prior written authorization for the transfer.
The Regional Director may grant authorization for the transfer if there
is evidence that the conditions listed under paragraphs (c)(5)(i),
(c)(5)(iii), and (c)(5)(iv) of this section are met.
(7) Tranfers outside of the United States. A person who salvages a
marine mammal specimen, or a person who has received a marine mammal
specimen under the provisions of this section, may not transfer that
specimen to a person outside of the United States unless the Assistant
Administrator grants prior written authorization for the transfer. The
Assistant Administrator may grant authorization for the transfer if
there is evidence that the conditions listed under paragraphs (c)(5)(i),
(c)(5)(iii), and (c)(5)(iv) of this section are met.
(8) Exceptions to requirements for notification or prior
authorization. A person may transfer a marine mammal specimen salvaged
under this section without the notification required in paragraph
(c)(5)(v) of this section or the prior authorization required in
paragraph (c)(6) of this section if:
(i) The transfer is a temporary transfer to a laboratory or research
facility within the United States so that analyses can be performed for
the person salvaging the specimen; or
(ii) The transfer is a loan of not more than 1 year to another
professionally accredited scientific collection within the United
States.
[39 FR 1852, Jan. 15, 1974, as amended at 56 FR 41307, Aug. 20, 1991]
Sec. 216.23 Native exceptions.
(a) Taking. Notwithstanding the prohibitions of subpart B of this
part 216, but subject to the restrictions contained in this section, any
Indian, Aleut, or Eskimo who resides on the
[[Page 18]]
coast of the North Pacific Ocean or the Arctic Ocean may take any marine
mammal without a permit, if such taking is:
(1) By Alaskan Natives who reside in Alaska for subsistence, or
(2) For purposes of creating and selling authentic native articles
of handicraft and clothing, and
(3) In each case, not accomplished in a wasteful manner.
(b) Restrictions. (1) No marine mammal taken for subsistence may be
sold or otherwise transferred to any person other than an Alaskan Native
or delivered, carried, transported, or shipped in interstate or foreign
commerce, unless:
(i) It is being sent by an Alaskan Native directly or through a
registered agent to a tannery registered under paragraph (c) of this
section for the purpose of processing, and will be returned directly or
through a registered agent to the Alaskan Native; or
(ii) It is sold or transferred to a registered agent in Alaska for
resale or transfer to an Alaskan Native; or
(iii) It is an edible portion and it is sold in an Alaskan Native
village or town.
(2) No marine mammal taken for purposes of creating and selling
authentic native articles of handicraft and clothing may be sold or
otherwise transferred to any person other than an Indian, Aleut or
Eskimo, or delivered, carried, transported or shipped in interstate or
foreign commerce, unless:
(i) It is being sent by an Indian, Aleut or Eskimo directly or
through a registered agent to a tannery registered under paragraph (c)
of this section for the purpose of processing, and will be returned
directly or through a registered agent to the Indian, Aleut or Eskimo;
or
(ii) It is sold or transferred to a registered agent for resale or
transfer to an Indian, Aleut, or Eskimo; or
(iii) It has first been transformed into an authentic native article
of handicraft or clothing; or
(iv) It is an edible portion and sold (A) in an Alaskan Native
village or town, or (B) to an Alaskan Native for his consumption.
(c) Any tannery, or person who wishes to act as an agent, within the
jurisdiction of the United States may apply to the Director, National
Marine Fisheries Service, U.S. Department of Commerce, Washington, DC
20235, for registration as a tannery or an agent which may possess and
process marine mammal products for Indians, Aleuts, or Eskimos. The
application shall include the following information:
(i) The name and address of the applicant;
(ii) A description of the applicant's procedures for receiving,
storing, processing, and shipping materials;
(iii) A proposal for a system of bookkeeping and/or inventory
segregation by which the applicant could maintain accurate records of
marine mammals received from Indians, Aleuts, or Eskimos pursuant to
this section;
(iv) Such other information as the Secretary may request;
(v) A certification in the following language:
I hereby certify that the foregoing information is complete, true
and correct to the best of my knowledge and belief. I understand that
this information is submitted for the purpose of obtaining the benefit
of an exception under the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 through 1407) and regulations promulgated thereunder, and
that any false statement may subject me to the criminal penalties of 18
U.S.C. 1001, or to penalties under the Marine Mammal Protection Act of
1972.
(vi) The signature of the applicant.
The sufficiency of the application shall be determined by the Secretary,
and in that connection, he may waive any requirement for information, or
require any elaboration or further information deemed necessary. The
registration of a tannery or other agent shall be subject to such
conditions as the Secretary prescribes, which may include, but are not
limited to, provisions regarding records, inventory segregation,
reports, and inspection. The Secretary may charge a reasonable fee for
processing such applications, including an appropriate apportionment of
overhead and administrative expenses of the Department of Commerce.
(d) Notwithstanding the preceding provisions of this section,
whenever, under the MMPA, the Secretary determines any species of stock
of marine mammals to be depleted, he may prescribe regulations pursuant
to section
[[Page 19]]
103 of the MMPA upon the taking of such marine animals by any Indian,
Aleut, or Eskimo and, after promulgation of such regulations, all
takings of such marine mammals shall conform to such regulations.
(e) Marking and reporting of Cook Inlet Beluga Whales. (1)
Definitions. In addition to definitions contained in the MMPA and the
regulations in this part:
(i) Reporting means the collection and delivery of biological data,
harvest data, and other information regarding the effect of taking a
beluga whale (Delphinapterus leucas) from Cook Inlet, as required by
NMFS.
(ii) Whaling captain or vessel operator means the individual who is
identified by Alaskan Natives as the leader of each hunting team
(usually the other crew on the boat) and who is the whaling captain; or
the individual operating the boat at the time the whale is harvested or
transported to the place of processing.
(iii) Cook Inlet means all waters of Cook Inlet north of 59[deg]
North latitude, including, but not limited to, waters of Kachemak Bay,
Kamishak Bay, Chinitna Bay, and Tuxedni Bay.
(2) Marking. Each whaling captain or vessel operator, upon killing
and landing a beluga whale (Delphinapterus leucas) from Cook Inlet,
Alaska, must remove the lower left jawbone, leaving the teeth intact and
in place. When multiple whales are harvested during one hunting trip,
the jawbones will be marked for identification in the field to ensure
correct reporting of harvest information by placing a label marked with
the date, time, and location of harvest within the container in which
the jawbone is placed. The jawbone(s) must be retained by the whaling
captain or vessel operator and delivered to NMFS at the Anchorage Field
Office, 222 West 7th Avenue, Anchorage, Alaska 99513 within 72 hours of
returning from the hunt.
(3) Reporting. Upon delivery to NMFS of a jawbone, the whaling
captain or vessel operator must complete and mail a reporting form,
available from NMFS, to the NMFS Anchorage Field Office within 30 days.
A separate form is required for each whale harvested.
(i) To be complete, the form must contain the following information:
the date and location of kill, the method of harvest, and the coloration
of the whale. The respondent will also be invited to report on any other
observations concerning the animal or circumstance of the harvest.
(ii) Data collected pursuant to paragraph (e) of this section will
be reported on forms obtained from the Anchorage Field Office. These
data will be maintained in the NMFS Alaska Regional Office in Juneau,
Alaska, where such data will be available for public review.
(4) No person may falsify any information required to be set forth
on the reporting form as required by paragraph (e) of this section.
(5) The Anchorage Field Office of NMFS is located in room 517 of the
Federal Office Building, 222 West 7th Avenue; its mailing address is:
NMFS, Box 43, Anchorage, AK. 99513.
(f) Harvest management of Cook Inlet beluga whales. (1) Cooperative
management of subsistence harvest. Subject to the provisions of 16
U.S.C. 1371(b) and any further limitations set forth in Sec. 216.23,
any taking of a Cook Inlet beluga whale by an Alaska Native must be
authorized under an agreement for the co-management of subsistence uses
(hereinafter in this paragraph ``co-management agreement'') between the
National Marine Fisheries Service and an Alaska Native organization(s).
(2) Limitations. (i) Sale of Cook Inlet beluga whale parts and
products. Authentic Native articles of handicraft and clothing made from
nonedible by-products of beluga whales taken in accordance with the
provisions of this paragraph may be sold in interstate commerce. The
sale of any other part or product, including food stuffs, from Cook
Inlet beluga whales is prohibited, provided that nothing herein shall be
interpreted to prohibit or restrict customary and traditional
subsistence practices of barter and sharing of Cook Inlet beluga parts
and products.
(ii) Beluga whale calves or adults with calves. The taking of a calf
or an adult whale accompanied by a calf is prohibited.
(iii) Season. All takings of beluga whales authorized under Sec.
216.23(f) shall occur no earlier than July 1 of each year.
[[Page 20]]
(iv) Taking during 2001-2004. The harvest of Cook Inlet beluga
whales is restricted during the four-year period of 2001-2004 as
follows:
(A) Strike limitations. Subject to the suspension provision of
subparagraph (C), a total of six (6) strikes, which could result in up
to six landings, are to be allocated through co-management agreement(s).
(B) Strike allocations. Four strikes, not to exceed one per year,
are allocated to the Native Village of Tyonek. The remaining two strikes
will be allocated over the 4-year period through co-management agreement
with other Cook Inlet community hunters, with no more than one such
strike being allocated during every other year.
(C) Emergency provisions. Takings of beluga whales authorized under
Sec. 216.23 will be suspended whenever unusual mortalities exceed six
(6) whales in any year. ``Unusual mortalities'' include all documented
human-caused mortality (including illegal takings and net entanglements
but excluding all legally harvested whales) and all documented mortality
resulting from unknown or natural causes that occur above normal levels,
considered for the purposes of this provision to be twelve beluga whales
per year. The level of unusual mortalities shall be calculated by
documenting mortality for the calendar year and subtracting twelve. The
sum of this result and the carry over of unusual mortality from any
previous year from which the population has not recovered is the level
of unusual mortalities for the current year. If in any year the number
of unusual mortalities exceeds six whales, no strikes will be allowed in
that year or in subsequent years until the population has recovered from
those mortalities through foregone future harvests and natural
recruitment.
(v) Taking during 2005 and subsequent years. [Reserved]
[39 FR 1852, Jan. 15, 1974, as amended at 59 FR 50376, Oct. 3, 1994; 64
FR 27927, May 24, 1999; 69 FR 17980, Apr. 6, 2004]
Sec. 216.24 Taking and related acts incidental to commercial fishing
operations by tuna purse seine vessels in the eastern tropical Pacific
Ocean.
(a)(1) No marine mammal may be taken in the course of a commercial
fishing operation by a U.S. purse seine fishing vessel in the ETP unless
the taking constitutes an incidental catch as defined in Sec. 216.3,
and vessel and operator permits have been obtained in accordance with
these regulations, and such taking is not in violation of such permits
or regulations.
(2)(i) It is unlawful for any person using a U.S. purse seine
fishing vessel of 400 short tons (st) (362.8 metric tons (mt)) carrying
capacity or less to intentionally deploy a net on or to encircle
dolphins, or to carry more than two speedboats, if any part of its
fishing trip is in the ETP.
(ii) It is unlawful for any person using a U.S. purse seine fishing
vessel of greater than 400 st (362.8 mt) carrying capacity that does not
have a valid permit obtained under these regulations to catch, possess,
or land tuna if any part of the vessel's fishing trip is in the ETP.
(iii) It is unlawful for any person subject to the jurisdiction of
the United States to receive, purchase, or possess tuna caught,
possessed, or landed in violation of paragraph (a)(2)(ii) of this
section.
(iv) It is unlawful for any person subject to the jurisdiction of
the United States to intentionally deploy a purse seine net on, or to
encircle, dolphins from a vessel operating in the ETP when there is not
a DML assigned to that vessel.
(v) It is unlawful for any person subject to the jurisdiction of the
United States to intentionally deploy a purse seine net on, or to
encircle, dolphins from a vessel operating in the ETP with an assigned
DML after a set in which the DML assigned to that vessel has been
reached or exceeded.
(vi) Alleged violations of the Agreement on the IDCP and/or these
regulations identified by the International Review Panel will be
considered for potential enforcement action by NMFS.
[[Page 21]]
(3) Upon written request made in advance of entering the ETP, the
limitations in paragraphs (a)(2)(i) and (a)(2)(ii) of this section may
be waived by the Administrator, Southwest Region, for the purpose of
allowing transit through the ETP. The waiver will provide, in writing,
the terms and conditions under which the vessel must operate, including
a requirement to report to the Administrator, Southwest Region, the
vessel's date of exit from or subsequent entry into the permit area.
(b) Permits--(1) Vessel permit. The owner or managing owner of a
U.S. purse seine fishing vessel of greater than 400 st (362.8 mt)
carrying capacity that participates in commercial fishing operations in
the ETP must possess a valid vessel permit issued under paragraph (b) of
this section. This permit is not transferable and must be renewed
annually. If a vessel permit holder surrenders his/her permit to the
Administrator, Southwest Region, the permit will not be returned and a
new permit will not be issued before the end of the calendar year.
Vessel permits will be valid through December 31 of each year.
(2) Operator permit. The person in charge of and actually
controlling fishing operations (hereinafter referred to as the operator)
on a U.S. purse seine fishing vessel engaged in commercial fishing
operations under a vessel permit must possess a valid operator permit
issued under paragraph (b) of this section. Such permits are not
transferable and must be renewed annually. To receive a permit, the
operator must have satisfactorily completed all required training under
paragraph (c)(5) of this section. The operator's permit is valid only
when the permit holder is on a vessel with a valid vessel permit.
Operator permits will be valid through December 31 of each year.
(3) Possession and display. A valid vessel permit issued pursuant to
paragraph (b)(1) of this section must be on board the vessel while
engaged in fishing operations, and a valid operator permit issued
pursuant to paragraph (b)(2) of this section must be in the possession
of the operator to whom it was issued. Permits must be shown upon
request to NMFS enforcement agents, U.S. Coast Guard officers, or
designated agents of NMFS or the Inter-American Tropical Tuna Commission
(IATTC) (including observers). A vessel owner or operator who is at sea
on a fishing trip when his or her permit expires and to whom a permit
for the next year has been issued, may take marine mammals under the
terms of the new permit without having to display it on board the vessel
until the vessel returns to port.
(4) Application for vessel permit. The owner or managing owner of a
purse seine vessel may apply for a permit from the Administrator,
Southwest Region, allowing at least 15 days for processing. All vessel
permit applications must be faxed to (562) 980-4027. An owner or
managing owner requesting to have a vessel in excess of 400 st (362.8
mt) carrying capacity for which a DML was requested categorized as
active on the Vessel Register under Sec. 300.22(b)(4)(i) of this title
must submit to the Administrator, Southwest Region, the vessel permit
application, payment of the observer placement fee under paragraph
(b)(6)(iii) of this section and payment of the vessel permit application
processing fee no later than September 15 of the year prior to the year
for which the DML was requested. The owner or managing owner of a vessel
in excess of 400 st (362.8 mt) carrying capacity not requesting a DML
must submit the vessel permit application, payment of the observer
placement fee, and payment of the vessel permit application processing
fee no later than November 30 of the year prior to the year for which
the vessel permit was requested. An application must contain:
(i) The name, official number, tonnage, carrying capacity in short
or metric tons, maximum speed in knots, processing equipment, and type
and quantity of gear, including an inventory of equipment required under
paragraph (c)(3) of this section if the application is for purse seining
involving the intentional taking of marine mammals, of the vessel that
is to be covered under the permit;
(ii) A statement of whether the vessel will make sets involving the
intentional taking of marine mammals;
[[Page 22]]
(iii) The type and identification number(s) of Federal, state, and
local commercial fishing licenses under which vessel operations are
conducted, and the dates of expiration;
(iv) The name(s) of the operator(s) anticipated to be used; and
(v) The name and signature of the applicant, whether he/she is the
owner or the managing owner, his/her address, telephone and fax numbers,
and, if applicable, the name, address, telephone and fax numbers of the
agent or organization acting on behalf of the vessel.
(5) Application for operator permit. An applicant for an operator
permit must provide the following information to the Administrator,
Southwest Region, allowing at least 45 days for processing:
(i) The name, address, telephone and fax numbers of the applicant;
(ii) The type and identification number(s) of any Federal, state,
and local fishing licenses held by the applicant;
(iii) The name of the vessel(s) on which the applicant anticipates
serving as an operator;
(iv) The date, location, and provider of training required under
paragraph (c)(5) of this section for the operator permit; and
(v) The applicant's signature or the signature of the applicant's
representative.
(6) Fees--(i) Vessel permit application fees. Payment of the permit
application fee is required before NMFS will issue a permit. The
Assistant Administrator may change the amount of this fee at any time if
a different fee is determined in accordance with the NOAA Finance
Handbook. The amount of the fee will be printed on the vessel permit
application form provided by the Administrator, Southwest Region.
(ii) Operator permit fee. There is no fee for the operator permit.
The Assistant Administrator may require a fee at any time if a fee is
determined in accordance with the NOAA Finance Handbook and specified by
the Administrator, Southwest Region, on the application form.
(iii) Observer placement fee. The observer placement fee supports
the placement of observers on individual vessels, and maintenance of the
observer program, as established by the IATTC or other approved observer
program.
(A) The owner or managing owner of a vessel for which a DML has been
requested must submit the observer placement fee, as established by the
IATTC or other approved observer program, to the Administrator,
Southwest Region, no later than September 15 of the year prior to the
calendar year for which the DML was requested. Payment of the observer
placement fee must be consistent with the fee for active status on the
Vessel Register under Sec. 300.22(b)(4) of this title.
(B) The owner or managing owner of a vessel for which a DML has not
been requested, but that is listed on the Vessel Register, as defined in
Sec. 300.21 of this title, must submit payment of the observer
placement fee, as established by the IATTC or other approved observer
program, to the Administrator, Southwest Region, no later than November
30 of the year prior to the calendar year in which the vessel will be
listed on the Vessel Register. Payment of the observer placement fee
must be consistent with the vessel's status, either active or inactive,
on the Vessel Register in Sec. 300.22(b)(4) of this title.
(C) The owner or managing owner of a purse seine vessel that is
licensed under the South Pacific Tuna Treaty must submit the observer
placement fee, as established by the IATTC or other approved observer
program, to the Administrator, Southwest Region, prior to obtaining an
observer and entering the ETP to fish. Consistent with Sec.
300.22(b)(1)(i) of this title, this class of purse seine vessels is not
required to be listed on the Vessel Register under Sec. 300.22(b)(4) of
this title in order to purse seine for tuna in the ETP during a single
fishing trip per calendar year of 90 days or less. Payment of the
observer placement fee must be consistent with the fee for active status
on the Vessel Register under Sec. 300.22(b)(4) of this title.
(D) The owner or managing owner of a purse seine vessel listed as
inactive on the Vessel Register at the beginning of the calendar year
and who requests to replace a vessel removed from active status on the
Vessel Register under Sec. 300.22(b)(4) of this title during the year,
must pay the observer placement
[[Page 23]]
fee associated with active status less the observer placement fee
associated with inactive status that was already paid before NMFS will
request the IATTC Secretariat change the status of the vessel from
inactive to active.
(E) The owner or managing owner of a purse seine vessel not listed
on the Vessel Register at the beginning of the calendar year and who
requests to replace a vessel removed from active status on the Vessel
Register under Sec. 300.22(b)(4) of this title during the year, must
pay the observer placement fee associated with active status before NMFS
will request the IATTC Secretariat change the status of the vessel to
active.
(F) Payments received after the dates specified in paragraphs (b)
(6) (iii)(A) or (B) of this section will be subject to a 10 percent
surcharge. The Administrator, Southwest Region, will forward all
observer placement fees described in this section to the IATTC or to the
applicable organization approved by the Administrator, Southwest Region.
(7) Application approval. The Administrator, Southwest Region, will
determine the adequacy and completeness of an application and, upon
determining that an application is adequate and complete, will approve
that application and issue the appropriate permit, except for applicants
having unpaid or overdue civil penalties, criminal fines, or other
liabilities incurred in a legal proceeding.
(8) Conditions applicable to all permits--(i) General conditions.
Failure to comply with the provisions of a permit or with these
regulations may lead to suspension, revocation, modification, or denial
of a permit. The permit holder, vessel, vessel owner, operator, or
master may be subject, jointly or severally, to the penalties provided
for under the MMPA. Procedures governing permit sanctions and denials
are found at subpart D of 15 CFR part 904.
(ii) Observer placement. By obtaining a permit, the permit holder
consents to the placement of an observer on the vessel during every trip
involving operations in the ETP and agrees to payment of the fees for
observer placement. No observer will be assigned to a vessel unless that
vessel owner has submitted payment of observer fees to the
Administrator, Southwest Region. The observers may be placed under an
observer program of NMFS, IATTC, or another observer program approved by
the Administrator, Southwest Region.
(iii) Explosives. The use of explosive devices is prohibited during
all tuna purse seine operations that involve marine mammals.
(iv) Reporting requirements. (A) The vessel permit holder of each
permitted vessel must notify the Administrator, Southwest Region or the
IATTC contact designated by the Administrator, Southwest Region, at
least 5 days in advance of the vessel's departure on a fishing trip to
allow for observer placement on every trip.
(B) The vessel permit holder must notify the Administrator,
Southwest Region, or the IATTC contact designated by the Administrator,
Southwest Region, of any change of vessel operator at least 48 hours
prior to departing on a fishing trip. In the case of a change in
operator due to an emergency, notification must be made within 72 hours
of the change.
(v) Data release. By using a permit, the permit holder authorizes
the release to NMFS and the IATTC of all data collected by observers
aboard purse seine vessels during fishing trips under the IATTC observer
program or another international observer program approved by the
Administrator, Southwest Region. The permit holder must furnish the
international observer program with all release forms required to
authorize the observer data to be provided to NMFS and the IATTC. Data
obtained under such releases will be used for the same purposes as would
data collected directly by observers placed by NMFS and will be subject
to the same standards of confidentiality.
(9) Mortality and serious injury reports. The Administrator,
Southwest Region, will provide to the public periodic status reports
summarizing the estimated incidental dolphin mortality and serious
injury by U.S. vessels of individual species and stocks.
(c) Purse seining by vessels with Dolphin Mortality Limits (DMLs).
In addition to the terms and conditions set forth in paragraph (b) of
this section, any permit for a vessel to which a DML
[[Page 24]]
has been assigned under paragraph (c)(9) of this section and any
operator permit when used on such a vessel are subject to the following
terms and conditions:
(1) A vessel may be used to chase and encircle schools of dolphins
in the ETP only under the immediate direction of the holder of a valid
operator's permit.
(2) No retention of live marine mammals. Except as otherwise
authorized by a specific permit, live marine mammals incidentally taken
must be immediately returned to the ocean without further injury. The
operator of a purse seine vessel must take every precaution to refrain
from causing or permitting incidental mortality or serious injury of
marine mammals. Live marine mammals may not be brailed, sacked up, or
hoisted onto the deck during ortza retrieval.
(3) Gear and equipment required for valid permit. A vessel
possessing a vessel permit for purse seining involving the intentional
taking of marine mammals may not engage in fishing operations involving
the intentional deployment of the net on or encirclement of dolphins
unless it is equipped with a dolphin safety panel in its purse seine,
has the other required gear and equipment, and uses the required
procedures.
(i) Dolphin safety panel. The dolphin safety panel must be a minimum
of 180 fathoms in length (as measured before installation), except that
the minimum length of the panel in nets deeper than 18 strips must be
determined in a ratio of 10 fathoms in length for each strip of net
depth. It must be installed so as to protect the perimeter of the
backdown area. The perimeter of the backdown area is the length of
corkline that begins at the outboard end of the last bowbunch pulled and
continues to at least two-thirds the distance from the backdown channel
apex to the stern tiedown point. The dolphin safety panel must consist
of small mesh webbing not to exceed 1 1/4 inches (3.18 centimeters (cm))
stretch mesh extending downward from the corkline and, if present, the
base of the dolphin apron to a minimum depth equivalent to two strips of
100 meshes of 4 1/4 inches (10.80 cm) stretch mesh webbing. In addition,
at least a 20-fathom length of corkline must be free from bunchlines at
the apex of the backdown channel.
(ii) Dolphin safety panel markers. Each end of the dolphin safety
panel and dolphin apron, if present, must be identified with an easily
distinguishable marker.
(iii) Dolphin safety panel hand holds. Throughout the length of the
corkline under which the dolphin safety panel and dolphin apron are
located, hand hold openings must be secured so that they will not allow
the insertion of a 1 3/8 inch (3.50 cm) diameter cylindrical-shaped
object.
(iv) Dolphin safety panel corkline hangings. Throughout the length
of the corkline under which the dolphin safety panel and dolphin apron
if present, are located, corkline hangings must be inspected by the
vessel operator following each trip. Hangings found to have loosened to
the extent that a cylindrical-shaped object with a 1 3/8 inch (3.50 cm)
diameter can be inserted between the cork and corkline hangings, must be
tightened so as not to allow the insertion of a cylindrical-shaped
object with a 1 3/8 inch (3.50 cm) diameter.
(v) Speedboats. A minimum of three speedboats in operating condition
must be carried. All speedboats carried aboard purse seine vessels and
in operating condition must be rigged with tow lines and towing bridles
or towing posts. Speedboat hoisting bridles may not be substituted for
towing bridles.
(vi) Raft. A raft suitable to be used as a dolphin observation-and-
rescue platform must be carried.
(vii) Facemask and snorkel, or viewbox. At least two facemasks and
snorkels or viewboxes must be carried.
(viii) Lights. The vessel must be equipped with lights capable of
producing a minimum of 140,000 lumens of output for use in darkness to
ensure sufficient light to observe that procedures for dolphin release
are carried out and to monitor incidental dolphin mortality.
(4) Vessel inspection--(i) Annual. At least once during each
calendar year, purse seine nets and other gear and equipment required
under Sec. 216.24(c)(3) must be made available for inspection and for a
trial set/net alignment by an authorized NMFS inspector or IATTC
[[Page 25]]
staff as specified by the Administrator, Southwest Region, in order to
obtain a vessel permit.
(ii) Reinspection. Purse seine nets and other gear and equipment
required by these regulations must be made available for reinspection by
an authorized NMFS inspector or IATTC staff as specified by the
Administrator, Southwest Region. The vessel permit holder must notify
the Administrator, Southwest Region, of any net modification at least 5
days prior to departure of the vessel in order to determine whether a
reinspection or trial set/net alignment is required.
(iii) Failure to pass inspection. Upon failure to pass an inspection
or reinspection, a vessel may not engage in purse seining involving the
intentional taking of marine mammals until the deficiencies in gear or
equipment are corrected as required by NMFS.
(5) Operator permit holder training requirements. An operator must
maintain proficiency sufficient to perform the procedures required
herein, and must attend and satisfactorily complete a formal training
session approved by the Administrator, Southwest Region, in order to
obtain his or her permit. At the training session, an attendee will be
instructed on the relevant provisions and regulatory requirements of the
MMPA and the IDCP, and the fishing gear and techniques that are required
for reducing serious injury and mortality of dolphin incidental to purse
seining for tuna. Operators who have received a written certificate of
satisfactory completion of training and who possess a current or
previous calendar year permit will not be required to attend additional
formal training sessions unless there are substantial changes in the
relevant provisions or implementing regulations of the MMPA or the IDCP,
or in fishing gear and techniques. Additional training may be required
for any operator who is found by the Administrator, Southwest Region, to
lack proficiency in the required fishing procedures or familiarity with
the relevant provisions or regulations of the MMPA or the IDCP.
(6) Marine mammal release requirements. All operators fishing
pursuant to paragraph (c) of this section must use the following
procedures during all sets involving the incidental taking of marine
mammals in association with the capture and landing of tuna.
(i) Backdown procedure. Backdown must be performed following a purse
seine set in which dolphins are captured in the course of catching tuna,
and must be continued until it is no longer possible to remove live
dolphins from the net by this procedure. At least one crewmember must be
deployed during backdown to aid in the release of dolphins. Thereafter,
other release procedures required will be continued so that all live
dolphins are released prior to the initiation of the sack-up procedure.
(ii) Prohibited use of sharp or pointed instrument. The use of a
sharp or pointed instrument to remove any marine mammal from the net is
prohibited.
(iii) Sundown sets prohibited. On every set encircling dolphin, the
backdown procedure must be completed no later than one-half hour after
sundown, except as provided here. For the purpose of this section,
sundown is defined as the time at which the upper edge of the sun
disappears below the horizon or, if the view of the sun is obscured, the
local time of sunset calculated from tables developed by the U.S. Naval
Observatory or other authoritative source approved by the Administrator,
Southwest Region. A sundown set is a set in which the backdown procedure
has not been completed and rolling the net to sack-up has not begun
within one-half hour after sundown. Should a set extend beyond one-half
hour after sundown, the operator must use the required marine mammal
release procedures including the use of the high intensity lighting
system. In the event a sundown set occurs where the seine skiff was let
go 90 or more minutes before sundown, and an earnest effort to rescue
dolphins is made, the International Review Panel of the IDCP may
recommend to the United States that in the view of the International
Review Panel, prosecution by the United States is not recommended. Any
such recommendation will be considered by the United States in
evaluating the appropriateness of prosecution in a particular
circumstance.
(iv) Dolphin safety panel. During backdown, the dolphin safety panel
[[Page 26]]
must be positioned so that it protects the perimeter of the backdown
area. The perimeter of the backdown area is the length of corkline that
begins at the outboard end of the last bow bunch pulled and continues to
at least two-thirds the distance from the backdown channel apex to the
stern tiedown point.
(7) Experimental fishing operations. The Administrator, Southwest
Region, may authorize experimental fishing operations, consistent with
the provisions of the IDCP, for the purpose of testing proposed
improvements in fishing techniques and equipment that may reduce or
eliminate dolphin mortality or serious injury, or do not require the
encirclement of dolphins in the course of fishing operations. The
Administrator, Southwest Region, may waive, as appropriate, any
requirements of this section except DMLs and the obligation to carry an
observer.
(i) A vessel permit holder may apply for an experimental fishing
operation waiver by submitting the following information to the
Administrator, Southwest Region, no less than 90 days before the date
the proposed operation is intended to begin:
(A) The name(s) of the vessel(s) and the vessel permit holder(s) to
participate;
(B) A statement of the specific vessel gear and equipment or
procedural requirement to be exempted and why such an exemption is
necessary to conduct the experiment;
(C) A description of how the proposed modification to the gear and
equipment or procedures is expected to reduce incidental mortality or
serious injury of marine mammals;
(D) A description of the applicability of this modification to other
purse seine vessels;
(E) The planned design, time, duration, and general area of the
experimental operation;
(F) The name(s) of the permitted operator(s) of the vessel(s) during
the experiment;
(G) A statement of the qualifications of the individual or company
doing the analysis of the research; and
(H) Signature of the permitted operator or of the operator's
representative.
(ii) The Administrator, Southwest Region, will acknowledge receipt
of the application and, upon determining that it is complete, will
publish a notice in the Federal Register summarizing the application,
making the full application available for inspection and inviting
comments for a minimum period of 30 days from the date of publication.
(iii) The Administrator, Southwest Region, after considering the
information submitted in the application identified in paragraph
(c)(7)(i) of this section and the comments received, will either issue a
waiver to conduct the experiment that includes restrictions or
conditions deemed appropriate, or deny the application, giving the
reasons for denial.
(iv) A waiver for an experimental fishing operation will be valid
only for the vessels and operators named in the permit, for the time
period and areas specified, for trips carrying an observer designated by
the Administrator, Southwest Region, and when all the terms and
conditions of the permit are met.
(v) The Administrator, Southwest Region, may suspend or revoke an
experimental fishing waiver in accordance with 15 CFR part 904 if the
terms and conditions of the waiver or the provisions of the regulations
are not followed.
(8) Operator permit holder performance requirements. [Reserved]
(9) Vessel permit holder dolphin mortality limits. For purposes of
this paragraph, the term ``vessel permit holder'' includes both the
holder of a current vessel permit and also the holder of a vessel permit
for the following year.
(i) By September 1 each year, a vessel permit holder desiring a DML
for the following year must provide to the Administrator, Southwest
Region, the name of the U.S. purse seine fishing vessel(s) of carrying
capacity greater than 400 st (362.8 mt) that the owner intends to use to
intentionally deploy purse seine fishing nets in the ETP to encircle
dolphins in an effort to capture tuna during the following year. NMFS
will forward the list of purse seine vessels to the Director of the
IATTC on or before October 1, or as otherwise required by the IDCP, for
assignment of a DML for the following
[[Page 27]]
year under the provisions of Annex IV of the Agreement on the IDCP.
(ii) Each vessel permit holder that desires a DML only for the
period between July 1 to December 31 must provide the Administrator,
Southwest Region, by September 1 of the prior year, the name of the U.S.
purse seine fishing vessel(s) of greater than 400 st (362.8 mt) carrying
capacity that the owner intends to use to intentionally deploy purse
seine fishing nets in the ETP to encircle dolphins in an effort to
capture tuna during the period. NMFS will forward the list of purse
seine vessels to the Director of the IATTC on or before October 1, or as
otherwise required under the IDCP, for possible assignment of a DML for
the 6-month period July 1 to December 31. Under the IDCP, the DML will
be calculated by the IDCP from any unutilized pool of DMLs in accordance
with the procedure described in Annex IV of the Agreement on the IDCP
and will not exceed one-half of an unadjusted full-year DML as
calculated by the IDCP.
(iii)(A) The Administrator, Southwest Region, will notify vessel
owners of the DML assigned for each vessel for the following year, or
the second half of the year, as applicable.
(B) The Administrator, Southwest Region, may adjust the DMLs in
accordance with Annex IV of the Agreement on the IDCP. All adjustments
of full-year DMLs will be made before January 1, and the Administrator,
Southwest Region, will notify the Director of the IATTC of any
adjustments prior to a vessel departing on a trip using its adjusted
DML. The notification will be no later than February 1 in the case of
adjustments to full-year DMLs, and no later than May 1 in the case of
adjustments to DMLs for the second half of the year.
(C) In accordance with the requirements of Annex IV of the Agreement
on the IDCP, the Administrator, Southwest Region, may adjust a vessel's
DML if it will further scientific or technological advancement in the
protection of marine mammals in the fishery or if the past performance
of the vessel indicates that the protection or use of the yellowfin tuna
stocks or marine mammals is best served by the adjustment, within the
mandates of the MMPA. Experimental fishing operation waivers or
scientific research permits will be considered a basis for adjustments.
(iv)(A) A vessel assigned a full-year DML that does not make a set
on dolphins by April 1 or that leaves the fishery will lose its DML for
the remainder of the year, unless the failure to set on dolphins is due
to force majeure or other extraordinary circumstances as determined by
the International Review Panel.
(B) A vessel assigned a DML for the second half of the year will be
considered to have lost its DML if the vessel has not made a set on
dolphins before December 31, unless the failure to set on dolphins is
due to force majeure or extraordinary circumstances as determined by the
International Review Panel.
(C) Any vessel that loses its DML for 2 consecutive years will not
be eligible to receive a DML for the following year.
(D) NMFS will determine, based on available information, whether a
vessel has left the fishery.
(1) A vessel lost at sea, undergoing extensive repairs, operating in
an ocean area other than the ETP, or for which other information
indicates that vessel will no longer be conducting purse seine
operations in the ETP for the remainder of the period covered by the DML
will be determined to have left the fishery.
(2) NMFS will make all reasonable efforts to determine the
intentions of the vessel owner. The owner of any vessel that has been
preliminarily determined to have left the fishery will be provided
notice of such preliminary determination and given the opportunity to
provide information on whether the vessel has left the fishery prior to
NMFS making a final determination under 15 CFR part 904 and notifying
the IATTC.
(v) Any vessel that exceeds its assigned DML after any applicable
adjustment under paragraph (c)(9)(iii) of this section will have its DML
for the subsequent year reduced by 150 percent of the overage, unless
another adjustment is determined by the International Review Panel, as
mandated by the Agreement on the IDCP.
[[Page 28]]
(vi) A vessel that is covered by a valid vessel permit and that does
not normally fish for tuna in the ETP but desires to participate in the
fishery on a limited basis may apply for a per-trip DML from the
Administrator, Southwest Region, at any time, allowing at least 60 days
for processing. The request must state the expected number of trips
involving sets on dolphins and the anticipated dates of the trip or
trips. The request will be forwarded to the Secretariat of the IATTC for
processing in accordance with Annex IV of the Agreement on the IDCP. A
per-trip DML will be assigned if one is made available in accordance
with the terms of Annex IV of the Agreement on the IDCP. If a vessel
assigned a per-trip DML does not set on dolphins during that trip, the
vessel will be considered to have lost its DML unless this was a result
of force majeure or other extraordinary circumstances as determined by
the International Review Panel. After two consecutive losses of a DML, a
vessel will not be eligible to receive a DML for the next fishing year.
(vii) Observers will make their records available to the vessel
operator at any reasonable time, including after each set, in order for
the operator to monitor the balance of the DML(s) remaining for use.
(viii) Vessel and operator permit holders must not deploy a purse
seine net on or encircle any school of dolphins containing individuals
of a particular stock of dolphins for the remainder of the calendar
year:
(A) after the applicable per-stock per-year dolphin mortality limit
for that stock of dolphins (or for that vessel, if so assigned) has been
reached or exceeded; or
(B) after the time and date provided in actual notification or
notification in the Federal Register by the Administrator, Southwest
Region, based upon the best available evidence, stating when any
applicable per-stock per-year dolphin mortality limit has been reached
or exceeded, or is expected to be reached in the near future.
(ix) If individual dolphins belonging to a stock that is prohibited
from being taken are not reasonably observable at the time the net skiff
attached to the net is released from the vessel at the start of a set,
the fact that individuals of that stock are subsequently taken will not
be cause for enforcement action provided that all procedures required by
the applicable regulations have been followed.
(x) Vessel and operator permit holders must not intentionally deploy
a purse seine net on or encircle dolphins intentionally:
(A) after a set in which the vessel's DML, as adjusted, has been
reached or exceeded; or
(B) after the date and time provided in actual notification by
letter, facsimile, radio, or electronic mail, or notice in the Federal
Register by the Administrator, Southwest Region, based upon the best
available evidence, that intentional sets on dolphins must cease because
the total of the DMLs assigned to the U.S. fleet has been reached or
exceeded, or is expected to be exceeded in the near future.
(d) Purse seining by vessels without assigned DMLs. In addition to
the requirements of paragraph (b) of this section, a vessel permit used
for a trip not involving an assigned DML and the operator's permit when
used on such a vessel are subject to the following terms and conditions:
a permit holder may take marine mammals provided that such taking is an
accidental occurrence in the course of normal commercial fishing
operations and the vessel does not intentionally deploy its net on, or
to encircle, dolphins; marine mammals taken incidental to such
commercial fishing operations must be immediately returned to the
environment where captured without further injury, using release
procedures such as hand rescue, or aborting the set at the earliest
effective opportunity; and the use of one or more rafts and facemasks or
viewboxes to aid in the rescue of dolphins is recommended.
(e) Observers--(1) The holder of a vessel permit must allow an
observer duly authorized by the Administrator, Southwest Region, to
accompany the vessel on all fishing trips in the ETP for the purpose of
conducting research and observing operations, including collecting
information that may be used in civil or criminal penalty proceedings,
forfeiture actions, or permit sanctions. A vessel that fails to carry
[[Page 29]]
an observer in accordance with these requirements may not engage in
fishing operations.
(2) Research and observation duties will be carried out in such a
manner as to minimize interference with commercial fishing operations.
Observers must be provided access to vessel personnel and to dolphin
safety gear and equipment, electronic navigation equipment, radar
displays, high powered binoculars, and electronic communication
equipment. The navigator must provide true vessel locations by latitude
and longitude, accurate to the nearest minute, upon request by the
observer. Observers must be provided with adequate space on the bridge
or pilothouse for clerical work, as well as space on deck adequate for
carrying out observer duties. No vessel owner, master, operator, or crew
member of a permitted vessel may impair, or in any way interfere with,
the research or observations being carried out. Masters must allow
observers to use vessel communication equipment necessary to report
information concerning the take of marine mammals and other observer
collected data upon request of the observer.
(3) Any marine mammals killed during fishing operations that are
accessible to crewmen and requested from the permit holder or master by
the observer must be brought aboard the vessel and retained for
biological processing, until released by the observer for return to the
ocean. Whole marine mammals or marine mammal parts designated as
biological specimens by the observer must be retained in cold storage
aboard the vessel until retrieved by authorized personnel of NMFS or the
IATTC when the vessel returns to port for unloading.
(4) It is unlawful for any person to forcibly assault, impede,
intimidate, interfere with, or to influence or attempt to influence an
observer, or to harass (including sexual harassment) an observer by
conduct that has the purpose or effect of unreasonably interfering with
the observer's work performance, or that creates an intimidating,
hostile, or offensive environment. In determining whether conduct
constitutes harassment, the totality of the circumstances, including the
nature of the conduct and the context in which it occurred, will be
considered. The determination of the legality of a particular action
will be made from the facts on a case-by-case basis.
(5)(i) All observers must be provided sleeping, toilet and eating
accommodations at least equal to that provided to a full crew member. A
mattress or futon on the floor or a cot is not acceptable in place of a
regular bunk. Meal and other galley privileges must be the same for the
observer as for other crew members.
(ii) Female observers on a vessel with an all-male crew must be
accommodated either in a single-person cabin or, if reasonable privacy
can be ensured by installing a curtain or other temporary divider, in a
two-person cabin shared with a licensed officer of the vessel. If the
cabin assigned to a female observer does not have its own toilet and
shower facilities that can be provided for the exclusive use of the
observer, then a schedule for time-sharing common facilities must be
established before the placement meeting and approved by NMFS or other
approved observer program and must be followed during the entire trip.
(iii) In the event there are one or more female crew members, the
female observer must be provided a bunk in a cabin shared solely with
female crew members, and provided toilet and shower facilities shared
solely with these female crew members.
(f) Importation, purchase, shipment, sale and transport. (1)(i) It
is illegal to import into the United States any fish, whether fresh,
frozen, or otherwise prepared, if the fish have been caught with
commercial fishing technology that results in the incidental kill or
incidental serious injury of marine mammals in excess of that allowed
under this part for U.S. fishermen, or as specified at paragraph (f)(6)
of this section.
(ii) For purposes of this paragraph (f), and in applying the
definition of an ``intermediary nation,'' an import occurs when the fish
or fish product is released from a nation's Customs' custody and enters
into the commerce of the nation. For other purposes, ``import'' is
defined in Sec. 216.3.
(2) Imports requiring a Fisheries Certificate of Origin. Shipments
of tuna, tuna
[[Page 30]]
products, and certain other fish products identified by the U.S.
Harmonized Tariff Schedule (HTS) numbers listed in paragraphs (f)(2)(i),
(f)(2)(ii) and (f)(2)(iii) of this section may not be imported into the
United States unless a properly completed Fisheries Certificate of
Origin (FCO), NOAA Form 370, is filed with the U.S. Customs Service at
the time of importation.
(i) HTS numbers requiring a Fisheries Certificate of Origin, subject
to yellowfin tuna embargo. The following HTS numbers identify yellowfin
tuna or yellowfin tuna products (other than fresh tuna) known to be
imported into the United States. All shipments imported into the United
States under these HTS numbers must be accompanied by an FCO. The scope
of yellowfin tuna embargoes and procedures for attaining an affirmative
finding are described under paragraphs (f)(6) and (f)(8) of this
section, respectively.
(A) Frozen:...............................
0303.42.0020.............................. Yellowfin tuna, whole,
frozen
0303.42.0040.............................. Yellowfin tuna, eviscerated,
head on, frozen
0303.42.0060.............................. Yellowfin tuna, other,
frozen
(B) Airtight Containers: (products
containing Yellowfin).
1604.14.1010.............................. Tuna, non-specific, in oil,
in foil or other flexible
airtight containers
weighing with their
contents not more than 6.8
kg each
1604.14.1090.............................. Tuna, non-specific, in oil,
in airtight containers,
other
1604.14.2291.............................. Tuna, other than albacore,
not in oil, in foil or
other flexible airtight
containers weighing with
their contents not more
than 6.8 kg each, under
quota
1604.14.2299.............................. Tuna, other than albacore,
not in oil, in airtight
containers, under quota
1604.14.3091.............................. Tuna, other than albacore,
not in oil, in foil or
other flexible airtight
containers weighing with
their contents not more
than 6.8 kg each, over
quota
1604.14.3099.............................. Tuna, other than albacore,
not in oil, in airtight
containers, over quota
(C) Loins: (Yellowfin)....................
1604.14.4000.............................. Tuna, not in airtight
containers, not in oil,
weighing with their
contents over 6.8 kg
1604.14.5000.............................. Tuna, not in airtight
containers, other
(D) Other: (products containing Yellowfin)
0304.20.2066.............................. Other fish, fillets,
skinned, in blocks weighing
over 4.5 kg, frozen
0304.20.6096.............................. Other fish, fillets, frozen
1604.20.2500.............................. Balls and cakes, not in oil,
in airtight containers,
other
1604.20.3000.............................. Balls and cakes, other
------------------------------------------------------------------------
(ii) HTS numbers requiring a Fisheries Certificate of Origin, not
subject to yellowfin tuna embargo. The following HTS numbers identify
tuna or tuna products, (other than fresh tuna or yellowfin tuna
identified in paragraph (f)(2)(i)) of this section, known to be imported
into the United States. All shipments imported into the United States
under these HTS numbers must be accompanied by an FCO.
(A) Frozen:...............................
0303.41.0000.............................. Albacore or longfinned
tunas, frozen
0303.43.0000.............................. Skipjack, frozen
0303.44.0000.............................. Bigeye, frozen
0303.45.0000.............................. Bluefin, frozen
0303.46.0000.............................. Bluefin Southern, frozen
0303.49.0100.............................. Other tuna, frozen
(B) Airtight Containers: (Other than
Yellowfin).
1604.14.1010.............................. Tuna, non-specific, in oil,
in foil or other flexible
airtight containers
weighing with their
contents not more than 6.8
kg each
1604.14.1090.............................. Tuna, non-specific, in oil,
in airtight containers,
other
1604.14.2251.............................. Tuna, albacore, not in oil,
in foil or other flexible
airtight containers
weighing with their
contents not more than 6.8
kg each, under quota
1604.14.2259.............................. Tuna, albacore, not in oil,
in airtight containers,
other, under quota
1604.14.2291.............................. Tuna, other than albacore,
not in oil, in foil or
other flexible airtight
containers weighing with
their contents not more
than 6.8 kg each, under
quota
1604.14.2299.............................. Tuna, other than albacore,
not in oil, in airtight
containers, other, under
quota
1604.14.3051.............................. Tuna, albacore, not in oil,
in foil or other flexible
airtight containers
weighing with their
contents not more than 6.8
kg each, over quota
1604.14.3059.............................. Tuna, albacore, not in oil,
in airtight containers,
other, over quota
1604.14.3091.............................. Tuna, other than albacore,
not in oil, in foil or
other flexible airtight
containers weighing with
their contents not more
than 6.8 kg each, over
quota
1604.14.3099.............................. Tuna, other than albacore,
not in oil, in airtight
containers, other, over
quota
(C) Loins: (Other than Yellowfin).........
1604.14.4000.............................. Tuna, not in airtight
containers, in bulk or in
immediate containers
weighing with their
contents over 6.8 kg, in
oil
1604.14.5000.............................. Tuna, not in airtight
containers, other
(D) Other: (only if the product contains
tuna).
0304.20.2066.............................. Other fish, fillets,
skinned, in blocks weighing
over 4.5 kg, frozen
0304.20.6096.............................. Other fish, fillets, frozen
1604.20.2500.............................. Balls and cakes, not in oil,
in airtight containers,
other
1604.20.3000.............................. Balls and cakes, other
------------------------------------------------------------------------
[[Page 31]]
(iii) Exports from driftnet nations only: HTS numbers requiring a
Fisheries Certificate of Origin and official certification. The
following HTS numbers identify categories of fish and shellfish, in
addition to those identified in paragraphs (f)(2)(i) and (f)(2)(ii) of
this section, known to have been harvested using a large-scale driftnet
and imported into the United States. Shipments exported from a large-
scale driftnet nation, as identified under paragraph (f)(7) of this
section, and imported into the United States under any of the HTS
numbers listed in paragraph (f)(2) of this section must be accompanied
by an FCO and the official statement described in paragraph (f)(4)(xiii)
of this section.
(A) Frozen:...............................
0303.19.0012.............................. Salmon, chinook, frozen
0303.19.0022.............................. Salmon, chum, frozen
0303.19.0032.............................. Salmon, pink, frozen
0303.19.0052.............................. Salmon, coho, frozen
0303.19.0062.............................. Salmon, Pacific, non-
specific, frozen
0303.21.0000.............................. Trout, frozen
0303.22.0000.............................. Salmon, Atlantic and Danube,
frozen
0303.29.0000.............................. Salmonidae, other, frozen
0303.75.0010.............................. Dogfish, frozen
0303.75.0090.............................. Other sharks, frozen
0303.79.2041.............................. Swordfish steaks, frozen
0303.79.2049.............................. Swordfish, other, frozen
0303.79.4097.............................. Fish, other, frozen
0304.20.2066.............................. Fish, fillet, skinned, in
blocks, frozen over 4.5 kg
0304.20.6008.............................. Salmonidae, salmon fillet,
frozen
0304.20.6092.............................. Swordfish fillets, frozen
0304.20.6096.............................. Fish, fillet, other, frozen
0307.49.0010.............................. Squid, other, fillet, frozen
(B) Canned:...............................
1604.11.2020.............................. Salmon, pink, canned in oil,
in airtight containers
1604.11.2030.............................. Salmon, sockeye, canned in
oil, in airtight containers
1604.11.2090.............................. Salmon, other, canned in
oil, in airtight containers
1604.11.4010.............................. Salmon, chum, canned, not in
oil
1604.11.4020.............................. Salmon, pink, canned, not in
oil
1604.11.4030.............................. Salmon, sockeye, canned, not
in oil
1604.11.4040.............................. Salmon, other, canned, not
in oil
1604.11.4050.............................. Salmon, other, canned, not
in oil
1604.19.2000.............................. Fish, other, in airtight
containers, not in oil
1604.19.3000.............................. Fish, other, in airtight
containers, in oil
1605.90.6050.............................. Squid, loligo, prepared/
preserved
1605.90.6055.............................. Squid, other, prepared/
preserved
(C) Other:................................
0305.30.6080.............................. Fish, other, fillet, dried/
salted/brine
0305.49.4040.............................. Fish, other, smoked
0305.59.2000.............................. Shark fins, dried
0305.59.4000.............................. Fish, other, dried
0305.69.4000.............................. Salmon, other, salted (or in
brine)
0305.69.5000.............................. Fish, other, salted (or in
brine), in immediate
containers, not over 6.8 kg
0305.69.6000.............................. Fish, other, salted (or in
brine)
0307.49.0050.............................. Squid, other, frozen/dried/
salted/brine
0307.49.0060.............................. Squid, other, & cuttle fish
frozen/dried/salted/brine
------------------------------------------------------------------------
(3) Disposition of Fisheries Certificates of Origin. The FCO
described in paragraph (f)(4) of this section may be obtained from the
Administrator, Southwest Region, or downloaded from the Internet at
http://swr.nmfs.noaa.gov/noaa370.htm.
(i) A properly completed FCO and its attached certificates, if
applicable, must accompany the required U.S. Customs entry documents
that are filed at the time of import.
(ii) FCOs and associated certifications, if any, that accompany
imported shipments of tuna must be submitted by the importer of record
to the Tuna Tracking and Verification Program, Southwest Region, within
30 days of the shipment's entry into the commerce of the United States.
FCOs submitted via mail should be sent to Tuna Tracking and Verification
Program, Southwest Region, P.O. Box 32469, Long Beach, CA 90832-2469.
Copies of the documents may be submitted electronically using a secure
file transfer protocol (FTP) site. Importers of record interested in
submitting FCOs and associated certifications via FTP may contact a
representative of the Tuna Tracking and Verification Program at the
following email address: [email protected]. The Tuna Tracking and
Verification Program will facilitate secure transfer and protection of
certifications by assigning a separate electronic folder for each
importer. Access to the electronic folder will require a user
identification and password. The Tuna Tracking and Verification Program
will assign each importer a unique user identification and password.
Safeguarding the confidentiality of the user identification and password
is the responsibility of the importer to whom they are assigned. Copies
of the documents may also be submitted via mail either on compact disc
or as hard copies. All electronic submissions, whether via FTP or on
compact disc, must be in either Adobe Portable Document Format (PDF) or
as an image file embedded in a Microsoft Word, Microsoft PowerPoint, or
Corel WordPerfect file.
(iii) FCOs that accompany imported shipments of tuna destined for
further processing in the United States must
[[Page 32]]
be endorsed at each change in ownership and submitted to the
Administrator, Southwest Region, by the last endorser when all required
endorsements are completed.
(iv) Importers and exporters are required to retain their records,
including FCOs, import or export documents, invoices, and bills of
lading for 2 years, and such records must be made available within 30
days of a request by the Secretary or the Administrator, Southwest
Region.
(4) Contents of Fisheries Certificate of Origin. An FCO, certified
to be accurate by the exporter(s) of the accompanying shipment, must
include the following information:
(i) Customs entry identification;
(ii) Date of entry;
(iii) Exporter's full name and complete address;
(iv) Importer's or consignee's full name and complete address;
(v) Species description, product form, and HTS number;
(vi) Total net weight of the shipment in kilograms;
(vii) Ocean area where the fish were harvested (ETP, western Pacific
Ocean, south Pacific Ocean, eastern Atlantic Ocean, western Atlantic
Ocean, Caribbean Sea, Indian Ocean, or other);
(viii) Type of fishing gear used to harvest the fish (purse seine,
longline, baitboat, large-scale driftnet, gillnet, trawl, pole and line,
or other);
(ix) Country under whose laws the harvesting vessel operated based
upon the flag of the vessel or, if a certified charter vessel, the
country that accepted responsibility for the vessel's fishing
operations;
(x) Dates on which the fishing trip began and ended;
(xi) The name of the harvesting vessel;
(xii) Dolphin-safe condition of the shipment, described by checking
the appropriate statement on the form and attaching additional
certifications if required;
(xiii) For shipments harvested by vessels of a nation known to use
large-scale driftnets, as determined by the Secretary pursuant to
paragraph (f)(7) of this section, the High Seas Driftnet Certification
contained on the FCO must be dated and signed by a responsible
government official of the harvesting nation, certifying that the fish
or fish products were harvested by a method other than large-scale
driftnet; and
(xiv) Each additional importer, exporter, or processor who takes
custody of the shipment must sign and date the form to certify that the
form and attached documentation accurately describes the shipment of
fish that they accompany.
(5) Dolphin-safe label. Tuna or tuna products sold in or exported
from the United States that include on the label the term ``dolphin-
safe'' or any other term or symbol that claims or suggests the tuna were
harvested in a manner not injurious to dolphins are subject to the
requirements of subpart H of this part (Sec. 216.90 et seq.).
(6) Scope of embargoes--(i) ETP yellowfin tuna embargo. Yellowfin
tuna or products of yellowfin tuna harvested using a purse seine in the
ETP identified by an HTS number listed in paragraph (f)(2)(i) of this
section may not be imported into the United States if such tuna or tuna
products were:
(A) Harvested on or after March 3, 1999, the effective date of
section 4 of the IDCPA, and harvested by, or exported from, a nation
that the Assistant Administrator has determined has jurisdiction over
purse seine vessels of greater than 400 st (362.8 mt) carrying capacity
harvesting tuna in the ETP, unless the Assistant Administrator has made
an affirmative finding required for importation for that nation under
paragraph (f)(8) of this section;
(B) Exported from an intermediary nation, as defined in Section 3 of
the MMPA, and a ban is currently in force prohibiting the importation
from that nation under paragraph (f)(9) of this section; or
(C) Harvested before March 3, 1999, the effective date of Section 4
of the IDCPA, and would have been banned from importation under Section
101(a)(2) of the MMPA at the time of harvest.
(ii) Driftnet embargo. A shipment containing fish or fish products
identified by an HTS number listed in paragraph (f)(2) of this section
may not be imported into the United States if it is harvested by a
large-scale driftnet, or
[[Page 33]]
if it is exported from or harvested on the high seas by any nation
determined by the Assistant Administrator to be engaged in large-scale
driftnet fishing, unless a government official of the large-scale
driftnet nation completes, signs and dates the High Seas Driftnet
section of the FCO certifying that the fish or fish products were
harvested by a method other than large-scale driftnet.
(iii) Pelly certification. After 6 months of an embargo being in
place against a nation under this section, the Secretary will certify
that nation under section 8(a) of the Fishermen's Protective Act (22
U.S.C. 1978(a)). When such an embargo is lifted, the Secretary will
terminate the certification under Section 8(d) of that Act (22 U.S.C.
1978(d)).
(iv) Coordination. The Assistant Administrator will promptly advise
the Department of State and the Department of Homeland Security of
embargo decisions, actions, and finding determinations.
(7) Large-scale driftnet nation: determination. Based upon the best
information available, the Assistant Administrator will determine which
nations have registered vessels that engage in fishing using large-scale
driftnets. Such determinations will be published in the Federal
Register. A responsible government official of any such nation may
certify to the Assistant Administrator that none of the nation's vessels
use large-scale driftnets. Upon receipt of the certification, the
Assistant Administrator may find, and publish such finding in the
Federal Register, that none of that nation's vessels engage in fishing
with large-scale driftnets.
(8) Affirmative finding procedure for nations harvesting yellowfin
tuna using a purse seine in the ETP. (i) The Assistant Administrator
will determine, on an annual basis, whether to make an affirmative
finding based upon documentary evidence provided by the government of
the harvesting nation or by the IDCP and the IATTC, and will publish the
finding in the Federal Register. A finding will remain valid for 1 year
or for such other period as the Assistant Administrator may determine.
An affirmative finding will be terminated if the Assistant Administrator
determines that the requirements of this paragraph are no longer being
met. Every 5 years, the government of the harvesting nation must submit
such documentary evidence directly to the Assistant Administrator and
request an affirmative finding. Documentary evidence must be submitted
by the harvesting nation for the first affirmative finding application.
The Assistant Administrator may require the submission of supporting
documentation or other verification of statements made in connection
with requests to allow importations. An affirmative finding applies to
yellowfin tuna and yellowfin tuna products that were harvested by
vessels of the nation after March 3, 1999. To make an affirmative
finding, the Assistant Administrator must find that:
(A) The harvesting nation participates in the IDCP and is either a
member of the IATTC or has initiated (and within 6 months thereafter
completed) all steps required of applicant nations, in accordance with
article V, paragraph 3, of the Convention establishing the IATTC, to
become a member of that organization;
(B) The nation is meeting its obligations under the IDCP and its
obligations of membership in the IATTC, including all financial
obligations;
(C)(1) The annual total dolphin mortality of the nation's purse
seine fleet (including certified charter vessels operating under its
jurisdiction) did not exceed the aggregated total of the mortality
limits assigned by the IDCP for that nation's purse seine vessels for
the year preceding the year in which the finding would start; or
(2)(i) Because of extraordinary circumstances beyond the control of
the nation and the vessel captains, the total dolphin mortality of the
nation's purse seine fleet (including certified charter vessels
operating under its jurisdiction) exceeded the aggregated total of the
mortality limits assigned by the IDCP for that nation's purse seine
vessels; and
(ii) Immediately after the national authorities discovered the
aggregate mortality of its fleet had been exceeded, the nation required
all its vessels to cease fishing for tuna in association
[[Page 34]]
with dolphins for the remainder of the calendar year; and
(D)(1) In any years in which the parties agree to a global
allocation system for per-stock per-year individual stock quotas, the
nation responded to the notification from the IATTC that an individual
stock quota had been reached by prohibiting any additional sets on the
stock for which the quota had been reached;
(2) If a per-stock per-year quota is allocated to each nation, the
annual per-stock per-year dolphin mortality of the nation's purse seine
fleet (including certified charter vessels operating under its
jurisdiction) did not exceed the aggregated total of the per-stock per-
year limits assigned by the IDCP for that nation's purse seine vessels
(if any) for the year preceding the year in which the finding would
start; or
(3)(i) Because of extraordinary circumstances beyond the control of
the nation and the vessel captains, the per-stock per-year dolphin
mortality of the nation's purse seine fleet (including certified charter
vessels operating under its jurisdiction) exceeded the aggregated total
of the per-stock per-year limits assigned by the IDCP for that nation's
purse seine vessels; and
(ii) Immediately after the national authorities discovered the
aggregate per-stock mortality limits of its fleet had been exceeded, the
nation required all its vessels to cease fishing for tuna in association
with the stocks whose limits had been exceeded, for the remainder of the
calendar year.
(iii) Documentary Evidence and Compliance with the IDCP--(A)
Documentary Evidence. The Assistant Administrator will make an
affirmative finding under paragraph (f)(8)(i) of this section only if
the government of the harvesting nation provides directly to the
Assistant Administrator, or authorizes the IATTC to release to the
Assistant Administrator, complete, accurate, and timely information that
enables the Assistant Administrator to determine whether the harvesting
nation is meeting the obligations of the IDCP, and whether ETP-harvested
tuna imported from such nation comports with the tracking and
verification regulations of subpart H of this part.
(B) Revocation. After considering the information provided under
paragraph (f)(8)(ii)(A) of this section, each party's financial
obligations to the IATTC, and any other relevant information, including
information that a nation is consistently failing to take enforcement
actions on violations that diminish the effectiveness of the IDCP, the
Assistant Administrator, in consultation with the Secretary of State,
will revoke an affirmative finding issued to a nation that is not
meeting the obligations of the IDCP.
(iv) A harvesting nation may apply for an affirmative finding at any
time by providing to the Assistant Administrator the information and
authorizations required in paragraphs (f)(8)(i) and (f)(8)(ii) of this
section, allowing at least 60 days from the submission of complete
information to NMFS for processing.
(v) The Assistant Administrator will make or renew an affirmative
finding for the period from April 1 through March 31 of the following
year, or portion thereof, if the harvesting nation has provided all the
information and authorizations required by paragraphs (f)(8)(i) and
(f)(8)(ii) of this section, and has met the requirements of paragraphs
(f)(8)(i) and (f)(8)(ii) of this section.
(vi) Reconsideration of finding. The Assistant Administrator may
reconsider a finding upon a request from, and the submission of
additional information by, the harvesting nation, if the information
indicates that the nation has met the requirements under paragraphs
(f)(8)(i) and (f)(8)(ii) of this section.
(9) Intermediary nation. Except as authorized under this paragraph,
no yellowfin tuna or yellowfin tuna products harvested by purse seine in
the ETP classified under one of the HTS numbers listed in paragraph
(f)(2)(i) of this section may be imported into the United States from
any intermediary nation.
(i) An ``intermediary nation'' is a nation that exports yellowfin
tuna or yellowfin tuna products to the United States and that imports
yellowfin tuna or yellowfin tuna products that are subject to a direct
ban on importation
[[Page 35]]
into the United States pursuant to Section 101(a)(2)(B) of the MMPA.
(ii) Shipments of yellowfin tuna that pass through any nation (e.g.
on a 'through Bill of Lading') and are not entered for consumption in
that nation are not considered to be imports to that nation and thus,
would not cause that nation to be considered an intermediary nation
under the MMPA.
(iii) The Assistant Administrator will publish in the Federal
Register a notice announcing when NMFS has determined, based on the best
information available, that a nation is an ``intermediary nation.''
After the effective date of that notice, the import restrictions of this
paragraph shall apply.
(iv) Changing the status of intermediary nation determinations.
Imports from an intermediary nation of yellowfin tuna and yellowfin tuna
products classified under any of the HTS numbers in paragraph (f)(2)(i)
of this section may be imported into the United States only if the
Assistant Administrator determines, and publishes a notice of such
determination in the Federal Register, that the intermediary nation has
provided certification and reasonable proof that it has not imported in
the preceding 6 months yellowfin tuna or yellowfin tuna products that
are subject to a ban on direct importation into the United States under
Section 101(a)(2)(B) of the MMPA. At that time, the nation shall no
longer be considered an ``intermediary nation'' and these import
restrictions shall no longer apply.
(v) The Assistant Administrator will review decisions under this
paragraph upon the request of an intermediary nation. Such requests must
be accompanied by specific and detailed supporting information or
documentation indicating that a review or reconsideration is warranted.
For purposes of this paragraph, the term ``certification and reasonable
proof'' means the submission to the Assistant Administrator by a
responsible government official from the nation of a document reflecting
the nation's customs records for the preceding 6 months, together with a
certification attesting that the document is accurate.
(10) Fish refused entry. If fish is denied entry under paragraph
(f)(2) of this section, the Port Director of Customs shall refuse to
release the fish for entry into the United States.
(11) Disposition of fish refused entry into the United States. Fish
that is denied entry under paragraph (f)(2) of this section and that is
not exported under Customs supervision within 90 days shall be disposed
of under Customs laws and regulations at the importer's expense.
Provided, however, that any disposition shall not result in an
introduction into the United States of fish caught in violation of the
MMPA.
(12) Market Prohibitions. (i) It is unlawful for any person to sell,
purchase, offer for sale, transport, or ship in the United States, any
tuna or tuna products unless the tuna products are either:
(A) Dolphin-safe under subpart H of this part; or
(B) Harvested in compliance with the IDCP by vessels under the
jurisdiction of a nation that is a member of the IATTC or has initiated,
and within 6 months thereafter completes, all steps required by an
applicant nation to become a member of the IATTC.
(ii) It is unlawful for any exporter, transshipper, importer,
processor, or wholesaler/distributor to possess, sell, purchase, offer
for sale, transport, or ship in the United States, any tuna or tuna
products bearing a label or mark that refers to dolphins, porpoises, or
marine mammals unless the label or mark complies with the requirements
of 16 U.S.C. 1385(d).
(g) Penalties. Any person or vessel subject to the jurisdiction of
the United States will be subject to the penalties provided for under
the MMPA for the conduct of fishing operations in violation of these
regulations. Penalties for violating these regulations may include, but
are not limited to, civil monetary fines, permit suspension or
revocation, and reductions in current and future DMLs. Recommended
sanctions are identified in the IDCPA/DPCIA Tuna/Dolphin Civil
Administrative Penalty Schedule. Procedures for the imposition of
penalties under the MMPA are found at 15 CFR part 904.
[69 FR 55297, Sept. 13, 2004, as amended at 70 FR 19008, Apr. 12, 2005]
[[Page 36]]
Sec. 216.25 Exempted marine mammals and marine mammal products.
(a) The provisions of the MMPA and these regulations shall not
apply:
(1) To any marine mammal taken before December 21, 1972 \1\, or
---------------------------------------------------------------------------
\1\ In the context of captive maintenance of marine mammals, the
only marine mammals exempted under this section are those that were
actually captured or otherwise in captivity before December 21, 1972.
---------------------------------------------------------------------------
(2) To any marine mammal product if the marine mammal portion of
such product consists solely of a marine mammal taken before such date.
(b) The prohibitions contained in Sec. 216.12(c) (3) and (4) shall
not apply to marine mammals or marine mammal products imported into the
United States before the date on which a notice is published in the
Federal Register with respect to the designation of the species or stock
concerned as depleted or endangered.
(c) Section 216.12(b) shall not apply to articles imported into the
United States before the effective date of the foreign law making the
taking or sale, as the case may be, of such marine mammals or marine
mammal products unlawful.
[39 FR 1852, Jan. 15, 1974, as amended at 56 FR 43888, Sept. 5, 1991; 59
FR 50376, Oct. 3, 1994]
Sec. 216.26 Collection of certain marine mammal parts without prior
authorization.
Notwithstanding any other provision of this subpart:
(a) Any bones, teeth or ivory of any dead marine mammal may be
collected from a beach or from land within\1/4\ of a mile of the ocean.
The term ocean includes bays and estuaries.
(b) Notwithstanding the provisions of subpart D, soft parts that are
sloughed, excreted, or discharged naturally by a living marine mammal in
the wild may be collected or imported for bona fide scientific research
and enhancement, provided that collection does not involve the taking of
a living marine mammal in the wild.
(c) Any marine mammal part collected under paragraph (a) of this
section or any marine mammal part collected and imported under paragraph
(b) of this section must be registered and identified, and may be
transferred or otherwise possessed, in accordance with Sec. 216.22(c).
In registering a marine mammal part collected or imported under
paragraph (b) of this section, the person who collected or imported the
part must also state the scientific research or enhancement purpose for
which the part was collected or imported.
(d) No person may purchase, sell or trade for commercial purposes
any marine mammal part collected or imported under this section.
(e) The export of parts collected without prior authorization under
paragraph (b) of this section may occur if consistent with the
provisions at Sec. 216.37(d) under subpart D.
[39 FR 1852, Jan. 15, 1974, as amended at 59 FR 50376, Oct. 3, 1994; 61
FR 21933, May 10, 1996]
Sec. 216.27 Release, non-releasability, and disposition under special
exception permits for rehabilitated marine mammals.
(a) Release requirements. (1) Any marine mammal held for
rehabilitation must be released within six months of capture or import
unless the attending veterinarian determines that:
(i) The marine mammal might adversely affect marine mammals in the
wild;
(ii) Release of the marine mammal to the wild will not likely be
successful given the physical condition and behavior of the marine
mammal; or
(iii) More time is needed to determine whether the release of the
marine mammal to the wild will likely be successful. Releasability must
be reevaluated at intervals of no less than six months until 24 months
from capture or import, at which time there will be a rebuttable
presumption that release into the wild is not feasible.
(2) The custodian of the rehabilitated marine mammal shall provide
written notification prior to any release into the wild.
(i) Notification shall be provided to:
(A) The NMFS Regional Director at least 15 days in advance of
releasing any beached or stranded marine mammal, unless advance notice
is waived in writing by the Regional Director; or
[[Page 37]]
(B) The Office Director at least 30 days in advance of releasing any
imported marine mammal.
(ii) Notification shall include the following:
(A) A description of the marine mammal, including its physical
condition and estimated age;
(B) The date and location of release; and
(C) The method and duration of transport prior to release.
(3) The Regional Director, or the Office Director as appropriate,
may:
(i) Require additional information prior to any release;
(ii) Change the date or location of release, or the method or
duration of transport prior to release;
(iii) Impose additional conditions to improve the likelihood of
success or to monitor the success of the release; or
(iv) Require other disposition of the marine mammal.
(4) All marine mammals must be released near wild populations of the
same species, and stock if known, unless a waiver is granted by the
Regional Director or the Office Director.
(5) All marine mammals released must be tagged or marked in a manner
acceptable to the Regional Director or the Office Director. The tag
number or description of the marking must be reported to the Regional
Director or Office Director following release.
(b) Non-releasability and postponed determinations. (1) The
attending veterinarian shall provide the Regional Director or Office
Director with a written report setting forth the basis of any
determination under paragraphs (a)(1)(i) through (iii) of this section.
(2) Upon receipt of a report under paragraph (b)(1) of this section,
the Regional Director or Office Director, in their sole discretion, may:
(i) Order the release of the marine mammal;
(ii) Order continued rehabilitation for an additional 6 months; or
(iii) Order other disposition as authorized.
(3) No later than 30 days after a marine mammal is determined
unreleasable in accordance with paragraphs (a)(1)(i) through (iii) of
this section, the person with authorized custody must:
(i) Request authorization to retain or transfer custody of the
marine mammal in accordance with paragraph (c) of this section, or;
(ii) Humanely euthanize the marine mammal or arrange any other
disposition of the marine mammal authorized by the Regional Director or
Office Director.
(4) Notwithstanding any of the provisions of this section, the
Office Director may require use of a rehabilitated marine mammal for any
activity authorized under subpart D in lieu of animals taken from the
wild.
(5) Any rehabilitated beached or stranded marine mammal placed on
public display following a non-releasability determination under
paragraph (a)(1) of this section and pending disposition under paragraph
(c) of this section, or any marine mammal imported for medical treatment
otherwise unavailable and placed on public display pending disposition
after such medical treatment is concluded, must be held in captive
maintenance consistent with all requirements for public display.
(c) Disposition for a special exception purpose. (1) Upon receipt of
an authorization request made under paragraph (b)(3)(i) of this section,
or release notification under (a)(2), the Office Director may authorize
the retention or transfer of custody of the marine mammal for a special
exception purpose authorized under subpart D.
(2) The Office Director will first consider requests from a person
authorized to hold the marine mammal for rehabilitation. The Office
Director may authorize such person to retain or transfer custody of the
marine mammal for scientific research, enhancement, or public display
purposes.
(3) The Office Director may authorize retention or transfer of
custody of the marine mammal only if:
(i) Documentation has been submitted to the Office Director that the
person retaining the subject animal or the person receiving custody of
the subject animal by transfer, hereinafter referred to as the
recipient, complies with public display requirements of 16 U.S.C.
1374(c)(2)(A) or, for purposes of scientific research and enhancement,
[[Page 38]]
holds an applicable permit, or an application for such a special
exception permit under Sec. 216.33 or a request for a major amendment
under Sec. 216.39 has been submitted to the Office Director and has
been found complete;
(ii) The recipient agrees to hold the marine mammal in conformance
with all applicable requirements and standards; and
(iii) The recipient acknowledges that the marine mammal is subject
to seizure by the Office Director:
(A) If, at any time pending issuance of the major amendment or
permit, the Office Director determines that seizure is necessary in the
interest of the health or welfare of the marine mammal;
(B) If the major amendment or permit is denied; or
(C) If the recipient is issued a notice of violation and assessment,
or is subject to permit sanctions, in accordance with 15 CFR part 904.
(4) There shall be no remuneration associated with any transfer,
provided that, the transferee may reimburse the transferor for any and
all costs associated with the rehabilitation and transport of the marine
mammal.
(5) Marine mammals undergoing rehabilitation or pending disposition
under this section shall not be subject to public display, unless such
activities are specifically authorized by the Regional Director or the
Office Director, and conducted consistent with the requirements
applicable to public display. Such marine mammals shall not be trained
for performance or be included in any aspect of a program involving
interaction with the public; and
(6) Marine mammals undergoing rehabilitation shall not be subject to
intrusive research, unless such activities are specifically authorized
by the Office Director in consultation with the Marine Mammal Commission
and its Committee of Scientific Advisors on Marine Mammals, and are
conducted pursuant to a scientific research permit.
(d) Reporting. In addition to the report required under Sec.
216.22(b), the person authorized to hold marine mammals for
rehabilitation must submit reports to the Regional Director or Office
Director regarding release or other disposition. These reports must be
provided in the form and frequency specified by the Regional Director or
Office Director.
[61 FR 21933, May 10, 1996]
Subpart D_Special Exceptions
Sec. 216.30 [Reserved]
Sec. 216.31 Definitions.
For the purpose of this subpart, the definitions set forth in 50 CFR
part 217 shall apply to all threatened and endangered marine mammals,
unless a more restrictive definition exists under the MMPA or part 216.
[61 FR 21935, May 10, 1996]
Sec. 216.32 Scope.
The regulations of this subpart apply to:
(a) All marine mammals and marine mammal parts taken or born in
captivity after December 20, 1972; and
(b) All marine mammals and marine mammal parts that are listed as
threatened or endangered under the ESA.
[61 FR 21935, May 10, 1996]
Sec. 216.33 Permit application submission, review, and decision
procedures.
(a) Application submission. Persons seeking a special exemption
permit under this subpart must submit an application to the Office
Director. The application must be signed by the applicant, and provide
in a properly formatted manner all information necessary to process the
application. Written instructions addressing information requirements
and formatting may be obtained from the Office Director upon request.
(b) Applications to export living marine mammals. For applicants
seeking a special exception permit to export living marine mammals, the
application must:
(1) Be submitted through the Convention on International Trade in
Endangered Fauna and Flora management authority of the foreign
government or, if different, the appropriate agency or agencies of the
foreign government
[[Page 39]]
that exercises oversight over marine mammals.
(2) Include a certification from the foreign government that:
(i) The information set forth in the application is accurate;
(ii) The laws and regulations of the foreign governmentinvolved
allow enforcement of the terms and conditions of the permit, and that
the foreign government will enforce all terms and conditions; and
(iii) The foreign government involved will afford comity to any
permit amendment, modification, suspension or revocation decision.
(c) Initial review. (1) NMFS will notify the applicant of receipt of
the application.
(2) During the initial review, the Office Director will determine:
(i) Whether the application is complete.
(ii) Whether the proposed activity is for purposes authorized under
this subpart.
(iii) If the proposed activity is for enhancement purposes, whether
the species or stock identified in the application is in need of
enhancement for its survival or recovery and whether the proposed
activity will likely succeed in its objectives.
(iv) Whether the activities proposed are to be conducted consistent
with the permit restrictions and permit specific conditions as described
in Sec. 216.35 and Sec. 216.36(a).
(v) Whether sufficient information is included regarding the
environmental impact of the proposed activity to enable the Office
Director:
(A) To make an initial determination under the National
Environmental Policy Act (NEPA) as to whether the proposed activity is
categorically excluded from preparation of further environmental
documentation, or whether the preparation of an environmental assessment
(EA) or environmental impact statement (EIS) is appropriate or
necessary; and
(B) To prepare an EA or EIS if an initial determination is made by
the Office Director that the activity proposed is not categorically
excluded from such requirements.
(3) The Office Director may consult with the Marine Mammal
Commission (Commission) and its Committee of Scientific Advisors on
Marine Mammals (Committee) in making these initial, and any subsequent,
determinations.
(4) Incomplete applications will be returned with explanation. If
the applicant fails to resubmit a complete application or correct the
identified deficiencies within 60 days, the application will be deemed
withdrawn. Applications that propose activities inconsistent with this
subpart will be returned with explanation, and will not be considered
further.
(d) Notice of receipt and application review. (1) Upon receipt of a
valid, complete application, and the preparation of any NEPA
documentation that has been determined initially to be required, the
Office Director will publish a notice of receipt in the Federal
Register. The notice will:
(i) Summarize the application, including:
(A) The purpose of the request;
(B) The species and number of marine mammals;
(C) The type and manner of special exception activity proposed;
(D) The location(s) in which the marine mammals will be taken, from
which they will be imported, or to which they will be exported; and
(E) The requested period of the permit.
(ii) List where the application is available for review.
(iii) Invite interested parties to submit written comments
concerning the application within 30 days of the date of the notice.
(iv) Include a NEPA statement that an initial determination has been
made that the activity proposed is categorically excluded from the
requirement to prepare an EA or EIS, that an EA was prepared resulting
in a finding of no significant impact, or that a final EIS has been
prepared and is available for review.
(2) The Office Director will forward a copy of the complete
application to the Commission for comment. If no comments are received
within 45 days (or such longer time as the Office Director may
establish) the Office Director will consider the Commission to have no
objection to issuing a permit.
[[Page 40]]
(3) The Office Director may consult with any other person,
institution, or agency concerning the application.
(4) Within 30 days of publication of the notice of receipt in the
Federal Register, any interested party may submit written comments or
may request a public hearing on the application.
(5) If the Office Director deems it advisable, the Office Director
may hold a public hearing within 60 days of publication of the notice of
receipt in the Federal Register. Notice of the date, time, and place of
the public hearing will be published in the Federal Register not less
than 15 days in advance of the public hearing. Any interested person may
appear in person or through representatives and may submit any relevant
material, data, views, or comments. A summary record of the hearing will
be kept.
(6) The Office Director may extend the period during which any
interested party may submit written comments. Notice of the extension
must be published in the Federal Register within 60 days of publication
of the notice of receipt in the Federal Register.
(7) If, after publishing a notice of receipt, the Office Director
determines on the basis of new information that an EA or EIS must be
prepared, the Office Director must deny the permit unless an EA is
prepared with a finding of no significant impact. If a permit is denied
under these circumstances the application may be resubmitted with
information sufficient to prepare an EA or EIS, and will be processed as
a new application.
(e) Issuance or denial procedures. (1) Within 30 days of the close
of the public hearing or, if no public hearing is held, within 30 days
of the close of the public comment period, the Office Director will
issue or deny a special exception permit.
(2) The decision to issue or deny a permit will be based upon:
(i) All relevant issuance criteria set forth at Sec. 216.34;
(ii) All purpose-specific issuance criteria as appropriate set forth
at Sec. 216.41, Sec. 216.42, and Sec. 216.43;
(iii) All comments received or views solicited on the permit
application; and
(iv) Any other information or data that the Office Director deems
relevant.
(3) If the permit is issued, upon receipt, the holder must date and
sign the permit, and return a copy of the original to the Office
Director. The permit shall be effective upon the permit holder's signing
of the permit. In signing the permit, the holder:
(i) Agrees to abide by all terms and conditions set forth in the
permit, and all restrictions and relevant regulations under this
subpart; and
(ii) Acknowledges that the authority to conduct certain activities
specified in the permit is conditional and subject to authorization by
the Office Director.
(4) Notice of the decision of the Office Director shall be published
in the Federal Register within 10 days after the date of permit issuance
or denial and shall indicate where copies of the permit, if issued, may
be reviewed or obtained. If the permit issued involves marine mammals
listed as endangered or threatened under the ESA, the notice shall
include a finding by the Office Director that the permit:
(i) Was applied for in good faith;
(ii) If exercised, will not operate to the disadvantage of such
endangered or threatened species; and
(iii) Is consistent with the purposes and policy set forth in
section 2 of the ESA.
(5) If the permit is denied, the Office Director shall provide the
applicant with an explanation for the denial.
(6) Under the MMPA, the Office Director may issue a permit for
scientific research before the end of the public comment period if
delaying issuance could result in injury to a species, stock, or
individual, or in loss of unique research opportunities. The Office
Director also may waive the 30-day comment period required under the ESA
in an emergency situation where the health or life of an endangered or
threatened marine mammal is threatened and no reasonable alternative is
available. If a permit is issued under these circumstances, notice of
such issuance before the end of the comment period shall be published in
the Federal Register within 10 days of issuance.
[[Page 41]]
(7) The applicant or any party opposed to a permit may seek judicial
review of the terms and conditions of such permit or of a decision to
deny such permit. Review may be obtained by filing a petition for review
with the appropriate U.S. District Court as provided for by law.
[61 FR 21935, May 10, 1996]
Sec. 216.34 Issuance criteria.
(a) For the Office Director to issue any permit under this subpart,
the applicant must demonstrate that:
(1) The proposed activity is humane and does not present any
unnecessary risks to the health and welfare of marine mammals;
(2) The proposed activity is consistent with all restrictions set
forth at Sec. 216.35 and any purpose-specific restrictions as
appropriate set forth at Sec. 216.41, Sec. 216.42, and Sec. 216.43;
(3) The proposed activity, if it involves endangered or threatened
marine mammals, will be conducted consistent with the purposes and
policies set forth in section 2 of the ESA;
(4) The proposed activity by itself or in combination with other
activities, will not likely have a significant adverse impact on the
species or stock;
(5) Whether the applicant's expertise, facilities, and resources are
adequate to accomplish successfully the objectives and activities stated
in the application;
(6) If a live animal will be held captive or transported, the
applicant's qualifications, facilities, and resources are adequate for
the proper care and maintenance of the marine mammal; and
(7) Any requested import or export will not likely result in the
taking of marine mammals or marine mammal parts beyond those authorized
by the permit.
(b) The opinions or views of scientists or other persons or
organizations knowledgeable of the marine mammals that are the subject
of the application or of other matters germane to the application will
be considered.
[61 FR 21936, May 10, 1996]
Sec. 216.35 Permit restrictions.
The following restrictions shall apply to all permits issued under
this subpart:
(a) The taking, importation, export, or other permitted activity
involving marine mammals and marine mammal parts shall comply with the
regulations of this subpart.
(b) The maximum period of any special exception permit issued, or
any major amendment granted, is five years from the effective date of
the permit or major amendment. In accordance with the provisions of
Sec. 216.39, the period of a permit may be extended by a minor
amendment up to 12 months beyond that established in the original
permit.
(c) Except as provided for in Sec. 216.41(c)(1)(v), marine mammals
or marine mammal parts imported under the authority of a permit must be
taken or imported in a humane manner, and in compliance with the Acts
and any applicable foreign law. Importation of marine mammals and marine
mammal parts is subject to the provisions of 50 CFR part 14.
(d) The permit holder shall not take from the wild any marine mammal
which at the time of taking is either unweaned or less than eight months
old, or is a part of a mother-calf/pup pair, unless such take is
specifically authorized in the conditions of the special exception
permit. Additionally, the permit holder shall not import any marine
mammal that is pregnant or lactating at the time of taking or import, or
is unweaned or less than eight months old unless such import is
specifically authorized in the conditions of the special exception
permit.
(e) Captive marine mammals shall not be released into the wild
unless specifically authorized by the Office Director under a scientific
research or enhancement permit.
(f) The permit holder is responsible for all activities of any
individual who is operating under the authority of the permit;
(g) Individuals conducting activities authorized under the permit
must possess qualifications commensurate with their duties and
responsibilities, or must be under the direct supervision of a person
with such qualifications;
[[Page 42]]
(h) Persons who require state or Federal licenses to conduct
activities authorized under the permit must be duly licensed when
undertaking such activities;
(i) Special exception permits are not transferable or assignable to
any other person, and a permit holder may not require any direct or
indirect compensation from another person in return for requesting
authorization for such person to conduct the taking, import, or export
activities authorized under the subject permit;
(j) The permit holder or designated agent shall possess a copy of
the permit when engaged in a permitted activity, when the marine mammal
is in transit incidental to such activity, and whenever marine mammals
or marine mammal parts are in the possession of the permit holder or
agent. A copy of the permit shall be affixed to any container, package,
enclosure, or other means of containment, in which the marine mammals or
marine mammal parts are placed for purposes of transit, supervision, or
care. For marine mammals held captive and marine mammal parts in
storage, a copy of the permit shall be kept on file in the holding or
storage facility.
[61 FR 21936, May 10, 1996]
Sec. 216.36 Permit conditions.
(a) Specific conditions. (1) Permits issued under this subpart shall
contain specific terms and conditions deemed appropriate by the Office
Director, including, but not limited to:
(i) The number and species of marine mammals that are authorized to
be taken, imported, exported, or otherwise affected;
(ii) The manner in which marine mammals may be taken according to
type of take;
(iii) The location(s) in which the marine mammals may be taken, from
which they may be imported, or to which they may be exported, as
applicable, and, for endangered or threatened marine mammal species to
be imported or exported, the port of entry or export;
(iv) The period during which the permit is valid.
(2) [Reserved]
(b) Other conditions. In addition to the specific conditions imposed
pursuant to paragraph (a) of this section, the Office Director shall
specify any other permit conditions deemed appropriate.
[61 FR 21937, May 10, 1996]
Sec. 216.37 Marine mammal parts.
With respect to marine mammal parts acquired by take or import
authorized under a permit issued under this subpart:
(a) Marine mammal parts are transferrable if:
(1) The person transferring the part receives no remuneration of any
kind for the marine mammal part;
(2) The person receiving the marine mammal part is:
(i) An employee of NMFS, the U.S. Fish and Wildlife Service, or any
other governmental agency with conservation and management
responsibilities, who receives the part in the course of their official
duties;
(ii) A holder of a special exception permit which authorizes the
take, import, or other activity involving the possession of a marine
mammal part of the same species as the subject part; or
(iii) In the case of marine mammal parts from a species that is not
depleted, endangered or threatened, a person who is authorized under
section 112(c) of the MMPA and subpart C of this part to take or import
marine mammals or marine mammal parts;
(iv) Any other person specifically authorized by the Regional
Director, consistent with the requirements of paragraphs (a)(1) and
(a)(3) through (6) of this section.
(3) The marine mammal part is transferred for the purpose of
scientific research, maintenance in a properly curated, professionally
accredited scientific collection, or education, provided that, for
transfers for educational purposes, the recipient is a museum,
educational institution or equivalent that will ensure that the part is
available to the public as part of an educational program;
(4) A unique number assigned by the permit holder is marked on or
affixed to the marine mammal part or container;
[[Page 43]]
(5) The person receiving the marine mammal part agrees that, as a
condition of receipt, subsequent transfers may only occur subject to the
provisions of paragraph (a) of this section; and
(6) Within 30 days after the transfer, the person transferring the
marine mammal part notifies the Regional Director of the transfer,
including a description of the part, the person to whom the part was
transferred, the purpose of the transfer, certification that the
recipient has agreed to comply with the requirements of paragraph (a) of
this section for subsequent transfers, and, if applicable, the
recipient's permit number.
(b) Marine mammal parts may be loaned to another person for a
purpose described in paragraph (a)(3) of this section and without the
agreement and notification required under paragraphs (a)(5) and (6) of
this section, if:
(1) A record of the loan is maintained; and
(2) The loan is for not more than one year. Loans for a period
greater than 12 months, including loan extensions or renewals, require
notification of the Regional Director under paragraph (a)(6).
(c) Unless other disposition is specified in the permit, a holder of
a special exception permit may retain marine mammal parts not destroyed
or otherwise disposed of during or after a scientific research or
enhancement activity, if such marine mammal parts are:
(1) Maintained as part of a properly curated, professionally
accredited collection; or
(2) Made available for purposes of scientific research or
enhancement at the request of the Office Director.
(d) Marine mammal parts may be exported and subsequently reimported
by a permit holder or subsequent authorized recipient, for the purpose
of scientific research, maintenance in a properly curated,
professionally accredited scientific collection, or education, provided
that:
(1) The permit holder or other person receives no remuneration for
the marine mammal part;
(2) A unique number assigned by the permit holder is marked on or
affixed to the marine mammal specimen or container;
(3) The marine mammal part is exported or reimported in compliance
with all applicable domestic and foreign laws;
(4) If exported or reimported for educational purposes, the
recipient is a museum, educational institution, or equivalent that will
ensure that the part is available to the public as part of an
educational program; and
(5) Special reports are submitted within 30 days after both export
and reimport as required by the Office Director under Sec. 216.38.
[61 FR 21937, May 10, 1996]
Sec. 216.38 Reporting.
All permit holders must submit annual, final, and special reports in
accordance with the requirements established in the permit, and any
reporting format established by the Office Director.
[61 FR 21937, May 10, 1996]
Sec. 216.39 Permit amendments.
(a) General. Special exception permits may be amended by the Office
Director. Major and minor amendments may be made to permits in response
to, or independent of, a request from the permit holder. Amendments must
be consistent with the Acts and comply with the applicable provisions of
this subpart.
(1) A major amendment means any change to the permit specific
conditions under Sec. 216.36(a) regarding:
(i) The number and species of marine mammals that are authorized to
be taken, imported, exported, or otherwise affected;
(ii) The manner in which these marine mammals may be taken,
imported, exported, or otherwise affected, if the proposed change may
result in an increased level of take or risk of adverse impact;
(iii) The location(s) in which the marine mammals may be taken, from
which they may be imported, and to which they may be exported, as
applicable; and
(iv) The duration of the permit, if the proposed extension would
extend the duration of the permit more than 12
[[Page 44]]
months beyond that established in the original permit.
(2) A minor amendment means any amendment that does not constitute a
major amendment.
(b) Amendment requests and proposals. (1) Requests by a permit
holder for an amendment must be submitted in writing and include the
following:
(i) The purpose and nature of the amendment;
(ii) Information, not previously submitted as part of the permit
application or subsequent reports, necessary to determine whether the
amendment satisfies all issuance criteria set forth at Sec. 216.34,
and, as appropriate, Sec. 216.41, Sec. 216.42, and Sec. 216.43.
(iii) Any additional information required by the Office Director for
purposes of reviewing the proposed amendment.
(2) If an amendment is proposed by the Office Director, the permit
holder will be notified of the proposed amendment, together with an
explanation.
(c) Review of proposed amendments. (1) Major amendments. The
provisions of Sec. 216.33(d) and (e) governing notice of receipt,
review and decision shall apply to all proposed major amendments.
(2) Minor amendments. (i) After reviewing all appropriate
information, the Office Director will provide the permit holder with
written notice of the decision on a proposed or requested amendment,
together with an explanation for the decision.
(ii) If the minor amendment extends the duration of the permit 12
months or less from that established in the original permit, notice of
the minor amendment will be published in the Federal Register within 10
days from the date of the Office Director's decision.
(iii) A minor amendment will be effective upon a final decision by
the Office Director.
[61 FR 21937, May 10, 1996]
Sec. 216.40 Penalties and permit sanctions.
(a) Any person who violates any provision of this subpart or permit
issued thereunder is subject to civil and criminal penalties, permit
sanctions and forfeiture as authorized under the Acts, and 15 CFR part
904.
(b) All special exception permits are subject to suspension,
revocation, modification and denial in accordance with the provisions of
subpart D of 15 CFR part 904.
[61 FR 21938, May 10, 1996]
Sec. 216.41 Permits for scientific research and enhancement.
In addition to the requirements under Sec. Sec. 216.33 through
216.38, permits for scientific research and enhancement are governed by
the following requirements:
(a) Applicant. (1) For each application submitted under this
section, the applicant shall be the principal investigator responsible
for the overall research or enhancement activity. If the research or
enhancement activity will involve a periodic change in the principal
investigator or is otherwise controlled by and dependent upon another
entity, the applicant may be the institution, governmental entity, or
corporation responsible for supervision of the principal investigator.
(2) For any scientific research involving captive maintenance, the
application must include supporting documentation from the person
responsible for the facility or other temporary enclosure.
(b) Issuance Criteria. For the Office Director to issue any
scientific research or enhancement permit, the applicant must
demonstrate that:
(1) The proposed activity furthers a bona fide scientific or
enhancement purpose;
(2) If the lethal taking of marine mammals is proposed:
(i) Non-lethal methods for conducting the research are not feasible;
and
(ii) For depleted, endangered, or threatened species, the results
will directly benefit that species or stock, or will fulfill a
critically important research need.
(3) Any permanent removal of a marine mammal from the wild is
consistent with any applicable quota established by the Office Director.
(4) The proposed research will not likely have significant adverse
effects on any other component of the marine ecosystem of which the
affected species or stock is a part.
[[Page 45]]
(5) For species or stocks designated or proposed to be designated as
depleted, or listed or proposed to be listed as endangered or
threatened:
(i) The proposed research cannot be accomplished using a species or
stock that is not designated or proposed to be designated as depleted,
or listed or proposed to be listed as threatened or endangered;
(ii) The proposed research, by itself or in combination with other
activities will not likely have a long-term direct or indirect adverse
impact on the species or stock;
(iii) The proposed research will either:
(A) Contribute to fulfilling a research need or objective identified
in a species recovery or conservation plan, or if there is no
conservation or recovery plan in place, a research need or objective
identified by the Office Director in stock assessments established under
section 117 of the MMPA;
(B) Contribute significantly to understanding the basic biology or
ecology of the species or stock, or to identifying, evaluating, or
resolving conservation problems for the species or stock; or
(C) Contribute significantly to fulfilling a critically important
research need.
(6) For proposed enhancement activities:
(i) Only living marine mammals and marine mammal parts necessary for
enhancement of the survival, recovery, or propagation of the affected
species or stock may be taken, imported, exported, or otherwise affected
under the authority of an enhancement permit. Marine mammal parts would
include in this regard clinical specimens or other biological samples
required for the conduct of breeding programs or the diagnosis or
treatment of disease.
(ii) The activity will likely contribute significantly to
maintaining or increasing distribution or abundance, enhancing the
health or welfare of the species or stock, or ensuring the survival or
recovery of the affected species or stock in the wild.
(iii) The activity is consistent with:
(A) An approved conservation plan developed under section 115(b) of
the MMPA or recovery plan developed under section 4(f) of the ESA for
the species or stock; or
(B) If there is no conservation or recovery plan, with the Office
Director's evaluation of the actions required to enhance the survival or
recovery of the species or stock in light of the factors that would be
addressed in a conservation or recovery plan.
(iv) An enhancement permit may authorize the captive maintenance of
a marine mammal from a threatened, endangered, or depleted species or
stock only if the Office Director determines that:
(A) The proposed captive maintenance will likely contribute directly
to the survival or recovery of the species or stock by maintaining a
viable gene pool, increasing productivity, providing necessary
biological information, or establishing animal reserves required to
support directly these objectives; and
(B) The expected benefit to the species or stock outweighs the
expected benefits of alternatives that do not require removal of marine
mammals from the wild.
(v) The Office Director may authorize the public display of marine
mammals held under the authority of an enhancement permit only if:
(A) The public display is incidental to the authorized captive
maintenance;
(B) The public display will not interfere with the attainment of the
survival or recovery objectives;
(C) The marine mammals will be held consistent with all requirements
and standards that are applicable to marine mammals held under the
authority of the Acts and the Animal Welfare Act, unless the Office
Director determines that an exception is necessary to implement an
essential enhancement activity; and
(D) The marine mammals will be excluded from any interactive program
and will not be trained for performance.
(vi) The Office Director may authorize non-intrusive scientific
research to be conducted while a marine mammal is held under the
authority of an enhancement permit, only if such scientific research:
(A) Is incidental to the permitted enhancement activities; and
[[Page 46]]
(B) Will not interfere with the attainment of the survival or
recovery objectives.
(c) Restrictions. (1) The following restrictions apply to all
scientific research permits issued under this subpart:
(i) Research activities must be conducted in the manner authorized
in the permit.
(ii) Research results shall be published or otherwise made available
to the scientific community in a reasonable period of time.
(iii) Research activities must be conducted under the direct
supervision of the principal investigator or a co-investigator
identified in the permit.
(iv) Personnel involved in research activities shall be reasonable
in number and limited to:
(A) Individuals who perform a function directly supportive of and
necessary to the permitted research activity; and
(B) Support personnel included for the purpose of training or as
backup personnel for persons described in paragraph (c)(1)(iv)(A).
(v) Any marine mammal part imported under the authority of a
scientific research permit must not have been obtained as the result of
a lethal taking that would be inconsistent with the Acts, unless
authorized by the Office Director.
(vi) Marine mammals held under a permit for scientific research
shall not be placed on public display, included in an interactive
program or activity, or trained for performance unless such activities:
(A) Are necessary to address scientific research objectives and have
been specifically authorized by the Office Director under the scientific
research permit; and
(B) Are conducted incidental to and do not in any way interfere with
the permitted scientific research; and
(C) Are conducted in a manner consistent with provisions applicable
to public display, unless exceptions are specifically authorized by the
Office Director.
(vii) Any activity conducted incidental to the authorized scientific
research activity must not involve any taking of marine mammals beyond
what is necessary to conduct the research (i.e., educational and
commercial photography).
(2) Any marine mammal or progeny held in captive maintenance under
an enhancement permit shall be returned to its natural habitat as soon
as feasible, consistent with the terms of the enhancement permit and the
objectives of an approved conservation or recovery plan. In accordance
with section 10(j) of the ESA, the Office Director may authorize the
release of any population of an endangered or threatened species outside
the current range of such species if the Office Director determines that
such release will further the conservation of such species.
[61 FR 21938, May 10, 1996]
Sec. 216.42 Photography. [Reserved]
Sec. 216.43 Public display. [Reserved]
Sec. 216.44 Applicability/transition.
(a) General. The regulations of this subpart are applicable to all
persons, including persons holding permits or other authorizing
documents issued before June 10, 1996, by NMFS for the take, import,
export, or conduct of any otherwise prohibited activity involving a
marine mammal or marine mammal part for special exception purposes.
(b) Scientific research. Any intrusive research as defined in Sec.
216.3, initiated after June 10, 1996, must be authorized under a
scientific research permit. Intrusive research authorized by the Office
Director to be conducted on captive marine mammals held for public
display purposes prior to June 10, 1996, must be authorized under a
scientific research permit one year after June 10, 1996.
[61 FR 21939, May 10, 1996]
Sec. 216.45 General Authorization for Level B harassment for scientific
research.
(a) General Authorization. (1) Persons are authorized under section
104(c)(3)(C) of the MMPA to take marine mammals in the wild by Level B
harassment, as defined in Sec. 216.3, for purposes of bona fide
scientific research Provided, That:
(i) They submit a letter of intent in accordance with the
requirements of
[[Page 47]]
paragraph (b) of this section, receive confirmation that the General
Authorization applies in accordance with paragraph (c) of this section,
and comply with the terms and conditions of paragraph (d) of this
section; or
(ii) If such marine mammals are listed as endangered or threatened
under the ESA, they have been issued a permit under Section 10(a)(1)(A)
of the ESA and implementing regulations at 50 CFR parts 217-227,
particularly at Sec. 222.23 through Sec. 222.28, to take marine
mammals in the wild for the purpose of scientific research, the taking
authorized under the permit involves such Level B harassment of marine
mammals or marine mammal stocks, and they comply with the terms and
conditions of that permit.
(2) Except as provided under paragraph (a)(1)(ii) of this section,
no taking, including harassment, of marine mammals listed as threatened
or endangered under the ESA is authorized under the General
Authorization. Marine mammals listed as endangered or threatened under
the ESA may be taken for purposes of scientific research only after
issuance of a permit for such activities pursuant to the ESA.
(3) The following types of research activities will likely qualify
for inclusion under the General Authorization: Photo-identification
studies, behavioral observations, and vessel and aerial population
surveys (except aerial surveys over pinniped rookeries at altitudes of
less than 1,000 ft).
(b) Letter of intent. Except as provided under paragraph (a)(1)(ii)
of this section, any person intending to take marine mammals in the wild
by Level B harassment for purposes of bona fide scientific research
under the General Authorization must submit, at least 60 days before
commencement of such research, a letter of intent by certified return/
receipt mail to the Chief, Permits Division, F/PR1, Office of Protected
Resources, NMFS, 1335 East-West Highway, Silver Spring, MD 20910-3226.
(1) The letter of intent must be submitted by the principal
investigator (who shall be deemed the applicant). For purposes of this
section, the principal investigator is the individual who is responsible
for the overall research project, or the institution, governmental
entity, or corporation responsible for supervision of the principal
investigator.
(2) The letter of intent must include the following information:
(i) The name, address, telephone number, qualifications and
experience of the applicant and any co-investigator(s) to be conducting
the proposed research, and a curriculum vitae for each, including a list
of publications by each such investigator relevant to the objectives,
methodology, or other aspects of the proposed research;
(ii) The species or stocks of marine mammals (common and scientific
names) that are the subject of the scientific research and any other
species or stock of marine mammals that may be harassed during the
conduct of the research;
(iii) The geographic location(s) in which the research is to be
conducted, e.g., geographic name or lat./long.;
(iv) The period(s) of time over which the research will be conducted
(up to five years), including the field season(s) for the research, if
applicable;
(v) The purpose of the research, including a description of how the
proposed research qualifies as bona fide research as defined in Sec.
216.3; and
(vi) The methods to be used to conduct the research.
(3) The letter of intent must be signed, dated, and certified by the
applicant as follows:
In accordance with section 104(c)(3)(C) of the Marine Mammal
Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.) and
implementing regulations (50 CFR part 216), I hereby notify the National
Marine Fisheries Service of my intent to conduct research involving only
Level B harassment on marine mammals in the wild, and request
confirmation that the General Authorization for Level B Harassment for
Scientific Research applies to the proposed research as described
herein. I certify that the information in this letter of intent is
complete, true, and correct to the best of my knowledge and belief, and
I understand that any false statement may subject me to the criminal
penalties of 18 U.S.C. 1001, or penalties under the MMPA and
implementing regulations. I acknowledge and accept that authority to
conduct scientific research on marine mammals in the wild under the
General Authorization is a limited conditional authority restricted to
[[Page 48]]
Level B harassment only, and that any other take of marine mammals,
including the conduct of any activity that has the potential to injure
marine mammals (i.e., Level A harassment), may subject me to penalties
under the MMPA and implementing regulations.
(c) Confirmation that the General Authorization applies or
notification of permit requirement.
(1) Not later than 30 days after receipt of a letter of intent as
described in paragraph (b) of this section, the Chief, Permits Division,
NMFS will issue a letter to the applicant either:
(i) Confirming that the General Authorization applies to the
proposed scientific research as described in the letter of intent;
(ii) Notifying the applicant that all or part of the research
described in the letter of intent is likely to result in a taking of a
marine mammal in the wild involving other than Level B harassment and,
as a result, cannot be conducted under the General Authorization, and
that a scientific research permit is required to conduct all or part of
the subject research; or
(iii) Notifying the applicant that the letter of intent fails to
provide sufficient information and providing a description of the
deficiencies, or notifying the applicant that the proposed research as
described in the letter of intent is not bona fide research as defined
in Sec. 216.3.
(2) A copy of each letter of intent and letter confirming that the
General Authorization applies or notifying the applicant that it does
not apply will be forwarded to the Marine Mammal Commission.
(3) Periodically, NMFS will publish a summary document in the
Federal Register notifying the public of letters of confirmation issued.
(d) Terms and conditions. Persons issued letters of confirmation in
accordance with paragraph (c) of this section are responsible for
complying with the following terms and conditions:
(1) Activities are limited to those conducted for the purposes, by
the means, in the locations, and during the periods of time described in
the letter of intent and acknowledged as authorized under the General
Authorization in the confirmation letter sent pursuant to paragraph (c)
of this section;
(2) Annual reports of activities conducted under the General
Authorization must be submitted to the Chief, Permits Division (address
listed in paragraph (b) of this section) within 90 days of completion of
the last field season(s) during the calendar year or, if the research is
not conducted during a defined field season, no later than 90 days after
the anniversary date of the letter of confirmation issued under
paragraph (c) of this section. Annual reports must include:
(i) A summary of research activities conducted;
(ii) Identification of the species and number of each species taken
by Level B harassment;
(iii) An evaluation of the progress made in meeting the objectives
of the research as described in the letter of intent; and
(iv) Any incidental scientific, educational, or commercial uses of
photographs, videotape, and film obtained as a result of or incidental
to the research and if so, names of all photographers.
(3) Authorization to conduct research under the General
Authorization is for the period(s) of time identified in the letter of
intent or for a period of 5 years from the date of the letter of
confirmation issued under paragraph (c) of this section, whichever is
less, unless extended by the Director or modified, suspended, or revoked
in accordance with paragraph (e) of this section;
(4) Activities conducted under the General Authorization may only be
conducted under the on-site supervision of the principal investigator or
co-investigator(s) named in the letter of intent. All personnel involved
in the conduct of activities under the General Authorization must
perform a function directly supportive of and necessary for the research
being conducted, or be one of a reasonable number of support personnel
included for the purpose of training or as back-up personnel;
(5) The principal investigator must notify the appropriate Regional
Director, NMFS, (Regional Director) in writing at least 2 weeks before
initiation of on-site activities. The Regional Director shall consider
this information in efforts to coordinate field research activities to
minimize adverse impacts
[[Page 49]]
on marine mammals in the wild. The principal investigator must cooperate
with coordination efforts by the Regional Director in this regard;
(6) If research activities result in a taking which exceeds Level B
harassment, the applicant shall:
(i) Report the taking within 12 hours to the Director, Office of
Protected Resources, or his designee as set forth in the letter
authorizing research; and
(ii) Temporarily discontinue for 72 hours all field research
activities that resulted in the taking. During this time period, the
applicant shall consult with NMFS as to the circumstances surrounding
the taking and any precautions necessary to prevent future taking, and
may agree to amend the research protocol, as deemed necessary by NMFS.
(7) NMFS may review scientific research conducted pursuant to the
General Authorization. If requested by NMFS, the applicant must
cooperate with any such review and shall:
(i) Allow any employee of NOAA or any other person designated by the
Director, Office of Protected Resources to observe research activities;
and
(ii) Provide any documents or other information relating to the
scientific research;
(8) Any photographs, videotape, or film obtained during the conduct
of research under the General Authorization must be identified by a
statement that refers to the General Authorization or ESA permit number,
and includes the file number provided by NMFS in the confirmation
letter, the name of the photographer, and the date the image was taken.
This statement must accompany the image(s) in all subsequent uses or
sales. The annual report must note incidental scientific, educational,
or commercial uses of the images, and if there are any such uses, the
names of all photographers; and
(9) Persons conducting scientific research under authority of the
General Authorization may not transfer or assign any authority granted
thereunder to any other person.
(e) Suspension, revocation, or modification. (1) NMFS may suspend,
revoke, or modify the authority to conduct scientific research under the
General Authorization if:
(i) The letter of intent included false information or statements of
a material nature;
(ii) The research does not constitute bona fide scientific research;
(iii) Research activities result in takings of marine mammals other
than by Level B harassment;
(iv) Research activities differ from those described in the letter
of intent submitted by the applicant and letter of confirmation issued
by NMFS; or
(v) The applicant violates any term or condition set forth in this
section.
(2) Any suspension, revocation, or modification is subject to the
requirements of 15 CFR part 904.
[59 FR 50376, Oct. 3, 1994]
Sec. 216.46 U.S. citizens on foreign flag vessels operating under the
International Dolphin Conservation Program.
The MMPA's provisions do not apply to a citizen of the United States
who incidentally takes any marine mammal during fishing operations in
the ETP which are outside the U.S. exclusive economic zone (as defined
in section 3 of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1802)), while employed on a fishing vessel of a
harvesting nation that is participating in, and in compliance with, the
IDCP.
[65 FR 56, Jan. 3, 2000]
Sec. 216.47 Access to marine mammal tissue, analyses, and data.
(a) Applications for the National Marine Mammal Tissue Bank samples
(NMMTB). (1) A principal investigator, contributor or holder of a
scientific research permit issued in accordance with the provisions of
this subpart may apply for access to a tissue specimen sample in the
NMMTB. Applicants for tissue specimen samples from the NMMTB must submit
a signed written request with attached study plan to the Marine Mammal
Health and Stranding Response Program (MMHSRP) Program Manager, Office
of Protected Resources, NMFS. The written request must include:
(i) A clear and concise statement of the proposed use of the banked
tissue specimen. The applicant must demonstrate that the proposed use of
the
[[Page 50]]
banked tissue is consistent with the goals of the NMMTB and the MMHSRP.
(A) The goals of the MMHSRP are to facilitate the collection and
dissemination of reference data on marine mammals and health trends of
marine mammal populations in the wild; to correlate the health of marine
mammals and marine mammal populations in the wild with available data on
physical, chemical, and biological environmental parameters; and to
coordinate effective responses to unusual mortality events.
(B) The goal of the NMMTB is to maintain quality controlled marine
mammal tissues that will permit retrospective analyses to determine
environmental trends of contaminants and other analytes of interest and
that will provide the highest quality samples for analyses using new and
innovative techniques.
(ii) A copy of the applicant's scientific research permit. The
applicant must demonstrate that the proposed use of the banked tissue is
authorized by the permit;
(iii) Name of principal investigator, official title, and affiliated
research or academic organization;
(iv) Specific tissue sample and quantity desired;
(v) Research facility where analyses will be conducted. The
applicant must demonstrate that the research facility will follow the
Analytical Quality Assurance (AQA) program, which was designed to ensure
the accuracy, precision, level of detection, and intercompatibility of
data resulting from chemical analyses of marine mammal tissues. The AQA
consists of annual interlaboratory comparisons and the development of
control materials and standard reference materials for marine mammal
tissues;
(vi) Verification that funding is available to conduct the research;
(vii) Estimated date for completion of research, and schedule/date
of subsequent reports;
(viii) Agreement that all research findings based on use of the
banked tissue will be reported to the NMMTB, MMHSRP Program Manager and
the contributor; and the sequences of tissue specimen samples that are
used/released for genetic analyses (DNA sequencing) will be archived in
the National Center for biotechnology Information's GenBank. Sequence
accessions in GenBank should document the source, citing a NIST field
number that indentifies the animal; and
(ix) Agreement that credit and acknowledgment will be given to U.S.
Fish and Wildlife Service (USFWS), US Geologic Service (USGS), National
Institute of Standards and Technology (NIST), the Minerals Management
Service (MMS), NMFS, the NMMTB, and the collector for use of banked
tissues.
(2) The applicant shall insert the following acknowledgment in all
publications, abstracts, or presentations based on research using the
banked tissue:
The specimens used in this study were collected by [the contributor]
and provided by the National Marine Mammal Tissue Bank, which is
maintained in the National Biomonitoring Specimen Bank at NIST and which
is operated under the direction of NMFS with the collaboration of MMS,
USGS, USFWS, and NIST through the Marine Mammal Health and Stranding
Response Program [and the Alaska Marine Mammal Tissue Archival Project
if the samples are from Alaska].
(3) Upon submission of a complete application, the MMHSRP Program
Manager will send the request and attached study plan to the following
entities which will function as the review committee:
(i) Appropriate Federal agency (NMFS or USFWS) marine mammal
management office for that particular species; and
(ii) Representatives of the NMMTB Collaborating Agencies (NMFS,
USFS, USGS Biological Resources Division, and NIST) If no member of the
review committee is an expert in the field that is related to the
proposed research activity, any member may request an outside review of
the proposal, which may be outside of NMFS or USFWS but within the
Federal Government.
(4) The MMHSRP Program Manager will send the request and attached
study plan to any contributor(s) of the tissue specimen sample. The
contributor(s) of the sample may submit comments on the proposed
research activity to the Director, Office of Protected Resources within
30 days of the date
[[Page 51]]
that the request was sent to the contributor(s).
(5) The USFWS Representative of the NMMTB Collaborating Agencies
will be chair of review committees for requests involving species
managed by the DOI. The MMHSRP Program Manager will be chair of all
other review committees.
(6) Each committee chair will provide recommendations on the request
and an evaluation of the study plan to the Director, Office of Protected
Resources, NMFS.
(7) The Director, Office of Protected Resources, NMFS, will make the
final decision on release of the samples based on the advice provided by
the review committee, comments received from any contributor(s) of the
sample within the time provided in paragraph (a)(4) of this section, and
determination that the proposed use of the banked tissue specimen is
consistent with the goals of the MMHSRP and the NMMTB. The Director will
send a written decision to the applicant and send copies to all review
committee members. If the samples are released, the response will
indicate whether the samples have been homogenized and, if not, the
homogenization schedule.
(8) The applicant will bear all shipping and homogenization costs
related to use of any specimens from the NMMTB.
(9) The applicant will dispose of the tissue specimen sample
consistent with the provisions of the applicant's scientific research
permit after the research is completed, unless the requester submits
another request and receives approval pursuant to this section. The
request must be submitted within three months after the original project
has been completed.
(b) [Reserved]
[69 FR 41979, July 13, 2004]
Sec. Sec. 216.48-216.49 [Reserved]
Subpart E_Designated Ports
Sec. 216.50 Importation at designated ports.
(a) Any marine mammal or marine mammal product which is subject to
the jurisdiction of the National Marine Fisheries Service, National
Oceanic and Atmospheric Administration, Department of Commerce and is
intended for importation into the United States shall be subject to the
provisions of 50 CFR part 14.
(b) For the information of importers, designated ports of entry for
the United States are:
New York, N.Y.
Miami, Fla.
Chicago, Ill.
San Francisco, Calif.
Los Angeles, Calif.
New Orleans, La.
Seattle, Wash.
Honolulu, Hi.
(c) Additionally, marine mammals or marine mammal products which are
entered into Alaska, Hawaii, Puerto Rico, Guam, American Samoa or the
Virgin Islands and which are not to be forwarded or transhipped within
the United States may be imported through the following ports:
Alaska--Juneau, Anchorage, Fairbanks
Hawaii--Honolulu
Puerto Rico--San Juan
Guam--Honolulu, Hi.
American Samoa--Honolulu, Hi.
Virgin Islands--San Juan, P.R.
(d) Importers are advised to see 50 CFR part 14 for importation
requirements and information.
[39 FR 1852, Jan. 15, 1974. Redesignated at 59 FR 50376, Oct. 3, 1994]
Subpart F_Pribilof Islands, Taking for Subsistence Purposes
Sec. 216.71 Allowable take of fur seals.
Pribilovians may take fur seals on the Pribilof Islands if such
taking is
(a) For subsistence uses, and
(b) Not accomplished in a wasteful manner.
[51 FR 24840, July 9, 1986. Redesignated at 61 FR 11750, Mar. 22, 1996]
Sec. 216.72 Restrictions on taking.
(a) The harvests of seals on St. Paul and St. George Islands shall
be treated independently for the purposes of this section. Any
suspension, termination, or extension of the harvest is applicable only
to the island for which it is issued.
[[Page 52]]
(b) By April 1 of every third year, beginning April 1994, the
Assistant Administrator will publish in the Federal Register a summary
of the preceding 3 years of harvesting and a discussion of the number of
seals expected to be taken annually over the next 3 years to satisfy the
subsistence requirements of each island. This discussion will include an
assessment of factors and conditions on St. Paul and St. George Islands
that influence the need by Pribilof Aleuts to take seals for subsistence
uses and an assessment of any changes to those conditions indicating
that the number of seals that may be taken for subsistence each year
should be made higher or lower. Following a 30-day public comment
period, a final notification of the expected annual harvest levels for
the next 3 years will be published.
(c)(1) No fur seal may be taken on the Pribilof Islands before June
23 of each year.
(2) No fur seal may be taken except by experienced sealers using the
traditional harvesting methods, including stunning followed immediately
by exsanguination. The harvesting method shall include organized drives
of subadult males to killing fields unless it is determined by the NMFS
representatives, in consultation with the Pribilovians conducting the
harvest, that alternative methods will not result in increased
disturbance to the rookery or the increased accidental take of female
seals.
(3) Any taking of adult fur seals or pups, or the intentional taking
of subadult female fur seals is prohibited.
(4) Only subadult male fur seals 124.5 centimeters or less in length
may be taken.
(5) Seals with tags and/or entangling debris may only be taken if so
directed by NMFS scientists.
(d) The scheduling of the harvest is at the discretion of the
Pribilovians, but must be such as to minimize stress to the harvested
seals. The Pribilovians must give adequate advance notice of their
harvest schedules to the NMFS representatives to allow for necessary
monitoring activities. Scheduling must be consistent with the following
restrictions:
(1) St. Paul Island--Seals may only be harvested from the following
haulout areas: Zapadni, English Bay, Northeast Point, Polovina, Lukanin,
Kitovi, and Reef. No haulout area may be harvested more than once per
week.
(2) St. George Island--Seals may only be harvested from the
following haulout areas: Northeast and Zapadni. Neither haulout area may
be harvested more than twice per week.
(e)(1) The Assistant Administrator is required to suspend the take
provided for in Sec. 215.31 when:
(i) He determines, after reasonable notice by NMFS representatives
to the Pribilovians on the island, that the subsistence needs of the
Pribilovians on the island have been satisfied;
or
(ii) He determines that the harvest is otherwise being conducted in
a wasteful manner; or
(iii) The lower end of the range of the estimated subsistence level
provided in the notice issued under paragraph (b) of this section is
reached.
(2) A suspension based on a determination under paragraph (e)(1)(ii)
of this section may be lifted by the Assistant Administrator if he finds
that the conditions which led to the determination that the harvest was
being conducted in a wasteful manner have been remedied.
(3) A suspension issued in accordance with paragraph (e)(1)(iii) of
this section may not exceed 48 hours in duration and shall be followed
immediately by a review of the harvest data to determine if a finding
under paragraph (e)(1)(i) of this section is warranted. If a the harvest
is not suspended under paragraph (e)(1)(i) of this section, the
Assistant Administrator must provide a revised estimate of the number of
seals required to satisfy the Pribilovians' subsistence needs.
(f) The Assistant Administrator shall terminate the take provided
for in Sec. 215.31 on August 8 of each year or when it is determined
under paragraph (e)(1)(i) of this section that the subsistence needs of
the Pribilovians on the
[[Page 53]]
island have been satisfied, whichever occurs first.
[51 FR 24840, July 9, 1986, as amended at 57 FR 33902, July 31, 1992; 59
FR 35474, July 12, 1994. Redesignated at 61 FR 11750, Mar. 22, 1996]
Sec. 216.73 Disposition of fur seal parts.
Except for transfers to other Alaskan Natives for barter or sharing
for personal or family consumption, no part of a fur seal taken for
subsistence uses may be sold or otherwise transferred to any person
unless it is a nonedible byproduct which:
(a) Has been transformed into an article of handicraft, or
(b) Is being sent by an Alaskan Native directly, or through a
registered agent, to a tannery registered under 50 CFR 216.23(c) for the
purpose of processing, and will be returned directly to the Alaskan
Native for conversion into an article of handicraft, or
(c) Is being sold or transferred to an Alaskan Native, or to an
agent registered under 50 CFR 216.23(c) for resale or transfer to an
Alaskan Native, who will convert the seal part into a handicraft.
[51 FR 24840, July 9, 1986. Redesignated at 61 FR 11750, Mar. 22, 1996]
Sec. 216.74 Cooperation with Federal officials.
Pribilovians who engage in the harvest of seals are required to co
operate with scientists engaged in fur seal research on the Pribilof
Islands who may need assistance in recording tag or other data and
collecting tissue or other fur seal samples for re search purposes. In
addition, Prib i lovians who take fur seals for sub sistence uses must,
consistent with 5 CFR 1320.7(k)(3), cooperate with the NMFS
representatives on the Pribilof Islands who are responsible for
compiling the following information on a daily basis:
(a) The number of seals taken each day in the subsistence harvest,
(b) The extent of the utilization of fur seals taken, and
(c) Other information determined by the Assistant Administrator to
be necessary for determining the subsistence needs of the Pribilovians
or for making determinations under Sec. 215.32(e).
[51 FR 24840, July 9, 1986. Redesignated at 61 FR 11750, Mar. 22, 1996]
Subpart G_Pribilof Islands Administration
Sec. 216.81 Visits to fur seal rookeries.
From June 1 to October 15 of each year, no person, except those
authorized by a representative of the National Marine Fisheries Service,
or accompanied by an authorized employee of the National Marine
Fisheries Service, shall approach any fur seal rookery or hauling
grounds nor pass beyond any posted sign forbidding passage.
[41 FR 49488, Nov. 9, 1976. Redesignated at 61 FR 11750, Mar. 22, 1996]
Sec. 216.82 Dogs prohibited.
In order to prevent molestation of fur seal herds, the landing of
any dogs at Pribilof Islands is prohibited.
[41 FR 49488, Nov. 9, 1976. Redesignated at 61 FR 11750, Mar. 22, 1996]
Sec. 216.83 Importation of birds or mammals.
No mammals or birds, except household cats, canaries and parakeets,
shall be imported to the Pribilof Islands without the permission of an
authorized representative of the National Marine Fisheries Service.
[41 FR 49488, Nov. 9, 1976. Redesignated at 61 FR 11750, Mar. 22, 1996]
Sec. 216.84 [Reserved]
Sec. 216.85 Walrus and Otter Islands.
By Executive Order 1044, dated February 27, 1909, Walrus and Otter
Islands were set aside as bird reservations. All persons are prohibited
to land on these islands except those authorized by the appropriate
representative of the National Marine Fisheries Service.
[41 FR 49488, Nov. 9, 1976. Redesignated at 61 FR 11750, Mar. 22, 1996]
Sec. 216.86 Local regulations.
Local regulations will be published from time to time and will be
brought to the attention of local residents and persons assigned to duty
on the Islands
[[Page 54]]
by posting in public places and brought to the attention of tourists by
personal notice.
[41 FR 49488, Nov. 9, 1976. Redesignated at 61 FR 11750, Mar. 22, 1996]
Sec. 216.87 Wildlife research.
(a) Wildlife research, other than research on North Pacific fur
seals, including specimen collection, may be permitted on the Pribilof
Islands subject to the following conditions:
(1) Any person or agency, seeking to conduct such research shall
first obtain any Federal or State of Alaska permit required for the type
of research involved.
(2) Any person seeking to conduct such research shall obtain prior
approval of the Director, Pribilof Islands Program, National Marine
Fisheries Service, National Oceanic and Atmospheric Administration, 1700
Westlake Avenue North, Seattle, WA 98109, by filing with the Director an
application which shall include:
(i) Copies of the required Federal and State of Alaska permits; and
(ii) A resume of the intended research program.
(3) All approved research shall be subject to all regulations and
administrative procedures in effect on the Pribilof Islands, and such
research shall not commence until approval from the Director is
received.
(4) Any approved research program shall be subject to such terms and
conditions as the Director, Pribilof Islands Program deems appropriate.
(5) Permission to utilize the Pribilof Islands to conduct an
approved research program may be revoked by the Director, Pribilof
Islands Program at any time for noncompliance with any terms and
conditions, or for violations of any regulation or administrative
procedure in effect on the Pribilof Islands.
[43 FR 5521, Feb. 9, 1978. Redesignated at 61 FR 11750, Mar. 22, 1996]
Subpart H_Dolphin Safe Tuna Labeling
Authority: 16 U.S.C. 1385.
Sec. 216.90 Purposes.
This subpart governs the requirements for using the official mark
described in Sec. 216.95 or an alternative mark that refers to
dolphins, porpoises, or marine mammals, to label tuna or tuna products
offered for sale in or exported from the United States using the term
dolphin-safe or suggesting the tuna were harvested in a manner not
injurious to dolphins.
[69 FR 55307, Sept. 13, 2004]
Sec. 216.91 Dolphin-safe labeling standards.
(a) It is a violation of Section 5 of the Federal Trade Commission
Act (15 U.S.C. 45) for any producer, importer, exporter, distributor, or
seller of any tuna products that are exported from or offered for sale
in the United States to include on the label of those products the term
``dolphin-safe'' or any other term or symbol that claims or suggests
that the tuna contained in the products were harvested using a method of
fishing that is not harmful to dolphins if the products contain tuna
harvested:
(1) ETP large purse seine vessel. In the ETP by a purse seine vessel
of greater than 400 st (362.8 mt) carrying capacity unless:
(i) the documentation requirements for dolphin-safe tuna under Sec.
216.92 and 216.93 are met;
(ii) No dolphins were killed or seriously injured during the sets in
which the tuna were caught; and
(iii) None of the tuna were caught on a trip using a purse seine net
intentionally deployed on or to encircle dolphins, provided that this
paragraph (a)(1)(iii) will not apply if the Assistant Administrator
publishes a notification in the Federal Register announcing a finding
under 16 U.S.C. 1385(g)(2) that the intentional deployment of purse
seine nets on or encirclement of dolphins is not having a significant
adverse impact on any depleted stock.
(2) Non-ETP purse seine vessel. Outside the ETP by a vessel using a
purse seine net:
(i) In a fishery in which the Assistant Administrator has determined
that a
[[Page 55]]
regular and significant association occurs between dolphins and tuna
(similar to the association between dolphins and tuna in the ETP),
unless such products are accompanied by a written statement, executed by
the Captain of the vessel and an observer participating in a national or
international program acceptable to the Assistant Administrator,
certifying that no purse seine net was intentionally deployed on or used
to encircle dolphins during the particular trip on which the tuna were
caught and no dolphins were killed or seriously injured in the sets in
which the tuna were caught; or
(ii) In any other fishery unless the products are accompanied by a
written statement executed by the Captain of the vessel certifying that
no purse seine net was intentionally deployed on or used to encircle
dolphins during the particular trip on which the tuna was harvested;
(3) Driftnet. By a vessel engaged in large-scale driftnet fishing;
or
(4) Other fisheries. By a vessel in a fishery other than one
described in paragraphs (a)(1) through(a)(3) of this section that is
identified by the Assistant Administrator as having a regular and
significant mortality or serious injury of dolphins, unless such product
is accompanied by a written statement, executed by the Captain of the
vessel and an observer participating in a national or international
program acceptable to the Assistant Administrator, that no dolphins were
killed or seriously injured in the sets or other gear deployments in
which the tuna were caught, provided that the Assistant Administrator
determines that such an observer statement is necessary.
(b) It is a violation of section 5 of the Federal Trade Commission
Act (15 U.S.C. 45) to willingly and knowingly use a label referred to in
this section in a campaign or effort to mislead or deceive consumers
about the level of protection afforded dolphins under the IDCP.
(c) A tuna product that is labeled with the official mark, described
in Sec. 216.95, may not be labeled with any other label or mark that
refers to dolphins, porpoises, or marine mammals.
[69 FR 55307, Sept. 13, 2004]
Sec. 216.92 Dolphin-safe requirements for tuna harvested in the ETP
by large purse seine vessels.
(a) U.S. vessels. Tuna products that contain tuna harvested by U.S.
flag purse seine vessels of greater than 400 st (362.8 mt) carrying
capacity in the ETP may be labeled dolphin-safe only if the following
requirements are met:
(1) Tuna Tracking Forms containing a complete record of all the
fishing activities on the trip, certified by the vessel Captain and the
observer, are submitted to the Administrator, Southwest Region, at the
end of the fishing trip during which the tuna was harvested;
(2) The tuna is delivered for processing to a U.S. tuna processor in
a plant located in one of the 50 states, Puerto Rico, or American Samoa
that is in compliance with the tuna tracking and verification
requirements of Sec. 216.93; and
(3) The tuna or tuna products meet the dolphin-safe labeling
standards under Sec. 216.91.
(b) Imported tuna.
(1) Yellowfin tuna or tuna products harvested in the ETP by vessels
of greater than 400 st (362.8 mt) carrying capacity and presented for
import into the United States may be labeled dolphin-safe only if the
yellowfin tuna was harvested by a U.S. vessel fishing in compliance with
the requirements of the IDCP and applicable U.S. law, or by a vessel
belonging to a nation that has obtained an affirmative finding under
Sec. 216.24(f)(8).
(2) Tuna or tuna products, other than yellowfin tuna, harvested in
the ETP by purse seine vessels of greater than 400 st (362.8 mt)
carrying capacity and presented for import into the United States may be
labeled dolphin-safe only if:
(i) The tuna was harvested by a U.S. vessel fishing in compliance
with the requirements of the IDCP and applicable U.S. law, or by a
vessel belonging to a nation that is a Party to the Agreement on the
IDCP or has applied to become a Party and is adhering to all the
requirements of the Agreement on the IDCP Tuna Tracking and Verification
Plan;
[[Page 56]]
(ii) The tuna or tuna products are accompanied by a properly
completed FCO; and
(iii) The tuna or tuna products are accompanied by valid
documentation signed by a representative of the appropriate IDCP member
nation, containing the harvesting vessel names and tuna tracking form
numbers represented in the shipment, and certifying that:
(A) There was an IDCP approved observer on board the vessel(s)
during the entire trip(s); and
(B) The tuna contained in the shipment were caught according to the
dolphin-safe labeling standards of Sec. 216.91.
[69 FR 55307, Sept. 13, 2004]
Sec. 216.93 Tracking and verification program.
The Administrator, Southwest Region, has established a national
tracking and verification program to accurately document the dolphin-
safe condition of tuna, under the standards set forth in Sec. Sec.
216.91 and 216.92. The tracking program includes procedures and reports
for use when importing tuna into the United States and during U.S. purse
seine fishing, processing, and marketing in the United States and
abroad. Verification of tracking system operations is attained through
the establishment of audit and document review requirements. The
tracking program is consistent with the international tuna tracking and
verification program adopted by the Parties to the Agreement on the
IDCP.
(a) Tuna tracking forms. Whenever a U.S. flag tuna purse seine
vessel of greater than 400 st (362.8 mt) carrying capacity fishes in the
ETP, IDCP approved Tuna Tracking Forms (TTFs), bearing a unique number
assigned to that trip, are used by the observer to record every set made
during that trip. One TTF is used to record dolphin-safe sets and a
second TTF is used to record non-dolphin-safe sets. The information
entered on the TTFs following each set includes the date, well number,
weights by species composition, estimated tons loaded, and additional
notes, if any. The observer and the vessel engineer initial the entry as
soon as possible following each set, and the vessel captain and observer
review and sign both TTFs at the end of the fishing trip certifying that
the information on the forms is accurate. TTFs are confidential official
documents of the IDCP, consistent with Article XVIII of the Agreement on
the IDCP, and the Agreement on the IDCP Rules of Confidentiality.
(b) Dolphin-Safe Certification. Upon request, the Office of the
Administrator, Southwest Region, will provide written certification that
tuna harvested by U.S. purse seine vessels greater than 400 st (362.8
mt) carrying capacity is dolphin-safe, but only if NMFS' review of the
TTFs for the subject trip shows that the tuna for which the
certification is requested is dolphin-safe under the requirements of the
Agreement on the IDCP and U.S. law.
(c) Tracking fishing operations. (1) During ETP fishing trips by
purse seine vessels greater than 400 st (362.8 mt) carrying capacity,
tuna caught in sets designated as dolphin-safe by the vessel observer
must be stored separately from tuna caught in non-dolphin-safe sets from
the time of capture through unloading. Vessel personnel will decide into
which wells tuna will be loaded. The observer will initially designate
whether each set is dolphin-safe or not, based on his/her observation of
the set. The observer will initially identify a vessel fish well as
dolphin-safe if the first tuna loaded into the well during a trip was
captured in a set in which no dolphin died or was seriously injured. The
observer will initially identify a vessel fish well as non-dolphin-safe
if the first tuna loaded into the well during a trip was captured in a
set in which a dolphin died or was seriously injured. Any tuna loaded
into a well previously designated non-dolphin-safe is considered non-
dolphin-safe tuna. The observer will change the designation of a
dolphin-safe well to non-dolphin-safe if any tuna are loaded into the
well that were captured in a set in which a dolphin died or was
seriously injured.
(2) The captain, managing owner, or vessel agent of a U.S. purse
seine vessel greater than 400 st (362.8 mt) returning to port from a
trip, any part of which included fishing in the ETP, must provide at
least 48 hours notice of the vessel's intended place of landing, arrival
[[Page 57]]
time, and schedule of unloading to the Administrator, Southwest Region.
(3) If the trip terminates when the vessel enters port to unload
part or all of its catch, new TTFs will be assigned to the new trip, and
any information concerning tuna retained on the vessel will be recorded
as the first entry on the TTFs for the new trip. If the trip is not
terminated following a partial unloading, the vessel will retain the
original TTFs and submit a copy of those TTFs to the Administrator,
Southwest Region, within 5 working days. In either case, the species and
amount unloaded will be noted on the respective originals.
(4) Tuna offloaded to trucks, storage facilities, or carrier vessels
must be loaded or stored in such a way as to maintain and safeguard the
identification of the dolphin-safe or non-dolphin-safe designation of
the tuna as it left the fishing vessel.
(5)(i) When ETP caught tuna is offloaded from a U.S. purse seine
vessel greater than 400 st (362.8 mt) directly to a U.S. canner within
the 50 states, Puerto Rico, or American Samoa, or in any port and
subsequently loaded aboard a carrier vessel for transport to a U.S.
processing location, a NMFS representative may meet the U.S. purse seine
vessel to receive the TTFs from the vessel observer and to monitor the
handling of dolphin-safe and non-dolphin-safe tuna.
(ii) If a NMFS representative does not meet the vessel in port at
the time of arrival, the captain of the vessel or the vessel's managing
office must assure delivery of the TTFs to the Administrator, Southwest
Region, from that location within 5 working days of the end of the trip.
Alternatively, if the captain approves and notifies the Administrator,
Southwest Region, the captain may entrust the observer to deliver the
signed TTFs to the local office of the IATTC.
(iii) When ETP caught tuna is offloaded from a U.S. purse seine
vessel greater than 400 st (362.8 mt) carrying capacity directly to a
processing facility located outside the jurisdiction of the United
States in a country that is a Party to the Agreement on the IDCP, the
national authority in whose area of jurisdiction the tuna is to be
processed will assume the responsibility for tracking and verification
of the tuna offloaded. If a representative of the national authority
meets the vessel in port, that representative will receive the original
TTFs and assume the responsibility for providing copies of the TTFs to
the Administrator, Southwest Region. If a representative of the national
authority does not meet the vessel, the fishing vessel captain or the
vessel's managing office must assure delivery of the completed TTFs in
accordance with paragraphs (ii) and (v) of this section.
(iv) When ETP caught tuna is offloaded from a U.S. purse seine
vessel greater than 400 st (362.8 mt) carrying capacity in a country
that is not a Party to the Agreement on the IDCP, the tuna becomes the
tracking and verification responsibility of the national authority of
the processing facility when it is unloaded from the fishing vessel. The
captain or the vessel's managing office must assure delivery of the
completed TTFs in accordance with paragraphs (ii) and (v) of this
section.
(v) TTFs are confidential documents of the IDCP. Vessel captains and
managing offices may not provide copies of TTFs to any representatives
of private organizations or non-member states.
(d) Tracking cannery operations. (1) Whenever a U.S. tuna canning
company in the 50 states, Puerto Rico, or American Samoa receives a
domestic or imported shipment of ETP caught tuna for processing, a NMFS
representative may be present to monitor delivery and verify that
dolphin-safe and non-dolphin-safe tuna are clearly identified and remain
segregated. Such inspections may be scheduled or unscheduled, and
canners must allow the NMFS representative access to all areas and
records.
(2) Tuna processors must submit a report to the Administrator,
Southwest Region, of all tuna received at their processing facilities in
each calendar month whether or not the tuna is actually canned or stored
during that month. Monthly cannery receipt reports must be submitted
electronically or by mail before the last day of the
[[Page 58]]
month following the month being reported. Monthly reports must contain
the following information:
(i) Domestic receipts: dolphin-safe status, species, condition
(round, loin, dressed, gilled and gutted, other), weight in short tons
to the fourth decimal, ocean area of capture (ETP, western Pacific,
Indian, eastern and western Atlantic, other), catcher vessel, trip
dates, carrier name, unloading dates, and location of unloading.
(ii) Import receipts: In addition to the information required in
paragraph (d)(2)(i) of this section, a copy of the FCO for each imported
receipt must be provided.
(3) Tuna processors must report on a monthly basis the amounts of
ETP-caught tuna that were immediately utilized upon receipt or removed
from cold storage. This report may be submitted in conjunction with the
monthly report required in paragraph (d)(2) of this section. This report
must contain:
(i) The date of removal from cold storage or disposition;
(ii) Storage container or lot identifier number(s) and dolphin-safe
or non-dolphin-safe designation of each container or lot; and
(iii) Details of the disposition of fish (for example, canning,
sale, rejection, etc.).
(4) During canning activities, non-dolphin-safe tuna may not be
mixed in any manner or at any time during processing with any dolphin-
safe tuna or tuna products and may not share the same storage
containers, cookers, conveyers, tables, or other canning and labeling
machinery.
(e) Tracking imports. All tuna products, except fresh tuna, that are
imported into the United States must be accompanied by a properly
certified FCO as required by Sec. 216.24(f)(2). For tuna tracking
purposes, copies of FCOs and associated certifications must be submitted
by the importer of record to the Administrator, Southwest Region, within
30 days of the shipment's entry into the commerce of the United States
as required by Sec. 216.24(f)(3)(ii).
(f) Verification requirements--(1) Record maintenance. Any exporter,
transshipper, importer, processor, or wholesaler/distributor of any tuna
or tuna products must maintain records related to that tuna for at least
2 years. These records include, but are not limited to: FCOs and
required certifications, any reports required in paragraphs (a), (b) and
(d) of this section, invoices, other import documents, and trip reports.
(2) Record submission. Within 30 days of receiving a shipment of
tuna or tuna products, any exporter, transshipper, importer, processor,
wholesaler/distributor of tuna or tuna products must submit to the
Administrator, Southwest Region, all corresponding FCOs and required
certifications for those tuna or tuna products.
(3) Audits and spot checks. Upon request of the Administrator,
Southwest Region, any exporter, transshipper, importer, processor, or
wholesaler/distributor of tuna or tuna products must provide the
Administrator, Southwest Region, timely access to all pertinent records
and facilities to allow for audits and spot-checks on caught, landed,
stored, and processed tuna.
(g) Confidentiality of proprietary information. Information
submitted to the Assistant Administrator under this section will be
treated as confidential in accordance with NOAA Administrative Order
216-100 ``Protection of Confidential Fisheries Statistics.''
[69 FR 55307, Sept. 13, 2004, as amended at 70 FR 19009, Apr. 12, 2005]
Sec. 216.94 False statements or endorsements.
Any person who knowingly and willfully makes a false statement or
false endorsement required by Sec. 216.92 is liable for a civil penalty
not to exceed $100,000, that may be assessed in an action brought in any
appropriate District Court of the United States on behalf of the
Secretary.
[61 FR 27794, June 3, 1996. Redesignated at 69 FR 55307, Sept. 13, 2004]
Sec. 216.95 Official mark for ``Dolphin-safe'' tuna products.
(a) This is the ``official mark'' (see figure 1) designated by the
United States Department of Commerce that may be used to label tuna
products that meet the ``dolphin-safe'' standards set forth in the
Dolphin Protection Consumer Information Act, 16 U.S.C.
[[Page 59]]
1385, and implementing regulations at Sec. Sec. 216.91 through 216.94:
[GRAPHIC] [TIFF OMITTED] TR30MY00.019
(b) Location and size of the official mark. The official mark on
labels must allow the consumer to identify the official mark and be
similar in design and scale to figure 1. A full color version of the
official mark is available at http://swr.ucsd.edu/dsl.htm.
[65 FR 34410, May 30, 2000. Redesignated at 69 FR 55307, Sept. 13, 2004]
Subpart I_General Regulations Governing Small Takes of Marine Mammals
Incidental to Specified Activities
Source: 61 FR 15887, Apr. 10, 1996, unless otherwise noted.
Sec. 216.101 Purpose.
The regulations in this subpart implement section 101(a)(5) (A)
through (D) of the Marine Mammal Protection Act of 1972, as amended, 16
U.S.C. 1371(a)(5), which provides a mechanism for allowing, upon
request, the incidental, but not intentional, taking of small numbers of
marine mammals by U.S. citizens who engage in a specified activity
(other than commercial fishing) within a specified geographic region.
Sec. 216.102 Scope.
The taking of small numbers of marine mammals under section
101(a)(5)
[[Page 60]]
(A) through (D) of the Marine Mammal Protection Act may be allowed only
if the National Marine Fisheries Service:
(a) Finds, based on the best scientific evidence available, that the
total taking by the specified activity during the specified time period
will have a negligible impact on species or stock of marine mammal(s)
and will not have an unmitigable adverse impact on the availability of
those species or stocks of marine mammals intended for subsistence uses;
(b) Prescribes either regulations under Sec. 216.106, or
requirements and conditions contained within an incidental harassment
authorization issued under Sec. 216.107, setting forth permissible
methods of taking and other means of effecting the least practicable
adverse impact on the species or stock of marine mammal and its habitat
and on the availability of the species or stock of marine mammal for
subsistence uses, paying particular attention to rookeries, mating
grounds, and areas of similar significance; and
(c) Prescribes either regulations or requirements and conditions
contained within an incidental harassment authorization, as appropriate,
pertaining to the monitoring and reporting of such taking. The specific
regulations governing certain specified activities are contained in
subsequent subparts of this part.
Sec. 216.103 Definitions.
In addition to definitions contained in the MMPA, and in Sec.
216.3, and unless the context otherwise requires, in subsequent subparts
to this part:
Arctic waters means the marine and estuarine waters north of 60[deg]
N. lat.
Citizens of the United States and U.S. citizens mean individual U.S.
citizens or any corporation or similar entity if it is organized under
the laws of the United States or any governmental unit defined in 16
U.S.C. 1362(13). U.S. Federal, state and local government agencies shall
also constitute citizens of the United States for purposes of this part.
Incidental harassment, incidental taking and incidental, but not
intentional, taking all mean an accidental taking. This does not mean
that the taking is unexpected, but rather it includes those takings that
are infrequent, unavoidable or accidental. (A complete definition of
``take'' is contained in Sec. 216.3).
Negligible impact is an impact resulting from the specified activity
that cannot be reasonably expected to, and is not reasonably likely to,
adversely affect the species or stock through effects on annual rates of
recruitment or survival.
Small numbers means a portion of a marine mammal species or stock
whose taking would have a negligible impact on that species or stock.
Specified activity means any activity, other than commercial
fishing, that takes place in a specified geographical region and
potentially involves the taking of small numbers of marine mammals.
Specified geographical region means an area within which a specified
activity is conducted and that has certain biogeographic
characteristics.
Unmitigable adverse impact means an impact resulting from the
specified activity:
(1) That is likely to reduce the availability of the species to a
level insufficient for a harvest to meet subsistence needs by:
(i) Causing the marine mammals to abandon or avoid hunting areas;
(ii) Directly displacing subsistence users; or
(iii) Placing physical barriers between the marine mammals and the
subsistence hunters; and
(2) That cannot be sufficiently mitigated by other measures to
increase the availability of marine mammals to allow subsistence needs
to be met.
Sec. 216.104 Submission of requests.
(a) In order for the National Marine Fisheries Service to consider
authorizing the taking by U.S. citizens of small numbers of marine
mammals incidental to a specified activity (other than commercial
fishing), or to make a finding that an incidental take is unlikely to
occur, a written request must be submitted to the Assistant
Administrator. All requests must include the following information for
their activity:
(1) A detailed description of the specific activity or class of
activities that
[[Page 61]]
can be expected to result in incidental taking of marine mammals;
(2) The date(s) and duration of such activity and the specific
geographical region where it will occur;
(3) The species and numbers of marine mammals likely to be found
within the activity area;
(4) A description of the status, distribution, and seasonal
distribution (when applicable) of the affected species or stocks of
marine mammals likely to be affected by such activities;
(5) The type of incidental taking authorization that is being
requested (i.e., takes by harassment only; takes by harassment, injury
and/or death) and the method of incidental taking;
(6) By age, sex, and reproductive condition (if possible), the
number of marine mammals (by species) that may be taken by each type of
taking identified in paragraph (a)(5) of this section, and the number of
times such takings by each type of taking are likely to occur;
(7) The anticipated impact of the activity upon the species or stock
of marine mammal;
(8) The anticipated impact of the activity on the availability of
the species or stocks of marine mammals for subsistence uses;
(9) The anticipated impact of the activity upon the habitat of the
marine mammal populations, and the likelihood of restoration of the
affected habitat;
(10) The anticipated impact of the loss or modification of the
habitat on the marine mammal populations involved;
(11) The availability and feasibility (economic and technological)
of equipment, methods, and manner of conducting such activity or other
means of effecting the least practicable adverse impact upon the
affected species or stocks, their habitat, and on their availability for
subsistence uses, paying particular attention to rookeries, mating
grounds, and areas of similar significance;
(12) Where the proposed activity would take place in or near a
traditional Arctic subsistence hunting area and/or may affect the
availability of a species or stock of marine mammal for Arctic
subsistence uses, the applicant must submit either a plan of cooperation
or information that identifies what measures have been taken and/or will
be taken to minimize any adverse effects on the availability of marine
mammals for subsistence uses. A plan must include the following:
(i) A statement that the applicant has notified and provided the
affected subsistence community with a draft plan of cooperation;
(ii) A schedule for meeting with the affected subsistence
communities to discuss proposed activities and to resolve potential
conflicts regarding any aspects of either the operation or the plan of
cooperation;
(iii) A description of what measures the applicant has taken and/or
will take to ensure that proposed activities will not interfere with
subsistence whaling or sealing; and
(iv) What plans the applicant has to continue to meet with the
affected communities, both prior to and while conducting the activity,
to resolve conflicts and to notify the communities of any changes in the
operation;
(13) The suggested means of accomplishing the necessary monitoring
and reporting that will result in increased knowledge of the species,
the level of taking or impacts on populations of marine mammals that are
expected to be present while conducting activities and suggested means
of minimizing burdens by coordinating such reporting requirements with
other schemes already applicable to persons conducting such activity.
Monitoring plans should include a description of the survey techniques
that would be used to determine the movement and activity of marine
mammals near the activity site(s) including migration and other habitat
uses, such as feeding. Guidelines for developing a site-specific
monitoring plan may be obtained by writing to the Director, Office of
Protected Resources; and
(14) Suggested means of learning of, encouraging, and coordinating
research opportunities, plans, and activities relating to reducing such
incidental taking and evaluating its effects.
(b)(1) The Assistant Administrator shall determine the adequacy and
completeness of a request and, if determined to be adequate and
complete, will begin the public review process by
[[Page 62]]
publishing in the Federal Register either:
(i) A proposed incidental harassment authorization; or
(ii) A notice of receipt of a request for the implementation or
reimplementation of regulations governing the incidental taking.
(2) Through notice in the Federal Register, newspapers of general
circulation, and appropriate electronic media in the coastal areas that
may be affected by such activity, NMFS will invite information,
suggestions, and comments for a period not to exceed 30 days from the
date of publication in the Federal Register. All information and
suggestions will be considered by the National Marine Fisheries Service
in developing, if appropriate, the most effective regulations governing
the issuance of letters of authorization or conditions governing the
issuance of an incidental harassment authorization.
(3) Applications that are determined to be incomplete or
inappropriate for the type of taking requested, will be returned to the
applicant with an explanation of why the application is being returned.
(c) The Assistant Administrator shall evaluate each request to
determine, based upon the best available scientific evidence, whether
the taking by the specified activity within the specified geographic
region will have a negligible impact on the species or stock and, where
appropriate, will not have an unmitigable adverse impact on the
availability of such species or stock for subsistence uses. If the
Assistant Administrator finds that the mitigating measures would render
the impact of the specified activity negligible when it would not
otherwise satisfy that requirement, the Assistant Administrator may make
a finding of negligible impact subject to such mitigating measures being
successfully implemented. Any preliminary findings of ``negligible
impact'' and ``no unmitigable adverse impact'' shall be proposed for
public comment along with either the proposed incidental harassment
authorization or the proposed regulations for the specific activity.
(d) If, subsequent to the public review period, the Assistant
Administrator finds that the taking by the specified activity would have
more than a negligible impact on the species or stock of marine mammal
or would have an unmitigable adverse impact on the availability of such
species or stock for subsistence uses, the Assistant Administrator shall
publish in the Federal Register the negative finding along with the
basis for denying the request.
Sec. 216.105 Specific regulations.
(a) For all petitions for regulations under this paragraph,
applicants must provide the information requested in Sec. 216.104(a) on
their activity as a whole, which includes, but is not necessarily
limited to, an assessment of total impacts by all persons conducting the
activity.
(b) For allowed activities that may result in incidental takings of
small numbers of marine mammals by harassment, serious injury, death or
a combination thereof, specific regulations shall be established for
each allowed activity that set forth:
(1) Permissible methods of taking;
(2) Means of effecting the least practicable adverse impact on the
species and its habitat and on the availability of the species for
subsistence uses; and
(3) Requirements for monitoring and reporting, including
requirements for the independent peer-review of proposed monitoring
plans where the proposed activity may affect the availability of a
species or stock for taking for subsistence uses.
(c) Regulations will be established based on the best available
information. As new information is developed, through monitoring,
reporting, or research, the regulations may be modified, in whole or in
part, after notice and opportunity for public review.
Sec. 216.106 Letter of Authorization.
(a) A Letter of Authorization, which may be issued only to U.S.
citizens, is required to conduct activities pursuant to any regulations
established under Sec. 216.105. Requests for Letters of Authorization
shall be submitted to the
[[Page 63]]
Director, Office of Protected Resources. The information to be submitted
in a request for an authorization will be specified in the appropriate
subpart to this part or may be obtained by writing to the above named
person.
(b) Issuance of a Letter of Authorization will be based on a
determination that the level of taking will be consistent with the
findings made for the total taking allowable under the specific
regulations.
(c) Letters of Authorization will specify the period of validity and
any additional terms and conditions appropriate for the specific
request.
(d) Notice of issuance of all Letters of Authorization will be
published in the Federal Register within 30 days of issuance.
(e) Letters of Authorization shall be withdrawn or suspended, either
on an individual or class basis, as appropriate, if, after notice and
opportunity for public comment, the Assistant Administrator determines
that:
(1) The regulations prescribed are not being substantially complied
with; or
(2) The taking allowed is having, or may have, more than a
negligible impact on the species or stock or, where relevant, an
unmitigable adverse impact on the availability of the species or stock
for subsistence uses.
(f) The requirement for notice and opportunity for public review in
Sec. 216.106(e) shall not apply if the Assistant Administrator
determines that an emergency exists that poses a significant risk to the
wellbeing of the species or stocks of marine mammals concerned.
(g) A violation of any of the terms and conditions of a Letter of
Authorization or of the specific regulations shall subject the Holder
and/or any individual who is operating under the authority of the
Holder's Letter of Authorization to penalties provided in the MMPA.
Sec. 216.107 Incidental harassment authorization for Arctic waters.
(a) Except for activities that have the potential to result in
serious injury or mortality, which must be authorized under Sec.
216.105, incidental harassment authorizations may be issued, following a
30-day public review period, to allowed activities that may result in
only the incidental harassment of a small number of marine mammals. Each
such incidental harassment authorization shall set forth:
(1) Permissible methods of taking by harassment;
(2) Means of effecting the least practicable adverse impact on the
species, its habitat, and on the availability of the species for
subsistence uses; and
(3) Requirements for monitoring and reporting, including
requirements for the independent peer-review of proposed monitoring
plans where the proposed activity may affect the availability of a
species or stock for taking for subsistence uses.
(b) Issuance of an incidental harassment authorization will be based
on a determination that the number of marine mammals taken by harassment
will be small, will have a negligible impact on the species or stock of
marine mammal(s), and will not have an unmitigable adverse impact on the
availability of species or stocks for taking for subsistence uses.
(c) An incidental harassment authorization will be either issued or
denied within 45 days after the close of the public review period.
(d) Notice of issuance or denial of an incidental harassment
authorization will be published in the Federal Register within 30 days
of issuance of a determination.
(e) Incidental harassment authorizations will be valid for a period
of time not to exceed 1 year but may be renewed for additional periods
of time not to exceed 1 year for each reauthorization.
(f) An incidental harassment authorization shall be modified,
withdrawn, or suspended if, after notice and opportunity for public
comment, the Assistant Administrator determines that:
(1) The conditions and requirements prescribed in the authorization
are not being substantially complied with; or
(2) The authorized taking, either individually or in combination
with other authorizations, is having, or may have, more than a
negligible impact on the species or stock or, where relevant, an
unmitigable adverse impact on the availability of the species or stock
for subsistence uses.
[[Page 64]]
(g) The requirement for notice and opportunity for public review in
paragraph (f) of this section shall not apply if the Assistant
Administrator determines that an emergency exists that poses a
significant risk to the well-being of the species or stocks of marine
mammals concerned.
(h) A violation of any of the terms and conditions of an incidental
harassment authorization shall subject the holder and/or any individual
who is operating under the authority of the holder's incidental
harassment authorization to penalties provided in the MMPA.
Sec. 216.108 Requirements for monitoring and reporting under incidental
harassment authorizations for Arctic waters.
(a) Holders of an incidental harassment authorization in Arctic
waters and their employees, agents, and designees must cooperate with
the National Marine Fisheries Service and other designated Federal,
state, or local agencies to monitor the impacts of their activity on
marine mammals. Unless stated otherwise within an incidental harassment
authorization, the holder of an incidental harassment authorization
effective in Arctic waters must notify the Alaska Regional Director,
National Marine Fisheries Service, of any activities that may involve a
take by incidental harassment in Arctic waters at least 14 calendar days
prior to commencement of the activity.
(b) Holders of incidental harassment authorizations effective in
Arctic waters may be required by their authorization to designate at
least one qualified biological observer or another appropriately
experienced individual to observe and record the effects of activities
on marine mammals. The number of observers required for monitoring the
impact of the activity on marine mammals will be specified in the
incidental harassment authorization. If observers are required as a
condition of the authorization, the observer(s) must be approved in
advance by the National Marine Fisheries Service.
(c) The monitoring program must, if appropriate, document the
effects (including acoustical) on marine mammals and document or
estimate the actual level of take. The requirements for monitoring
plans, as specified in the incidental harassment authorization, may vary
depending on the activity, the location, and the time.
(d) Where the proposed activity may affect the availability of a
species or stock of marine mammal for taking for subsistence purposes,
proposed monitoring plans or other research proposals must be
independently peer-reviewed prior to issuance of an incidental
harassment authorization under this subpart. In order to complete the
peer-review process within the time frames mandated by the MMPA for an
incidental harassment authorization, a proposed monitoring plan
submitted under this paragraph must be submitted to the Assistant
Administrator no later than the date of submission of the application
for an incidental harassment authorization. Upon receipt of a complete
monitoring plan, and at its discretion, the National Marine Fisheries
Service will either submit the plan to members of a peer review panel
for review or within 60 days of receipt of the proposed monitoring plan,
schedule a workshop to review the plan. The applicant must submit a
final monitoring plan to the Assistant Administrator prior to the
issuance of an incidental harassment authorization.
(e) At its discretion, the National Marine Fisheries Service may
place an observer aboard vessels, platforms, aircraft, etc., to monitor
the impact of activities on marine mammals.
(f)(1) As specified in the incidental harassment authorization, the
holder of an incidental harassment authorization for Arctic waters must
submit reports to the Assistant Administrator within 90 days of
completion of any individual components of the activity (if any), within
90 days of completion of the activity, but no later than 120 days prior
to expiration of the incidental harassment authorization, whichever is
earlier. This report must include the following information:
(i) Dates and type(s) of activity;
(ii) Dates and location(s) of any activities related to monitoring
the effects on marine mammals; and
[[Page 65]]
(iii) Results of the monitoring activities, including an estimate of
the actual level and type of take, species name and numbers of each
species observed, direction of movement of species, and any observed
changes or modifications in behavior.
(2) Monitoring reports will be reviewed by the Assistant
Administrator and, if determined to be incomplete or inaccurate, will be
returned to the holder of the authorization with an explanation of why
the report is being returned. If the authorization holder disagrees with
the findings of the Assistant Administrator, the holder may request an
independent peer review of the report. Failure to submit a complete and
accurate report may result in a delay in processing future authorization
requests.
(g) Results of any behavioral, feeding, or population studies, that
are conducted supplemental to the monitoring program, should be made
available to the National Marine Fisheries Service before applying for
an incidental harassment authorization for the following year.
Subpart J [Reserved]
Subpart K_Taking of Marine Mammals Incidental to Space Vehicle and Test
Flight Activities
Source: 69 FR 5727, Feb. 6, 2004, unless otherwise noted.
Effective Date Note: At 69 FR 5727, Feb. 6, 2004, subpart K was
added, effective Feb. 6, 2004, through Feb. 6, 2009.
Sec. 216.120 Specified activity and specified geographical region.
(a) Regulations in this subpart apply only to the incidental taking
of those marine mammals specified in paragraph (b) of this section by
U.S. citizens engaged in:
(1) Launching up to 30 space and missiles vehicles each year from
Vandenberg Air Force Base, for a total of up to 150 missiles and rockets
over the 5-year period of these regulations,
(2) Launching up to 20 rockets each year from Vandenberg Air Force
Base, for a total of up to 100 rocket launches over the 5-year period of
these regulations,
(3) Aircraft flight test operations, and
(4) Helicopter operations from Vandenberg Air Force Base.
(b) The incidental take of marine mammals on Vandenberg Air Force
Base and in waters off southern California, under the activity
identified in paragraph (a) of this section, is limited to the following
species: Harbor seals (Phoca vitulina), California sea lions (Zalophus
californianus), northern elephant seals (Mirounga angustirostris), and
northern fur seals (Callorhinus ursinus).
Sec. 216.121 Effective dates.
Regulations in this subpart are effective from February 6, 2004,
through February 6, 2009.
Sec. 216.122 Permissible methods of taking.
(a) Under Letters of Authorization issued pursuant to Sec. 216.106,
the 30th Space Wing, U.S. Air Force, its contractors, and clients, may
incidentally, but not intentionally, take marine mammals by harassment,
within the area described in Sec. 216.120, provided all terms,
conditions, and requirements of these regulations and such Letter(s) of
Authorization are complied with.
(b) [Reserved]
Sec. 216.123 Prohibitions.
No person in connection with the activities described in Sec.
216.120 shall:
(a) Take any marine mammal not specified in Sec. 216.120(b);
(b) Take any marine mammal specified in Sec. 216.120(b) other than
by incidental, unintentional harassment;
(c) Take a marine mammal specified in Sec. 216.120(b) if such take
results in more than a negligible impact on the species or stocks of
such marine mammal; or
(d) Violate, or fail to comply with, the terms, conditions, and
requirements of these regulations or a Letter of Authorization issued
under Sec. 216.106.
[[Page 66]]
Sec. 216.124 Mitigation.
(a) The activity identified in Sec. 216.120(a) must be conducted in
a manner that minimizes, to the greatest extent practicable, adverse
impacts on marine mammals and their habitats. When conducting operations
identified in Sec. 216.120, the following mitigation measures must be
utilized:
(1) All aircraft and helicopter flight paths must maintain a minimum
distance of 1,000 ft (305 m) from recognized seal haul-outs and
rookeries (e.g., Point Sal, Purisima Point, Rocky Point), except in
emergencies or for real-time security incidents (e.g., search-and-
rescue, fire-fighting) which may require approaching pinniped rookeries
closer than 1,000 ft (305 m).
(2) For missile and rocket launches, holders of Letters of
Authorization must avoid, whenever possible, launches during the harbor
seal pupping season of March through June, unless constrained by factors
including, but not limited to, human safety, national security, or for
space vehicle launch trajectory necessary to meet mission objectives.
(3) VAFB must avoid, whenever possible, launches which are predicted
to produce a sonic boom on the Northern Channel Islands during harbor
seal, elephant seal, and California sea lion pupping seasons, March
through June.
(4) If post-launch surveys determine that an injurious or lethal
take of a marine mammal has occurred, the launch procedure and the
monitoring methods must be reviewed, in cooperation with NMFS, and
appropriate changes must be made through modification to a Letter of
Authorization, prior to conducting the next launch under that Letter of
Authorization.
(5) Additional mitigation measures as contained in a Letter of
uthorization.
(b) [Reserved]
Sec. 216.125 Requirements for monitoring and reporting.
(a) Holders of Letters of Authorization issued pursuant to Sec.
216.106 for activities described in Sec. 216.120(a) are required to
cooperate with the National Marine Fisheries Service, and any other
Federal, state or local agency monitoring the impacts of the activity on
marine mammals. Unless specified otherwise in the Letter of
Authorization, the Holder of the Letter of Authorization must notify the
Administrator, Southwest Region, National Marine Fisheries Service, by
letter or telephone, at least 2 weeks prior to activities possibly
involving the taking of marine mammals.
(b) Holders of Letters of Authorization must designate qualified on-
site individuals, approved in advance by the National Marine Fisheries
Service, as specified in the Letter of Authorization, to:
(1) Conduct observations on harbor seal, elephant seal, and sea lion
activity in the vicinity of the rookery nearest the launch platform or,
in the absence of pinnipeds at that location, at another nearby haulout,
for at least 72 hours prior to any planned launch occurring during the
harbor seal pupping season (1 March through 30 June) and continue for a
period of time not less than 48 hours subsequent to launching,
(2) For launches during the harbor seal pupping season (March
through June), conduct follow-up surveys within 2 weeks of the launch to
ensure that there were no adverse effects on any marine mammals,
(3) Monitor haul-out sites on the Northern Channel Islands, if it is
determined by modeling that a sonic boom of greater than 1 psf could
occur in those areas (this determination will be made in consultation
with the National Marine Fisheries Service),
(4) Investigate the potential for spontaneous abortion, disruption
of effective female-neonate bonding, and other reproductive dysfunction,
(5) Supplement observations on Vandenberg and on the Northern
Channel Islands with video-recording of mother-pup seal responses for
daylight launches during the pupping season,
(6) Conduct acoustic measurements of those launch vehicles that have
not had sound pressure level measurements made previously, and
(7) Include multiple surveys each day that record the species,
number of animals, general behavior, presence of pups, age class, gender
and reaction to launch noise, sonic booms or other natural or human
caused disturbances, in addition to recording environmental
[[Page 67]]
conditions such as tide, wind speed, air temperature, and swell.
(c) Holders of Letters of Authorization must conduct additional
monitoring as required under an annual Letter of Authorization.
(d) The Holder of the Letter of Authorization must submit a report
to the Southwest Administrator, National Marine Fisheries Service within
90 days after each launch. This report must contain the following
information:
(1) Date(s) and time(s) of the launch,
(2) Design of the monitoring program, and
(3) Results of the monitoring programs, including, but not
necessarily limited to:
(i) Numbers of pinnipeds present on the haulout prior to
commencement of the launch,
(ii) Numbers of pinnipeds that may have been harassed as noted by
the number of pinnipeds estimated to have entered the water as a result
of launch noise,
(iii) The length of time(s) pinnipeds remained off the haulout or
rookery,
(iv) The numbers of pinniped adults or pups that may have been
injured or killed as a result of the launch, and
(v) Behavioral modifications by pinnipeds that were likely the
result of launch noise or the sonic boom.
(e) An annual report must be submitted at the time of renewal of the
LOA.
(f) A final report must be submitted at least 180 days prior to
expiration of these regulations. This report will:
(1) Summarize the activities undertaken and the results reported in
all previous reports,
(2) Assess the impacts at each of the major rookeries,
(3) Assess the cumulative impact on pinnipeds and other marine
mammals from Vandenberg activities, and
(4) State the date(s), location(s), and findings of any research
activities related to monitoring the effects on launch noise and sonic
booms on marine mammal populations.
Sec. 216.126 Applications for Letters of Authorization.
(a) To incidentally take harbor seals and other marine mammals
pursuant to these regulations, either the U.S. citizen conducting the
activity or the 30th Space Wing on behalf of the U.S. citizen conducting
the activity, must apply for and obtain a Letter of Authorization in
accordance with Sec. 216.106.
(b) The application must be submitted to the National Marine
Fisheries Service at least 30 days before the activity is scheduled to
begin.
(c) Applications for Letters of Authorization and for renewals of
Letters of Authorization must include the following:
(1) Name of the U.S. citizen requesting the authorization,
(2) A description of the activity, the dates of the activity, and
the specific location of the activity, and
(3) Plans to monitor the behavior and effects of the activity on
marine mammals.
(d) A copy of the Letter of Authorization must be in the possession
of the persons conducting activities that may involve incidental takings
of seals and sea lions.
Sec. 216.127 Renewal of Letters of Authorization.
A Letter of Authorization issued under Sec. 216.126 for the
activity identified in Sec. 216.120(a) will be renewed annually upon:
(a) Timely receipt of the reports required under Sec. 216.125(d),
if determined by the Assistant Administrator to be acceptable; and
(b) A determination that the mitigation measures required under
Sec. 216.124 and the Letter of Authorization have been undertaken.
Sec. 216.128 Modifications of Letters of Authorization.
(a) In addition to complying with the provisions of Sec. 216.106,
except as provided in paragraph (b) of this section, no substantive
modification, including withdrawal or suspension, to a Letter of
Authorization subject to the provisions of this subpart shall be made
until after notice and an opportunity for public comment.
(b) If the Assistant Administrator determines that an emergency
exists that poses a significant risk to the well-being of the species or
stocks of marine mammals specified in Sec. 216.120 (b), a
[[Page 68]]
Letter of Authorization may be substantively modified without prior
notice and opportunity for public comment. A notice will be published in
the Federal Register subsequent to the action.
Subparts L-M [Reserved]
Subpart N_Taking of Marine Mammals Incidental to Missile Launch
Operations from San Nicolas Island, CA
Source: 68 FR 52138, Sept. 2, 2003, unless otherwise noted.
Effective Date Note: At 68 FR 52138, Sept. 2, 2003, Subpart N of
Part 216 was added, effective Oct. 2, 2003, through Oct. 2, 2008.
Sec. 216.151 Specified activity, geographical region, and incidental
take levels.
(a) Regulations in this subpart apply only to the incidental taking
of marine mammals specified in paragraph (b) of this section by U.S.
citizens engaged in target missile launch activities at the Naval Air
Warfare Center Weapons Division facilities on San Nicolas Island,
California.
(b) The incidental take of marine mammals under the activity
identified in paragraph (a) of this section is limited to the following
species: northern elephant seals (Mirounga angustirostris), harbor seals
(Phoca vitulina), and California sea lions (Zalophus californianus).
(c) This Authorization is valid only for activities associated with
the launching of a total of 40 Vandal (or similar sized) vehicles from
Alpha Launch Complex and smaller missiles and targets from Building 807
on San Nicolas Island, California.
Sec. 216.152 Effective dates.
Regulations in this subpart are effective from October 2, 2003
through October 2, 2008.
Sec. 216.153 Permissible methods of taking; mitigation.
(a) Under a Letter of Authorization issued pursuant to Sec.
216.106, the U.S. Navy may incidentally, but not intentionally, take
those marine mammal species specified in Sec. 216.151(b) by Level B
harassment, in the course of conducting target missile launch activities
within the area described in Sec. 216.151(a), provided all terms,
conditions, and requirements of these regulations and such Letter of
Authorization are complied with.
(b) The activity specified in Sec. 216.151 must be conducted in a
manner that minimizes, to the greatest extent possible, adverse impacts
on marine mammals and their habitat. When conducting these activities,
the following mitigation measures must be utilized:
(1) The holder of the Letter of Authorization must prohibit
personnel from entering pinniped haul-out sites below the missile's
predicted flight path for 2 hours prior to planned missile launches.
(2) The holder of the Letter of Authorization must avoid launch
activities during harbor seal pupping season (February to April), when
operationally practicable.
(3) The holder of this Authorization must limit launch activities
during other pinniped pupping seasons, when operationally practicable.
(4) The holder of the Letter of Authorization must not launch Vandal
target missiles from the Alpha Complex at low elevation (less than 1,000
feet (304.8 m) on launch azimuths that pass close to pinniped haul-out
sites).
(5) The holder of the Letter of Authorization must avoid, where
practicable, launching multiple target missiles in quick succession over
haul-out sites, especially when young pups are present.
(6) The holder of the Letter of Authorization must limit launch
activities during nighttime hours when operationally practicable.
(7) Aircraft and helicopter flight paths must maintain a minimum
altitude of 1,000 feet (304.8 m) from pinniped haul-outs.
(8) If injurious or lethal take is discovered during monitoring
conducted under Sec. 216.155, the holder of the Letter of Authorization
must contact the Regional Administrator, Southwest Region, National
Marine Fisheries Service, or his/her designee, at (562) 980-4023 within
48 hours and, in cooperation
[[Page 69]]
with the National Marine Fisheries Service, launch procedure, mitigation
measures, and monitoring methods must be reviewed and appropriate
changes made prior to the next launch.
(9) If post-test surveys determine that an injurious or lethal take
of a marine mammal has occurred, the test procedure and the monitoring
methods must be reviewed and appropriate changes must be made prior to
conducting the next missile launch.
Sec. 216.154 Prohibitions.
Notwithstanding takings authorized by Sec. 216.151(b) and by a
Letter of Authorization issued under Sec. 216.106, the following
activities are prohibited:
(a) The taking of a marine mammal that is other than unintentional.
(b) The violation of, or failure to comply with, the terms,
conditions, and requirements of this part or a Letter of Authorization
issued under Sec. 216.106.
(c) The incidental taking of any marine mammal of a species not
specified, or in a manner not authorized, in this subpart.
Sec. 216.155 Requirements for monitoring and reporting.
(a) The holder of the Letter of Authorization is required to
cooperate with the National Marine Fisheries Service and any other
Federal, state or local agency monitoring the impacts of the activity on
marine mammals.
(b) The National Marine Fisheries Service must be notified
immediately of any changes or deletions to any portions of the proposed
monitoring plan submitted in accordance with the Letter of
Authorization.
(c) The holder of the Letter of Authorization must designate
biologically trained, on-site observer(s), approved in advance by the
National Marine Fisheries Service, to record the effects of the launch
activities and the resulting noise on pinnipeds.
(d) The holder of the Letter of Authorization must implement the
following monitoring measures:
(1) Visual Land-Based Monitoring. (i) Prior to each missile launch,
an observer(s) will place 3 autonomous digital video cameras overlooking
chosen haul-out sites located varying distances from the missile launch
site. Each video camera will be set to record a focal subgroup within
the larger haul-out aggregation for a maximum of 4 hours or as permitted
by the videotape capacity.
(ii) Systematic visual observations, by observers described in
paragraph (c) of this section, on pinniped presence and activity will be
conducted and recorded in a field logbook a minimum of 2 hours prior to
the estimated launch time and for at least 1 hour immediately following
the launch of all launch vehicles.
(iii) Documentation, both via autonomous video camera and human
observer, will consist of:
(A) Numbers and sexes of each age class in focal subgroups;
(B) Description and timing of launch activities or other disruptive
event(s);
(C) Movements of pinnipeds, including number and proportion moving,
direction and distance moved, and pace of movement;
(D) Description of reactions;
(E) Minimum distances between interacting and reacting pinnipeds;
(F) Study location;
(G) Local time;
(H) Substratum type;
(I) Substratum slope;
(J) Weather condition;
(K) Horizontal visibility; and
(L) Tide state.
(2) Acoustic Monitoring. (i) During all target missile launches,
calibrated recordings of the levels and characteristics of the received
launch sounds will be obtained from 3 different locations of varying
distances from the target missile's flight path. To the extent
practicable, these acoustic recording locations will correspond with the
haul-out sites where video and human observer monitoring is done.
(ii) Acoustic recordings will be supplemented by the use of radar
and telemetry systems to obtain the trajectory of target missiles in
three dimensions.
(iii) Acoustic equipment used to record launch sounds will be
suitable for collecting a wide range of parameters, including the
magnitude, characteristics, and duration of each target missile.
[[Page 70]]
(e) The holder of the Letter of Authorization must implement the
following reporting requirements:
(1) For each target missile launch, the lead contractor or lead
observer for the holder of the Letter of Authorization must provide a
status report on the information required under Sec. 216.155(d)(1)(iii)
to the National Marine Fisheries Service, Southwest Regional Office,
unless other arrangements for monitoring are agreed in writing.
(2) An initial report must be submitted to the Office of Protected
Resources, and the Southwest Regional Office at least 60 days prior to
the expiration of each annual Letter of Authorization. This report must
contain the following information:
(i) Timing and nature of launch operations;
(ii) Summary of pinniped behavioral observations;
(iii) Estimate of the amount and nature of all takes by harassment
or by other means.
(3) A draft comprehensive technical report will be submitted to the
Office of Protected Resources and Southwest Regional Office, National
Marine Fisheries Service, 180 days prior to the expiration of these
regulations and providing full documentation of the methods, results,
and interpretation of all monitoring tasks for launches to date plus
preliminary information for missile launches during the first 6 months
of the final Letter of Authorization.
(4) A revised final technical report, including all monitoring
results during the entire period of the Letter of Authorization, will be
due 90 days after the end of the period of effectiveness of these
regulations.
(5) Both the 60-day and draft comprehensive technical reports will
be subject to review and comment by the National Marine Fisheries
Service. Any recommendations made by the National Marine Fisheries
Service must be addressed in the final comprehensive report prior to
acceptance by the National Marine Fisheries Service.
(f) Activities related to the monitoring described in paragraph (d)
of this section, or in the Letter of Authorization issued under Sec.
216.106, may be conducted without the need for a separate scientific
research permit.
(g) In coordination and compliance with appropriate Navy
regulations, at its discretion, the National Marine Fisheries Service
may place an observer on San Nicolas Island for any activity involved in
marine mammal monitoring either prior to, during, or after a missile
launch in order to monitor the impact on marine mammals.
Sec. 216.156 Letter of Authorization.
(a) A Letter of Authorization, unless suspended or revoked, will be
valid for a period of time specified in the Letter of Authorization but
may not exceed the period of validity of this subpart.
(b) A Letter of Authorization with a period of validity less than
the period of validity of this subpart may be renewed subject to renewal
conditions in Sec. 216.157.
(c) A Letter of Authorization will set forth:
(1) Permissible methods of incidental taking;
(2) Specified geographic area for taking;
(3) Means of effecting the least practicable adverse impact on the
species of marine mammals authorized for taking and its habitat; and
(4) Requirements for monitoring and reporting incidental takes.
(d) Issuance of a Letter of Authorization will be based on a
determination that the number of marine mammals taken by the activity
will be small, and that the level of taking will be consistent with the
findings made for the total taking allowable under these regulations.
(e) Notice of issuance or denial of a Letter of Authorization will
be published in the Federal Register within 30 days of a determination.
Sec. 216.157 Renewal of a Letter of Authorization.
(a) A Letter of Authorization issued under Sec. 216.106 and Sec.
216.156 for the activity specified in Sec. 216.151 will be renewed
annually upon:
(1) Notification to the National Marine Fisheries Service that the
activity described in the application for a Letter of Authorization
submitted under Sec. 216.156 will be undertaken and that
[[Page 71]]
there will not be a substantial modification to the described work,
mitigation, or monitoring undertaken during the upcoming season;
(2) Timely receipt of the monitoring reports required under Sec.
216.155, and acceptance by the National Marine Fisheries Service;
(3) A determination by the National Marine Fisheries Service that
the mitigation, monitoring, and reporting measures required under
Sec. Sec. 216.153 and 216.155 and the Letter of Authorization were
undertaken and will be undertaken during the upcoming period of validity
of a renewed Letter of Authorization; and
(4) A determination that the number of marine mammals taken by the
activity continues to be small and that the level of taking will be
consistent with the findings made for the total taking allowable under
these regulations.
(b) A notice of issuance or denial of a renewal of a Letter of
Authorization will be published in the Federal Register within 30 days
of a determination.
Sec. 216.158 Modifications to the Letter of Authorization.
(a) Except as provided in paragraph (b) of this section, no
substantive modification, including withdrawal or suspension, to the
Letter of Authorization issued pursuant to Sec. 216.106 and subject to
the provisions of this subpart shall be made until after notice and an
opportunity for public comment.
(b) If the Assistant Administrator determines that an emergency
exists that poses a significant risk to the well-being of the species or
stocks of marine mammals specified in Sec. 216.151(b), the Letter of
Authorization issued pursuant to Sec. 216.106 may be substantively
modified without prior notice and an opportunity for public comment.
Notification will be published in the Federal Register subsequent to the
action.
Subpart O [Reserved]
Subpart P_Taking of Marine Mammals Incidental to Operating a Low
Frequency Acoustic Source by the North Pacific Acoustic Laboratory
Source: 66 FR 43458, Aug. 17, 2001, unless otherwise noted.
Effective Date Note: At 66 FR 43458, Aug. 17, 2001, subpart P was
added, effective Sept. 17, 2001, to Sept. 17, 2006.
Sec. 216.170 Specified activity and specified geographical region.
(a) Regulations in this subpart apply only to the incidental taking
of small numbers of marine mammals specified in paragraph (b) of this
section by U.S. citizens engaged in conducting acoustic research using a
moored, low-frequency acoustic source by the North Pacific Acoustic
Laboratory off Kauai, Hawaii.
(b) The incidental harassment of marine mammals under the activity
identified in paragraph (a) of this section is limited to small numbers
of the following species: humpback whales (Megaptera novaengliae), fin
whales (Balaenoptera physalus), blue whales (B. musculus), Bryde's
whales (B. edeni), minke whales (B. acutorostrata), North Pacific right
whales (Balaena japonicus), sperm whales (Physeter macrocephalus),
short-finned pilot whales (Globicephala macrorhynchus), beaked whales
(Ziphius cavirostris, Berardius bairdi, and Mesoplodon spp.), spinner
dolphins (Stenella longirostris), spotted dolphins (Stenella attenuata),
striped dolphins (Stenella coeruleoalba), bottlenose dolphins (Tursiops
truncatus), rough-toothed dolphins (Steno bredanensis), pygmy sperm
whales (Kogia breviceps), dwarf sperm whales (Kogia simus), killer
whales (Orcinus orca), false killer whales (Pseudorca crassidens), pygmy
killer whales (Feresa attenuata), and melon-headed whales (Peponocephala
electra). and Hawaiian monk seals (Monachus schauinslandi).
Sec. 216.171 Effective dates.
Regulations in this subpart are effective from September 17, 2001,
through September 17, 2006.
[[Page 72]]
Sec. 216.172 Permissible methods of taking.
(a) Under a Letter of Authorization issued pursuant to Sec. Sec.
216.106 and 216.176, the Holder of this Letter of Authorization may
incidentally, but not intentionally, take marine mammals by harassment
within the area described in Sec. 216.170(a), provided the activity is
in compliance with all terms, conditions, and requirements of these
regulations and the Letter of Authorization.
(b) The activities identified in Sec. 216.170(a) must be conducted
in a manner that minimizes, to the greatest extent practicable, any
adverse impacts on marine mammals and their habitat.
Sec. 216.173 Prohibitions.
Notwithstanding takings authorized by Sec. 216.170(b) and by a
Letter of Authorization issued under Sec. Sec. 216.106 and 216.176, no
person in connection with the activities described in Sec. 216.170(a)
shall:
(a) Take any marine mammal not specified in Sec. 216.170(b);
(b) Take any marine mammal specified in Sec. 216.170(b) other than
by incidental, unintentional harassment;
(c) Take any marine mammal specified in Sec. 216.170(b) if such
take results in more than a negligible impact on the species or stocks
of such marine mammal; or
(d) Violate, or fail to comply with, the terms, conditions, and
requirements of these regulations or a Letter of Authorization issued
under Sec. Sec. 216.106 and 216.176.
Sec. 216.174 Mitigation.
As described in the Letter of Authorization issued under Sec. Sec.
216.106 and 216.176., the North Pacific Acoustic Laboratory acoustic
source must:
(a) Operate at the minimum duty cycle necessary for conducting
large-scale acoustic thermometry and long-range propagation objectives.
(b) Not increase the duty cycle during the months of January through
April.
(c) Operate at the minimum power level necessary for conducting
large-scale acoustic thermometry and long-range propagation objectives,
but no more than 260 Watts.
(d) Precede all transmissions from the acoustic source by a 5-minute
ramp-up of the acoustic source's power.
Sec. 216.175 Requirements for monitoring and reporting.
(a) The holder of the Letter of Authorization is required to
cooperate with the National Marine Fisheries Service and any other
Federal, state or local agency monitoring the impacts of the activity on
marine mammals. The holder must notify the Southwest Regional
Administrator at least 2 weeks prior to commencing monitoring
activities.
(b) The Holder of this Authorization must conduct a minimum of eight
surveys each year from February through early April in the area off the
north shore of Kauai, Hawaii, as specified in the Letter of
Authorization issued under Sec. Sec. 216.106 and 216.176.
(c) The Holder of this Authorization must, through coordination with
marine mammal stranding networks in Hawaii, monitor strandings of marine
mammals to detect long-term trends in stranding and the potential
relationship to the North Pacific Acoustic Laboratory acoustic source.
(d) Activities related to the monitoring described in paragraphs (b)
and (c) of this section, or in the Letter of Authorization issued under
Sec. Sec. 216.106 and 216.176 may be conducted without the need for a
separate scientific research permit.
(e) In coordination and compliance with marine mammal researchers
operating under this subpart, at its discretion, the National Marine
Fisheries Service may place an observer on any aircraft involved in
marine mammal surveys in order to monitor the impact on marine mammals.
(f) The holder of a Letter of Authorization must annually submit a
report to the Director, Office of Protected Resources, National Marine
Fisheries Service, no later than 120 days after the conclusion of the
humpback whale aerial survey monitoring program. This report must
contain all the information required by the Letter of Authorization,
including the results, if any, of coordination with coastal marine
mammal stranding networks.
[[Page 73]]
(g) A final comprehensive report must be submitted to the Director,
Office of Protected Resources, National Marine Fisheries Service no
later than 240 days after completion of the final year of humpback whale
aerial survey monitoring conducted under Sec. 216.175. This report must
contain all the information required by the Letter of Authorization.
Sec. 216.176 Letter of authorization.
(a) A Letter of Authorization, unless suspended or revoked, will be
valid for a period of time specified in the Letter of Authorization but
may not exceed the period of validity of this subpart.
(b) A Letter of Authorization with a period of validity less than
the period of validity of this subpart may be renewed subject to renewal
conditions in Sec. 216.177.
(c) A Letter of Authorization will set forth:
(1) Permissible methods of incidental taking;
(2) Authorized geographic area for taking;
(3) Means of effecting the least practicable adverse impact on the
species of marine mammals authorized for taking and its habitat; and
(4) Requirements for monitoring and reporting incidental takes.
(d) Issuance of a Letter of Authorization will be based on a
determination that the number of marine mammals taken by the activity
will be small, and that the number of marine mammals taken by the
activity, specified in Sec. 216.170(b), as a whole, will have no more
than a negligible impact on the species or stocks of affected marine
mammal(s).
(e) Notice of issuance or denial of a Letter of Authorization will
be published in the Federal Register within 30 days of a determination.
Sec. 216.177 Renewal of a letter of authorization.
(a) A Letter of Authorization issued under Sec. 216.106 and Sec.
216.176 for the activity identified in Sec. 216.170(a) will be renewed
annually upon:
(1) Notification to the National Marine Fisheries Service that the
activity described in the application for a Letter of Authorization
submitted under Sec. 216.176 will be undertaken and that there will not
be a substantial modification to the described work, mitigation, or
monitoring undertaken during the upcoming season;
(2) Timely receipt of the monitoring reports required under Sec.
216.175, which have been reviewed by the National Marine Fisheries
Service and determined to be acceptable;
(3) A determination by the National Marine Fisheries Service that
the mitigation, monitoring, and reporting measures required under
Sec. Sec. 216.174 and 216.175 and the Letter of Authorization were
undertaken and will be undertaken during the upcoming period of validity
of a renewed Letter of Authorization; and
(4) Renewal of a Letter of Authorization will be based on a
determination that the number of marine mammals taken by the activity
continues to be small and that the number of marine mammals taken by the
activity, specified in Sec. 216.170(b), will have no more than a
negligible impact on the species or stock of affected marine mammal(s).
(b) A notice of issuance or denial of a renewal of a Letter of
Authorization will be published in the Federal Register within 30 days
of a determination.
Sec. 216.178 Modifications to a letter of authorization.
(a) In addition to complying with the provisions of Sec. Sec.
216.106 and 216.176, except as provided in paragraph (b) of this
section, no substantive modification (including withdrawal or
suspension) to the Letter of Authorization issued pursuant to Sec. Sec.
216.106 and 216.176 and subject to the provisions of this subpart shall
be made by the National Marine Fisheries Service until after a
notification and an opportunity for public comment has been provided.
For purposes of this paragraph, a renewal of a Letter of Authorization
under Sec. 216.177 without modification, except for the period of
validity, is not considered a substantive modification.
(b) If the Assistant Administrator determines that an emergency
exists that poses a significant risk to the well-being of the species or
stocks of marine mammals specified in Sec. 216.170(b), a
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Letter of Authorization issued pursuant to Sec. Sec. 216.106 and
216.176 may be substantively modified without prior notification and an
opportunity for public comment. Notification will be published in the
Federal Register within 30 days subsequent to the action.
Subpart Q_Taking of Marine Mammals Incidental to Navy Operations of
Surveillance Towed Array Sensor System Low Frequency Active (SURTASS
LFA) Sonar
Source: 67 FR 46785, July 16, 2002, unless otherwise noted.
Effective Date Note: At 67 FR 46785, July 16, 2002, subpart Q was
added, effective Aug. 15, 2002, through Aug. 15, 2007.
Sec. 216.180 Specified activity and specified geographical region.
Regulations in this subpart apply only to the incidental taking of
those marine mammal species specified in paragraph (b) of this section
by the U.S. Navy, Department of Defense, while engaged in the operation
of no more than two SURTASS LFA sonar systems conducting active sonar
operations, in areas specified in paragraph (a) of this section. The
authorized activities, as specified in a Letter of Authorization issued
under Sec. Sec. 216.106 and 216.188, include the transmission of low
frequency sounds from the SURTASS LFA sonar and the transmission of high
frequency sounds from the mitigation sonar described in Sec. 216.185
during training, testing, and routine military operations of SURTASS LFA
sonar.
(a) With the exception of those areas specified in Sec. 216.183(d),
the incidental taking by harassment may be authorized in the following
areas as specified in a Letter of Authorization:
(1) Atlantic Polar Biome:
(i) Boreal Polar Province (1/BPLR)(i.e., LFA sonar 180-dB exclusion
zone);
(ii) Atlantic Arctic Province (2/ARCT);
(iii) Atlantic Subarctic Province (3/SARC);
(2) North Atlantic Coastal Biome:
(i) Northeast Atlantic Shelves Province (11/NECS),
(A) North/Irish Sea Subprovince,
(B) English Channel Subprovince,
(C) Southern Outer Shelf Subprovince,
(D) Northern Outer Shelf Subprovince, and
(E) Baltic Subprovince; and
(ii) Northwest Atlantic Shelves Province (15/NWCS),
(A) Newfoundland/Nova Scotia Shelf Subprovince,
(B) Gulf of St. Lawrence Coastal Subprovince,
(C) Gulf of Maine/Bay of Fundy Coastal Subprovince,
(D) Georges Bank/New York Bight Coastal Subprovince,
(E) Middle Atlantic Bight Coastal Subprovince,
(F) South Atlantic Bight Coastal Subprovince;
(3) South Atlantic Coastal Biome:
(i) Benguela Current Coastal Province (22/BENG);
(ii) Brazil Current Coastal Province (20/BRAZ);
(iii) Eastern (Canary) Coastal Province (12/CNRY);
(iv) Southwest Atlantic Shelves Province (21/FKLD);
(v) Guianas Coastal Province (14/GUIA);
(vi) Guinea Current Coastal Province (13/GUIN),
(A) Guiana Coastal Subprovince, and
(B) Central African Coastal Subprovince;
(4) Atlantic Westerly Winds Biome:
(i) Gulf Stream Province (5/GFST);
(ii) North Atlantic Drift Province (4/NADR);
(iii) North Atlantic Subtropical Gyral East Province (18/NASTE); and
(iv) North Atlantic Subtropical Gyral West Province (6/NASTW);
(5) Atlantic Trade Wind Biome:
(i) Caribbean Province (17/CARB);
(A) Gulf of Mexico Subprovince;
(B) Caribbean Sea Subprovince;
(ii) Eastern Tropical Atlantic Province (9/ETRA);
(iii) North Atlantic Tropical Gyral Province (7/NATR);
(iv) South Atlantic Gyral Province (10/SATL);
(v) Western Tropical Atlantic Province (8/WTRA);
(6) Mediterranean/Black Sea Biome:
(i) Mediterranean Sea Province (16A/MEDI);
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(ii) Black Sea Province (16B/BLSE);
(7) Indian Ocean Coastal Biome:
(i) Australia/Indonesia Coastal Province (37/AUSW);
(ii) Eastern India Coastal Province (35/INDE);
(iii) Northwestern Arabian Upwelling Province (34/ARAB);
(iv) Eastern Africa Coastal Province (32/EAFR);
(v) Western India Coastal Province (36/INDW);
(vi) Red Sea, Persian Gulf Province (33/REDS);
(8) Indian Ocean Trade Wind Biome:
(i) Indian South Subtropical Gyre Province (31/ISSG);
(ii) Indian Monsoon Gyres Province (30/MONS);
(9) North Pacific Coastal Biome:
(i) Alaska Downwelling Coastal Province (65/ALSK),
(A) Canadian/Alaskan Coastal Subprovince,
(B) Aleutian Stream Coastal Subprovince,
(ii) California Current Province (66/CALC),
(A) Oregon-British Columbia Coastal Subprovince,
(B) Point Conception/Cape Mendicino Coastal Subprovince,
(C) Southern California Bight Subprovince, and
(D) Baja California Subprovince;
(iii) Central American Coastal Province (67/CAMR);
(iv) China Sea Coastal Province (69/CHIN);
(10) South Pacific Coastal Biome:
(i) East Australian Coastal Province (71/AUSE);
(ii) Humboldt Current Coastal Province (68/HUMB);
(A) Chilean Coastal Subprovince and
(B) Peruvian Coastal Subprovince;
(iii) New Zealand Coastal Province (72/NEWZ);
(iv) Sunda/Arafura Shelves Province (70/SUND);
(11) Pacific Polar Biome:
(i) North Pacific Epicontinental Sea Province (50/BERS);
(A) Bering Sea Subprovince;
(B) Okhotsk Sea Subprovince;
(ii) Reserved;
(12) Pacific Trade Wind Biome:
(i) Archipelagic Deep Basins Province (64/ARCH);
(ii) North Pacific Tropical Gyre West Province (56/NPTGW);
(iii) North Pacific Tropical Gyre East Province (60/NPTGE);
(iv) Pacific Equatorial Divergence Province (62/PEQD);
(v) North Pacific Equatorial Countercurrent Province (61/PNEC);
(vi) South Pacific Subtropical Gyre Province (59/SPGS);
(vii) Western Pacific Warm Pool Province (63/WARM);
(13) Pacific Westerly Winds Biome:
(i) Kuroshio Current Province (53/KURO);
(ii) North Pacific Transition Zone Province (54/NPPF);
(iii) Pacific Subarctic Gyres (East) Province (51/PSAGE);
(iv) Pacific Subarctic Gyres (West) Province (52/PSAGW);
(14) Antarctic Westerly Winds Biome:
(i) Subantarctic Water Ring Province (81/SANT),
(A) Atlantic Subantarctic Ring Subprovince;
(B) Indian Ocean Subantarctic Ring Subprovince;
(C) Pacific Ocean Subantarctic Water Ring Subprovince;
(ii) Subtropical Convergence Province (80/SSTC),
(A) Atlantic South Subtropical Convergence Subprovince;
(B) Indian Ocean South Subtropical Convergence Subprovince;
(C) Pacific Ocean South Subtropical Convergence Subprovince;
(iii) Tasman Sea Province (58/TASM);
(15) Antarctic Polar Biome: (SURTASS LFA sonar exclusion zone);
(i) Antarctic Province (82/ANTA)
(ii) Austral Polar Province (83/APLR).
(b) The incidental take by Level A and Level B harassment of marine
mammals under the activity identified in this section is limited to the
following species and species groups:
(1) Mysticete whales--blue whale (Balaenoptera musculus), fin whale
(Balaenoptera physalus), minke whale (Balaenoptera acutorostrata),
Bryde's whale (Balaenoptera edeni), sei whale (Balaenoptera borealis),
humpback whale (Megaptera novaeangliae), northern right whale (Eubalaena
glacialis), southern right whale (Eubalaena australis), pygmy right
whale (Capera
[[Page 76]]
marginata), bowhead whale (Balaena mysticetus), and gray whales
(Eschrichtius robustus).
(2) Odontocete whales--Risso's dolphin (Grampus griseus), rough-
toothed dolphin (Steno bredanensis), Fraser's dolphin (Lagenodelphis
hosei), right-whale dolphin (Lissodelphis spp.), bottlenose dolphin
(Tursiops truncatus), common dolphin (Delphinus delphis), Dall's
porpoise (Phocoenoides dalli), harbor porpoise (Phocoena phocoena),
beluga whale (Delphinapterus leucas), Stenella spp. Lagenorhynchus spp.,
Cephalorhynchus spp. melon-headed whale (Peponocephala spp.), beaked
whales (Berardius spp., Hyperoodon spp., Mesoplodon spp.), Cuvier's
beaked whale (Ziphius cavirostris), Shepard's beaked whale (Tasmacetus
shepherdi), Longman's beaked whale (Indopacetus pacificus), killer whale
(Orcinus orca), false killer whale (Pseudorca crassidens), pygmy killer
whale (Feresa attenuata), sperm whale (Physeter macrocephalus), dwarf
and pygmy sperm whales (Kogia simus and K. breviceps), and short-finned
and long-finned pilot whales (Globicephala macrorhynchus and G. melas).
(3) Pinnipeds--harbor seals (Phoca vitulina), spotted seals (P.
largha), ribbon seals (P. fasciata), gray seals (Halichoerus grypus),
hooded seal (Cystophora cristata), elephant seals (Mirounga
angustirostris and M. leonina). Hawaiian monk seals (Monachus
schauinslandi), Mediterranean monk seals (Monachus monachus), northern
fur seals (Callorhinus ursinus); southern fur seals (Arctocephalus
spp.), Steller sea lions (Eumetopias jubatus), California sea lions
(Zalophus californianus), Australian sea lions (Neophoca cinerea), New
Zealand sea lions (Phocarctos hookeri), and South American sea lions
(Otaria flavescens).
Sec. 216.181 Effective dates.
Regulations in this subpart are effective from August 15, 2002
through August 15, 2007.
Sec. 216.182 Permissible methods of taking.
(a) Under Letters of Authorization issued pursuant to Sec. Sec.
216.106 and 216.188, the Holder of the Letter of Authorization may
incidentally, but not intentionally, take marine mammals by Level A and
Level B harassment within the areas described in Sec. 216.180(a),
provided the activity is in compliance with all terms, conditions, and
requirements of these regulations and the appropriate Letter of
Authorization.
(b) The activities identified in Sec. 216.180 must be conducted in
a manner that minimizes, to the greatest extent practicable, any adverse
impacts on marine mammals, their habitat, and the availability of marine
mammals for subsistence uses.
Sec. 216.183 Prohibitions.
Notwithstanding takings authorized by Sec. 216.180 and by a Letter
of Authorization issued under Sec. Sec. 216.106 and 216.188, no person
in connection with the activities described in Sec. 216.180 shall:
(a) Take any marine mammal not specified in Sec. 216.180(b);
(b) Take any marine mammal specified in Sec. 216.180(b) other than
by incidental, unintentional Level A and Level B harassment;
(c) Take any marine mammal by receiving a sound pressure level
greater than 180 dB while operating under a Letter of Authorization in
any geographic area for which a Letter of Authorization has not been
issued;
(d) Take a marine mammal specified in Sec. 216.180(b) if such
taking results in more than a negligible impact on the species or stocks
of such marine mammal; or
(e) Violate, or fail to comply with, the terms, conditions, and
requirements of the regulations in this subpart or any Letter of
Authorization issued under Sec. Sec. 216.106 and 216.188.
Sec. 216.184 Mitigation.
The activity identified in Sec. 216.180(a) must be conducted in a
manner that minimizes, to the greatest extent practicable, adverse
impacts on marine mammals and their habitats. When conducting operations
identified in Sec. 216.180, the mitigation measures described in this
section and in any Letter of Authorization issued under Sec. Sec.
216.106 and 216.188 must be implemented.
(a) Through monitoring described under Sec. 216.185, the Holder of
a Letter of
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Authorization will ensure, to the greatest extent practicable, that no
marine mammal is subjected to a sound pressure level of 180 dB or
greater.
(b) If a marine mammal is detected within the area subjected to
sound pressure levels of 180 dB or greater (safety zone) or within the 1
km (0.5 nm) (buffer) zone extending beyond the 180-dB safety zone,
SURTASS LFA sonar transmissions will be immediately delayed or
suspended. Transmissions will not resume earlier than 15 minutes after:
(1) All marine mammals have left the area of the safety and buffer
zones; and
(2) There is no further detection of any marine mammal within the
safety and buffer zones as determined by the visual and/or passive or
active acoustic monitoring described in Sec. 216.185.
(c) The high-frequency marine mammal monitoring sonar (HF/M3)
described in Sec. 216.185 will be ramped-up slowly to operating levels
over a period of no less than 5 minutes:
(1) At least 30 minutes prior to any SURTASS LFA sonar
transmissions;
(2) Prior to any SURTASS LFA sonar calibrations or testings that are
not part of regular SURTASS LFA sonar transmissions described in
paragraph (c)(1) of this section; and
(3) Anytime after the HF/M3 source has been powered down for more
than 2 minutes.
(d) The HF/M3 source will not increase its sound pressure level once
a marine mammal is detected; ramp-up may proceed once marine mammals are
no longer detected.
(e) The Holder of a Letter of Authorization will not operate the
SURTASS LFA sonar while under a Letter of Authorization, such that the
SURTASS LFA sonar sound field exceeds 180 dB (re 1 [micro]Pa(rms)):
(1) At a distance of 12 nautical miles (nm) (22 kilometers (km))
from any coastline, including offshore islands;
(2) Within any offshore area that has been designated as
biologically important for marine mammals under Sec. 216.183(f), during
the biologically important season for that particular area;
(3) Within the offshore boundaries that extend beyond 12 nm (22 km)
of the following National Marine Sanctuaries:
(i) Monterey Bay,
(ii) Gulf of the Farallones, and
(iii) Cordell Bank;
(4) Within 23 nm (37.4 km) during the months of December, January,
March, and May of each year in the Olympic Coast National Marine
Sanctuary.
(f) The following areas have been designated by NMFS as offshore
areas of critical biological importance for marine mammals (by season if
appropriate):
------------------------------------------------------------------------
Months of
Name of area Location of area importance
------------------------------------------------------------------------
(1) 200-m isobath North American From 28[deg] N. to Year-Round.
East Coast. 50[deg] N. west
of 40[deg] W.
(2) Antarctic Convergence Zone.. 30[deg] E. to October 1 through
80[deg] E to March 31.
45[deg] S.
80[deg] E. to
150[deg] E. to
55[deg] S.
150[deg] E. to
50[deg] W. to
60[deg] S.
50[deg] W to
30[deg] E. to
50[deg] S.
(3) Costa Rica Dome............. Centered at 9[deg] Year-Round.
N. and 88[deg] W.
(4) Penguin Bank................ Centered at November 1 through
21[deg] N. and May 1.
157[deg]30[min] W.
------------------------------------------------------------------------
Sec. 216.185 Requirements for monitoring.
(a) In order to mitigate the taking of marine mammals by SURTASS LFA
sonar to the greatest extent practicable, the Holder of a Letter of
Authorization issued pursuant to Sec. Sec. 216.106 and 216.188 must:
(1) Conduct visual monitoring from the ship's bridge during all
daylight hours;
(2) Use low frequency passive SURTASS LFA sonar to listen for
vocalizing marine mammals; and
(3) Use the HF/M3 sonar to locate and track marine mammals in
relation to the SURTASS LFA sonar vessel and the sound field produced by
the SURTASS LFA sonar source array.
(b) Monitoring under paragraph (a) of this section must:
(1) Commence at least 30 minutes before the first SURTASS LFA sonar
transmission;
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(2) Continue between transmission pings; and
(3) Continue either for at least 15 minutes after completion of the
SURTASS LFA sonar transmission exercise, or, if marine mammals are
exhibiting unusual behavioral patterns, for a period of time until
behavior patterns return to normal or conditions prevent continued
observations;
(c) Holders of Letters of Authorization for activities described in
Sec. 216.180 are required to cooperate with the National Marine
Fisheries Service and any other federal agency for monitoring the
impacts of the activity on marine mammals.
(d) Holders of Letters of Authorization must designate qualified on-
site individuals to conduct the mitigation, monitoring and reporting
activities specified in the Letter of Authorization.
(e) Holders of Letters of Authorization must conduct all monitoring
and research required under the Letter of Authorization.
Sec. 216.186 Requirements for reporting.
(a) The Holder of the Letter of Authorization must submit quarterly
mission reports to the Director, Office of Protected Resources, NMFS, no
later than 30 days after the end of each quarter beginning on the date
of effectiveness of a Letter of Authorization or as specified in the
appropriate Letter of Authorization. Each quarterly mission report will
include all active-mode missions completed during that quarter. At a
minimum, each classified mission report must contain the following
information:
(1) Dates, times, and location of the vessel during the mission;
(2) Information on sonar transmissions as detailed in the Letter of
Authorization; and
(3) Results of the marine mammal monitoring program specified in the
Letter of Authorization.
(b) The Holder of a Letter of Authorization must submit an annual
report to the Director, Office of Protected Resources, NMFS, no later
than 90 days prior to expiration of a Letter of Authorization. This
report must contain all the information required by the Letter of
Authorization.
(c) A final comprehensive report must be submitted to the Director,
Office of Protected Resources, NMFS at least 240 days prior to
expiration of these regulations. In addition to containing all the
information required by any final year Letter of Authorization, this
report must contain an analysis of new passive technologies and an
assessment of whether such a system is feasible as an alternative to
SURTASS LFA sonar.
Sec. 216.187 Applications for Letters of Authorization.
(a) To incidentally take marine mammals pursuant to these
regulations, the U.S. Navy authority conducting the activity identified
in Sec. 216.180 must apply for and obtain a Letter of Authorization in
accordance with Sec. 216.106.
(b) The application for an initial or a renewal of a Letter of
Authorization must be submitted to the Director, Office of Protected
Resources, NMFS, at least 60 days before the date that either the vessel
is scheduled to begin conducting SURTASS LFA sonar operations or the
previous Letter of Authorization is scheduled to expire.
(c) All applications for a Letter of Authorization must include the
following information:
(1) The date(s), duration, and the specified geographical region
where the vessel's activity will occur;
(2) The species and/or stock(s) of marine mammals likely to be found
within each specified geographical region;
(3) The type of incidental taking authorization requested (i.e.,
take by Level A and/or Level B harassment);
(4) The estimated percentage of marine mammal species/stocks
potentially affected in each specified geographic region for the 12-
month period of effectiveness of the Letter of Authorization; and
(5) The means of accomplishing the necessary monitoring and
reporting that will result in increased knowledge of the species and the
level of taking or impacts on marine mammal populations.
(d) The National Marine Fisheries Service will review an application
for a Letter of Authorization in accordance with Sec. 216.104(b) and,
if adequate and
[[Page 79]]
complete, issue a Letter of Authorization.
Sec. 216.188 Letters of Authorization.
(a) A Letter of Authorization, unless suspended or revoked will be
valid for a period of time not to exceed one year, but may be renewed
annually subject to annual renewal conditions in Sec. 216.189.
(b) Each Letter of Authorization will set forth:
(1) Permissible methods of incidental taking;
(2) Authorized geographic areas for incidental takings;
(3) Means of effecting the least practicable adverse impact on the
species of marine mammals authorized for taking, their habitat, and the
availability of the species for subsistence uses; and
(4) Requirements for monitoring and reporting incidental takes.
(c) Issuance of each Letter of Authorization will be based on a
determination that the number of marine mammals taken by the activity
will be small, that the total number of marine mammals taken by the
activity specified in Sec. 216.180 as a whole will have no more than a
negligible impact on the species or stock of affected marine mammal(s),
and that the total taking will not have an unmitigable adverse impact on
the availability of species or stocks of marine mammals for taking for
subsistence uses.
(d) Notice of issuance or denial of an application for a Letter of
Authorization will be published in the Federal Register within 30 days
of a determination.
Sec. 216.189 Renewal of Letters of Authorization.
(a) A Letter of Authorization issued under Sec. 216.106 and Sec.
216.188 for the activity identified in Sec. 216.180 will be renewed
annually upon:
(1) Notification to NMFS that the activity described in the
application submitted under Sec. 216.187 will be undertaken and that
there will not be a substantial modification to the described work,
mitigation or monitoring undertaken during the upcoming season;
(2) Notification to NMFS of the information identified in Sec.
216.187(c), including the planned geographic area(s), and anticipated
duration of each SURTASS LFA sonar operation;
(3) Timely receipt of the monitoring reports required under Sec.
216.185, which have been reviewed by NMFS and determined to be
acceptable;
(4) A determination by NMFS that the mitigation, monitoring and
reporting measures required under Sec. Sec. 216.184 and 216.185 and the
Letter of Authorization were undertaken and will be undertaken during
the upcoming annual period of validity of a renewed Letter of
Authorization; and
(5) A determination by NMFS that the number of marine mammals taken
by the activity continues to be small, that the total number of marine
mammals taken by the activity specified in Sec. 216.180, as a whole
will have no more than a negligible impact on the species or stock of
affected marine mammal(s), and that the total taking will not have an
unmitigable adverse impact on the availability of species or stocks of
marine mammals for taking for subsistence uses.
(b) If a request for a renewal of a Letter of Authorization issued
under Sec. Sec. 216.106 and 216.188 indicates that a substantial
modification to the described work, mitigation or monitoring will occur,
or if NMFS proposes a substantial modification to the Letter of
Authorization, NMFS will provide a period of 30 days for public review
and comment on the proposed modification. Amending the list of areas for
upcoming SURTASS LFA sonar operations is not considered a substantial
modification to the Letter of Authorization.
(c) A notice of issuance or denial of a renewal of a Letter of
Authorization will be published in the Federal Register within 30 days
of a determination.
Sec. 216.190 Modifications to Letters of Authorization.
(a) Except as provided in paragraph (b) of this section, no
substantial modification (including withdrawal or suspension) to a
Letter of Authorization issued pursuant to Sec. Sec. 216.106 and
216.188 and subject to the provisions of this subpart shall be made by
NMFS until after notification and an opportunity for public comment has
been provided.
[[Page 80]]
For purposes of this paragraph, a renewal of a Letter of Authorization
under Sec. 216.189, without modification, except for the period of
validity and a listing of planned operating areas, or for moving the
authorized SURTASS LFA sonar system from one ship to another, is not
considered a substantial modification.
(b) If the National Marine Fisheries Service determines that an
emergency exists that poses a significant risk to the well-being of the
species or stocks of marine mammals specified in Sec. 216.180(b), a
Letter of Authorization issued pursuant to Sec. Sec. 216.106 and
216.188 may be substantially modified without prior notice and
opportunity for public comment. Notification will be published in the
Federal Register within 30 days subsequent to the action.
Sec. 216.191 Designation of Biologically Important Marine Mammal Areas.
(a) Biologically important areas for marine mammals may be nominated
under this paragraph by the National Marine Fisheries Service or by the
public.
(b) In order for the National Marine Fisheries Service to designate
offshore areas of biological importance for marine mammals under this
rule, proponents must petition NMFS by requesting an area be added to
the list of biologically important areas in Sec. 216.184(f) and
submitting the following information:
(1) Geographic region proposed for consideration (including
geographic boundaries);
(2) A list of marine mammals within the proposed geographic region;
(3) Whether the proposal is for year-round designation or seasonal,
and if seasonal, months of years for proposed designation;
(4) Detailed information on the biology of marine mammals within the
area, including estimated population size, distribution, density,
status, and the principal biological activity during the proposed period
of designation sufficient for NMFS to make a preliminary determination
that the area is biologically important for marine mammals; and
(5) Detailed information on the area with regard to its importance
for either primary feeding, breeding, or migration for those species of
marine mammals that have the potential to be affected by low frequency
sounds;
(c) Areas within 12 nm (22 km) of any coastline, including offshore
islands, or within non-operating areas for SURTASS LFA sonar are not
eligible for consideration;
(d) If a petition is received without sufficient information for the
National Marine Fisheries Service to proceed, NMFS will determine
whether the nominated area warrants further study. If so, NMFS will
begin a scientific review of the area.
(e)(1) If through a petition or independently, NMFS makes a
preliminary determination that an area is biologically important for
marine mammals and is not located within a previously designated area,
NMFS will propose to add the area to Sec. 216.184(f) and provide a
public comment period of at least 45 days from the date of publication
in the Federal Register.
(2) The National Marine Fisheries Service will publish its final
determination in the Federal Register.
PARTS 217-221 [RESERVED]
PART 222_GENERAL ENDANGERED AND THREATENED MARINE SPECIES--Table of
Contents
Subpart A_Introduction and General Provisions
Sec.
222.101 Purpose and scope of regulations.
222.102 Definitions.
222.103 Federal/state cooperation in the conservation of endangered and
threatened species.
Subpart B_Certificates of Exemption for Pre-Act Endangered Species Parts
222.201 General requirements.
222.202 Certificate renewal.
222.203 Modification, amendment, suspension, and revocation of
certificates.
222.204 Administration of certificates.
222.205 Import and export requirements.
Subpart C_General Permit Procedures
222.301 General requirements.
222.302 Procedure for obtaining permits.
222.303 Issuance of permits.
222.304 Renewal of permits.
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222.305 Rights of succession and transfer of permits.
222.306 Modification, amendment, suspension, cancellation, and
revocation of permits.
222.307 Permits for incidental taking of species.
222.308 Permits for scientific purposes or for the enhancement of
propagation or survival of species.
222.309 Permits for listed species of sea turtles involving the Fish and
Wildlife Service.
222.310 Permit authority for designated agents and employees of
specified Federal and state agencies.
Authority: 16 U.S.C. 1531 et seq.; 16 U.S.C. 742a et seq.; 31 U.S.C.
9701.
Section 222.403 also issued under 16 U.S.C. 1361 et seq.
Source: 64 FR 14054, Mar. 23, 1999, unless otherwise noted.
Subpart A_Introduction and General Provisions
Sec. 222.101 Purpose and scope of regulations.
(a) The regulations of parts 222, 223, and 224 of this chapter
implement the Endangered Species Act (Act), and govern the taking,
possession, transportation, sale, purchase, barter, exportation,
importation of, and other requirements pertaining to wildlife and plants
under the jurisdiction of the Secretary of Commerce and determined to be
threatened or endangered pursuant to section 4(a) of the Act. These
regulations are implemented by the National Marine Fisheries Service,
National Oceanic and Atmospheric Administration, U.S. Department of
Commerce, This part pertains to general provisions and definitions.
Specifically, parts 223 and 224 pertain to provisions to threatened
species and endangered species, respectively. Part 226 enumerates
designated critical habitat for endangered and threatened species.
Certain of the endangered and threatened marine species enumerated in
Sec. Sec. 224.102 and 223.102 are included in Appendix I or II to the
Convention on International Trade of Endangered Species of Wild Fauna
and Flora. The importation, exportation, and re-exportation of such
species are subject to additional regulations set forth at 50 CFR part
23, chapter I.
(b) For rules and procedures relating to species determined to be
threatened or endangered under the jurisdiction of the Secretary of the
Interior, see 50 CFR parts 10 through 17. For rules and procedures
relating to the general implementation of the Act jointly by the
Departments of the Interior and Commerce and for certain species under
the joint jurisdiction of both the Secretaries of the Interior and
Commerce, see 50 CFR Chapter IV. Marine mammals listed as endangered or
threatened and subject to these regulations may also be subject to
additional requirements pursuant to the Marine Mammal Protection Act
(for regulations implementing that act, see 50 CFR part 216).
(c) No statute or regulation of any state shall be construed to
relieve a person from the restrictions, conditions, and requirements
contained in parts 222, 223, and 224 of this chapter. In addition,
nothing in parts 222, 223, and 224 of this chapter, including any permit
issued pursuant thereto, shall be construed to relieve a person from any
other requirements imposed by a statute or regulation of any state or of
the United States, including any applicable health, quarantine,
agricultural, or customs laws or regulations, or any other National
Marine Fisheries Service enforced statutes or regulations.
Sec. 222.102 Definitions.
Accelerator funnel means a device used to accelerate the flow of
water through a shrimp trawl net.
Act means the Endangered Species Act of 1973, as amended, 16 U.S.C.
1531 et seq.
Adequately covered means, with respect to species listed pursuant to
section 4 of the Act, that a proposed conservation plan has satisfied
the permit issuance criteria under section 10(a)(2)(B) of the Act for
the species covered by the plan and, with respect to unlisted species,
that a proposed conservation plan has satisfied the permit issuance
criteria under section 10(a)(2)(B) of the Act that would otherwise apply
if the unlisted species covered by the plan were actually listed. For
the Services to cover a species under a conservation plan, it must be
listed on the section 10(a)(1)(B) permit.
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Alaska Regional Administrator means the Regional Administrator for
the Alaska Region of the National Marine Fisheries Service, National
Oceanic and Atmospheric Administration, U.S. Department of Commerce, or
their authorized representative. Mail sent to the Alaska Regional
Administrator should be addressed: Alaska Regional Administrator, F/AK,
Alaska Regional Office, National Marine Fisheries Service, NOAA, P.O.
Box 21668 Juneau, AK 99802-1668.
Approved turtle excluder device (TED) means a device designed to be
installed in a trawl net forward of the cod end for the purpose of
excluding sea turtles from the net, as described in 50 CFR 223.207.
Assistant Administrator means the Assistant Administrator for
Fisheries of the National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, U.S. Department of Commerce, or his
authorized representative. Mail sent to the Assistant Administrator
should be addressed: Assistant Administrator for Fisheries, National
Marine Fisheries Service, NOAA, 1315 East-West Highway, Silver Spring,
MD 20910.
Atlantic Area means all waters of the Atlantic Ocean south of
36[deg]33[min]00.8[sec] N. lat. (the line of the North Carolina/Virginia
border) and adjacent seas, other than waters of the Gulf Area, and all
waters shoreward thereof (including ports).
Atlantic Shrimp Fishery--Sea Turtle Conservation Area (Atlantic
SFSTCA) means the inshore and offshore waters extending to 10 nautical
miles (18.5 km) offshore along the coast of the States of Georgia and
South Carolina from the Georgia-Florida border (defined as the line
along 30[deg]42[min]45.6[sec] N. lat.) to the North Carolina-South
Carolina border (defined as the line extending in a direction of
135[deg]34[min]55[sec] from true north from the North Carolina-South
Carolina land boundary, as marked by the border station on Bird Island
at 33[deg]51[min]07.9[sec] N. lat., 078[deg]32[min]32.6[sec] W. long.).
Authorized officer means:
(1) Any commissioned, warrant, or petty officer of the U.S. Coast
Guard;
(2) Any special agent or enforcement officer of the National Marine
Fisheries Service;
(3) Any officer designated by the head of a Federal or state agency
that has entered into an agreement with the Secretary or the Commandant
of the Coast Guard to enforce the provisions of the Act; or
(4) Any Coast Guard personnel accompanying and acting under the
direction of any person described in paragraph (1) of this definition.
Bait shrimper means a shrimp trawler that fishes for and retains its
shrimp catch alive for the purpose of selling it for use as bait.
Beam trawl means a trawl with a rigid frame surrounding the mouth
that is towed from a vessel by means of one or more cables or ropes.
Certificate of exemption means any document so designated by the
National Marine Fisheries Service and signed by an authorized official
of the National Marine Fisheries Service, including any document which
modifies, amends, extends or renews any certificate of exemption.
Changed circumstances means changes in circumstances affecting a
species or geographic area covered by a conservation plan that can
reasonably be anticipated by plan developers and NMFS and that can be
planned for (e.g., the listing of new species, or a fire or other
natural catastrophic event in areas prone to such events).
Commercial activity means all activities of industry and trade,
including, but not limited to, the buying or selling of commodities and
activities conducted for the purpose of facilitating such buying and
selling: Provided, however, that it does not include the exhibition of
commodities by museums or similar cultural or historical organizations.
Conservation plan means the plan required by section 10(a)(2)(A) of
the Act that an applicant must submit when applying for an incidental
take permit. Conservation plans also are known as ``habitat conservation
plans'' or ``HCPs.''
Conserved habitat areas means areas explicitly designated for
habitat restoration, acquisition, protection, or other conservation
purposes under a conservation plan.
Cooperative Agreement means an agreement between a state(s) and the
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National Marine Fisheries Service, NOAA, Department of Commerce, which
establishes and maintains an active and adequate program for the
conservation of resident species listed as endangered or threatened
pursuant to section 6(c)(1) of the Endangered Species Act.
Fishing, or to fish, means:
(1) The catching, taking, or harvesting of fish or wildlife;
(2) The attempted catching, taking, or harvesting of fish or
wildlife;
(3) Any other activity that can reasonably be expected to result in
the catching, taking, or harvesting of fish or wildlife; or
(4) Any operations on any waters in support of, or in preparation
for, any activity described in paragraphs (1) through (3) of this
definition.
Footrope means a weighted rope or cable attached to the lower lip
(bottom edge) of the mouth of a trawl net along the forward most
webbing.
Footrope length means the distance between the points at which the
ends of the footrope are attached to the trawl net, measured along the
forward-most webbing.
Foreign commerce includes, among other things, any transaction
between persons within one foreign country, or between persons in two or
more foreign countries, or between a person within the United States and
a person in one or more foreign countries, or between persons within the
United States, where the fish or wildlife in question are moving in any
country or countries outside the United States.
Four-seam, straight-wing trawl means a design of shrimp trawl in
which the main body of the trawl is formed from a top panel, a bottom
panel, and two side panels of webbing. The upper and lower edges of the
side panels of webbing are parallel over the entire length.
Four-seam, tapered-wing trawl means a design of shrimp trawl in
which the main body of the trawl is formed from a top panel, a bottom
panel, and two side panels of webbing. The upper and lower edges of the
side panels of webbing converge toward the rear of the trawl.
Gillnet means a panel of netting, suspended vertically in the water
by floats along the top and weights along the bottom, to entangle fish
that attempt to pass through it.
Gulf Area means all waters of the Gulf of Mexico west of 81[deg] W.
long. (the line at which the Gulf Area meets the Atlantic Area) and all
waters shoreward thereof (including ports).
Gulf Shrimp Fishery-Sea Turtle Conservation Area (Gulf SFSTCA) means
the offshore waters extending to 10 nautical miles (18.5 km) offshore
along the coast of the States of Texas and Louisiana from the South Pass
of the Mississippi River (west of 89[deg]08.5[min] W. long.) to the
U.S.-Mexican border.
Habitat restoration activity means an activity that has the sole
objective of restoring natural aquatic or riparian habitat conditions or
processes.
Harm in the definition of ``take'' in the Act means an act which
actually kills or injures fish or wildlife. Such an act may include
significant habitat modification or degradation which actually kills or
injures fish or wildlife by significantly impairing essential behavioral
patterns, including, breeding, spawning, rearing, migrating, feeding or
sheltering.
Headrope means a rope that is attached to the upper lip (top edge)
of the mouth of a trawl net along the forward-most webbing.
Headrope length means the distance between the points at which the
ends of the headrope are attached to the trawl net, measured along the
forward-most webbing.
Import means to land on, bring into, or introduce into, or attempt
to land on, bring into, or introduce into any place subject to the
jurisdiction of the United States, whether or not such landing,
bringing, or introduction constitutes an importation within the meaning
of the tariff laws of the United States.
Inshore means marine and tidal waters landward of the 72 COLREGS
demarcation line (International Regulations for Preventing Collisions at
Sea, 1972), as depicted or noted on nautical charts published by the
National Oceanic and Atmospheric Administration (Coast Charts, 1:80,000
scale) and as described in 33 CFR part 80.
Northeast Regional Administrator means the Regional Administrator
for the Northeast Region of the National
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Marine Fisheries Service, National Oceanic and Atmospheric
Administration, U.S. Department of Commerce, or their authorized
representative. Mail sent to the Northeast Regional Administrator should
be addressed: Northeast Regional Administrator, F/NE, Northeast Regional
Office, National Marine Fisheries Service, NOAA, One Blackburn Drive,
Gloucester, MA 01930-2298.
Northwest Regional Administrator means the Regional Administrator
for the Northwest Region of the National Marine Fisheries Service,
National Oceanic and Atmospheric Administration, U.S. Department of
Commerce, or their authorized representative. Mail sent to the Northwest
Regional Administrator should be addressed: Northwest Regional
Administrator, F/NW, Northwest Regional Office, National Marine
Fisheries Service, NOAA, 7600 Sand Point Way NE, Seattle, WA 98115-0070.
Office of Enforcement means the national fisheries enforcement
office of the National Marine Fisheries Service. Mail sent to the Office
of Enforcement should be addressed: Office of Enforcement, F/EN,
National Marine Fisheries Service, NOAA, 8484 Suite 415, Georgia Ave.,
Silver Spring, MD 20910.
Office of Protected Resources means the national program office of
the endangered species and marine mammal programs of the National Marine
Fisheries Service. Mail sent to the Office of Protected Resources should
be addressed: Office of Protected Resources, F/PR, National Marine
Fisheries Service, NOAA, 1315 East West Highway, Silver Spring, MD
20910.
Offshore means marine and tidal waters seaward of the 72 COLREGS
demarcation line (International Regulations for Preventing Collisions at
Sea, 1972), as depicted or noted on nautical charts published by the
National Oceanic and Atmospheric Administration (Coast Charts, 1:80,000
scale) and as described in 33 CFR part 80.
Operating conservation program means those conservation management
activities which are expressly agreed upon and described in a
Conservation Plan or its Implementing Agreement. These activities are to
be undertaken for the affected species when implementing an approved
Conservation Plan, including measures to respond to changed
circumstances.
Permit means any document so designated by the National Marine
Fisheries Service and signed by an authorized official of the National
Marine Fisheries Service, including any document which modifies, amends,
extends, or renews any permit.
Person means an individual, corporation, partnership, trust,
association, or any other private entity, or any officer, employee,
agent, department, or instrumentality of the Federal government of any
state or political subdivision thereof or of any foreign government.
Possession means the detention and control, or the manual or ideal
custody of anything that may be the subject of property, for one's use
and enjoyment, either as owner or as the proprietor of a qualified right
in it, and either held personally or by another who exercises it in
one's place and name. Possession includes the act or state of possessing
and that condition of facts under which persons can exercise their power
over a corporeal thing at their pleasure to the exclusion of all other
persons. Possession includes constructive possession that which means
not an actual but an assumed existence one claims to hold by virtue of
some title, without having actual custody.
Pound net leader means a long straight net that directs the fish
offshore towards the pound, an enclosure that captures the fish. Some
pound net leaders are all mesh, while others have stringers and mesh.
Stringers are vertical lines in a pound net leader that are spaced a
certain distance apart and are not crossed by horizontal lines to form
mesh. An offshore pound net leader refers to a leader with the inland
end set greater than 10 horizontal feet (3 m) from the mean low water
line. A nearshore pound net leader refers to a leader with the inland
end set 10 horizontal feet (3 m) or less from the mean low water line.
Pre-Act endangered species part means any sperm whale oil, including
derivatives and products thereof, which was lawfully held within the
United States on December 28, 1973, in the course of a commercial
activity; or any finished
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scrimshaw product, if such product or the raw material for such product
was lawfully held within the United States on December 28, 1973, in the
course of a commercial activity.
Properly implemented conservation plan means any conservation plan,
implementing agreement, or permit whose commitments and provisions have
been or are being fully implemented by the permittee.
Pusher-head trawl (chopsticks) means a trawl that is spread by two
poles suspended from the bow of the trawler in an inverted ``V''
configuration.
Resident species means, for purposes of entering into cooperative
agreements with any state pursuant to section 6(c) of the Act, a species
that exists in the wild in that state during any part of its life.
Right whale means, as used in Sec. 224.103(c), any whale that is a
member of the western North Atlantic population of the northern right
whale species (Eubalaena glacialis).
Roller trawl means a variety of beam trawl that is used, usually by
small vessels, for fishing over uneven or vegetated sea bottoms.
Scrimshaw product means any art form which involves the substantial
etching or engraving of designs upon, or the substantial carving of
figures, patterns, or designs from any bone or tooth of any marine
mammal of the order Cetacea. For purposes of this part, polishing or the
adding of minor superficial markings does not constitute substantial
etching, engraving, or carving.
Secretary means the Secretary of Commerce or an authorized
representative.
Shrimp means any species of marine shrimp (Order Crustacea) found in
the Atlantic Area or the Gulf Area, including, but not limited to:
(1) Brown shrimp (Penaeus aztecus).
(2) White shrimp (Penaeus setiferus).
(3) Pink shrimp (Penaeus duorarum).
(4) Rock shrimp (Sicyonia brevirostris).
(5) Royal red shrimp (Hymenopenaeus robustus).
(6) Seabob shrimp (Xiphopenaeus kroyeri).
Shrimp trawler means any vessel that is equipped with one or more
trawl nets and that is capable of, or used for, fishing for shrimp, or
whose on-board or landed catch of shrimp is more than 1 percent, by
weight, of all fish comprising its on-board or landed catch.
Skimmer trawl means a trawl that is fished along the side of the
vessel and is held open by a rigid frame and a lead weight. On its
outboard side, the trawl is held open by one side of the frame extending
downward and, on its inboard side, by a lead weight attached by cable or
rope to the bow of the vessel.
Southeast Regional Administrator means the Regional Administrator
for the Southeast Region of the National Marine Fisheries Service,
National Oceanic and Atmospheric Administration, U.S. Department of
Commerce, or their authorized representative. Mail sent to the Southeast
Regional Administrator should be addressed: Southeast Regional
Administrator, F/SE, Southeast Regional Office, National Marine
Fisheries Service, NOAA, 9721 Executive Center Drive N., St. Petersburg,
FL 33702-2432.
Southwest Regional Administrator means the Regional Administrator
for the Southwest Region of the National Marine Fisheries Service,
National Oceanic and Atmospheric Administration, U.S. Department of
Commerce, or their authorized representative. Mail sent to the Southwest
Regional Administrator should be addressed: Southwest Regional
Administrator, F/SW, Southwest Regional Office, National Marine
Fisheries Service, NOAA, 501 West Ocean Blvd, Suite 4200, Long Beach, CA
90802-4213.
Stretched mesh size means the distance between the centers of the
two opposite knots in the same mesh when pulled taut.
Summer flounder means the species Paralichthys dentatus.
Summer flounder fishery-sea turtle protection area means all
offshore waters, bounded on the north by a line along 37[deg]05[min] N.
lat. (Cape Charles, VA) and bounded on the south by a line extending in
a direction of 135[deg]34[min]55[sec] from true north from the North
Carolina-South Carolina land boundary, as marked by the border station
on Bird Island at 33[deg]51[min]07.9[sec] N. lat.,
078[deg]32[min]32.6[sec] W. long.(the North Carolina-South Carolina
border).
[[Page 86]]
Summer flounder trawler means any vessel that is equipped with one
or more bottom trawl nets and that is capable of, or used for, fishing
for flounder or whose on-board or landed catch of flounder is more than
100 lb (45.4 kg).
Take means to harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect.
Taper, in reference to the webbing used in trawls, means the angle
of a cut used to shape the webbing, expressed as the ratio between the
cuts that reduce the width of the webbing by cutting into the panel of
webbing through one row of twine (bar cuts) and the cuts that extend the
length of the panel of webbing by cutting straight aft through two
adjoining rows of twine (point cuts). For example, sequentially cutting
through the lengths of twine on opposite sides of a mesh, leaving an
uncut edge of twines all lying in the same line, produces a relatively
strong taper called ``all-bars''; making a sequence of 4-bar cuts
followed by 1-point cut produces a more gradual taper called ``4 bars to
1 point'' or ``4b1p''; similarly, making a sequence of 2-bar cuts
followed by 1-point cut produces a still more gradual taper called
``2b1p''; and making a sequence of cuts straight aft does not reduce the
width of the panel and is called a ``straight'' or ``all-points'' cut.
Taut means a condition in which there is no slack in the net
webbing.
Test net, or try net, means a net pulled for brief periods of time
just before, or during, deployment of the primary net(s) in order to
test for shrimp concentrations or determine fishing conditions (e.g.,
presence or absence of bottom debris, jellyfish, bycatch, seagrasses,
etc.).
Tongue means any piece of webbing along the top, center, leading
edge of a trawl, whether lying behind or ahead of the headrope, to which
a towing bridle can be attached for purposes of pulling the trawl net
and/or adjusting the shape of the trawl.
Transportation means to ship, convey, carry or transport by any
means whatever, and deliver or receive for such shipment, conveyance,
carriage, or transportation.
Triple-wing trawl means a trawl with a tongue on the top, center,
leading edge of the trawl and an additional tongue along the bottom,
center, leading edge of the trawl.
Two-seam trawl means a design of shrimp trawl in which the main body
of the trawl is formed from a top and a bottom panel of webbing that are
directly attached to each other down the sides of the trawl.
Underway with respect to a vessel, means that the vessel is not at
anchor, or made fast to the shore, or aground.
Unforeseen circumstances means changes in circumstances affecting a
species or geographic area covered by a conservation plan that could not
reasonably have been anticipated by plan developers and NMFS at the time
of the conservation plan's negotiation and development, and that result
in a substantial and adverse change in the status of the covered
species.
Vessel means a vehicle used, or capable of being used, as a means of
transportation on water which includes every description of watercraft,
including nondisplacement craft and seaplanes.
Vessel restricted in her ability to maneuver has the meaning
specified for this term at 33 U.S.C. 2003(g).
Wildlife means any member of the animal kingdom, including without
limitation any mammal, fish, bird (including any migratory,
nonmigratory, or endangered bird for which protection is also afforded
by treaty or other international agreement), amphibian, reptile,
mollusk, crustacean, arthropod or other invertebrate, and includes any
part, product, egg, or offspring thereof, or the dead body or parts
thereof.
Wing net (butterfly trawl) means a trawl that is fished along the
side of the vessel and that is held open by a four-sided, rigid frame
attached to the outrigger of the vessel.
[64 FR 14054, Mar. 23, 1999, as amended at 64 FR 60731, Nov. 8, 1999; 67
FR 13101, Mar. 21, 2002; 67 FR 41203, June 17, 2002; 67 FR 71899, Dec.
3, 2002; 68 FR 8467, Feb. 21, 2003; 68 FR 17562, Apr. 10, 2003; 69 FR
25011, May 5, 2004; 70 FR 1832, Jan. 11, 2005]
[[Page 87]]
Sec. 222.103 Federal/state cooperation in the conservation of endangered
and threatened species.
(a) Application for and renewal of cooperative agreements. (1) The
Assistant Administrator may enter into a Cooperative Agreement with any
state that establishes and maintains an active and adequate program for
the conservation of resident species listed as endangered or threatened.
In order for a state program to be deemed an adequate and active
program, the Assistant Administrator must find, and annually reconfirm
that the criteria of either sections 6(c)(1) (A) through (E) or sections
6(c)(1) (i) and (ii) of the Act have been satisfied.
(2) Following receipt of an application by a state for a Cooperative
Agreement with a copy of a proposed state program, and a determination
by the Assistant Administrator that the state program is adequate and
active, the Assistant Administrator shall enter into an Agreement with
the state.
(3) The Cooperative Agreement, as well as the Assistant
Administrator's finding upon which it is based, must be reconfirmed
annually to ensure that it reflects new laws, species lists, rules or
regulations, and programs and to demonstrate that it is still adequate
and active.
(b) Allocation and availability of funds. (1) The Assistant
Administrator shall allocate funds, appropriated for the purpose of
carrying out section 6 of the Act, to various states using the following
as the basis for the determination:
(i) The international commitments of the United States to protect
endangered or threatened species;
(ii) The readiness of a state to proceed with a conservation program
consistent with the objectives and purposes of the Act;
(iii) The number of federally listed endangered and threatened
species within a state;
(iv) The potential for restoring endangered and threatened species
within a state; and
(v) The relative urgency to initiate a program to restore and
protect an endangered or threatened species in terms of survival of the
species.
(2) Funds allocated to a state are available for obligation during
the fiscal year for which they are allocated and until the close of the
succeeding fiscal year. Obligation of allocated funds occurs when an
award or contract is signed by the Assistant Administrator.
(c) Financial assistance and payments. (1) A state must enter into a
Cooperative Agreement before financial assistance is approved by the
Assistant Administrator for endangered or threatened species projects.
Specifically, the Agreement must contain the actions that are to be
taken by the Assistant Administrator and/or by the state, the benefits
to listed species expected to be derived from these actions, and the
estimated cost of these actions.
(2) Subsequent to such Agreement, the Assistant Administrator may
further agree with a state to provide financial assistance in the
development and implementation of acceptable projects for the
conservation of endangered and threatened species. Documents to provide
financial assistance will consist of an application for Federal
assistance and an award or a contract. The availability of Federal funds
shall be contingent upon the continued existence of the Cooperative
Agreement and compliance with all applicable Federal regulations for
grant administration and cost accounting principles.
(3)(i) The payment of the Federal share of costs incurred when
conducting activities included under a contract or award shall not
exceed 75 percent of the program costs as stated in the agreement.
However, the Federal share may be increased to 90 percent when two or
more states having a common interest in one or more endangered or
threatened resident species, the conservation of which may be enhanced
by cooperation of such states, jointly enter into an agreement with the
Assistant Administrator.
(ii) The state share of program costs may be in the form of cash or
in-kind contributions, including real property, subject to applicable
Federal regulations.
[[Page 88]]
(4) Payments of funds, including payment of such preliminary costs
and expenses as may be incurred in connection with projects, shall not
be made unless all necessary or required documents are first submitted
to and approved by the Assistant Administrator. Payments shall only be
made for expenditures reported and certified by the state agency.
Payments shall be made only to the state office or official designated
by the state agency and authorized under the laws of the state to
receive public funds for the state.
Subpart B_Certificates of Exemption for Pre-Act Endangered Species Parts
Sec. 222.201 General requirements.
(a) The Assistant Administrator may exempt any pre-Act endangered
species part from the prohibitions of sections 9(a)(1)(A), 9(a)(1)(E),
or 9(a)(1)(F) of the Act.
(1) No person shall engage in any activities identified in such
sections of the Act that involve any pre-Act endangered species part
without a valid Certificate of Exemption issued pursuant to this subpart
B.
(2) No person may export, deliver, receive, carry, transport or ship
in interstate or foreign commerce in the course of a commercial
activity; or sell or offer for sale in interstate or foreign commerce
any pre-Act finished scrimshaw product unless that person has been
issued a valid Certificate of Exemption and the product or the raw
material for such product was held by such certificate holder on October
13, 1982.
(3) Any person engaged in activities otherwise prohibited under the
Act or regulations shall bear the burden of proving that the exemption
or certificate is applicable, was granted, and was valid and in force at
the time of the otherwise prohibited activity.
(b) Certificates of Exemption issued under this subpart are no
longer available to new applicants. However, the Assistant Administrator
may renew or modify existing Certificates of Exemptions as authorized by
the provisions set forth in this subpart.
(c) Any person granted a Certificate of Exemption, including a
renewal, under this subpart, upon a sale of any exempted pre-Act
endangered species part, must provide the purchaser in writing with a
description (including full identification number) of the part sold and
must inform the purchaser in writing of the purchaser's obligation under
paragraph (b) of this section, including the address given in the
certificate to which the purchaser's report is to be sent.
(d) Any purchaser of pre-Act endangered species parts included in a
valid Certificate of Exemption, unless an ultimate user, within 30 days
after the receipt of such parts, must submit a written report to the
address given in the certificate. The report must specify the quantity
of such parts or products received, the name and address of the seller,
a copy of the invoice or other document showing the serial numbers,
weight, and descriptions of the parts or products received, the date on
which such parts or products were received, and the intended use of such
parts by the purchaser. The term ``ultimate user'', for purposes of this
paragraph, means any person who acquired such endangered species part or
product for his or her own consumption or for other personal use
(including gifts) and not for resale.
Sec. 222.202 Certificate renewal.
(a) Any person to whom a Certificate of Exemption has been issued by
the National Marine Fisheries Service may apply to the Assistant
Administrator for renewal of such certificate. Any person holding a
valid Certificate of Exemption which was renewed after October 13, 1982,
and was in effect on March 31, 1988, may apply to the Secretary for one
renewal for a period not to exceed 5 years.
(b) The sufficiency of the application shall be determined by the
Assistant Administrator in accordance with the requirements of paragraph
(c) of this section. At least 15 days should be allowed for processing.
When an application for a renewal has been received and deemed
sufficient, the Assistant Administrator shall issue a Certificate of
Renewal to the applicant as soon as practicable.
(c) The following information will be used as the basis for
determining
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whether an application for renewal of a Certificate of Exemption is
complete:
(1) Title: Application for Renewal of Certificate of Exemption.
(2) The date of application.
(3) The identity of the applicant, including complete name, original
Certificate of Exemption number, current address, and telephone number.
If the applicant is a corporation, partnership, or association, set
forth the details.
(4) The period of time for which a renewal of the Certificate of
Exemption is requested. However, no renewal of Certificate of Exemption,
or right claimed thereunder, shall be effective after the close of the
5-year period beginning on the date of the expiration of the previous
renewal of the certificate of exemption.
(5)(i) A complete and detailed updated inventory of all pre-Act
endangered species parts for which the applicant seeks exemption. Each
item on the inventory must be identified by the following information: A
unique serial number; the weight of the item to the nearest whole gram;
and a detailed description sufficient to permit ready identification of
the item. Small lots, not exceeding five pounds (2,270 grams), of scraps
or raw material, which may include or consist of one or more whole raw
whale teeth, may be identified by a single serial number and total
weight. All finished scrimshaw items subsequently made from a given lot
of scrap may be identified by the lot serial number plus additional
digits to signify the piece number of the individual finished item.
Identification numbers will be in the following format: 00-000000-0000.
The first two digits will be the last two digits of the appropriate
certificate of exemption number; the next six digits, the serial number
of the individual piece or lot of scrap or raw material; and the last
four digits, where applicable, the piece number of an item made from a
lot of scrap or raw material. The serial numbers for each certificate
holder's inventory must begin with 000001, and piece numbers, where
applicable, must begin with 0001 for each separate lot.
(ii) Identification numbers may be affixed to inventory items by any
means, including, but not limited to, etching the number into the item,
attaching a label or tag bearing the number to the item, or sealing the
item in a plastic bag, wrapper or other container bearing the number.
The number must remain affixed to the item until the item is sold to an
ultimate user, as defined in Sec. 222.201(d).
(iii) No renewals will be issued for scrimshaw products in excess of
any quantities declared in the original application for a Certificate of
Exemption.
(6) A Certification in the following language: I hereby certify that
the foregoing information is complete, true, and correct to the best of
my knowledge and belief. I understand that this information is submitted
for the purpose of obtaining a renewal of my Certificate of Exemption
under the Endangered Species Act, as amended, and the Department of
Commerce regulations issued thereunder, and that any false statement may
subject me to the criminal penalties of 18 U.S.C. 1001, or to the
penalties under the Act.
(7) Signature of the applicant.
(d) Upon receipt of an incomplete or improperly executed application
for renewal, the applicant shall be notified of the deficiency in the
application for renewal. If the application for renewal is not corrected
and received by the Assistant Administrator within 30 days following the
date of receipt of notification, the application for renewal shall be
considered abandoned.
Sec. 222.203 Modification, amendment, suspension, and revocation of
certificates.
(a) When circumstances have changed so that an applicant or
certificate holder desires to have any material, term, or condition of
the application or certificate modified, the applicant or certificate
holder must submit in writing full justification and supporting
information in conformance with the provisions of this part.
(b) All certificates are issued subject to the condition that the
Assistant Administrator reserves the right to amend the provisions of a
Certificate of Exemption for just cause at any time. Such amendments
take effect on the date of notification, unless otherwise specified.
[[Page 90]]
(c) Any violation of the applicable provisions of parts 222, 223, or
224 of this chapter, or of the Act, or of a condition of the certificate
may subject the certificate holder to penalties provided in the Act and
to suspension, revocation, or modification of the Certificate of
Exemption, as provided in subpart D of 15 CFR part 904.
Sec. 222.204 Administration of certificates.
(a) The Certificate of Exemption covers the business or activity
specified in the Certificate of Exemption at the address described
therein. No Certificate of Exemption is required to cover a separate
warehouse facility used by the certificate holder solely for storage of
pre-Act endangered species parts, if the records required by this
subpart are maintained at the address specified in the Certificate of
Exemption served by the warehouse or storage facility.
(b) Certificates of Exemption issued under this subpart are not
transferable. However, in the event of the lease, sale, or other
transfer of the operations or activity authorized by the Certificate of
Exemption, the successor is not required to obtain a new Certificate of
Exemption prior to commencing such operations or activity. In such case,
the successor will be treated as a purchaser and must comply with the
record and reporting requirements set forth in Sec. 222.201(d).
(c) The Certificate of Exemption holder must notify the Assistant
Administrator, in writing, of any change in address, in trade name of
the business, or in activity specified in the certificate. The Assistant
Administrator must be notified within 10 days of a change of address,
and within 30 days of a change in trade name. The certificate with the
change of address or in trade name must be endorsed by the Assistant
Administrator, who shall provide an amended certificate to the person to
whom it was issued. A certificate holder who seeks amendment of a
certificate may continue all authorized activities while awaiting action
by the Assistant Administrator.
(d) A Certificate of Exemption issued under this subpart confers no
right or privilege to conduct a business or an activity contrary to
state or other law. Similarly, compliance with the provisions of any
state or other law affords no immunity under any Federal laws or
regulations of any other Federal agency.
(e) Any person authorized to enforce the Act may enter the premises
of any Certificate of Exemption holder or of any purchaser during
business hours, including places of storage, for the purpose of
inspecting or of examining any records or documents and any endangered
species parts.
(f) The records pertaining to pre-Act endangered species parts
prescribed by this subpart shall be in permanent form and shall be
retained at the address shown on the Certificate of Exemption or at the
principal address of a purchaser in the manner prescribed by this
subpart.
(g)(1) Holders of Certificates of Exemption must maintain records of
all pre-Act endangered species parts they receive, sell, transfer,
distribute or dispose of otherwise. Purchasers of pre-Act endangered
species parts, unless ultimate users, as defined in Sec. 222.201(d),
must similarly maintain records of all such parts or products they
receive.
(2) Such records referred to in paragraph (g)(1) of this section may
consist of invoices or other commercial records, which must be filed in
an orderly manner separate from other commercial records maintained and
be readily available for inspection. Such records must show the name and
address of the purchaser, seller, or other transferor; show the type,
quantity, and identity of the part or product; show the date of such
sale or transfer; and be retained, in accordance with the requirements
of this subpart, for a period of not less than 3 years following the
date of sale or transfer. Each pre-Act endangered species part will be
identified by its number on the updated inventory required to renew a
Certificate of Exemption.
(i) Each Certificate of Exemption holder must submit a quarterly
report (to the address given in the certificate) containing all record
information required by paragraph (g)(2) of this section, on all
transfers of pre-Act endangered species parts made in the previous
calendar quarter, or such other
[[Page 91]]
record information the Assistant Administrator may specify from time to
time.
(ii) Quarterly reports are due on January 15, April 15, July 15, and
October 15.
(3) The Assistant Administrator may authorize the record information
to be submitted in a manner other than that prescribed in paragraph
(g)(2) of this section when the record holder demonstrates that an
alternate method of reporting is reasonably necessary and will not
hinder the effective administration or enforcement of this subpart.
Sec. 222.205 Import and export requirements.
(a) Any fish and wildlife subject to the jurisdiction of the
National Marine Fisheries Service and is intended for importation into
or exportation from the United States, shall not be imported or exported
except at a port(s) designated by the Secretary of the Interior.
Shellfish and fishery products that are neither endangered nor
threatened species and that are imported for purposes of human or animal
consumption or taken in waters under the jurisdiction of the United
States or on the high seas for recreational purposes are excluded from
this requirement. The Secretary of the Interior may permit the
importation or exportation at nondesignated ports in the interest of the
health or safety of the species for other reasons if the Secretary deems
it appropriate and consistent with the purpose of facilitating
enforcement of the Act and reducing the costs thereof. Importers and
exporters are advised to see 50 CFR part 14 for importation and
exportation requirements and information.
(b) No pre-Act endangered species part shall be imported into the
United States. A Certificate of Exemption issued in accordance with the
provisions of this subpart confers no right or privilege to import into
the United States any such part.
(c)(1) Any person exporting from the United States any pre-Act
endangered species part must possess a valid Certificate of Exemption
issued in accordance with the provisions of this subpart. In addition,
the exporter must provide to the Assistant Administrator, in writing,
not less than 10 days prior to shipment, the following information: The
name and address of the foreign consignee, the intended port of
exportation, and a complete description of the parts to be exported. No
shipment may be made until these requirements are met by the exporter.
(2) The exporter must send a copy of the Certificate of Exemption,
and any endorsements thereto, to the District Director of Customs at the
port of exportation, which must precede or accompany the shipment in
order to permit the appropriate inspection prior to lading. Upon
receipt, the District Director may order such inspection, as deemed
necessary; the District will clear the merchandise for export, prior to
the lading of the merchandise. If they are satisfied that the shipment
is proper and complies with the information contained in the certificate
and any endorsement thereto. The certificate, and any endorsements, will
be forwarded to the Chief of the Office of Enforcement for NMFS.
(3) No pre-Act endangered species part in compliance with the
requirements of this subpart may be exported except at a port or ports
designated by the Secretary of the Interior, pursuant to Sec. 222.103.
(4) Notwithstanding any provision of this subpart, it shall not be
required that the Assistant Administrator authorizes the transportation
in interstate or foreign commerce of pre-Act endangered species parts.
Effective Date Note: At 64 FR 14054, Mar. 23, 1999, part 222 was
revised, effective Mar. 23, 1999, with the exception of Sec. 222.205,
paragraphs (c)(1) and (2), which contain information collection and
recordkeeping requirements and will not become effective until approval
has been given by the Office of Management and Budget.
Subpart C_General Permit Procedures
Sec. 222.301 General requirements.
(a)(1) The regulations in this subpart C provide uniform rules and
procedures for application, issuance, renewal, conditions, and general
administration of permits issuable pursuant to parts 222, 223, and 224
of this chapter. While this
[[Page 92]]
section provides generic rules and procedures applicable to all permits,
other sections may provide more specific rules and procedures with
respect to certain types of permits. In such cases, the requirements in
all applicable sections must be satisfied.
(2) Notwithstanding paragraph (a)(1) of this section, the Assistant
Administrator may approve variations from the requirements of parts 222,
223, and 224 of this chapter when the Assistant Administrator finds that
an emergency exists and that the proposed variations will not hinder
effective administration of those parts and will not be unlawful. Other
sections within parts 222, 223, and 224 of this chapter may allow for a
waiver or variation of specific requirements for emergency situations,
upon certain conditions. In such cases, those conditions must be
satisfied in order for the waiver or variation to be lawful.
(b) No person shall take, import, export or engage in any other
prohibited activity involving any species of fish or wildlife under the
jurisdiction of the Secretary of Commerce that has been determined to be
endangered under the Act, or that has been determined to be threatened
and for which the prohibitions of section 9(a)(1) of the Act have been
applied by regulation, without a valid permit issued pursuant to these
regulations. The permit shall entitle the person to whom it is issued to
engage in the activity specified in the permit, subject to the
limitations of the Act and the regulations in parts 222, 223, and 224 of
this chapter, for the period stated on the permit, unless sooner
modified, suspended or revoked.
(c) Each person intending to engage in an activity for which a
permit is required by parts 222, 223, and 224 of this chapter or by the
Act shall, before commencing such activity, obtain a valid permit
authorizing such activity. Any person who desires to obtain permit
privileges authorized by parts 222, 223, and 224 of this chapter must
apply for such permit in accordance with the requirements of these
sections. If the information required for each specific, permitted
activity is included, one application may be accepted for all permits
required, and a single permit may be issued.
(d)(1) Any permit issued under these regulations must be in the
possession of the person to whom it is issued (or of an agent of such
person) while any animal subject to the permit is in the possession of
such person or agent. Specifically, a person or his/her agent must be in
possession of a permit during the time of the authorized taking,
importation, exportation, or of any other act and during the period of
any transit incident to such taking, importation, exportation, or to any
other act.
(2) A duplicate copy of the issued permit must be physically
attached to the tank, container, package, enclosure, or other means of
containment, in which the animal is placed for purposes of storage,
transit, supervision, or care.
(e) The authorizations on the face of a permit setting forth
specific times, dates, places, methods of taking, numbers and kinds of
fish or wildlife, location of activity, authorize certain circumscribed
transactions, or otherwise permit a specifically limited matter, are to
be strictly construed and shall not be interpreted to permit similar or
related matters outside the scope of strict construction.
(f) Permits shall not be altered, erased, or mutilated, and any
permit which has been altered, erased, or mutilated shall immediately
become invalid.
(g) Any permit issued under parts 222, 223, and 224 of this chapter
shall be displayed for inspection, upon request, to an authorized
officer, or to any other person relying upon its existence.
(h) Permittees may be required to file reports of the activities
conducted under the permit. Any such reports shall be filed not later
than March 31 for the preceding calendar year ending December 31, or any
portion thereof, during which a permit was in force, unless the
regulations of parts 222, 223, or 224 of this chapter or the provisions
of the permit set forth other reporting requirements.
(i) From the date of issuance of the permit, the permittee shall
maintain complete and accurate records of any taking, possession,
transportation, sale, purchase, barter, exportation, or importation of
fish or wildlife pursuant to such permit. Such records shall be
[[Page 93]]
kept current and shall include the names and addresses of persons with
whom any fish or wildlife has been purchased, sold, bartered, or
otherwise transferred, and the date of such transaction, and such other
information as may be required or appropriate. Such records, unless
otherwise specified, shall be entered in books, legibly written in the
English language. Such records shall be retained for 5 years from the
date of issuance of the permit.
(j) Any person holding a permit pursuant to parts 222, 223, and 224
of this chapter shall allow the Assistant Administrator to enter the
permit holder's premises at any reasonable hour to inspect any fish or
wildlife held or to inspect, audit, or copy any permits, books, or
records required to be kept by these regulations or by the Act. Such
person shall display any permit issued pursuant to these regulations or
to the Act upon request by an authorized officer or by any other person
relying on its existence.
Sec. 222.302 Procedure for obtaining permits.
(a) Applications must be submitted to the Assistant Administrator,
by letter containing all necessary information, attachments,
certification, and signature, as specified by the regulations in parts
222, 223, and 224 of this chapter, or by the Act. In no case, other than
for emergencies pursuant to Sec. 222.301(a)(2), will applications be
accepted either orally or by telephone.
(b) Applications must be received by the Assistant Administrator at
least 90 calendar days prior to the date on which the applicant desires
to have the permit made effective, unless otherwise specified in the
regulations or guidelines pertaining to a particular permit. The
National Marine Fisheries Service will attempt to process applications
deemed sufficient in the shortest possible time, but does not guarantee
that the permit will be issued 90 days after notice of receipt of the
application is published in the Federal Register.
(c)(1) Upon receipt of an insufficiently or improperly executed
application, the applicant shall be notified of the deficiency in the
application. If the applicant fails to supply the deficient information
or otherwise fails to correct the deficiency within 60 days following
the date of notification, the application shall be considered abandoned.
(2) The sufficiency of the application shall be determined by the
Assistant Administrator in accordance with the requirements of this
part. The Assistant Administrator, however, may waive any requirement
for information or require any elaboration or further information deemed
necessary.
Sec. 222.303 Issuance of permits.
(a)(1) No permit may be issued prior to the receipt of a written
application unless an emergency pursuant to Sec. 222.301(a)(2) exists,
and a written variation from the requirements is recorded by the
National Marine Fisheries Service.
(2) No representation of an employee or agent of the United States
shall be construed as a permit unless it meets the requirements of a
permit defined in Sec. 222.102.
(3) Each permit shall bear a serial number. Upon renewal, such a
number may be reassigned to the permittee to whom issued so long as the
permittee maintains continuity of renewal.
(b) When an application for a permit received by the Assistant
Administrator is deemed sufficient, the Assistant Administrator shall,
as soon as practicable, publish a notice in the Federal Register.
Information received by the Assistant Administrator as a part of the
application shall be available to the public as a matter of public
record at every stage of the proceeding. An interested party, within 30
days after the date of publication of such notice, may submit to the
Assistant Administrator written data, views, or arguments with respect
to the taking, importation, or to other action proposed in the
application, and may request a hearing in connection with the action to
be taken thereon.
(c) If a request for a hearing is made within the 30-day period
referred to in paragraph (b) of this section, or if the Assistant
Administrator determines that a hearing would otherwise be advisable,
the Assistant Administrator may, within 60 days after the date of
publication of the notice referred to in
[[Page 94]]
paragraph (b) of this section, afford to such requesting party or
parties an opportunity for a hearing. Such hearing shall also be open to
participation by any interested members of the public. Notice of the
date, time, and place of such hearing shall be published in the Federal
Register not less than 15 days in advance of such hearing. Any
interested person may appear at the hearing in person or through a
representative and may submit any relevant material, data, views,
comments, arguments, or exhibits. A summary record of the hearing shall
be kept.
(d) Except as provided in subpart D to 15 CFR part 904, as soon as
practicable but not later than 30 days after the close of the hearing.
If no hearing is held, as soon as practicable but not later than 30 days
from the publication of the notice in the Federal Register, the
Assistant Administrator shall issue or deny issuance of the permit.
Notice of the decision of the Assistant Administrator shall be published
in the Federal Register within 10 days after the date of the issuance or
denial and indicate where copies of the permit, if issued, may be
obtained.
(e)(1) The Assistant Administrator shall issue the permit unless:
(i) Denial of the permit has been made pursuant to subpart D to 15
CFR part 904;
(ii) The applicant has failed to disclose material or information
required, or has made false statements as to any material fact, in
connection with the application;
(iii) The applicant has failed to demonstrate a valid justification
for the permit or a showing of responsibility;
(iv) The authorization requested potentially threatens a fish or
wildlife population; or
(v) The Assistant Administrator finds through further inquiry or
investigation, or otherwise, that the applicant is not qualified.
(2) The applicant shall be notified in writing of the denial of any
permit request, and the reasons thereof. If authorized in the notice of
denial, the applicant may submit further information or reasons why the
permit should not be denied. Such further information shall not be
considered a new application. The final action by the Assistant
Administrator shall be considered the final administrative decision of
the Department of Commerce.
(f) If a permit is issued under Sec. 222.308, the Assistant
Administrator shall publish notice thereof in the Federal Register,
including the Assistant Administrator's finding that such permit--
(1) Was applied for in good faith;
(2) Will not operate to the disadvantage of such endangered species;
and
(3) Will be consistent with the purposes and policy set forth in
section 2 of the Act.
(g) The Assistant Administrator may waive the 30-day period in an
emergency situation where the health or life of an endangered animal is
threatened and no reasonable alternative is available to the applicant.
Notice of any such waiver shall be published by the Assistant
Administrator in the Federal Register within 10 days following the
issuance of the permit.
Sec. 222.304 Renewal of permits.
When the permit is renewable and a permittee intends to continue the
activity described in the permit during any portion of the year ensuing
its expiration, the permittee shall, unless otherwise notified in
writing by the Assistant Administrator, file a request for permit
renewal, together with a certified statement, verifying that the
information in the original application is still currently correct. If
the information is incorrect the permittee shall file a statement of all
changes in the original application, accompanied by any required fee at
least 30 days prior to the expiration of the permit. Any person holding
a valid renewable permit, who has complied with the foregoing provision
of this section, may continue such activities as were authorized by the
expired permit until the renewal application is acted upon.
Sec. 222.305 Rights of succession and transfer of permits.
(a)(1) Except as otherwise provided in this section, permits issued
pursuant to parts 222, 223, and 224 of this chapter are not transferable
or assignable. In the event that a permit authorizes certain business
activities in connection
[[Page 95]]
with a business or commercial enterprise, which is then subject to any
subsequent lease, sale or transfer, the successor to that enterprise
must obtain a permit prior to continuing the permitted activity, with
the exceptions provided in paragraphs (a)(2) and (a)(3) of this section.
(2) Certain persons, other than the permittee, are granted the right
to carry on a permitted activity for the remainder of the term of a
current permit, provided that they furnish the permit to the issuing
officer for endorsement within 90 days from the date the successor
begins to carry on the activity. Such persons are the following:
(i) The surviving spouse, child, executor, administrator, or other
legal representative of a deceased permittee, and
(ii) The receiver or trustee in bankruptcy or a court designated
assignee for the benefit of creditors.
(3) Incidental take permits issued under Sec. 222.307, and
enhancement permits issued under Sec. 222.308, as part of a Safe Harbor
Agreement with Assurances or Candidate Conservation Agreement with
Assurances, may be transferred in whole or in part through a joint
submission by the permittee and the proposed transferee, or in the case
of a deceased permittee, the deceased permittee's legal representative
and the proposed transferee, provided NMFS determines in writing that:
(i) The proposed transferee meets all of the qualifications under
parts 222, 223, or 224 (as applicable) for holding a permit;
(ii) The proposed transferee has provided adequate written
assurances that it will provide sufficient funding for the conservation
plan or other agreement or plan associated with the permit and will
implement the relevant terms and conditions of the permit, including any
outstanding minimization and mitigation requirements; and
(iii) The proposed transferee has provided such other information as
NMFS determines is relevant to process the transfer.
(b) Except as otherwise stated on the face of the permit, any person
who is under the direct control of the permittee, or who is employed by
or under contract to the permittee for purposes authorized by the
permit, may carry out the activity authorized by the permit.
Effective Date Note: At 64 FR 14054, Mar. 23, 1999, part 222 was
revised, effective Mar. 23, 1999, with the exception of Sec. 222.305,
paragraph (a), which contains information collection and recordkeeping
requirements and will not become effective until approval has been given
by the Office of Management and Budget.
[64 FR 14054, Mar. 23, 1999, as amended at 67 FR 57973, Sept. 13, 2002]
Sec. 222.306 Modification, amendment, suspension, cancellation, and
revocation of permits.
(a) When circumstances have changed so that an applicant or a
permittee desires to have any term or condition of the application or
permit modified, the applicant or permittee must submit in writing full
justification and supporting information in conformance with the
provisions of this part and the part under which the permit has been
issued or requested. Such applications for modification are subject to
the same issuance criteria as original applications.
(b) Notwithstanding the requirements of paragraph (a) of this
section, a permittee may change the mailing address or trade name under
which business is conducted without obtaining a new permit or being
subject to the same issuance criteria as original permits. The permittee
must notify the Assistant Administrator, in writing within 30 days, of
any change in address or of any change in the trade name for the
business or activity specified in the permit. The permit with the change
of address or in trade name must be endorsed by the Assistant
Administrator, who shall provide an amended permit to the person to whom
it was issued.
(c) All permits are issued subject to the condition that the
National Marine Fisheries Service reserves the right to amend the
provisions of a permit for just cause at any time during its term. Such
amendments take effect on the date of notification, unless otherwise
specified.
(d) When any permittee discontinues the permitted activity, the
permittee shall, within 30 days thereof, mail the
[[Page 96]]
permit and a request for cancellation to the issuing officer, and the
permit shall be deemed void upon receipt. No refund of any part of an
amount paid as a permit fee shall be made when the operations of the
permittee are, for any reason, discontinued during the tenure of an
issued permit.
(e) Any violation of the applicable provisions of parts 222, 223, or
224 of this chapter, or of the Act, or of a term or condition of the
permit may subject the permittee to both the penalties provided in the
Act and suspension, revocation, or amendment of the permit, as provided
in subpart D to 15 CFR part 904.
Sec. 222.307 Permits for incidental taking of species.
(a) Scope. (1) The Assistant Administrator may issue permits to take
endangered and threatened species incidentally to an otherwise lawful
activity under section 10(a)(1)(B) of the Act. The regulations in this
section apply to all endangered species, and those threatened species
for which the prohibitions of section 9(a)(1) of the Act, under the
jurisdiction of the Secretary of Commerce, apply.
(2) If the applicant represents an individual or a single entity,
such as a corporation, the Assistant Administrator will issue an
individual incidental take permit. If the applicant represents a group
or organization whose members conduct the same or a similar activity in
the same geographical area with similar impacts on listed species for
which a permit is required, the Assistant Administrator will issue a
general incidental take permit. To be covered by a general incidental
take permit, each individual conducting the activity must have a
certificate of inclusion issued under paragraph (f) of this section.
(b) Permit application procedures. Applications should be sent to
the Assistant Administrator. The Assistant Administrator shall determine
the sufficiency of the application in accordance with the requirements
of this section. At least 120 days should be allowed for processing.
Each application must be signed and dated and must include the
following:
(1) The type of application, either:
(i) Application for an Individual Incidental Take Permit under the
Act; or
(ii) Application for a General Incidental Take Permit under the Act;
(2) The name, address, and telephone number of the applicant. If the
applicant is a partnership or a corporate entity or is representing a
group or an organization, the applicable details;
(3) The species or stocks, by common and scientific name, and a
description of the status, distribution, seasonal distribution, habitat
needs, feeding habits and other biological requirements of the affected
species or stocks;
(4) A detailed description of the proposed activity, including the
anticipated dates, duration, and specific location. If the request is
for a general incidental take permit, an estimate of the total level of
activity expected to be conducted;
(5) A conservation plan, based on the best scientific and commercial
data available, which specifies the following:
(i) The anticipated impact (i.e., amount, extent, and type of
anticipated taking) of the proposed activity on the species or stocks;
(ii) The anticipated impact of the proposed activity on the habitat
of the species or stocks and the likelihood of restoration of the
affected habitat;
(iii) The steps (specialized equipment, methods of conducting
activities, or other means) that will be taken to monitor, minimize, and
mitigate such impacts, and the funding available to implement such
measures;
(iv) The alternative actions to such taking that were considered and
the reasons why those alternatives are not being used; and
(v) A list of all sources of data used in preparation of the plan,
including reference reports, environmental assessments and impact
statements, and personal communications with recognized experts on the
species or activity who may have access to data not published in current
literature.
(c) Issuance criteria. (1) In determining whether to issue a permit,
the Assistant Administrator will consider the following:
(i) The status of the affected species or stocks;
[[Page 97]]
(ii) The potential severity of direct, indirect, and cumulative
impacts on the species or stocks and habitat as a result of the proposed
activity;
(iii) The availability of effective monitoring techniques;
(iv) The use of the best available technology for minimizing or
mitigating impacts; and
(v) The views of the public, scientists, and other interested
parties knowledgeable of the species or stocks or other matters related
to the application.
(2) To issue the permit, the Assistant Administrator must find
that--
(i) The taking will be incidental;
(ii) The applicant will, to the maximum extent practicable, monitor,
minimize, and mitigate the impacts of such taking;
(iii) The taking will not appreciably reduce the likelihood of the
survival and recovery of the species in the wild;
(iv) The applicant has amended the conservation plan to include any
measures (not originally proposed by the applicant) that the Assistant
Administrator determines are necessary or appropriate; and
(v) There are adequate assurances that the conservation plan will be
funded and implemented, including any measures required by the Assistant
Administrator.
(d) Permit conditions. In addition to the general conditions set
forth in this part, every permit issued under this section will contain
such terms and conditions as the Assistant Administrator deems necessary
and appropriate, including, but not limited to the following:
(1) Reporting requirements or rights of inspection for determining
whether the terms and conditions are being complied with;
(2) The species and number of animals covered;
(3) The authorized method of taking;
(4) The procedures to be used to handle or dispose of any animals
taken; and
(5) The payment of an adequate fee to the National Marine Fisheries
Service to process the application.
(e) Duration of permits. The duration of permits issued under this
section will be such as to provide adequate assurances to the permit
holder to commit funding necessary for the activities authorized by the
permit, including conservation activities. In determining the duration
of a permit, the Assistant Administrator will consider the duration of
the proposed activities, as well as the possible positive and negative
effects on listed species associated with issuing a permit of the
proposed duration, including the extent to which the conservation plan
is likely to enhance the habitat of the endangered species or to
increase the long-term survivability of the species.
(f) Certificates of inclusion. (1) Any individual who wishes to
conduct an activity covered by a general incidental take permit must
apply to the Assistant Administrator for a Certificate of Inclusion.
Each application must be signed and dated and must include the
following:
(i) The general incidental take permit under which the applicant
wants coverage;
(ii) The name, address, and telephone number of the applicant. If
the applicant is a partnership or a corporate entity, the applicable
details;
(iii) A description of the activity the applicant seeks to have
covered under the general incidental take permit, including the
anticipated dates, duration, and specific location; and
(iv) A signed certification that the applicant has read and
understands the general incidental take permit and the conservation
plan, will comply with their terms and conditions, and will fund and
implement applicable measures of the conservation plan.
(2) To issue a Certificate of Inclusion, the Assistant Administrator
must find that:
(i) The applicant will be engaged in the activity covered by the
general permit, and
(ii) The applicant has made adequate assurances that the applicable
measures of the conservation plan will be funded and implemented.
(g) Assurances provided to permittee in case of changed or
unforeseen circumstances. The assurances in this paragraph (g) apply
only to incidental take permits issued in accordance with paragraph (c)
of this section where the
[[Page 98]]
conservation plan is being properly implemented, and apply only with
respect to species adequately covered by the conservation plan. These
assurances cannot be provided to Federal agencies. This rule does not
apply to incidental take permits issued prior to March 25, 1998. The
assurances provided in incidental take permits issued prior to March 25,
1998, remain in effect, and those permits will not be revised as a
result of this rulemaking.
(1) Changed circumstances provided for in the plan. If additional
conservation and mitigation measures are deemed necessary to respond to
changed circumstances and were provided for in the plan's operating
conservation program, the permittee will implement the measures
specified in the plan.
(2) Changed circumstances not provided for in the plan. If
additional conservation and mitigation measures are deemed necessary to
respond to changed circumstances and such measures were not provided for
in the plan's operating conservation program, NMFS will not require any
conservation and mitigation measures in addition to those provided for
in the plan without the consent of the permittee, provided the plan is
being properly implemented.
(3) Unforeseen circumstances. (i) In negotiating unforeseen
circumstances, NMFS will not require the commitment of additional land,
water, or financial compensation or additional restrictions on the use
of land, water, or other natural resources beyond the level otherwise
agreed upon for the species covered by the conservation plan without the
consent of the permittee.
(ii) If additional conservation and mitigation measures are deemed
necessary to respond to unforeseen circumstances, NMFS may require
additional measures of the permittee where the conservation plan is
being properly implemented. However, such additional measures are
limited to modifications within any conserved habitat areas or to the
conservation plan's operating conservation program for the affected
species. The original terms of the conservation plan will be maintained
to the maximum extent possible. Additional conservation and mitigation
measures will not involve the commitment of additional land, water, or
financial compensation or additional restrictions on the use of land,
water, or other natural resources otherwise available for development or
use under the original terms of the conservation plan without the
consent of the permittee.
(iii) NMFS has the burden of demonstrating that unforeseen
circumstances exist, using the best scientific and commercial data
available. These findings must be clearly documented and based upon
reliable technical information regarding the status and habitat
requirements of the affected species. NMFS will consider, but not be
limited to, the following factors:
(A) Size of the current range of the affected species;
(B) Percentage of range adversely affected by the conservation plan;
(C) Percentage of range conserved by the conservation plan;
(D) Ecological significance of that portion of the range affected by
the conservation plan;
(E) Level of knowledge about the affected species and the degree of
specificity of the species' conservation program under the conservation
plan; and
(F) Whether failure to adopt additional conservation measures would
appreciably reduce the likelihood of survival and recovery of the
affected species in the wild.
(h) Nothing in this rule will be construed to limit or constrain the
Assistant Administrator, any Federal, State, local, or Tribal government
agency, or a private entity, from taking additional actions at his or
her own expense to protect or conserve a species included in a
conservation plan.
Sec. 222.308 Permits for scientific purposes or for the enhancement of
propagation or survival of species.
(a) Scope. The Assistant Administrator may issue permits for
scientific purposes or for the enhancement of the propagation or
survival of the affected endangered or threatened species in accordance
with the regulations in parts 222, 223, and 224 of this chapter and
under such terms and conditions as the
[[Page 99]]
Assistant Administrator may prescribe, authorizing the taking,
importation, or other acts otherwise prohibited by section 9 of the Act.
Within the jurisdication of a State, more restrictive state laws or
regulations in regard to endangered species shall prevail in regard to
taking. Proof of compliance with applicable state laws will be required
before a permit will be issued.
(b) Application procedures. Any person desiring to obtain such a
permit may make application therefor to the Assistant Administrator.
Permits for marine mammals shall be issued in accordance with the
provisions of part 216, subpart D of this chapter. Permits relating to
sea turtles may involve the Fish and Wildlife Service, in which case the
applicant shall follow the procedures set out in Sec. 222.309. The
following information will be used as the basis for determining whether
an application is complete and whether a permit for scientific purposes
or for enhancement of propagation or survival of the affected species
should be issued by the Assistant Administrator. An application for a
permit shall provide the following information and such other
information that the Assistant Administrator may require:
(1) Title, as applicable, either--
(i) Application for permit for scientific purposes under the Act; or
(ii) Application for permit for the enhancement of the propagation
or survival of the endangered species Under the Act.
(2) The date of the application.
(3) The identity of the applicant including complete name, address,
and telephone number. If the applicant is a partnership or a corporate
entity, set forth the details. If the endangered species is to be
utilized by a person other than the applicant, set forth the name of
that person and such other information as would be required if such
person were an applicant.
(4) A description of the purpose of the proposed acts, including the
following:
(i) A detailed justification of the need for the endangered species,
including a discussion of possible alternatives, whether or not under
the control of the applicant; and
(ii) A detailed description of how the species will be used.
(5) A detailed description of the project, or program, in which the
endangered species is to be used, including the following:
(i) The period of time over which the project or program will be
conducted;
(ii) A list of the names and addresses of the sponsors or
cooperating institutions and the scientists involved;
(iii) A copy of the formal research proposal or contract if one has
been prepared;
(iv) A statement of whether the proposed project or program has
broader significance than the individual researcher's goals. For
example, does the proposed project or program respond directly or
indirectly to recommendation of any national or international scientific
body charged with research or management of the endangered species? If
so, how?; and
(v) A description of the arrangements, if any, for the disposition
of any dead specimen or its skeleton or other remains in a museum or
other institutional collection for the continued benefit to science.
(6) A description of the endangered species which is the subject of
the application, including the following:
(i) A list of each species and the number of each, including the
common and scientific name, the subspecies (if applicable), population
group, and range;
(ii) A physical description of each animal, including the age, size,
and sex;
(iii) A list of the probable dates of capture or other taking,
importation, exportation, and other acts which require a permit for each
animal and the location of capture or other taking, importation,
exportation, and other acts which require a permit, as specifically as
possible;
(iv) A description of the status of the stock of each species
related insofar as possible to the location or area of taking;
(v) A description of the manner of taking for each animal, including
the gear to be used;
(vi) The name and qualifications of the persons or entity which will
capture or otherwise take the animals; and
(vii) If the capture or other taking is to be done by a contractor,
a statement
[[Page 100]]
as to whether a qualified member of your staff (include name(s) and
qualifications) will supervise or observe the capture or other taking.
Accompanying such statement shall be a copy of the proposed contract or
a letter from the contractor indicating agreement to capture or
otherwise take the animals, should a permit be granted.
(7) A description of the manner of transportation for any live
animal taken, imported, exported, or shipped in interstate commerce,
including the following:
(i) Mode of transportation;
(ii) Name of transportation company;
(iii) Length of time in transit for the transfer of the animal(s)
from the capture site to the holding facility;
(iv) Length of time in transit for any planned future move or
transfer of the animals;
(v) The qualifications of the common carrier or agent used for
transportation of the animals;
(vi) A description of the pen, tank, container, cage, cradle, or
other devices used to hold the animal at both the capture site and
during transportation;
(vii) Special care before and during transportation, such as salves,
antibiotics, moisture; and
(viii) A statement as to whether the animals will be accompanied by
a veterinarian or by another similarly qualified person, and the
qualifications of such person.
(8) Describe the contemplated care and maintenance of any live
animals sought, including a complete description of the facilities where
any such animals will be maintained including:
(i) The dimensions of the pools or other holding facilities and the
number, sex, and age of animals by species to be held in each;
(ii) The water supply, amount, and quality;
(iii) The diet, amount and type, for all animals;
(iv) Sanitation practices used;
(v) Qualifications and experience of the staff;
(vi) A written certification from a licensed veterinarian or from a
recognized expert who are knowledgeable on the species (or related
species) or group covered in the application. The certificate shall
verify that the veterinarian has personally reviewed the amendments for
transporting and maintaining the animal(s) and that, in the
veterinarian's opinion, they are adequate to provide for the well-being
of the animal; and
(vii) The availability in the future of a consulting expert or
veterinarian meeting paragraph requirements of (b)(8)(vi) in this
section.
(9) A statement of willingness to participate in a cooperative
breeding program and maintain or contribute data to a stud book.
(10) A statement of how the applicant's proposed project or program
will enhance or benefit the wild population.
(11) For the 5 years preceding the date of application, the
applicant shall provide a detailed description of all mortalities
involving species under the control of or utilized by the applicant and
are either presently listed as endangered species or are taxonomically
related within the Order to the species which is the subject of this
application, including:
(i) A list of all endangered species and related species that are
the subject of this application that have been captured, transported,
maintained, or utilized by the applicant for scientific purposes or for
the enhancement of propagation or survival of the affected species, and/
or of related species that are captured, transported, maintained, or
utilized by the applicant for scientific purposes or for enhancement of
propagation or survival of the affected species;
(ii) The numbers of mortalities among such animals by species, by
date, by location of capture, i.e., from which population, and the
location of such mortalities;
(iii) The cause(s) of any such mortality; and
(iv) The steps which have been taken by applicant to avoid or
decrease any such mortality.
(12) A certification in the following language: I hereby certify
that the foregoing information is complete, true, and correct to the
best of my knowledge and belief. I understand that this information is
submitted for the purpose of obtaining a permit under the Endangered
Species Act, as
[[Page 101]]
amended, and regulations promulgated thereunder, and that any false
statement may subject me to the criminal penalties of 18 U.S.C. 1001, or
to penalties under the Act.
(13) The applicant and/or an officer thereof must sign the
application.
(14) Assistance in completing this application may be obtained by
writing Chief, Endangered Species Division, Office of Protected
Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910 or
calling the Office of Protected Resources at 301-713-1401. Allow at
least 90 days for processing.
(c) Issuance criteria. In determining whether to issue a permit for
scientific purposes or to enhance the propagation or survival of the
affected endangered species, the Assistant Administrator shall
specifically consider, among other application criteria, the following:
(1) Whether the permit was applied for in good faith;
(2) Whether the permit, if granted and exercised, will not operate
to the disadvantage of the endangered species;
(3) Whether the permit would be consistent with the purposes and
policy set forth in section 2 of the Act;
(4) Whether the permit would further a bona fide and necessary or
desirable scientific purpose or enhance the propagation or survival of
the endangered species, taking into account the benefits anticipated to
be derived on behalf of the endangered species;
(5) The status of the population of the requested species and the
effect of the proposed action on the population, both direct and
indirect;
(6) If a live animal is to be taken, transported, or held in
captivity, the applicant's qualifications for the proper care and
maintenance of the species and the adequacy of the applicant's
facilities;
(7) Whether alternative non-endangered species or population stocks
can and should be used;
(8) Whether the animal was born in captivity or was (or will be)
taken from the wild;
(9) Provision for disposition of the species if and when the
applicant's project or program terminates;
(10) How the applicant's needs, program, and facilities compare and
relate to proposed and ongoing projects and programs;
(11) Whether the expertise, facilities, or other resources available
to the applicant appear adequate to successfully accomplish the
objectives stated in the application; and
(12) Opinions or views of scientists or other persons or
organizations knowledgeable about the species which is the subject of
the application or of other matters germane to the application.
(d) Terms and conditions. Permits applied for under this section
shall contain terms and conditions as the Assistant Administrator may
deem appropriate, including but not limited to the following:
(1) The number and kind of species covered;
(2) The location and manner of taking;
(3) Port of entry or export;
(4) The methods of transportation, care, and maintenance to be used
with live species;
(5) Any requirements for reports or rights of inspections with
respect to any activities carried out pursuant to the permit;
(6) The transferability or assignability of the permit;
(7) The sale or other disposition of the species, its progeny, or
the species product; and
(8) A reasonable fee covering the costs of issuance of such permit,
including reasonable inspections and an appropriate apportionment of
overhead and administrative expenses of the Department of Commerce. All
such fees will be deposited in the Treasury to the credit of the
appropriation which is current and chargeable for the cost of furnishing
the service.
Sec. 222.309 Permits for listed species of sea turtles involving the
Fish and Wildlife Service.
(a) This section establishes specific procedures for issuance of the
following permits: scientific purposes or to enhance the propagation or
survival of endangered or threatened species of sea
[[Page 102]]
turtles; zoological exhibition or educational purposes for threatened
species of sea turtles; and permits that requires coordination with the
Fish and Wildlife Service. The National Marine Fisheries Service
maintains jurisdiction for such species in the marine environment. The
Fish and Wildlife Service maintains jurisdiction for such species of sea
turtles in the land environment.
(b) For permits relating to any activity in the marine environment
exclusively, permit applicants and permittees must comply with the
regulations in parts 222, 223, and 224 of this chapter.
(c) For permits relating to any activity in the land environment
exclusively, permit applicants must submit applications to the Wildlife
Permit Office (WPO) of the U.S. Fish and Wildlife Service in accordance
with either 50 CFR 17.22(a), if the species is endangered, or 50 CFR
17.32(a), if the species is threatened.
(d) For permits relating to any activity in both the land and marine
environments, applicants must submit applications to the WPO. WPO will
forward the application to NMFS for review and processing of those
activities under its jurisdiction. Based on this review and processing,
WPO will issue either a permit or a letter of denial in accordance with
its own regulations.
(e) For permits relating to any activity in a marine environment and
that also requires a permit under the Convention on International Trade
in Endangered Species of Wild Fauna and Flora (CITES) (TIAS 8249, July
1, 1975) (50 CFR part 23), applicants must submit applications to the
WPO. WPO will forward the application to NMFS for review and processing,
after which WPO will issue a combination ESA/CITES permit or a letter of
denial.
Sec. 222.310 Permit authority for designated agents and employees of
specified Federal and state agencies.
(a) This section constitutes a programmatic permit, pursuant to 16
U.S.C. 1539(a)(1)(A), that authorizes activities by agents and employees
of Federal and state agencies, as described in paragraph (b) of this
section, to aid stranded endangered sea turtles, and to salvage, collect
data from, and dispose of, dead carcasses of endangered sea turtles in
the marine environment. For purposes of this section, 'stranded' means
endangered sea turtles, in the marine environment, that are alive but
sick, injured, or entangled.
(b) If any member of any endangered species of sea turtle is found
stranded or dead in the marine environment, any agent or employee of the
National Marine Fisheries Service, the Fish and Wildlife Service, the
U.S. Coast Guard, or any other Federal land or water management agency,
or any agent or employee of a state agency responsible for fish and
wildlife who is designated by his or her agency for such purposes, may,
when acting in the course of his or her official duties, take such
endangered sea turtles if such taking is necessary to aid a stranded sea
turtle, or dispose of or salvage a dead sea turtle, or collect data from
a dead sea turtle which may be useful for scientific and educational
purposes. Live turtles will be handled as described in Sec.
223.206(d)(1). Whenever possible, live sea turtles shall be returned to
their aquatic environment as soon as possible. The following data
collection activities for live turtles while they are in the marine
environment are allowed:
(1) Turtles may be flipper and passive integrated transponder (PIT)
tagged, prior to release. Flipper tags would be applied to the trailing
edge of either the front or rear flippers with standard tagging
applicators after the tagging area has been cleaned with alcohol or
iodine solution. PIT tags would be inserted according to best practice,
approved scientific protocols, after cleaning the insertion site with
alcohol or iodine solution. Before application of flipper tags or
insertion of PIT tags, all flippers and the neck/shoulder area will be
examined and scanned for the presence of any pre-existing flipper or PIT
tags.
(2) Turtles may also be weighed, measured, and photographed prior to
release.
(3) When handling turtles exhibiting fibropapilloma, all equipment
(tagging equipment, tape measures, etc.) that comes in contact with the
turtle shall be cleaned with a mild bleach solution.
[[Page 103]]
(c) Every action shall be reported in writing to the Assistant
Administrator, or authorized representative, via the agency or
institution designated by the state to record such events. Reports shall
contain the following information:
(1) Name and position of the official or employee involved;
(2) Description of the sea turtle(s) involved including species and
condition of the animal;
(3) When applicable, description of entangling gear, its location on
the turtle, and the amount of gear left on the turtle at release;
(4) Method, date and location of disposal of the sea turtle(s),
including, if applicable, where the sea turtle(s) has been retained in
captivity; and
(5) Such other information as the Assistant Administrator, or
authorized representative, may require.
[70 FR 42509, July 25, 2005]
PART 223_THREATENED MARINE AND ANADROMOUS SPECIES--Table of Contents
Subpart A_General Provisions
Sec.
223.101 Purpose and scope.
223.102 Enumeration of threatened marine and anadromous species.
Subpart B_Restrictions Applicable to Threatened Marine and Anadromous
Species
223.201 Guadalupe fur seal.
223.202 Steller sea lion.
223.203 Anadromous fish.
223.204 Tribal plans.
223.205 Sea turtles.
223.206 Exceptions to prohibitions relating to sea turtles.
223.207 Approved TEDs.
223.209 [Reserved]
Figures 1-2 to Part 223 [Reserved]
Figure 3 to Part 223--Matagorda TED
Figure 4 to Part 223--Georgia TED
Figure 5 to Part 223--Net Diagram for the Excluder Panel of the Parker
Soft TED
Figure 6 to Part 223--TED Extension in Summer Flounder Trawl
Figures 7-9b to Part 223 [Reserved]
Figure 10 to Part 223--Flounder TED
Figure 11 to Part 223 [Reserved]
Figure 12 to Part 223--Escape Opening & Cover Dimensions for 71-inch TED
Figure 13 to Part 223--Single Grid Hard TED Escape Opening
Figure 14a to Part 223--Maximum Angle of Deflector Bars With Straight
Bars Attached to the Bottom of the Frame
Figure 14b to Part 223--Maximum Angle of Deflector Bars With Bent Bars
Attached to the Bottom of the Frame
Figure 15 to Part 223--Weedless TED Brace Bar Description
Figure 16 to Part 223--Escape Opening and Flap Dimensions for the Double
Cover Flap TED
Authority: 16 U.S.C. 1531-1543; subpart B, Sec. 223.12 also issued
under 16 U.S.C. 1361 et seq.; 16 U.S.C. 5503(d) for Sec. 223.206(d)(9).
Source: 43 FR 32809, July 28, 1978, unless otherwise noted.
Redesignated at 64 FR 14068, Mar. 23, 1999.
Subpart A_General Provisions
Sec. 223.101 Purpose and scope.
(a) The regulations contained in this part identify the species
under the jurisdiction of the Secretary of Commerce that have been
determined to be threatened species pursuant to section 4(a) of the Act,
and provide for the conservation of such species by establishing rules
and procedures to governing activities involving the species.
(b) The regulations contained in this part apply only to the
threatened species enumerated in Sec. 223.102.
(c) The provisions of this part are in addition to, and not in lieu
of, other regulations of parts 222 through 226 of this chapter which
prescribe additional restrictions or conditions governing threatened
species.
[64 FR 14068, Mar. 23, 1999]
Sec. 223.102 Enumeration of threatened marine and anadromous species.
The species determined by the Secretary of Commerce to be threatened
pursuant to section 4(a) of the Act, as well as species listed under the
Endangered Species Conservation of Act of 1969 by the Secretary of the
Interior and currently under the jurisdiction of the Secretary of
Commerce, are the following:
(a) Marine and anadromous fish. The following table lists the common
and scientific names of threatened species, the locations where they are
listed, and the citations for the listings and critical habitat
designations.
[[Page 104]]
----------------------------------------------------------------------------------------------------------------
Species \1\ Citation(s) for Citation for
-------------------------------------------- Where Listed listing critical habitat
Common name Scientific name determination(s) designation
----------------------------------------------------------------------------------------------------------------
(1) Gulf sturgeon.... Acipenser oxyrinchus Everywhere.............. 56 FR 49653, Sep. 68 FR 13370, Mar.
desotoi. 30, 1991. 19, 2003.
(2) Ozette Lake Oncorhynchus nerka.. U.S.A., WA, including 64 FR 14528, Mar. NA
sockeye. all naturally spawned 25, 1999. [vacated 9/29/03,
populations of sockeye June 28, 2005....... 68 FR 55900].
salmon in Ozette Lake
and streams and
tributaries flowing
into Ozette Lake,
Washington, as well as
two artificial
propagation programs:
the Umbrella Creek and
Big River sockeye
hatchery programs.
(3) Central Valley Oncorhynchus U.S.A., CA, including 64 FR 50394, Sep. NA
spring-run Chinook. tshawytscha. all naturally spawned 16, 1999. [vacated 9/29/03,
populations of spring- June 28, 2005....... 68 FR 55900].
run Chinook salmon in
the Sacramento River
and its tributaries in
California, including
the Feather River, as
well as the Feather
River Hatchery spring-
run Chinook program.
(4) California Oncorhynchus U.S.A., CA, including 64 FR 50394, Sep. NA
Coastal Chinook. tshawytscha. all naturally spawned 16, 1999. [vacated 9/29/03,
populations of Chinook June 28, 2005....... 68 FR 55900].
salmon from rivers and
streams south of the
Klamath River to the
Russian River,
California, as well as
seven artificial
propagation programs:
the Humboldt Fish
Action Council
(Freshwater Creek),
Yager Creek, Redwood
Creek, Hollow Tree, Van
Arsdale Fish Station,
Mattole Salmon Group,
and Mad River Hatchery
fall-run Chinook
hatchery programs.
(5) Upper Willamette Oncorhynchus U.S.A., OR, including 64 FR 14308, Mar. NA
River Chinook. tshawytscha. all naturally spawned 24, 1999. [vacated 9/29/03,
populations of spring- June 28, 2005....... 68 FR 55900].
run Chinook salmon in
the Clackamas River and
in the Willamette
River, and its
tributaries, above
Willamette Falls,
Oregon, as well as
seven artificial
propagation programs:
the McKenzie River
Hatchery (Oregon
Department of Fish and
Wildlife (ODFW) stock
24), Marion
Forks/North Fork
Santiam River (ODFW
stock 21),
South Santiam Hatchery
(ODFW stock 23) in the South Fork
Santiam River, South
Santiam Hatchery in the
Calapooia River, South
Santiam Hatchery in the
Mollala River,
Willamette Hatchery
(ODFW stock 22), and Clackamas
hatchery (ODFW stock
19) spring-run
Chinook hatchery
programs.
(6) Lower Columbia Oncorhynchus U.S.A., OR, WA, 64 FR 14308, Mar. NA
River Chinook. tshawytscha. including all naturally 24, 1999. [vacated 9/29/03,
spawned populations of June 28, 2005....... 68 FR 55900].
Chinook salmon from the
Columbia River and its
tributaries from its
mouth at the Pacific
Ocean upstream to a
transitional point
between Washington and
Oregon east of the Hood
River and the White
Salmon River, and
includes the Willamette
River to Willamette
Falls, Oregon,
exclusive of spring-run
Chinook salmon in the
Clackamas River, as
well as seventeen
artificial propagation
programs: the Sea
Resources Tule Chinook
Program, Big Creek Tule
Chinook Program,
Astoria High School
(STEP) Tule Chinook
Program, Warrenton High
School (STEP) Tule
Chinook Program,
Elochoman River Tule
Chinook Program,
Cowlitz Tule Chinook
Program, North Fork
Toutle Tule Chinook
Program, Kalama Tule
Chinook Program,
Washougal River Tule
Chinook Program, Spring
Creek NFH Tule Chinook
Program, Cowlitz spring
Chinook Program in the
Upper Cowlitz River and
the Cispus River,
Friends of the Cowlitz
spring Chinook Program,
Kalama River spring
Chinook Program, Lewis
River spring Chinook
Program, Fish First
spring Chinook Program,
and the Sandy River
Hatchery (ODFW stock
11) Chinook
hatchery programs.
[[Page 105]]
(7) Puget Sound Oncorhynchus U.S.A., WA, including 64 FR 14308, Mar. NA
Chinook. tshawytscha. all naturally spawned 24, 1999. [vacated 9/29/03,
populations of Chinook June 28, 2005....... 68 FR 55900].
salmon from rivers and
streams flowing into
Puget Sound including
the Straits of Juan De
Fuca from the Elwha
River, eastward,
including rivers and
streams flowing into
Hood Canal, South
Sound, North Sound and
the Strait of Georgia
in Washington, as well
as twenty-six
artificial propagation
programs: the Kendal
Creek Hatchery,
Marblemount Hatchery
(fall, spring
yearlings, spring
subyearlings, and
summer run), Harvey
Creek Hatchery,
Whitehorse Springs
Pond, Wallace River
Hatchery (yearlings and
subyearlings), Tulalip
Bay, Issaquah Hatchery,
Soos Creek Hatchery,
Icy Creek Hatchery,
Keta Creek Hatchery,
White River Hatchery,
White Acclimation Pond,
Hupp Springs Hatchery,
Voights Creek Hatchery,
Diru Creek, Clear
Creek, Kalama Creek,
George Adams Hatchery,
Rick's Pond Hatchery,
Hamma Hamma Hatchery,
Dungeness/Hurd Creek
Hatchery, Elwha Channel
Hatchery Chinook
hatchery programs.
(8) Snake River fall- Oncorhynchus U.S.A., OR, WA, ID, 57 FR 14653, Apr. 58 FR 68543, Dec.
run Chinook. tshawytscha. including all naturally 22, 1992, 57 FR 28, 1993.
spawned populations of 23458, Jun. 3, 1992.
fall-run Chinook salmon June 28, 2005.......
in the mainstem Snake
River below Hells
Canyon Dam, and in the
Tucannon River, Grande
Ronde River, Imnaha
River, Salmon River,
and Clearwater River,
as well as four
artificial propagation
programs: the Lyons
Ferry Hatchery, Fall
Chinook Acclimation
Ponds Program, Nez
Perce Tribal Hatchery,
and Oxbow Hatchery fall-
run Chinook hatchery
programs.
(9) Snake River Oncorhynchus U.S.A., OR, WA, ID, 57 FR 14653, Apr. 58 FR 68543, Dec.
spring/summer-run tshawytscha. including all naturally 22, 1992, 57 FR 28, 1993. 64 FR
Chinook. spawned populations of 23458, Jun. 3, 1992. 57399, Oct. 25,
spring/summer-run June 28, 2005....... 1999.
Chinook salmon in the
mainstem Snake River
and the Tucannon River,
Grande Ronde River,
Imnaha River, and
Salmon River subbasins,
as well as fifteen
artificial propagation
programs: the Tucannon
River conventional
Hatchery, Tucannon
River Captive
Broodstock Program,
Lostine River,
Catherine Creek,
Lookingglass Hatchery,
Upper Grande Ronde,
Imnaha River, Big Sheep
Creek, McCall Hatchery,
Johnson Creek
Artificial Propagation
Enhancement, Lemhi
River Captive Rearing
Experiment, Pahsimeroi
Hatchery, East Fork
Captive Rearing
Experiment, West Fork
Yankee Fork Captive
Rearing Experiment, and
the Sawtooth Hatchery
spring/summer-run
Chinook hatchery
programs.
(10) Southern Oregon/ Oncorhynchus kisutch U.S.A., CA, OR, 62 FR 24588, May 6, 64 FR 24049, May 5,
Northern California including all naturally 1997. 1999.
Coast coho. spawned populations of June 28, 2005.......
coho salmon in coastal
streams between Cape
Blanco, Oregon, and
Punta Gorda,
California, as well
three artificial
propagation programs:
the Cole Rivers
Hatchery (ODFW stock
52), Trinity
River Hatchery, and
Iron Gate Hatchery coho
hatchery programs.
[[Page 106]]
(11) Lower Columbia Oncorhynchus kisutch U.S.A., OR, WA, June 28, 2005....... NA
River coho. including all naturally
spawned populations of
coho salmon in the
Columbia River and its
tributaries in
Washington and Oregon,
from the mouth of the
Columbia up to and
including the Big White
Salmon and Hood Rivers,
and includes the
Willamette River to
Willamette Falls,
Oregon, as well as
twenty-five artificial
propagation programs:
the Grays River, Sea
Resources Hatchery,
Peterson Coho Project,
Big Creek Hatchery,
Astoria High School
(STEP) Coho Program,
Warrenton High School
(STEP) Coho Program,
Elochoman Type-S Coho
Program, Elochoman Type-
N Coho Program,
Cathlamet High School
FFA Type-N Coho
Program, Cowlitz Type-N
Coho Program in the
Upper and Lower Cowlitz
Rivers, Cowlitz Game
and Anglers Coho
Program, Friends of the
Cowlitz Coho Program,
North Fork Toutle River
Hatchery, Kalama River
Type-N Coho Program,
Kalama River Type-S
Coho Program, Lewis
River Type-N Coho
Program, Lewis River
Type-S Coho Program,
Fish First Wild Coho
Program, Fish First
Type-N Coho Program,
Syverson Project Type-N
Coho Program, Eagle
Creek National Fish
Hatchery, Sandy
Hatchery, and the
Bonneville/Cascade/
Oxbow complex coho
hatchery programs.
(12) Columbia River Oncorhynchus keta... U.S.A., OR, WA, 64 FR 14508, Mar. NA
chum. including all naturally 25, 1999. [vacated 9/29/03,
spawned populations of June 28, 2005....... 68 FR 55900].
chum salmon in the
Columbia River and its
tributaries in
Washington and Oregon,
as well as three
artificial propagation
programs: the Chinook
River (Sea Resources
Hatchery), Grays River,
and Washougal River/
Duncan Creek chum
hatchery programs.
(13) Hood Canal Oncorhynchus keta... U.S.A., WA, including 64 FR 14508, Mar. NA
summer-run chum. all naturally spawned 25, 1999. [vacated 9/29/03,
populations of summer- June 28, 2005....... 68 FR 55900].
run chum salmon in Hood
Canal and its
tributaries as well as
populations in Olympic
Peninsula rivers
between Hood Canal and
Dungeness Bay,
Washington, as well as
eight artificial
propagation programs:
the Quilcene NFH, Hamma
Hamma Fish Hatchery,
Lilliwaup Creek Fish
Hatchery, Union River/
Tahuya, Big Beef Creek
Fish Hatchery, Salmon
Creek Fish Hatchery,
Chimacum Creek Fish
Hatchery, and the
Jimmycomelately Creek
Fish Hatchery summer-
run chum hatchery
programs.
(14) South-Central Oncorhynchus mykiss. U.S.A., CA, including 62 FR 49397, Aug. NA
California Coast all naturally spawned 18, 1997. [vacated 9/29/03,
Steelhead. populations of 68 FR 55900].
steelhead (and their
progeny) in streams
from the Pajaro River
(inclusive), located in
Santa Cruz County,
California, to (but not
including) the Santa
Maria River.
(15) Central Oncorhynchus mykiss. U.S.A., CA, including 62 FR 43937, Aug. NA
California Coast all naturally spawned 18, 1997. [vacated 9/29/03,
Steelhead. populations of 68 FR 55900].
steelhead (and their
progeny) in streams
from the Russian River
to Aptos Creek, Santa
Cruz County,
Californian
(inclusive), and the
drainages of San
Francisco and San Pablo
Bays eastward to the
Napa River (inclusive),
Napa County,
California. Excludes
the Sacramento- San
Joaquin River Basin of
the Central Valley of
California.
(16) California Oncorhynchus mykiss. U.S.A., CA, including 63 FR 13347; Mar. NA
Central Valley all naturally spawned 19, 1998. [vacated 9/29/03,
Steelhead. populations of 68 FR 55900].
steelhead (and their
progeny) in the
Sacramento and San
Joaquin Rivers and
their tributaries,
excluding steelhead
from San Francisco and
San Pablo Bays and
their tributaries.
[[Page 107]]
(17) Northern Oncorhynchus mykiss. U.S.A., CA, including 65 FR 36074, June 7, NA
California Steelhead. all naturally spawned 2000.
populations of
steelhead (and their
progeny) in California
coastal river basins
from Redwood Creek in
Humboldt County,
California, to the
Gualala River,
inclusive, in Mendocino
County, California.
(18) Upper Willamette Oncorhynchus mykiss. U.S.A., OR, including 62 FR 43937, Aug. NA
River Steelhead. all naturally spawned 18, 1997. [vacated 9/29/03,
populations of winter- 68 FR 55900].
run steelhead in the
Willamette River,
Oregon, and its
tributaries upstream
from Willamette Falls
to the Calapooia River,
inclusive.
(19) Lower Columbia Oncorhynchus mykiss. U.S.A., OR, WA, 62 FR 13347, Mar. NA
River Steelhead. including all naturally 19, 1998. [vacated 9/29/03,
spawned populations of 68 FR 55900].
steelhead (and their
progeny) in streams and
tributaries to the
Columbia River between
the Cowlitz and Wind
Rivers, Washington,
inclusive, and the
Willamette and Hood
Rivers, Oregon,
inclusive. Excluded are
steelhead in the upper
Willamette River Basin
above Willamette Falls,
Oregon, and from the
Little and Big White
Salmon Rivers,
Washington.
(20) Middle Columbia Oncorhynchus mykiss. U.S.A., OR, WA, 57 FR 14517, Mar. NA
River Steelhead. including all naturally 25, 1999. [vacated 9/29/03,
spawned populations of 68 FR 55900].
steelhead in streams
from above the Wind
River, Washington, and
the Hood River, Oregon
(exclusive), upstream
to, and including, the
Yakima River,
Washington. Excluded
are steelhead from the
Snake River Basin.
(21) Snake River Oncorhynchus mykiss. U.S.A., OR, WA, ID, 62 FR 43937, Aug. NA
Basin Steelhead. including all naturally 18, 1997. [vacated 9/29/03,
spawned populations of 68 FR 55900].
steelhead (and their
progeny) in streams in
the Snake River Basin
of southeast
Washington, northeast
Oregon, and Idaho.
----------------------------------------------------------------------------------------------------------------
\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).
(b) Marine plants. Johnson's seagrass (Halophila johnsonii).
(c) Marine mammals. Guadalupe fur seal (Arctocephalus townsendi);
Steller sea lion (Eumetopias jubatus), eastern population, which
consists of all Steller sea lions from breeding colonies located east of
144[deg] W. longitude.
(d) Sea turtles. Green turtle (Chelonia mydas) except for those
populations listed under Sec. 224.101(c) of this chapter; Loggerhead
turtle (Caretta caretta); Olive ridley turtle (Lepidochelys olivacea)
except for those populations listed under Sec. 224.101(c) of this
chapter.
Note to Sec. 223.201(d):
Jurisdiction for sea turtles by the Department of Commerce, National
Oceanic and Atmospheric Administration, National Marine Fisheries
Service, is limited to turtles while in the water.
[64 FR 14068, Mar. 23, 1999, as amended at 64 FR 14328, Mar. 24, 1999;
64 FR 14517, 14528, 14536, Mar. 25, 1999; 64 FR 50415, Sept. 16, 1999;
65 FR 36094, June 7, 2000; 65 FR 60383, Oct. 11, 2000; 70 FR 37198, June
28, 2005]
Subpart B_Restrictions Applicable to Threatened Marine and Anadromous
Species
Sec. 223.201 Guadalupe fur seal.
(a) Prohibitions. The prohibitions of section 9 of the Act (16
U.S.C. 1538) relating to endangered species apply to the Guadalupe fur
seal except as provided in paragraph (b) of this section.
(b) Exceptions. (1) The Assistant Administrator may issue permits
authorizing activities which would otherwise be prohibited under
paragraph (a) of this section in accordance with the subject to the
provisions of part 222 subpart C--General Permit Procedures.
(2) Any Federal, State or local government official, employee, or
designated agent may, in the course of official duties, take a stranded
Guadalupe fur seal without a permit if such taking:
(i) Is accomplished in a humane manner;
[[Page 108]]
(ii) Is for the protection or welfare of the animal, is for the
protection of the public health or welfare, or is for the salvage or
disposal of a dead specimen;
(iii) Includes steps designed to ensure the return of the animal to
its natural habitat, if feasible; and
(iv) Is reported within 30 days to the Regional Administrator,
Southwest Region, National Marine Fisheries Service, 501 West Ocean
Blvd., Suite 4200, Long Beach, CA 90802.
(3) Any animal or specimen taken under paragraph (b)(2) of this
section may only be retained, disposed of, or salvaged in accordance
with directions from the Director, Southwest Region.
[50 FR 51258, Dec. 16, 1985. Redesignated and amended at 64 FR 14068,
Mar. 23, 1999]
Sec. 223.202 Steller sea lion.
(a) General prohibitions. The prohibitions of section 9 of the Act
(16 U.S.C. 1538) and the following regulatory provisions shall apply to
the eastern population of Steller sea lions:
(1) No discharge of firearms. Except as provided in paragraph (b) of
this section, no person subject to the jurisdiction of the United States
may discharge a firearm at or within 100 yards (91.4 meters) of a
Steller sea lion. A firearm is any weapon, such as a pistol or rifle,
capable of firing a missile using an explosive charge as a propellant.
(2) No approach in buffer areas. Except as provided in paragraph (b)
of this section:
(i) No owner or operator of a vessel may allow the vessel to
approach within 3 nautical miles (5.5 kilometers) of a Steller sea lion
rookery site listed in paragraph (a)(3) of this section;
(ii) No person may approach on land not privately owned within one-
half statutory miles (0.8 kilometers) or within sight of a Steller sea
lion rookery site listed in paragraph (a)(3) of this section, whichever
is greater, except on Marmot Island; and
(iii) No person may approach on land not privately owned within one
and one-half statutory miles (2.4 kilometers) or within sight of the
eastern shore of Marmot Island, including the Steller sea lion rookery
site listed in paragraph (a)(3) of this section, whichever is greater.
(3) Listed sea lion rookery sites. Listed Steller sea lion rookery
sites consist of the rookeries in the Aleutian Islands and the Gulf of
Alaska listed in Table 1.
Table 1 to Sec. 223.202--Listed Steller Sea Lion Rookery Sites \1\
----------------------------------------------------------------------------------------------------------------
From To
Island ---------------------------------------------- NOAA chart Notes
Lat. Long. Lat. Long.
----------------------------------------------------------------------------------------------------------------
1. Outer I....................... 59[deg]20. 150[deg]23 59[deg]21 150[deg]2 16681 S quadrant.
5 N .0 W .0 N 4.5 W
2. Sugarloaf I................... 58[deg]53. 152[deg]02 ......... ......... 16580 Whole island.
0 N .0 W
3. Marmot I...................... 58[deg]14. 151[deg]47 58[deg]10 151[deg]5 16580 SE quadrant.
5 N .5 W .0 N 1.0 W
4. Chirikof I.................... 55[deg]46. 155[deg]39 55[deg]46 155[deg]4 16580 S quadrant.
5 N .5 W .5 N 3.0 W
5. Chowiet I..................... 56[deg]00. 156[deg]41 56[deg]00 156[deg]4 16013 S quadrant.
5 N .5 W .5 N 2.0 W
6. Atkins I...................... 55[deg]03. 159[deg]18 ......... ......... 16540 Whole island.
5 N .5 W
7. Chernabura I.................. 54[deg]47. 159[deg]31 54[deg]45 159[deg]3 16540 SE corner.
5 N .0 W .5 N 3.5 W
8. Pinnacle Rock................. 54[deg]46. 161[deg]46 ......... ......... 16540 Whole island.
0 N .0 W
9. Clubbing Rks (N).............. 54[deg]43. 162[deg]26 ......... ......... 16540 Whole island.
0 N .5 W
Clubbing Rks (S)................. 54[deg]42. 162[deg]26 ......... ......... 16540 Whole Island.
0 N .5 W
10. Sea Lion Rks................. 55[deg]28. 163[deg]12 ......... ......... 16520 Whole island.
0 N .0 W
11. Ugamak I..................... 54[deg]14. 164[deg]48 54[deg]13 164[deg]4 16520 E end of island.
0 N .0 W .0 N 8.0 W
12. Akun I....................... 54[deg]18. 165[deg]32 54[deg]18 165[deg]3 16547 Billings Head
0 N .5 W .0 N 1.5 W Bight.
13. Akutan I..................... 54[deg]03. 166[deg]00 54[deg]05 166[deg]0 16520 SW corner, Cape
5 N .0 W .5 N 5.0 W Morgan.
14. Bogoslof I................... 53[deg]56. 168[deg]02 ......... ......... 16500 Whole island.
0 N .0 W
15. Ogchul I..................... 53[deg]00. 168[deg]24 ......... ......... 16500 Whole island.
0 N .0 W
16. Adugak I..................... 52[deg]55. 169[deg]10 ......... ......... 16500 Whole island.
0 N .5 W
17. Yunaska I.................... 52[deg]42. 170[deg]38 52[deg]41 170[deg]3 16500 NE end.
0 N .5 W .0 N 4.5 W
18. Seguam I..................... 52[deg]21. 172[deg]35 52[deg]21 172[deg]3 16480 N coast,
0 N .0 W .0 N 3.0 W Saddleridge Pt.
19. Agligadak I.................. 52[deg]06. 172[deg]54 ......... ......... 16480 Whole island.
5 N .0 W
20. Kasatochi I.................. 52[deg]10. 175[deg]31 52[deg]10 175[deg]2 16480 N half of island.
0 N .5 W .5 N 9.0 W
21. Adak I....................... 51[deg]36. 176[deg]59 51[deg]38 176[deg]5 16460 SW Point, Lake
5 N .0 W .0 N 9.5 W Point.
22. Gramp rock................... 51[deg]29. 178[deg]20 ......... ......... 16460 Whole island.
0 N .5 W
23. Tag I........................ 51[deg]33. 178[deg]34 ......... ......... 16460 Whole island.
5 N .5 W
24. Ulak I....................... 51[deg]20. 178[deg]57 51[deg]18 178[deg]5 16460 SE corner, Hasgox
0 N .0 W .5 N 9.5 W Pt.
25. Semisopochnoi................ 51[deg]58. 179[deg]45 51[deg]57 179[deg]4 16440 E quadrant, Pochnoi
5 N .5 E .0 N 6.0 E Pt.
Semisopochnoi.................... 52[deg]01. 179[deg]37 52[deg]01 179[deg]3 16440 N quadrant, Petrel
5 N .5 E .5 N 9.0 E Pt.
26. Amchitka I................... 51[deg]22. 179[deg]28 51[deg]21 179[deg]2 16440 East Cape.
5 N .0 E .5 N 5.0 E
[[Page 109]]
27. Amchitka I................... 51[deg]32. 178[deg]49 ......... ......... 16440 Column Rocks.
5 N .5 E
28. Ayugadak Pt.................. 51[deg]45. 178[deg]24 ......... ......... 16440 SE coast of Rat
5 N .5 E Island.
29. Kiska I...................... 51[deg]57. 177[deg]21 51[deg]56 177[deg]2 16440 W central, Lief
5 N .0 E .5 N 0.0 E Cove.
30. Kiska I...................... 51[deg]52. 177[deg]13 51[deg]53 177[deg]1 16440 Cape St. Stephen.
5 N .0 E .5 N 2.0 E
31. Walrus I..................... 57[deg]11. 169[deg]56 ......... ......... 16380 Whole island.
0 N .0 W
32. Buldir I..................... 52[deg]20. 175[deg]57 52[deg]23 175[deg]5 16420 Se point to NW
5 N .0 E .5 N 1.0 E point.
33. Agattu I..................... 52[deg]24. 173[deg]21 ......... ......... 16420 Gillion Point.
0 N .5 E
34. Agattu I..................... 52[deg]23. 173[deg]43 52[deg]22 173[deg]4 16420 Cape Sabak.
5 N .5 E .0 N 1.0 E
35. Attu I....................... 52[deg]54. 172[deg]28 52[deg]57 172[deg]3 16681 S Quadrant.
5 N .5 E .5 N 1.5 E
----------------------------------------------------------------------------------------------------------------
\1\ Each site extends in a clockwise direction from the first set of geographic coordinates along the shoreline
at mean lower low water to the second set of coordinates; or, if only one set of geographic coordinates is
listed, the site extends around the entire shoreline of the island at mean lower low water.
[[Page 110]]
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(4) Commercial Fishing Operations. The incidental mortality and
serious injury of endangered and threatened Steller sea lions in
commercial fisheries can be authorized in compliance with sections
101(a)(5) and 118 of the Marine Mammal Protection Act.
(b) Exceptions--(1) Permits. The Assistant Administrator may issue
permits authorizing activities that would otherwise be prohibited under
paragraph (a) of this section in accordance with and subject to the
provisions of part 222, subpart C--General Permit Procedures.
[[Page 139]]
(2) Official activities. The taking of Steller sea lions must be
reported within 30 days to the Regional Administrator, Alaska Region.
Paragraph (a) of this section does not prohibit or restrict a Federal,
state or local government official, or his or her designee, who is
acting in the course of official duties from:
(i) Taking a Steller sea lion in a humane manner, if the taking is
for the protection or welfare of the animal, the protection of the
public health and welfare, or the nonlethal removal of nuisance animals;
or
(ii) Entering the buffer areas to perform activities that are
necessary for national defense, or the performance of other legitimate
governmental activities.
(3) Subsistence takings by Alaska natives. Paragraph (a) of this
section does not apply to the taking of Steller sea lions for
subsistence purposes under section 10(e) of the Act.
(4) Emergency situations. Paragraph (a)(2) of this section does not
apply to an emergency situation in which compliance with that provision
presents a threat to the health, safety, or life of a person or presents
a significant threat to the vessel or property.
(5) Exemptions. Paragraph (a)(2) of this section does not apply to
any activity authorized by a prior written exemption from the Director,
Alaska Region, National Marine Fisheries Service. Concurrently with the
issuance of any exemption, the Assistant Administrator will publish
notice of the exemption in the Federal Register. An exemption may be
granted only if the activity will not have a significant adverse affect
on Steller sea lions, the activity has been conducted historically or
traditionally in the buffer zones, and there is no readily available and
acceptable alternative to or site for the activity.
(6) Navigational transit. Paragraph (a)(2) of this section does not
prohibit a vessel in transit from passing through a strait, narrows, or
passageway listed in this paragraph if the vessel proceeds in continuous
transit and maintains a minimum of 1 nautical mile from the rookery
site. The listing of a strait, narrows, or passageway does not indicate
that the area is safe for navigation. The listed straits, narrows, or
passageways include the following:
------------------------------------------------------------------------
Rookery Straits, narrows, or pass
------------------------------------------------------------------------
Akutan Island.......................... Akutan Pass between Cape Morgan
and Unalga Island.
Clubbing Rocks......................... Between Clubbing Rocks and
Cherni Island.
Outer Island........................... Wildcat Pass between Rabbit and
Ragged Islands.
------------------------------------------------------------------------
(c) Penalties. (1) Any person who violates this section or the Act
is subject to the penalties specified in section 11 of the Act, and any
other penalties provided by law.
(2) Any vessel used in violation of this section or the Endangered
Species Act is subject to forfeiture under section 11(e)(4)(B) of the
Act.
[55 FR 49210, Nov. 26, 1990, as amended at 56 FR 42542, Aug. 28, 1991;
56 FR 58184, Nov. 18, 1991; 58 FR 16371, Mar. 26, 1993; 58 FR 53139,
53141, Oct. 14, 1993; 58 FR 58594, Nov. 2, 1993; 62 FR 24355, May 5,
1997. Redesignated and amended at 64 FR 14068-14069, Mar. 23, 1999]
Sec. 223.203 Anadromous fish.
Available guidance documents cited in the regulatory text are listed
in Appendix A to this section.
(a) Prohibitions. The prohibitions of section 9(a)(1) of the ESA (16
U.S.C. 1538(a)(1)) relating to endangered species apply to anadromous
fish with an intact adipose fin that are part of the threatened species
of salmonids listed in Sec. 223.102(a)(2) through (a)(21).
(b) Limits on the prohibitions. The limits to the prohibitions of
paragraph (a) of this section relating to threatened species of
salmonids listed in Sec. 223.102(a) are described in the following
paragraphs (b)(1) through (b)(13):
(1) The exceptions of section 10 of the ESA (16 U.S.C. 1539) and
other exceptions under the Act relating to endangered species, including
regulations in part 222 of this chapter implementing such exceptions,
also apply to the threatened species of salmonids listed in Sec.
223.102(a)(2) through (a)(21).
(2) The prohibitions of paragraph (a) of this section relating to
threatened species of salmonids listed in Sec. 223.102(a)(2) through
(a)(21) do not
[[Page 140]]
apply to activities specified in an application for 4(d) authorization
for scientific purposes or to enhance the conservation or survival of
the species, provided that the application has been received by the
Assistant Administrator for Fisheries, NOAA (AA), no later than August
29, 2005. The prohibitions of this section apply to these activities
upon the AA's rejection of the application as insufficient, upon
issuance or denial of authorization, or December 28, 2005, whichever
occurs earliest.
(3) The prohibitions of paragraph (a) of this section relating to
threatened species of salmonids listed in Sec. 223.102 (a)(2) through
(a)(21) do not apply to any employee or designee of NMFS, the United
States Fish and Wildlife Service, any Federal land management agency,
the Idaho Department of Fish and Game (IDFG), Washington Department of
Fish and Wildlife (WDFW), the Oregon Department of Fish and Wildlife
(ODFW), California Department of Fish and Game (CDFG), or of any other
governmental entity that has co-management authority for the listed
salmonids, when the employee or designee, acting in the course of his or
her official duties, takes a threatened salmonid without a permit if
such action is necessary to:
(i) Aid a sick, injured, or stranded salmonid,
(ii) Dispose of a dead salmonid, or
(iii) Salvage a dead salmonid which may be useful for scientific
study.
(iv) Each agency acting under this limit on the take prohibitions of
paragraph (a) of this section is to report to NMFS the numbers of fish
handled and their status, on an annual basis. A designee of the listed
entities is any individual the Federal or state fishery agency or other
co-manager has authorized in writing to perform the listed functions.
(4) The prohibitions of paragraph (a) of this section relating to
threatened species of salmonids listed in Sec. 223.102 (a)(2) through
(a)(21) do not apply to fishery harvest activities provided that:
(i) Fisheries are managed in accordance with a NMFS-approved Fishery
Management and Evaluation Plan (FMEP) and implemented in accordance with
a letter of concurrence from NMFS. NMFS will approve an FMEP only if it
clearly defines its intended scope and area of impact and sets forth the
management objectives and performance indicators for the plan. The plan
must adequately address the following criteria:
(A) Define populations within affected listed ESUs, taking into
account spatial and temporal distribution, genetic and phenotypic
diversity, and other appropriate identifiably unique biological and life
history traits. Populations may be aggregated for management purposes
when dictated by information scarcity, if consistent with survival and
recovery of the listed ESU. In identifying management units, the plan
shall describe the reasons for using such units in lieu of population
units, describe how the management units are defined, given biological
and life history traits, so as to maximize consideration of the
important biological diversity contained within the listed ESU, respond
to the scale and complexity of the ESU, and help ensure consistent
treatment of listed salmonids across a diverse geographic and
jurisdictional range.
(B) Utilize the concepts of ``viable'' and ``critical'' salmonid
population thresholds, consistent with the concepts contained in the
technical document entitled ``Viable Salmonid Populations (NMFS,
2000b).'' The VSP paper provides a framework for identifying the
biological requirements of listed salmonids, assessing the effects of
management and conservation actions, and ensuring that such actions
provide for the survival and recovery of listed species. Proposed
management actions must recognize the significant differences in risk
associated with viable and critical population threshold states and
respond accordingly to minimize the long-term risks to population
persistence. Harvest actions impacting populations that are functioning
at or above the viable threshold must be designed to maintain the
population or management unit at or above that level. For populations
shown with a high degree of confidence to be above critical levels but
not yet at viable levels, harvest management must not appreciably slow
the population's
[[Page 141]]
achievement of viable function. Harvest actions impacting populations
that are functioning at or below critical threshold must not be allowed
to appreciably increase genetic and demographic risks facing the
population and must be designed to permit the population's achievement
of viable function, unless the plan demonstrates that the likelihood of
survival and recovery of the entire ESU in the wild would not be
appreciably reduced by greater risks to that individual population.
(C) Set escapement objectives or maximum exploitation rates for each
management unit or population based on its status and on a harvest
program that assures that those rates or objectives are not exceeded.
Maximum exploitation rates must not appreciably reduce the likelihood of
survival and recovery of the ESU. Management of fisheries where
artificially propagated fish predominate must not compromise the
management objectives for commingled naturally spawned populations.
(D) Display a biologically based rationale demonstrating that the
harvest management strategy will not appreciably reduce the likelihood
of survival and recovery of the ESU in the wild, over the entire period
of time the proposed harvest management strategy affects the population,
including effects reasonably certain to occur after the proposed actions
cease.
(E) Include effective monitoring and evaluation programs to assess
compliance, effectiveness, and parameter validation. At a minimum,
harvest monitoring programs must collect catch and effort data,
information on escapements, and information on biological
characteristics, such as age, fecundity, size and sex data, and
migration timing.
(F) Provide for evaluating monitoring data and making any revisions
of assumptions, management strategies, or objectives that data show are
needed.
(G) Provide for effective enforcement and education. Coordination
among involved jurisdictions is an important element in ensuring
regulatory effectiveness and coverage.
(H) Include restrictions on resident and anadromous species
fisheries that minimize any take of listed species, including time,
size, gear, and area restrictions.
(I) Be consistent with plans and conditions established within any
Federal court proceeding with continuing jurisdiction over tribal
harvest allocations.
(ii) The state monitors the amount of take of listed salmonids
occurring in its fisheries and provides to NMFS on a regular basis, as
defined in NMFS' letter of concurrence for the FMEP, a report
summarizing this information, as well as the implementation and
effectiveness of the FMEP. The state shall provide NMFS with access to
all data and reports prepared concerning the implementation and
effectiveness of the FMEP.
(iii) The state confers with NMFS on its fishing regulation changes
affecting listed ESUs to ensure consistency with the approved FMEP.
Prior to approving a new or amended FMEP, NMFS will publish notification
in the Federal Register announcing its availability for public review
and comment. Such an announcement will provide for a comment period on
the draft FMEP of not less than 30 days.
(iv) NMFS provides written concurrence of the FMEP which specifies
the implementation and reporting requirements. NMFS' approval of a plan
shall be a written approval by NMFS Southwest or Northwest Regional
Administrator, as appropriate. On a regular basis, NMFS will evaluate
the effectiveness of the program in protecting and achieving a level of
salmonid productivity commensurate with conservation of the listed
salmonids. If it is not, NMFS will identify ways in which the program
needs to be altered or strengthened. If the responsible agency does not
make changes to respond adequately to the new information, NMFS will
publish notification in the Federal Register announcing its intention to
withdraw the limit for activities associated with that FMEP. Such an
announcement will provide for a comment period of not less than 30 days,
after which NMFS will make a final determination whether to withdraw the
limit so that the prohibitions would then apply to those fishery harvest
activities. A template for developing FMEPs is available from NMFS
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Northwest Region's website (www.nwr.noaa.gov).
(v) The prohibitions of paragraph (a) of this section relating to
threatened species of steelhead listed in Sec. 223.102 (a)(5) through
(a)(9), (a)(14), and (a)(15) do not apply to fisheries managed solely by
the states of Oregon, Washington, Idaho, and California until January 8,
2001.
(5) The prohibitions of paragraph (a) of this section relating to
threatened species of salmonids listed in Sec. 223.102 (a)(2) through
(a)(21) do not apply to activity associated with artificial propagation
programs provided that:
(i) A state or Federal Hatchery and Genetics Management Plan (HGMP)
has been approved by NMFS as meeting the following criteria:
(A) The HGMP has clearly stated goals, performance objectives, and
performance indicators that indicate the purpose of the program, its
intended results, and measurements of its performance in meeting those
results. Goals shall address whether the program is intended to meet
conservation objectives, contribute to the ultimate sustainability of
natural spawning populations, and/or intended to augment tribal,
recreational, or commercial fisheries. Objectives should enumerate the
results desired from the program that will be used to measure the
program's success or failure.
(B) The HGMP utilizes the concepts of viable and critical salmonid
population threshold, consistent with the concepts contained in the
technical document entitled ``Viable Salmonid Populations'' (NMFS,
2000b). Listed salmonids may be purposefully taken for broodstock
purposes only if the donor population is currently at or above the
viable threshold and the collection will not impair its function; if the
donor population is not currently viable but the sole objective of the
current collection program is to enhance the propagation or survival of
the listed ESU; or if the donor population is shown with a high degree
of confidence to be above critical threshold although not yet
functioning at viable levels, and the collection will not appreciably
slow the attainment of viable status for that population.
(C) Taking into account health, abundances, and trends in the donor
population, broodstock collection programs reflect appropriate
priorities. The primary purpose of broodstock collection programs of
listed species is to reestablish indigenous salmonid populations for
conservation purposes. Such programs include restoration of similar, at-
risk populations within the same ESU, and reintroduction of at-risk
populations to underseeded habitat. After the species' conservation
needs are met and when consistent with survival and recovery of the ESU,
broodstock collection programs may be authorized by NMFS such for
secondary purposes, as to sustain tribal, recreational, and commercial
fisheries.
(D) The HGMP includes protocols to address fish health, broodstock
collection, broodstock spawning, rearing and release of juveniles,
deposition of hatchery adults, and catastrophic risk management.
(E) The HGMP evaluates, minimizes, and accounts for the propagation
program's genetic and ecological effects on natural populations,
including disease transfer, competition, predation, and genetic
introgression caused by the straying of hatchery fish.
(F) The HGMP describes interrelationships and interdependencies with
fisheries management. The combination of artificial propagation programs
and harvest management must be designed to provide as many benefits and
as few biological risks as possible for the listed species. For programs
whose purpose is to sustain fisheries, HGMPs must not compromise the
ability of FMEPs or other management plans to conserve listed salmonids.
(G) Adequate artificial propagation facilities exist to properly
rear progeny of naturally spawned broodstock, to maintain population
health and diversity, and to avoid hatchery-influenced selection or
domestication.
(H) Adequate monitoring and evaluation exist to detect and evaluate
the success of the hatchery program and any risks potentially impairing
the recovery of the listed ESU.
(I) The HGMP provides for evaluating monitoring data and making any
revisions of assumptions, management
[[Page 143]]
strategies, or objectives that data show are needed;
(J) NMFS provides written concurrence of the HGMP which specifies
the implementation and reporting requirements. For Federally operated or
funded hatcheries, the ESA section 7 consultation will achieve this
purpose.
(K) The HGMP is consistent with plans and conditions set within any
Federal court proceeding with continuing jurisdiction over tribal
harvest allocations.
(ii) The state monitors the amount of take of listed salmonids
occurring in its hatchery program and provides to NMFS on a regular
basis a report summarizing this information, and the implementation and
effectiveness of the HGMP as defined in NMFS' letter of concurrence. The
state shall provide NMFS with access to all data and reports prepared
concerning the implementation and effectiveness of the HGMP.
(iii) The state confers with NMFS on a regular basis regarding
intended collections of listed broodstock to ensure congruity with the
approved HGMP.
(iv) Prior to final approval of an HGMP, NMFS will publish
notification in the Federal Register announcing its availability for
public review and comment for a period of at least 30 days.
(v) NMFS' approval of a plan shall be a written approval by NMFS
Southwest or Northwest Regional Administrator, as appropriate.
(vi) On a regular basis, NMFS will evaluate the effectiveness of the
HGMP in protecting and achieving a level of salmonid productivity
commensurate with the conservation of the listed salmonids. If the HGMP
is not effective, the NMFS will identify to the jurisdiction ways in
which the program needs to be altered or strengthened. If the
responsible agency does not make changes to respond adequately to the
new information, NMFS will publish notification in the Federal Register
announcing its intention to withdraw the limit on activities associated
with that program. Such an announcement will provide for a comment
period of no less than 30 days, after which NMFS will make a final
determination whether to withdraw the limit so that take prohibitions,
likeall other activity not within a limit, would then apply to that
program. A template for developing HGMPs is available from NMFS
Northwest Region's website (www.nwr.noaa.gov).
(6) The prohibitions of paragraph (a) of this section relating to
threatened species of salmonids listed in Sec. 223.102 (a)(2) through
(a)(21) do not apply to actions undertaken in compliance with a resource
management plan developed jointly by the States of Washington, Oregon
and/or Idaho and the Tribes (joint plan) within the continuing
jurisdiction of United States v. Washington or United States v. Oregon,
the on-going Federal court proceedings to enforce and implement reserved
treaty fishing rights, provided that:
(i) The Secretary has determined pursuant to 50 CFR 223.209 and the
government-to-government processes therein that implementing and
enforcing the joint tribal/state plan will not appreciably reduce the
likelihood of survival and recovery of affected threatened ESUs.
(ii) The joint plan will be implemented and enforced within the
parameters set forth in United States v. Washington orUnited States v.
Oregon.
(iii) In making that determination for a joint plan, the Secretary
has taken comment on how any fishery management plan addresses the
criteria in Sec. 223.203(b)(4), or on how any hatchery and genetic
management plan addresses the criteria in Sec. 223.203(b)(5).
(iv) The Secretary shall publish notice in the Federal Register of
any determination whether or not a joint plan, will appreciably reduce
the likelihood of survival and recovery of affected threatened ESUs,
together with a discussion of the biological analysis underlying that
determination.
(v) On a regular basis, NMFS will evaluate the effectiveness of the
joint plan in protecting and achieving a level of salmonid productivity
commensurate with conservation of the listed salmonids. If the plan is
not effective, then NMFS will identify to the jurisdiction ways in which
the joint plan needs to be altered or strengthened. If the responsible
agency does not make changes to respond adequately to
[[Page 144]]
the new information, NMFS will publish notification in the Federal
Register announcing its intention to withdraw the limit on activities
associated with that joint plan. Such an announcement will provide for a
comment period of no less than 30 days, after which NMFS will make a
final determination whether to withdraw the limit so that take
prohibitions would then apply to that joint plan as to all other
activity not within a limit.
(7) The prohibitions of paragraph (a) of this section relating to
threatened species of salmonids listed in Sec. 223.102(a)(2) through
(a)(21) do not apply to scientific research activities provided that:
(i) Scientific research activities involving purposeful take is
conducted by employees or contractors of the ODFW, WDFW (Agencies),
IDFG, or CDFG (Agencies), or as a part of a monitoring and research
program overseen by or coordinated with that Agency.
(ii) The Agencies provide for NMFS' review and approval a list of
all scientific research activities involving direct take planned for the
coming year, including an estimate of the total direct take that is
anticipated, a description of the study design, including a
justification for taking the species and a description of the techniques
to be used, and a point of contact.
(iii) The Agencies annually provide to NMFS the results of
scientific research activities directed at threatened salmonids,
including a report of the direct take resulting from the studies and a
summary of the results of such studies.
(iv) Scientific research activities that may incidentally take
threatened salmonids are either conducted by agency personnel, or are in
accord with a permit issued by the Agency.
(v) The Agencies provide NMFS annually, for its review and approval,
a report listing all scientific research activities it conducts or
permits that may incidentally take threatened salmonids during the
coming year. Such reports shall also contain the amount of incidental
take of threatened salmonids occurring in the previous year's scientific
research activities and a summary of the results of such research.
(vi) Electrofishing in any body of water known or suspected to
contain threatened salmonids is conducted in accordance with NMFS
``Guidelines for Electrofishing Waters Containing Salmonids Listed Under
the Endangered Species Act'' (NMFS, 2000a).
(vii) NMFS' approval of a research program shall be a written
approval by NMFS Northwest or Southwest Regional Administrator.
(8) The prohibitions of paragraph (a) of this section relating to
threatened species of salmonids listed in Sec. 223.102(a)(2) through
(a)(21) do not apply to habitat restoration activities, as defined in
paragraph (b)(8)(iv) of this section, provided that the activity is part
of a watershed conservation plan, and:
(i) The watershed conservation plan has been certified by the State
of Washington, Oregon, Idaho, or California (State) to be consistent
with the state's watershed conservation plan guidelines.
(ii) The State's watershed conservation plan guidelines have been
found by NMFS to provide for plans that:
(A) Take into account the potential severity of direct, indirect,
and cumulative impacts of proposed activities in light of the status of
affected species and populations.
(B) Will not reduce the likelihood of either survival or recovery of
listed species in the wild.
(C) Ensure that any taking will be incidental.
(D) Minimize and mitigate any adverse impacts.
(E) Provide for effective monitoring and adaptive management.
(F) Use the best available science and technology, including
watershed analysis.
(G) Provide for public and scientific review and input.
(H) Include any measures that NMFS determines are necessary or
appropriate.
(I) Include provisions that clearly identify those activities that
are part of plan implementation.
(J) Control risk to listed species by ensuring funding and
implementation of the above plan components.
[[Page 145]]
(iii) NMFS will periodically review state certifications of
Watershed Conservation Plans to ensure adherence to approved watershed
conservation plan guidelines.
(iv) ``Habitat restoration activity'' is defined as an activity
whose primary purpose is to restore natural aquatic or riparian habitat
conditions or processes. ``Primary purpose'' means the activity would
not be undertaken but for its restoration purpose.
(v) Prior to approving watershed conservation plan guidelines under
paragraph (b)(8)(ii) of this section, NMFS will publish notification in
the Federal Register announcing the availability of the proposed
guidelines for public review and comment. Such an announcement will
provide for a comment period on the draft guidelines of no less than 30
days.
(9) The prohibitions of paragraph (a) of this section relating to
threatened species of salmonids listed in Sec. 223.102(a)(2) through
(a)(21) do not apply to the physical diversion of water from a stream or
lake, provided that:
(i) NMFS' engineering staff or any resource agency or tribe NMFS
designates (authorized officer) has agreed in writing that the diversion
facility is screened, maintained, and operated in compliance with
Juvenile Fish Screen Criteria, National Marine Fisheries Service,
Northwest Region, Revised February 16, 1995, with Addendum of May 9,
1996, or in California with NMFS' Southwest Region ``Fish Screening
Criteria for Anadromous Salmonids, January 1997'' or with any subsequent
revision.
(ii) The owner or manager of the diversion allows any NMFS engineer
or authorized officer access to the diversion facility for purposes of
inspection and determination of continued compliance with the criteria.
(iii) On a case by case basis, NMFS or an Authorized Officer will
review and approve a juvenile fish screen design and construction plan
and schedule that the water diverter proposes for screen installation.
The plan and schedule will describe interim operation measures to avoid
take of threatened salmonids. NMFS may require a commitment of
compensatory mitigation if implementation of the plan and schedule is
terminated prior to completion. If the plan and schedule are not met, or
if a schedule modification is made that is not approved by NMFS or
Authorized Officer, or if the screen installation deviates from the
approved design, the water diversion will be subject to take
prohibitions and mitigation.
(iv) This limit on the prohibitions of paragraph (a) of this section
does not encompass any impacts of reduced flows resulting from the
diversion or impacts caused during installation of the diversion device.
These impacts are subject to the prohibition on take of listed
salmonids.
(10) The prohibitions of paragraph (a) of this section relating to
threatened species of salmonids listed in Sec. 223.102 (a)(2) through
(a)(21) do not apply to routine road maintenance activities provided
that:
(i) The activity results from routine road maintenance activity
conducted by ODOT employees or agents that complies with ODOT's
Transportation Maintenance Management System Water Quality and Habitat
Guide (July, 1999); or by employees or agents of a state, county, city
or port that complies with a program substantially similar to that
contained in the ODOT Guide that is determined to meet or exceed the
protections provided by the ODOT Guide; or by employees or agents of a
state, county, city or port that complies with a routine road
maintenance program that meets proper functioning habitat conditions as
described further in subparagraph (ii) following. NMFS' approval of
state, city, county, or port programs that are equivalent to the ODOT
program, or of any amendments, shall be a written approval by NMFS
Northwest or Southwest Regional Administrator, whichever is appropriate.
Any jurisdiction desiring its routine road maintenance activities to be
within this limit must first commit in writing to apply management
practices that result in protections equivalent to or better than those
provided by the ODOT Guide, detailing how it will assure adequate
training, tracking, and reporting, and
[[Page 146]]
describing in detail any dust abatement practices it requests to be
covered.
(ii) NMFS finds the routine road maintenance activities of any
state, city, county, or port to be consistent with the conservation of
listed salmonids' habitat when it contributes, as does the ODOT Guide,
to the attainment and maintenance of properly functioning condition
(PFC). NMFS defines PFC as the sustained presence of natural habitat-
forming processes that are necessary for the long-term survival of
salmonids through the full range of environmental variation. Actions
that affect salmonid habitat must not impair properly functioning
habitat, appreciably reduce the functioning of already impaired habitat,
or retard the long-term progress of impaired habitat toward PFC.
Periodically, NMFS will evaluate an approved program for its
effectiveness in maintaining and achieving habitat function that
provides for conservation of the listed salmonids. Whenever warranted,
NMFS will identify to the jurisdiction ways in which the program needs
to be altered or strengthened. Changes may be identified if the program
is not protecting desired habitat functions, or where even with the
habitat characteristics and functions originally targeted, habitat is
not supporting population productivity levels needed to conserve the
ESU. If any jurisdiction within the limit does not make changes to
respond adequately to the new information in the shortest amount of time
feasible, but not longer than one year, NMFS will publish notification
in the Federal Register announcing its intention to withdraw the limit
so that take prohibitions would then apply to the program as to all
other activity not within a limit. Such an announcement will provide for
a comment period of no less than 30 days, after which NMFS will make a
final determination whether to subject the activities to the ESA section
9(a)(1) prohibitions.
(iii) Prior to implementing any changes to a program within this
limit the jurisdiction provides NMFS a copy of the proposed change for
review and approval as within this limit.
(iv) Prior to approving any state, city, county, or port program as
within this limit, or approving any substantive change in a program
within this limit, NMFS will publish notification in the Federal
Register announcing the availability of the program or the draft changes
for public review and comment. Such an announcement will provide for a
comment period of not less than 30 days.
(v) Pesticide and herbicide spraying is not included within this
limit, even if in accord with the ODOT guidance.
(11) The prohibitions of paragraph (a) of this section relating to
threatened species of salmonids listed in Sec. 223.102 (a)(2) through
(a)(21) do not apply to activities within the City of Portland, Oregon
Parks and Recreation Department's (PP&R) Pest Management Program (March
1997), including its Waterways Pest Management Policy updated December
1, 1999, provided that:
(i) Use of only the following chemicals is included within this
limit on the take prohibitions: Round Up, Rodeo, Garlon 3A, Surfactant
LI-700, Napropamide, Cutrine Plus, and Aquashade.
(ii) Any chemical use is initiated in accord with the priorities and
decision processes of the Department's Pest Management Policy, including
the Waterways Pest Management Policy, updated December 1, 1999.
(iii) Any chemical use within a 25 ft. (7.5 m) buffer complies with
the buffer application constraints contained in PP&R's Waterways Pest
Management Policy (update December 1, 1999).
(iv) Prior to implementing any changes to this limit, the PP&R
provides NMFS with a copy of the proposed change for review and approval
as within this limit.
(v) Prior to approving any substantive change in a program within
this limit, NMFS will publish notification in the Federal Register
announcing the availability of the program or the draft changes for
public review and comment. Such an announcement will provide for a
comment period of no less than 30 days.
(vi) NMFS' approval of amendments shall be a written approval by
NMFS Northwest Regional Administrator.
[[Page 147]]
(vii) NMFS finds the PP&R Pest Management Program activities to be
consistent with the conservation of listed salmonids' habitat by
contributing to the attainment and maintenance of properly functioning
condition (PFC). NMFS defines PFC as the sustained presence of a
watershed's natural habitat-forming processes that are necessary for the
long-term survival of salmonids through the full range of environmental
variation. Actions that affect salmonid habitat must not impair properly
functioning habitat, appreciably reduce the functioning of already
impaired habitat, or retard the long-term progress of impaired habitat
toward PFC. Periodically, NMFS will evaluate the effectiveness of an
approved program in maintaining and achieving habitat function that
provides for conservation of the listed salmonids. Whenever warranted,
NMFS will identify to the jurisdiction ways in which the program needs
to be altered or strengthened. Changes may be identified if the program
is not protecting desired habitat functions, or where even with the
habitat characteristics and functions originally targeted, habitat is
not supporting population productivity levels needed to conserve the
ESU. If any jurisdiction within the limit does not make changes to
respond adequately to the new information in the shortest amount of time
feasible, but not longer than 1 year, NMFS will publish notification in
the Federal Register announcing its intention to withdraw the limit so
that take prohibitions would then apply to the program as to all other
activity not within a limit. Such an announcement will provide for a
comment period of no less than 30 days, after which NMFS will make a
final determination whether to subject the activities to the ESA section
9(a)(1) prohibitions.
(12) The prohibitions of paragraph (a) of this section relating to
threatened species of salmonids listed in Sec. 223.102 (a)(2) through
(a)(21) do not apply to municipal, residential, commercial, and
industrial (MRCI) development (including redevelopment) activities
provided that:
(i) Such development occurs pursuant to city, county, or regional
government ordinances or plans that NMFS has determined are adequately
protective of listed species; or within the jurisdiction of the Metro
regional government in Oregon and pursuant to ordinances that Metro has
found comply with its Urban Growth Management Functional Plan
(Functional Plan) following a determination by NMFS that the Functional
Plan is adequately protective. NMFS approval or determinations about any
MRCI development ordinances or plans, including the Functional Plan,
shall be a written approval by NMFS Northwest or Southwest Regional
Administrator, whichever is appropriate. NMFS will apply the following
12 evaluation considerations when reviewing MRCI development ordinances
or plans to assess whether they adequately conserve listed salmonids by
maintaining and restoring properly functioning habitat conditions:
(A) MRCI development ordinance or plan ensures that development will
avoid inappropriate areas such as unstable slopes, wetlands, areas of
high habitat value, and similarly constrained sites.
(B) MRCI development ordinance or plan adequately avoids stormwater
discharge impacts to water quality and quantity or to the hydrograph of
the watershed, including peak and base flows of perennial streams.
(C) MRCI development ordinance or plan provides adequately
protective riparian area management requirements to attain or maintain
PFC around all rivers, estuaries, streams, lakes, deepwater habitats,
and intermittent streams. Compensatory mitigation is provided, where
necessary, to offset unavoidable damage to PFC due to MRCI development
impacts to riparian management areas.
(D) MRCI development ordinance or plan avoids stream crossings by
roads, utilities, and other linear development wherever possible, and,
where crossings must be provided, minimize impacts through choice of
mode, sizing, and placement.
(E) MRCI development ordinance or plan adequately protects
historical stream meander patterns and channel migration zones and
avoids hardening of stream banks and shorelines.
[[Page 148]]
(F) MRCI development ordinance or plan adequately protects wetlands
and wetland functions, including isolated wetlands.
(G) MRCI development ordinance or plan adequately preserves the
hydrologic capacity of permanent and intermittent streams to pass peak
flows.
(H) MRCI development ordinance or plan includes adequate provisions
for landscaping with native vegetation to reduce need for watering and
application of herbicides, pesticides, and fertilizer.
(I) MRCI development ordinance or plan includes adequate provisions
to prevent erosion and sediment run-off during construction.
(J) MRCI development ordinance or plan ensures that water supply
demands can be met without impacting flows needed for threatened
salmonids either directly or through groundwater withdrawals and that
any new water diversions are positioned and screened in a way that
prevents injury or death of salmonids.
(K) MRCI development ordinance or plan provides necessary
enforcement, funding, reporting, and implementation mechanisms and
formal plan evaluations at intervals that do not exceed 5 years.
(L) MRCI development ordinance and plan complies with all other
state and Federal environmental and natural resource laws and permits.
(ii) The city, county or regional government provides NMFS with
annual reports regarding implementation and effectiveness of the
ordinances, including: any water quality monitoring information the
jurisdiction has available; aerial photography (or some other graphic
display) of each MRCI development or MRCI expansion area at sufficient
detail to demonstrate the width and vegetation condition of riparian
set-backs; information to demonstrate the success of stormwater
management and other conservation measures; and a summary of any flood
damage, maintenance problems, or other issues.
(iii) NMFS finds the MRCI development activity to be consistent with
the conservation of listed salmonids' habitat when it contributes to the
attainment and maintenance of PFC. NMFS defines PFC as the sustained
presence of a watershed's habitat-forming processes that are necessary
for the long-term survival of salmonids through the full range of
environmental variation. Actions that affect salmonid habitat must not
impair properly functioning habitat, appreciably reduce the functioning
of already impaired habitat, or retard the long-term progress of
impaired habitat toward PFC. Periodically, NMFS will evaluate an
approved program for its effectiveness in maintaining and achieving
habitat function that provides for conservation of the listed salmonids.
Whenever warranted, NMFS will identify to the jurisdiction ways in which
the program needs to be altered or strengthened. Changes may be
identified if the program is not protecting desired habitat functions,
or where even with the habitat characteristics and functions originally
targeted, habitat is not supporting population productivity levels
needed to conserve the ESU. If any jurisdiction within the limit does
not make changes to respond adequately to the new information in the
shortest amount of time feasible, but not longer than 1 year, NMFS will
publish notification in the Federal Register announcing its intention to
withdraw the limit so that take prohibitions would then apply to the
program as to all other activity not within a limit. Such an
announcement will provide for a comment period of no less than 30 days,
after which NMFS will make a final determination whether to subject the
activities to the ESA section 9(a)(1) prohibitions.
(iv) Prior to approving any city, county, or regional government
ordinances or plans as within this limit, or approving any substantive
change in an ordinance or plan within this limit, NMFS will publish
notification in the Federal Register announcing the availability of the
ordinance or plan or the draft changes for public review and comment.
Such an announcement will provide for a comment period of no less than
30 days.
(13) The prohibitions of paragraph (a) of this section relating to
threatened species of salmonids listed in Sec. 223.102 (a)(2) through
(a) (22) do not apply to
[[Page 149]]
non-Federal forest management activities conducted in the State of
Washington provided that:
(i) The action is in compliance with forest practice regulations
adopted and implemented by the Washington Forest Practices Board that
NMFS has found are at least as protective of habitat functions as are
the regulatory elements of the Forests and Fish Report dated April 29,
1999, and submitted to the Forest Practices Board by a consortium of
landowners, tribes, and state and Federal agencies.
(ii) All non-regulatory elements of the Forests and Fish Report are
being implemented.
(iii) Actions involving use of herbicides, pesticides, or fungicides
are not included within this limit.
(iv) Actions taken under alternative plans are included in this
limit provided that the Washington Department of Natural Resources
(WDNR) finds that the alternate plans protect physical and biological
processes at least as well as the state forest practices rules and
provided that NMFS, or any resource agency or tribe NMFS designates, has
the opportunity to review the plan at every stage of the development and
implementation. A plan may be excluded from this limit if, after such
review, WDNR determines that the plan is not likely to adequately
protect listed salmon.
(v) Prior to determining that regulations adopted by the Forest
Practice Board are at least as protective as the elements of the Forests
and Fish Report, NMFS will publish notification in the Federal Register
announcing the availability of the Report and regulations for public
review and comment.
(vi) NMFS finds the activities to be consistent with the
conservation of listed salmonids' habitat by contributing to the
attainment and maintenance of PFC. NMFS defines PFC as the sustained
presence of a watershed's natural habitat-forming processes that are
necessary for the long-term survival of salmonids through the full range
of environmental variation. Actions that affect salmonid habitat must
not impair properly functioning habitat, appreciably reduce the
functioning of already impaired habitat, or retard the long-term
progress of impaired habitat toward PFC. Programs must meet this
biological standard in order for NMFS to find they qualify for a
habitat-related limit. NMFS uses the best available science to make
these determinations. NMFS may review and revise previous findings as
new scientific information becomes available. NMFS will evaluate the
effectiveness of the program in maintaining and achieving habitat
function that provides for conservation of the listed salmonids. If the
program is not adequate, NMFS will identify to the jurisdiction ways in
which the program needs to be altered or strengthened. Changes may be
identified if the program is not protecting desired habitat functions or
where even with the habitat characteristics and functions originally
targeted, habitat is not supporting population productivity levels
needed to conserve the ESU. If Washington does not make changes to
respond adequately to the new information, NMFS will publish
notification in the Federal Register announcing its intention to
withdraw the limit on activities associated with the program. Such an
announcement will provide for a comment period of no less than 30 days,
after which NMFS will make a final determination whether to subject the
activities to the ESA section 9(a)(1) take prohibitions.
(vii) NMFS approval of regulations shall be a written approval by
NMFS Northwest Regional Administrator.
(c) Affirmative Defense. In connection with any action alleging a
violation of the prohibitions of paragraph (a) of this section with
respect to the threatened species of salmonids listed in Sec. 223.102
(a)(2) through (a)(21), any person claiming the benefit of any limit
listed in paragraph (b) of this section or Sec. 223.204(a) shall have a
defense where the person can demonstrate that the limit is applicable
and was in force, and that the person fully complied with the limit at
the time of the alleged violation. This defense is an affirmative
defense that must be raised, pleaded, and proven by the proponent. If
proven, this defense will be an absolute defense to liability under
section 9(a)(1)(G) of the ESA with respect to the alleged violation.
[[Page 150]]
(d) Severability. The provisions of this section and the various
applications thereof are distinct and severable from one another. If any
provision or the application thereof to any person or circumstances is
stayed or determined to be invalid, such stay or invalidity shall not
affect other provisions, or the application of such provisions to other
persons or circumstances, which can be given effect without the stayed
or invalid provision or application.
Appendix A to Sec. 223.203--List of Guidance Documents
The following is a list of documents cited in the regulatory text.
Copies of these documents may be obtained upon request from the
Northwest or Southwest Regional Administrators (see Table 1 in Sec.
600.502 of this title).
1. Oregon Department of Transportation (ODOT) Maintenance Management
System Water Quality and Habitat Guide (July, 1999).
2. Guidelines for Electrofishing Waters Containing Salmonids Listed
Under the Endangered Species Act.
3. Fish Screening Criteria for Anadromous Salmonids, National Marine
Fisheries Service, Southwest Region, 1997.
4. Viable Salmonid Populations and the Recovery of Evolutionarily
Significant Units. (June 2000).
[65 FR 42475, July 10, 2000, as amended at 67 FR 1129, Jan. 9, 2002; 67
FR 68725, Nov. 12, 2002; 70 FR 37202, 37203, June 28, 2005]
Sec. 223.204 Tribal plans.
(a) Limits on the prohibitions. The prohibitions of Sec. 223.203(a)
of this subpart relating to threatened species of salmonids listed in
Sec. 223.102 do not apply to any activity undertaken by a tribe, tribal
member, tribal permittee, tribal employee, or tribal agent in compliance
with a Tribal resource management plan (Tribal Plan), provided that the
Secretary determines that implementation of such Tribal Plan will not
appreciably reduce the likelihood of survival and recovery of the listed
salmonids. In making that determination the Secretary shall use the best
available biological data (including any tribal data and analysis) to
determine the Tribal Plan's impact on the biological requirements of the
species, and will assess the effect of the Tribal Plan on survival and
recovery, consistent with legally enforceable tribal rights and with the
Secretary's trust responsibilities to tribes.
(b) Consideration of a Tribal Plan. (1) A Tribal Plan may include
but is not limited to plans that address fishery harvest, artificial
production, research, or water or land management, and may be developed
by one tribe or jointly with other tribes. The Secretary will consult on
a government-to-government basis with any tribe that so requests and
will provide to the maximum extent practicable technical assistance in
examining impacts on listed salmonids and other salmonids as tribes
develop Tribal resource management plans that meet the management
responsibilities and needs of the tribes. A Tribal Plan must specify the
procedures by which the tribe will enforce its provisions.
(2) Where there exists a Federal court proceeding with continuing
jurisdiction over the subject matter of a Tribal Plan, the plan may be
developed and implemented within the ongoing Federal Court proceeding.
In such circumstances, compliance with the Tribal Plan's terms shall be
determined within that Federal Court proceeding.
(3) The Secretary shall seek comment from the public on the
Secretary's pending determination whether or not implementation of a
Tribal Plan will appreciably reduce the likelihood of survival and
recovery of the listed salmonids.
(4) The Secretary shall publish notification in the Federal Register
of any determination regarding a Tribal Plan and the basis for that
determination.
[65 FR 42485, July 10, 2000. Redesignated at 70 FR 37203, June 28, 2005]
Sec. 223.205 Sea turtles.
(a) The prohibitions of section 9 of the Act (16 U.S.C. 1538)
relating to endangered species apply to threatened species of sea
turtle, except as provided in Sec. 223.206.
(b) Except as provided in Sec. 223.206, it is unlawful for any
person subject to the jurisdiction of the United States to do any of the
following:
(1) Own, operate, or be on board a vessel, except if that vessel is
in compliance with all applicable provisions of Sec. 223.206(d);
(2) Fish for, catch, take, harvest, or possess, fish or wildlife
while on board
[[Page 151]]
a vessel, except if that vessel is in compliance with all applicable
provisions of Sec. 223.206(d);
(3) Fish for, catch, take, harvest, or possess, fish or wildlife
contrary to any notice of tow-time or other restriction specified in, or
issued under, Sec. 223.206(d)(3) or (d)(4);
(4) Possess fish or wildlife taken in violation of paragraph (b) of
this section;
(5) Fail to follow any of the sea turtle handling and resuscitation
requirements specified in Sec. 223.206(d)(1);
(6) Possess a sea turtle in any manner contrary to the handling and
resuscitation requirements of Sec. 223.206(d)(1);
(7) Fail to comply immediately, in the manner specified at Sec.
600.730 (b) through (d) of this Title, with instructions and signals
specified therein issued by an authorized officer, including
instructions and signals to haul back a net for inspection;
(8) Refuse to allow an authorized officer to board a vessel, or to
enter an area where fish or wildlife may be found, for the purpose of
conducting a boarding, search, inspection, seizure, investigation, or
arrest in connection with enforcement of this section;
(9) Destroy, stave, damage, or dispose of in any manner, fish or
wildlife, gear, cargo, or any other matter after a communication or
signal from an authorized officer, or upon the approach of such an
officer or of an enforcement vessel or aircraft, before the officer has
an opportunity to inspect same, or in contravention of directions from
the officer;
(10) Assault, resist, oppose, impede, intimidate, threaten,
obstruct, delay, prevent, or interfere with an authorized officer in the
conduct of any boarding, search, inspection, seizure, investigation, or
arrest in connection with enforcement of this section;
(11) Interfere with, delay, or prevent by any means, the
apprehension of another person, knowing that such person committed an
act prohibited by this section;
(12) Resist a lawful arrest for an act prohibited by this section;
(13) Make a false statement, oral or written, to an authorized
officer or to the agency concerning the fishing for, catching, taking,
harvesting, landing, purchasing, selling, or transferring fish or
wildlife, or concerning any other matter subject to investigation under
this section by such officer, or required to be submitted under this
part 223;
(14) Sell, barter, trade or offer to sell, barter, or trade, a TED
that is not an approved TED;
(15) Fail to comply with the restrictions set forth in Sec.
223.206(d)(10) regarding pound net leaders; or
(16) Attempt to do, solicit another to do, or cause to be done, any
of the foregoing.
(c) In connection with any action alleging a violation of this
section, any person claiming the benefit of any exemption, exception, or
permit under this subpart B has the burden of proving that the
exemption, exception, or permit is applicable, was granted, and was
valid and in force at the time of the alleged violation. Further, any
person claiming that a modification made to a TED that is the subject of
such an action complies with the requirements of Sec. 223.207 (c) or
(d) has the burden of proving such claim.
[64 FR 14069, Mar. 23, 1999, as amended at 67 FR 41203, June 17, 2002;
69 FR 25012, May 5, 2004]
Sec. 223.206 Exceptions to prohibitions relating to sea turtles.
(a) Permits--(1) Scientific research, education, zoological
exhibition, or species enhancement permits. The Assistant Administrator
may issue permits authorizing activities which would otherwise be
prohibited under Sec. 223.205(a) for scientific or educational
purposes, for zoological exhibition, or to enhance the propagation or
survival of threatened species of sea turtles, in accordance with and
subject to the conditions of part 222, subpart C--General Permit
Procedures.
(2) Incidental-take permits. The Assistant Administrator may issue
permits authorizing activities that would otherwise be prohibited under
Sec. 223.205(a) in accordance with section 10(a)(1)(B) of the Act (16
U.S.C. 1539(a)(1)(B)), and in accordance with, and subject to, the
implementing regulations in part 222 of this chapter. Such permits may
be issued for the incidental taking of threatened and endangered species
of sea turtles.
[[Page 152]]
(b) Exception for injured, dead, or stranded specimens. If any
member of any threatened species of sea turtle is found injured, dead,
or stranded, any agent or employee of the National Marine Fisheries
Service, the Fish and Wildlife Service, the U.S. Coast Guard, or any
other Federal land or water management agency, or any agent or employee
of a state agency responsible for fish and wildlife who is designated by
his or her agency for such purposes, may, when acting in the course of
his or her official duties, take such specimens without a permit if such
taking is necessary to aid a sick, injured, or stranded specimen or
dispose of a dead specimen or salvage a dead specimen which may be
useful for scientific study. Whenever possible, live specimens shall be
returned to their aquatic environment as soon as possible. Every action
shall be reported in writing to the Assistant Administrator within 30
days, and reports of further occurrence shall be made as deemed
appropriate by the Assistant Administrator until the specimen is either
returned to its environment or disposed of. Reports shall be mailed by
registered or certified mail, return receipt requested, to the Assistant
Administrator and shall contain the following information:
(1) Name and position of the official or employee involved;
(2) Description of the specimen(s) involved;
(3) Date and location of disposal;
(4) Circumstances requiring the action;
(5) Method of disposal;
(6) Disposition of the specimen(s), including, where the specimen(s)
has been retained in captivity, a description of the place and means of
confinement, and the measures taken for its maintenance and care; and
(7) Such other information as the Assistant Administrator may
require.
(c) Exception for research or conservation. Any employee or agent of
the National Marine Fisheries Service, the Fish and Wildlife Service, or
a state fish and wildlife agency operating a conservation program
pursuant to the terms of a Cooperative Agreement with the National
Marine Fisheries Service or the Fish and Wildlife Service in accordance
with section 6(c) of the Act, designated by his or her agency for such
purposes, may, when acting in the course of his or her official duties,
take any threatened species to carry out scientific research or
conservation programs. All such takings shall be reported within 30 days
of the taking to the Assistant Administrator who may request additional
reports of the taking and research at the Assistant Administrator's
discretion.
(d) Exception for incidental taking. The prohibitions against taking
in Sec. 223.205(a) do not apply to the incidental take of any member of
a threatened species of sea turtle (i.e., a take not directed towards
such member) during fishing or scientific research activities, to the
extent that those involved are in compliance with all applicable
requirements of paragraphs (d)(1) through (d)(10) of this section, or in
compliance with the terms and conditions of an incidental take permit
issued pursuant to paragraph (a)(2) of this section.
(1) Handling and resuscitation requirements. (i) Any specimen taken
incidentally during the course of fishing or scientific research
activities must be handled with due care to prevent injury to live
specimens, observed for activity, and returned to the water according to
the following procedures:
(A) Sea turtles that are actively moving or determined to be dead as
described in paragraph (d)(1)(i)(C) of this section must be released
over the stern of the boat. In addition, they must be released only when
fishing or scientific collection gear is not in use, when the engine
gears are in neutral position, and in areas where they are unlikely to
be recaptured or injured by vessels.
(B) Resuscitation must be attempted on sea turtles that are
comatose, or inactive, as determined in paragraph (d)(1) of this
section, by:
(1) Placing the turtle on its bottom shell (plastron) so that the
turtle is right side up and elevating its hindquarters at least 6 inches
(15.2 cm) for a period of 4 up to 24 hours. The amount of the elevation
depends on the size of the turtle; greater elevations are needed for
larger turtles. Periodically, rock the turtle gently left to right and
right to left by holding the outer edge of the shell (carapace) and
[[Page 153]]
lifting one side about 3 inches (7.6 cm) then alternate to the other
side. Gently touch the eye and pinch the tail (reflex test) periodically
to see if there is a response.
(2) Sea turtles being resuscitated must be shaded and kept damp or
moist but under no circumstance be placed into a container holding
water. A water-soaked towel placed over the head, carapace, and flippers
is the most effective method in keeping a turtle moist.
(3) Sea turtles that revive and become active must be released over
the stern of the boat only when fishing or scientific collection gear is
not in use, when the engine gears are in neutral position, and in areas
where they are unlikely to be recaptured or injured by vessels. Sea
turtles that fail to respond to the reflex test or fail to move within 4
hours (up to 24, if possible) must be returned to the water in the same
manner as that for actively moving turtles.
(C) A turtle is determined to be dead if the muscles are stiff
(rigor mortis) and/or the flesh has begun to rot; otherwise the turtle
is determined to be comatose or inactive and resuscitation attempts are
necessary.
(ii) In addition to the provisions of paragraph (d)(1)(i) of this
section, a person aboard a vessel in the Atlantic, including the
Caribbean Sea and the Gulf of Mexico, that has pelagic longline gear on
board and that has been issued, or is required to have, a limited access
permit for highly migratory species under 50 CFR 635.4, must comply with
the handling and release requirements specified in 50 CFR 635.21.
(iii) Any specimen taken incidentally during the course of fishing
or scientific research activities must not be consumed, sold, landed,
offloaded, transshipped, or kept below deck.
(2) Gear requirements for trawlers--(i) TED requirement for shrimp
trawlers. Any shrimp trawler that is in the Atlantic Area or Gulf Area
must have an approved TED installed in each net that is rigged for
fishing. A net is rigged for fishing if it is in the water, or if it is
shackled, tied, or otherwise connected to any trawl door or board, or to
any tow rope, cable, pole or extension, either on board or attached in
any manner to the shrimp trawler. Exceptions to the TED requirement for
shrimp trawlers are provided in paragraph (d)(2)(ii) of this section.
(ii) Exemptions from the TED requirement--(A) Alternative tow-time
restrictions. A shrimp trawler is exempt from the TED requirements of
paragraph (d)(2)(i) of this section if it complies with the alternative
tow-time restrictions in paragraph (d)(3)(i) of this section and if it:
(1) Has on board no power or mechanical-advantage trawl retrieval
system (i.e., any device used to haul any part of the net aboard);
(2) Is a bait shrimper that retains all live shrimp on board with a
circulating seawater system, if it does not possess more than 32 lb.
(14.5 kg) of dead shrimp on board, if it has a valid original state
bait-shrimp license, and if the state license allows the licensed vessel
to participate in the bait shrimp fishery exclusively;
(3) Has only a pusher-head trawl, skimmer trawl, or wing net rigged
for fishing;
(4) Is in an area during a period for which tow-time restrictions
apply under paragraphs (d)(3)(ii) or (iii) of this section, if it
complies with all applicable provisions imposed under those paragraphs;
or
(5) Is using a single test net (try net) with a headrope length of
12 ft (3.6 m) or less and with a footrope length of 15 ft (4.6 m) or
less, if it is pulled immediately in front of another net or is not
connected to another net in any way, if no more than one test net is
used at a time, and if it is not towed as a primary net, in which case
the exemption under this paragraph (d)(2)(ii)(A) applies to the test
net.
(B) Exempted gear or activities. The following fishing gear or
activities are exempted from the TED requirements of paragraph (d)(2)(i)
of this section:
(1) A beam or roller trawl, if the frame is outfitted with rigid
vertical bars, and if none of the spaces between the bars, or between
the bars and the frame, exceeds 4 inches (10.2 cm); and
(2) A shrimp trawler fishing for, or possessing, royal red shrimp,
if royal red shrimp constitutes at least 90 percent (by weight) of all
shrimp either found on board, or offloaded from that shrimp trawler.
[[Page 154]]
(iii) Gear requirement--summer flounder trawlers--(A) TED
requirement. (1) Any summer flounder trawler in the summer flounder
fishery-sea turtle protection area must have an approved TED installed
in each net that is rigged for fishing. A net is rigged for fishing if
it is in the water, or if it is shackled, tied, or otherwise connected
to any trawl door or board, or to any tow rope, cable, pole or
extension, either on board or attached in any manner to the summer
flounder trawler. Exceptions to the TED requirement for summer flounder
trawlers are provided in paragraph (d)(2)(iii)(B) of this section.
(2) Any approved hard TED or special hard TED installed in a summer
flounder trawl must be installed in a TED extension. The TED extension
is a cylindrical piece of webbing distinct from the main trawl's body,
wings, codend, and any other net extension(s). The TED extension must be
constructed of webbing no larger than 3.5 inch (8.9 cm) stretched mesh.
The TED extension must extend at least 24 inches (61.0 cm) but not more
than 36 inches (91.4 cm) forward of the leading edge of the TED and aft
of the trailing edge of the grid.
(B) Exemptions from the TED requirement. Any summer flounder trawler
north of 35[deg]46.1[min] N. lat. (Oregon Inlet, NC) from January 15
through March 15 annually is exempt from the TED requirement of
paragraph (d)(2)(iii)(A) of this section, unless the Assistant
Administrator determines that TED use is necessary to protect sea
turtles or ensure compliance, pursuant to the procedures of paragraph
(d)(4) of this section.
(C) Monitoring. Summer flounder trawlers must carry onboard a NMFS-
approved observer if requested by the Southeast Regional Administrator
or the Northeast Regional Administrator. A written notification will be
sent to the address specified for the vessel in either the NMFS or state
fishing permit application, or to the address specified for registration
or documentation purposes, or upon written notification otherwise served
on the owner or operator of the vessel. Owners and operators must comply
with the terms and conditions specified in such written notification.
All NMFS-approved observers will report any violations of this section,
or other applicable regulations and laws. Information collected by
observers may be used for enforcement purposes.
(D) Additional sea turtle conservation measures. The Assistant
Administrator may impose other such restrictions upon summer flounder
trawlers as the Assistant Administrator deems necessary or appropriate
to protect sea turtles and ensure compliance, pursuant to the procedures
of paragraph (d)(4) of this section. Such measures may include, but are
not limited to, a requirement to use TEDs in areas other than summer
flounder fishery-sea turtle protection area, a requirement to use
limited tow-times, and closure of the fishery.
(3) Tow-time restrictions--(i) Duration of tows. If tow-time
restrictions are utilized pursuant to paragraph (d)(2)(ii), (d)(3)(ii),
or (d)(3)(iii) of this section, a shrimp trawler must limit tow times.
The tow time is measured from the time that the trawl door enters the
water until it is removed from the water. For a trawl that is not
attached to a door, the tow time is measured from the time the codend
enters the water until it is removed from the water. Tow times may not
exceed:
(A) 55 minutes from April 1 through October 31; and
(B) 75 minutes from November 1 through March 31.
(ii) Alternative--special environmental conditions. The Assistant
Administrator may allow compliance with tow-time restrictions, as an
alternative to the TED requirement of paragraph (d)(2)(i) of this
section, if the Assistant Administrator determines that the presence of
algae, seaweed, debris or other special environmental conditions in a
particular area makes trawling with TED-equipped nets impracticable.
(iii) Substitute--ineffectiveness of TEDs. The Assistant
Administrator may require compliance with tow-time restrictions, as a
substitute for the TED requirement of paragraph (d)(2)(i) of this
section, if the Assistant Administrator determines that TEDs are
ineffective in protecting sea turtles.
(iv) Notice; applicability; conditions. The Assistant Administrator
will publish notification concerning any tow-
[[Page 155]]
time restriction imposed under paragraph (d)(3)(ii) or (iii) of this
section in the Federal Register and will announce it in summary form on
channel 16 of the marine VHF radio. A notification of tow-time
restrictions will include findings in support of these restrictions as
an alternative to, or as substitute for, the TED requirements. The
notification will specify the effective dates, the geographic area where
tow-time restrictions apply, and any applicable conditions or
restrictions that the Assistant Administrator determines are necessary
or appropriate to protect sea turtles and ensure compliance, including,
but not limited to, a requirement to carry observers, to register
vessels in accordance with procedures at paragraph (d)(5) of this
section, or for all shrimp trawlers in the area to synchronize their tow
times so that all trawl gear remains out of the water during certain
times. A notification withdrawing tow-time restrictions will include
findings in support of that action.
(v) Procedures. The Assistant Administrator will consult with the
appropriate fishery officials (state or Federal) where the affected
shrimp fishery is located in issuing a notification concerning tow-time
restrictions. An emergency notification can be effective for a period of
up to 30 days and may be renewed for additional periods of up to 30 days
each if the Assistant Administrator finds that the conditions
necessitating the imposition of tow-time restrictions continue to exist.
The Assistant Administrator may invite comments on such an action, and
may withdraw or modify the action by following procedures similar to
those for implementation. The Assistant Administrator will implement any
permanent tow-time restriction through rulemaking.
(4) Limitations on incidental takings during fishing activities--(i)
Limitations. The exemption for incidental takings of sea turtles in
paragraph (d) of this section does not authorize incidental takings
during fishing activities if the takings:
(A) Would violate the restrictions, terms, or conditions of an
incidental take statement or biological opinion;
(B) Would violate the restrictions, terms, or conditions of an
incidental take permit; or
(C) May be likely to jeopardize the continued existence of a species
listed under the Act.
(ii) Determination; restrictions on fishing activities. The
Assistant Administrator may issue a determination that incidental
takings during fishing activities are unauthorized. Pursuant thereto,
the Assistant Administrator may restrict fishing activities in order to
conserve a species listed under the Act, including, but not limited to,
restrictions on the fishing activities of vessels subject to paragraph
(d)(2) of this section. The Assistant Administrator will take such
action if the Assistant Administrator determines that restrictions are
necessary to avoid unauthorized takings that may be likely to jeopardize
the continued existence of a listed species. The Assistant Administrator
may withdraw or modify a determination concerning unauthorized takings
or any restriction on fishing activities if the Assistant Administrator
determines that such action is warranted.
(iii) Notice; applicability; conditions. The Assistant Administrator
will publish a notification of a determination concerning unauthorized
takings or a notification concerning the restriction of fishing
activities in the Federal Register. The Assistant Administrator will
provide as much advance notice as possible, consistent with the
requirements of the Act, and will announce the notification in summary
form on channel 16 of the marine VHF radio. Notification of a
determination concerning unauthorized takings will include findings in
support of that determination; specify the fishery, including the target
species and gear used by the fishery, the area, and the times, for which
incidental takings are not authorized; and include such other conditions
and restrictions as the Assistant Administrator determines are necessary
or appropriate to protect sea turtles and ensure compliance.
Notification of restriction of fishing activities will include findings
in support of the restriction, will specify the time and area where the
restriction is applicable, and will specify any applicable
[[Page 156]]
conditions or restrictions that the Assistant Administrator determines
are necessary or appropriate to protect sea turtles and ensure
compliance. Such conditions and restrictions may include, but are not
limited to, limitations on the types of fishing gear that may be used,
tow-time restrictions, alteration or extension of the periods of time
during which particular tow-time requirements apply, requirements to use
TEDs, registration of vessels in accordance with procedures at paragraph
(d)(5) of this section, and requirements to provide observers.
Notification of withdrawal or modification will include findings in
support of that action.
(iv) Procedures. The Assistant Administrator will consult with the
appropriate fisheries officials (state or Federal) where the fishing
activities are located in issuing notification of a determination
concerning unauthorized takings or notification concerning the
restriction of fishing activities. An emergency notification will be
effective for a period of up to 30 days and may be renewed for
additional periods of up to 30 days each. The Assistant Administrator
may invite comments on such action, and may withdraw or modify the
action by following procedures similar to those for implementation. The
Assistant Administrator will implement any permanent determination or
restriction through rulemaking.
(5) [Reserved]
(6) [Reserved]
(7) Restrictions applicable to gillnet fisheries in North Carolina.
No person may fish with gillnet fishing gear which has a stretched mesh
size larger than 4\1/4\ inches (10.8 cm), annually from September 1
through December 15, in the inshore waters of Pamlico Sound, North
Carolina, and all contiguous tidal waters, bounded on the north by
35[deg]46.3[min] N. lat., on the south by 35[deg]00[min] N. lat., and on
the west by 76[deg]30[min] W. long.
(8) Restrictions applicable to large-mesh gillnet fisheries in the
mid-Atlantic region. No person may fish (including, but not limited to,
setting, hauling back, or leaving in the ocean) with, or possess any
gillnet with a stretched mesh size larger than 8 inches (20.3 cm),
unless all gillnets are covered with canvas or other similar material
and lashed or otherwise securely fastened to the deck or the rail, and
all buoys larger than 6 inches (15.24 cm) in diameter, high flyers, and
anchors are disconnected. This restriction applies in the Atlantic
Exclusive Economic Zone (as defined in 50 CFR 600.10) during the
following time periods and in the following areas:
(i) Waters north of 33[deg]51.0[min] N (North Carolina/South
Carolina border at the coast) and south of 35[deg]46.0[min] N (Oregon
Inlet) at any time;
(ii) Waters north of 35[deg]46.0[min] N (Oregon Inlet) and south of
36[deg]22.5[min] N (Currituck Beach Light, NC) from March 16 through
January 14;
(iii) Waters north of 36[deg]22.5[min] N (Currituck Beach Light, NC)
and south of 37[deg]34.6[min] N (Wachapreague Inlet, VA) from April 1
through January 14; and
(iv) Waters north of 37[deg]34.6[min] N (Wachapreague Inlet, VA) and
south of 37[deg]56.0[min] N (Chincoteague, VA) from April 16 through
January 14.
(9) Restrictions applicable to Pacific pelagic longline vessels. In
addition to the general prohibitions specified in Sec. 600.725 of
Chapter VI, it is unlawful for any person who is not operating under a
western Pacific longline permit under Sec. 660.21 to do any of the
following on the high seas of the Pacific Ocean east of 150[deg] W.
long. and north of the equator (0[deg] N. lat.):
(i) Direct fishing effort toward the harvest of swordfish (Xiphias
gladius) using longline gear.
(ii) Possess a light stick on board a longline vessel. A light stick
as used in this paragraph is any type of light emitting device,
including any fluorescent glow bead, chemical, or electrically powered
light that is affixed underwater to the longline gear.
(iii) An operator of a longline vessel subject to this section may
land or possess no more than 10 swordfish from a fishing trip where any
part of the trip included fishing east of 150[deg] W. long. and north of
the equator (0[deg] N. lat.).
(iv) Fail to employ basket-style longline gear such that the
mainline is deployed slack when fishing.
(v) When a conventional monofilament longline is deployed by a
vessel, no fewer than 15 branch lines
[[Page 157]]
may be set between any two floats. Vessel operators using basket-style
longline gear must set a minimum of 10 branch lines between any 2
floats.
(vi) Longline gear must be deployed such that the deepest point of
the main longline between any two floats, i.e., the deepest point in
each sag of the main line, is at a depth greater than 100 m (328.1 ft or
54.6 fm) below the sea surface.
(10) Restrictions applicable to pound nets in Virginia--(i) Area
closed to use of pound net leaders. During the time period of May 6
through July 15 each year, any offshore pound net leader, as defined in
the definition for pound net leader in Sec. 222.102, in the Virginia
waters of the mainstem Chesapeake Bay, south of 37[deg]19.0[min] N. lat.
and west of 76[deg]13.0[min] W. long., and all waters south of
37[deg]13.0[min] N. lat. to the Chesapeake Bay Bridge Tunnel (extending
from approximately 37[deg]05[min] N. lat., 75[deg]59[min] W. long. to
36[deg]55[min] N. lat., 76[deg]08[min] W. long.) at the mouth of the
Chesapeake Bay, and the portion of the James River downstream of the
Hampton Roads Bridge Tunnel (I-64; approximately 36[deg]59.55[min] N.
lat., 76[deg]18.64[min] W. long.) and the York River downstream of the
Coleman Memorial Bridge (Route 17; approximately 37[deg]14.55[min] N.
lat, 76[deg]30.40[min] W. long.) must be removed from the water so that
no part of the leader contacts the water. All pound net leaders must be
removed from the waters described in this subparagraph prior to May 6
and may not be reset until July 16.
(ii) Area with pound net leader mesh size restrictions. During the
time period of May 6 to July 15 each year, any pound net leader in the
Virginia waters of the Chesapeake Bay outside the area described in (i),
extending to the Maryland-Virginia State line (approximately
37[deg]55[min] N. lat., 75[deg]55[min] W. long.), the Great Wicomico
River downstream of the Jessie Dupont Memorial Highway Bridge (Route
200; approximately 37[deg]50.84[min] N. lat, 76[deg]22.09[min] W.
long.), the Rappahannock River downstream of the Robert Opie Norris Jr.
Bridge (Route 3; approximately 37[deg]37.44[min] N. lat,
76[deg]25.40[min] W. long.), and the Piankatank River downstream of the
Route 3 Bridge (approximately 37[deg]30.62[min] N. lat,
76[deg]25.19[min] W. long.) to the COLREGS line at the mouth of the
Chesapeake Bay, must have only mesh size less than 12 inches (30.5 cm)
stretched mesh and may not employ stringers. South of 37[deg]19.0 N.
lat. and west of 76[deg]13.0[min] W. long., and all waters south of
37[deg]13.0[min] N. lat. to the Chesapeake Bay Bridge Tunnel (extending
from approximately 37[deg]05[min] N. lat., 75[deg]59[min] W. long. to
36[deg]55[min] N. lat., 76[deg]08[min] W. long.), the leader restriction
applies to nearshore pound nets, as defined in the definition for pound
net leader in Sec. 222.102. Any pound net leader with stretched mesh
measuring 12 inches (30.5 cm) or greater or any pound net leader with
stringers must be removed from the waters described in this paragraph
(d) prior to May 6 and may not be reset until July 16.
(iii) Reporting requirement. At any time during the year, if a sea
turtle is taken live and uninjured in a pound net operation, the
operator of the vessel must report the incident to the NMFS Northeast
Regional Office, (978) 281-9328 or fax (978) 281-9394, within 24 hours
of returning from the trip in which the incidental take was discovered.
The report shall include a description of the sea turtles condition at
the time of release and the measures taken as required in paragraph
(d)(1) of this section. At any time during the year, if a sea turtle is
taken in a pound net operation, and is determined to be injured, or if a
turtle is captured dead, the operator of the vessel shall immediately
notify NMFS Northeast Regional Office and the appropriate rehabilitation
or stranding network, as determined by NMFS Northeast Regional Office.
(iv) Monitoring. Owners or operators of pound net fishing operations
must allow access to the pound net gear so it may be observed by a NMFS-
approved observer if requested by the Northeast Regional Administrator.
All NMFS-approved observers will report any violations of this section,
or other applicable regulations and laws. Information collected by
observers may be used for law enforcement purposes.
(v) Expedited modification of restrictions and effective dates. From
May 6 to July 15 of each year, if NMFS receives information that one sea
turtle is entangled alive or that one sea turtle is entangled dead, and
NMFS determines that the entanglement contributed to
[[Page 158]]
its death, in pound net leaders that are in compliance with the
restrictions described in paragraph (d)(10)(ii) of this section, NMFS
may issue a final rule modifying the restrictions on pound net leaders
as necessary to protect threatened sea turtles. Such modifications may
include, but are not limited to, reducing the maximum allowable mesh
size of pound net leaders and prohibiting the use of pound net leaders
regardless of mesh size. In addition, if information indicates that a
significant level of sea turtle entanglements, impingements or
strandings will likely continue beyond July 15, NMFS may issue a final
rule extending the effective date of the restrictions, including any
additional restrictions imposed under this subparagraph, for an
additional 15 days, but not beyond July 30, to protect threatened sea
turtles.
[64 FR 14070, Mar. 23, 1999, as amended at 64 FR 55863, Oct. 15, 1999;
66 FR 1603, Jan. 9, 2001; 66 FR 44551, Aug. 24, 2001; 66 FR 50354, Oct.
3, 2001; 66 FR 52362, Oct. 15, 2001; 66 FR 67496, Dec. 31, 2001; 67 FR
13101, Mar. 21, 2002; 67 FR 41203, June 17, 2002; 67 FR 56934, Sept. 6,
2002; 67 FR 71899, Dec. 3, 2002; 67 FR 78392, Dec. 24, 2002; 68 FR 8467,
Feb. 21, 2003; 68 FR 41945, July 16, 2003; 68 FR 69967, Dec. 16, 2003;
69 FR 11545, Mar. 11, 2004; 69 FR 25012, May 5, 2004; 69 FR 18453, Apr.
7, 2004; 69 FR 40753, July 6, 2004]
Effective Date Notes: 1. At 64 FR 14070, Mar. 23, 1999, newly
redesignated Sec. 223.206 was revised. Paragraph (d)(5) contains
information collection and recordkeeping requirements and will not
become effective until approval has been given by the Office of
Management and Budget.
2. At 67 FR 41203, June 17, 2002, Sec. 223.206 was amended by
adding paragraph (d)(2)(v). Paragraph (d)(2)(v)(C) contains information
collection and recordkeeping requirements and will not become effective
until approval has been given by the Office of Management and Budget.
Sec. 223.207 Approved TEDs.
Any netting, webbing, or mesh that may be measured to determine
compliance with this section is subject to measurement, regardless of
whether it is wet or dry. Any such measurement will be of the stretched
mesh size.
(a) Hard TEDs. Hard TEDs are TEDs with rigid deflector grids and are
categorized as ``hooped hard TEDs'' and ``single-grid hard TEDs'' such
as the Matagorda and Georgia TED (Figures 3 & 4 to this part). Hard TEDs
complying with the following generic design criteria are approved TEDs:
(1) Construction materials--(i) Single-grid and inshore hooped hard
TED. A single-grid hard TED or an inshore hooped hard TED must be
constructed of one or a combination of the following materials, with
minimum dimensions as follows:
(A) Solid steel rod with a minimum outside diameter of 1/4 inch
(0.64 cm);
(B) Fiberglass or aluminum rod with a minimum outside diameter of 1/
2 inch (1.27 cm); or
(C) Steel or aluminum tubing with a minimum outside diameter of 1/2
inch (1.27 cm) and a minimum wall thickness of 1/8 inch (0.32 cm) (also
known as schedule 40 tubing).
(ii) Offshore hooped hard TED. An offshore hooped hard TED must be
constructed of aluminum, with minimum dimensions as follows:
(A) Solid rod with a minimum outside diameter of 5/8 inch (1.59 cm);
or
(B) Tubing with a minimum outside diameter of 1 inch (2.54 cm) and a
minimum wall thickness of 1/8 inch (0.32 cm).
(2) Method of attachment. A hard TED must be sewn into the trawl
around the entire circumference of the TED with heavy twine.
(3) Angle of deflector bars. (i) The angle of the deflector bars
must be between 30[deg] and 55[deg] from the normal, horizontal flow
through the interior of the trawl, except as provided in paragraph
(a)(3)(ii) of this section.
(ii) For any shrimp trawler fishing in the Gulf SFSTCA or the
Atlantic SFSTCA, a hard TED with the position of the escape opening at
the bottom of the net when the net is in its deployed position, the
angle of the deflector bars from the normal, horizontal flow through the
interior of the trawl, at any point, must not exceed 55[deg], and the
angle of the bottom-most 4 inches (10.2 cm) of each deflector bar,
measured along the bars, must not exceed 45[deg] (Figures 14a and 14b to
this part).
(4) Space between bars. The space between deflector bars and the
deflector bars and the TED frame must not exceed 4 inches (10.2 cm).
(5) Direction of bars. The deflector bars must run from top to
bottom of
[[Page 159]]
the TED, as the TED is positioned in the net, except that up to four of
the bottom bars and two of the top bars, including the frame, may run
from side to side of the TED. The deflector bars must be permanently
attached to the TED frame or to the horizontal bars, if used, at both
ends.
(6) Position of the escape opening. The escape opening must be made
by removing a rectangular section of webbing from the trawl, except for
a TED with an escape opening size described at paragraph (a)(7)(ii)(A)
for which the escape opening may alternatively be made by making a
horizontal cut along the same plane as the TED. The escape opening must
be centered on and immediately forward of the frame at either the top or
bottom of the net when the net is in the deployed position. The escape
opening must be at the top of the net when the slope of the deflector
bars from forward to aft is upward, and must be at the bottom when such
slope is downward. The passage from the mouth of the trawl through the
escape opening must be completely clear of any obstruction or
modification, other than those specified in paragraph (d) of this
section.
(7) Size of escape opening--(i) Hooped hard TEDs--(A) Escape opening
for inshore hooped hard TED. The inshore hooped hard TED escape opening
must have a horizontal measurement of no less than 35 inches (89 cm)
wide and a forward measurement of no less than 27 inches (69 cm). A
hinged door frame may be used to partially cover the escape opening as
provided in paragraph (d)(7) of this section. Alternatively, a webbing
flap may be used as provided in paragraph (d)(3)(i) of this section. The
resultant opening with a webbing flap must be a minimum width of 35
inches (89 cm) and a minimum height of 20 inches (51 cm), with each
measurement taken simultaneously. This opening may only be used in
inshore waters, except it may not be used in the inshore waters of
Georgia and South Carolina.
(B) Escape opening for offshore hooped hard TED. The offshore hooped
hard TED escape opening must have a horizontal measurement of no less
than 40 inches (102 cm) wide and a forward measurement of no less than
35 inches (89 cm). A hinged door frame may be used to partially cover
the escape opening as provided in paragraph (d)(7) of this section.
Alternatively, a webbing flap may be used as provided in paragraph
(d)(3)(ii) of this section. The resultant escape opening with a webbing
flap must have a stretched mesh circumference of no less than 142 inches
(361 cm).
(ii) Single-grid hard TEDs. On a single-grid hard TED, the
horizontal cut(s) for the escape opening may not be narrower than the
outside width of the TED frame minus 4 inches (10.2 cm) on both sides of
the grid, when measured as a straight line width. Fore-and-aft cuts to
remove a rectangular piece of webbing must be made from the ends of the
horizontal cuts along a single row of meshes along each side. The
overall size of the escape opening must match one of the following
specifications:
(A) 44-inch inshore opening. The escape opening must have a minimum
width of 44 inches (112 cm) and a minimum height of 20 inches (51 cm)
with each measurement taken separately. A webbing flap, as described in
paragraph (d)(3)(i) of this section, may be used with this escape hole,
so long as this minimum opening size is achieved. This opening may only
be used in inshore waters, except it may not be used in the inshore
waters of Georgia and South Carolina.
(B) The 71-inch offshore opening: The two forward cuts of the escape
opening must not be less than 26 inches (66 cm) long from the points of
the cut immediately forward of the TED frame. The resultant length of
the leading edge of the escape opening cut must be no less than 71
inches (181 cm) with a resultant circumference of the opening being 142
inches (361 cm) (Figure 12 to this part). A webbing flap, as described
in paragraph (d)(3)(ii) of this section, may be used with this escape
hole, so long as this minimum opening size is achieved. Either this
opening or the one described in paragraph (a)(7)(ii)(C) of this section
must be used in all offshore waters and in all inshore waters in Georgia
and South Carolina, but may also be used in other inshore waters.
(C) Double cover offshore opening. The two forward cuts of the
escape opening must not be less than 20 inches (51 cm)
[[Page 160]]
long from the points of the cut immediately forward of the TED frame.
The resultant length of the leading edge of the escape opening cut must
be no less than 56 inches (142 cm)(Figure 16 to this part illustrates
the dimensions of these cuts). A webbing flap, as described in paragraph
(d)(3)(iii) of this section, may be used with this escape hole. Either
this opening or the one described in paragraph (a)(7)(ii)(B) of this
section must be used in all offshore waters but also in all inshore
waters in Georgia and South Carolina, and may be used in other inshore
waters.
(8) Size of hoop or grid--(i) Hooped hard TED--(A) Inshore hooped
hard TED. The front hoop on an inshore hooped hard TED must have an
inside horizontal measurement of at least 35 inches (89 cm) and an
inside vertical measurement of at least 30 inches (76 cm). The minimum
clearance between the deflector bars and the forward edge of the escape
opening must be at least 20 inches (51 cm).
(B) Offshore hooped hard TED. The front hoop on an offshore hooped
hard TED must have an inside horizontal measurement of at least 40
inches (102 cm) and an inside vertical measurement of at least 30 inches
(76 cm). The minimum clearance between the deflector bars and the
forward edge of the escape opening must be at least 23 1/4 inches (59
cm).
(ii) Single-grid hard TED. A single-grid hard TED must have a
minimum outside horizontal and vertical measurement of 32 inches (81
cm). The required outside measurements must be at the mid-point of the
deflector grid.
(9) Flotation. Floats must be attached to the top one-half of all
hard TEDs with bottom escape openings. The floats may be attached either
outside or inside the net, but not to a flap. Floats attached inside the
net must be behind the rear surface of the TED. Floats must be attached
with heavy twine or rope. Floats must be constructed of aluminum, hard
plastic, expanded polyvinyl chloride, or expanded ethylene vinyl acetate
unless otherwise specified. The requirements of this paragraph may be
satisfied by compliance with either the dimension requirements of
paragraph (a)(9)(i) of this section, or the buoyancy requirements of
paragraph (a)(9)(ii) of this section, or the buoyancy-dimension
requirements of paragraph (a)(9)(iii) of this section. If roller gear is
used pursuant to paragraph (d)(5) of this section, the roller gear must
be included in the circumference measurement of the TED or the total
weight of the TED.
(i) Float dimension requirements. (A) For hard TEDs with a
circumference of 120 inches (304.8 cm) or more, a minimum of either one
round, aluminum or hard plastic float, no smaller than 9.8 inches (25.0
cm) in diameter, or two expanded polyvinyl chloride or expanded ethylene
vinyl acetate floats, each no smaller than 6.75 inches (17.2 cm) in
diameter by 8.75 inches (22.2 cm) in length, must be attached.
(B) For hard TEDs with a circumference of less than 120 inches
(304.8 cm), a minimum of either one round, aluminum or hard plastic
float, no smaller than 9.8 inches (25.0 cm) in diameter, or one expanded
polyvinyl chloride or expanded ethylene vinyl acetate float, no smaller
than 6.75 inches (17.2 cm) in diameter by 8.75 inches (22.2 cm) in
length, must be attached.
(ii) Float buoyancy requirements. Floats of any size and in any
combination must be attached such that the combined buoyancy of the
floats, as marked on the floats, equals or exceeds the weight of the
hard TED, as marked on the TED. The buoyancy of the floats and the
weight of the TED must be clearly marked on the floats and the TED as
follows:
(A) Float buoyancy markings. Markings on floats must be made in
clearly legible raised or recessed lettering by the original
manufacturer. The marking must identify the buoyancy of the float in
water, expressed in grams or kilograms, and must include the metric unit
of measure. The marking may additionally include the buoyancy in English
units. The marking must identify the nominal buoyancy for the
manufactured float.
(B) TED weight markings. The marking must be made by the original
TED manufacturer and must be permanent and clearly legible. The marking
must identify the in-air, dry weight of the TED, expressed in grams or
kilograms, and must include the metric unit of
[[Page 161]]
measure. The marking may additionally include the weight in English
units. The marked weight must represent the actual weight of the
individual TED as manufactured. Previously manufactured TEDs may be
marked upon return to the original manufacturer. Where a TED is
comprised of multiple detachable components, the weight of each
component must be separately marked.
(iii) Buoyancy-dimension requirements. Floats of any size and in any
combination, provided that they are marked pursuant to paragraph
(a)(9)(ii)(A) of this section, must be attached such that the combined
buoyancy of the floats equals or exceeds the following values:
(A) For floats constructed of aluminum or hard plastic, regardless
of the size of the TED grid, the combined buoyancy must equal or exceed
14 lb (6.4 kg);
(B) For floats constructed of expanded polyvinyl chloride or
expanded ethylene vinyl acetate, where the circumference of the TED is
120 inches (304.8 cm) or more, the combined buoyancy must equal or
exceed 20 lb (9.1 kg); or
(C) For floats constructed of expanded polyvinyl chloride or
expanded ethylene vinyl acetate, where the circumference of the TED is
less than 120 inches (304.8 cm), the combined buoyancy must equal or
exceed 10 lb (4.5 kg).
(b) Special Hard TEDs. Special hard TEDs are hard TEDs which do not
meet all of the design and construction criteria of the generic
standards specified in paragraph (a) of this section. The following
special hard TEDs are approved TEDs:
(1) Flounder TED. (Figure 10 to this part). The Flounder TED is
approved for use only in the Atlantic summer flounder bottom trawl
fishery. The Flounder TED is not an approved TED for use by shrimp
trawlers. The Flounder TED must be constructed of at least 1 1/4 inch
(3.2 cm) outside diameter aluminum or steel pipe with a wall thickness
of at least 1/8 inch (0.3 cm). It must have a rectangular frame with
outside dimensions which can be no less than 51 inches (129.5 cm) in
length and 32 inches (81.3 cm) in width. It must have at least five
vertical deflector bars, with bar spacings of no more than 4 inches
(10.2 cm). The vertical bars must be connected to the top of the frame
and to a single horizontal bar near the bottom. The horizontal bar must
be connected at both ends to the sides of the frame and parallel to the
bottom bar of the frame. There must be a space no larger than 10 inches
(25.4 cm) between the horizontal bar and the bottom bar of the frame.
One or more additional vertical bars running from the bottom bar to the
horizontal bar must divide the opening at the bottom into two or more
rectangles, each with a maximum height of 10 inches (25.4 cm) and a
maximum width of 14 1/2 inches (36.8 cm). This TED must comply with
paragraph (a)(2) of this section. The angle of the deflector bars must
be between 30 and 55 from the normal, horizontal flow through the
interior of the trawl. The entire width of the escape opening from the
trawl must be centered on and immediately forward of the frame at the
top of the net when the net is in its deployed position. The escape
opening must be at the top of the net and the slope of the deflector
bars from forward to aft is upward. The escape opening must be cut
horizontally along the same plane as the TED, and may not be cut in a
fore-and-aft direction. The cut in the trawl webbing for the escape
opening cannot be narrower than the outside width of the grid minus 4
inches (10.2 cm) on both sides of the grid, when measured as a straight
line width. The resulting escape opening in the net webbing must measure
at least 35 inches (88.9 cm) in horizontal taut length and,
simultaneously, 12 inches (30.5 cm) in vertical taut height. The
vertical measurement must be taken at the midpoint of the horizontal
measurement. This TED may not be configured with a bottom escape
opening. Installation of an accelerator funnel is not permitted with
this TED.
(2) Weedless TED. The weedless TED must meet all the requirements of
paragraph (a) of this section for single-grid hard TEDs, with the
exception of paragraphs (a)(1) and (a)(5) of this section. The weedless
TED must be constructed of at least 1-1/4 inch (3.2 cm) outside diameter
aluminum with a wall
[[Page 162]]
thickness of at least 1/8 inch (0.3 cm). The deflector bars must run
from top to bottom of the TED, as the TED is positioned in the net. The
ends of the deflectors bars on the side of the frame opposite to the
escape opening must be permanently attached to the frame. The ends of
the deflector bars nearest the escape opening are not attached to the
frame and must lie entirely forward of the leading edge of the outer
frame. The ends of the unattached deflector bars must be no more than 4
inches (10.2 cm) from the frame and may not extend past the frame. A
horizontal brace bar to reinforce the deflector bars, constructed of the
same size or larger pipe as the deflector bars, must be permanently
attached to the frame and the rear face of each of the deflector bars at
a position anywhere between the vertical mid-point of the frame and the
unattached ends of the deflector bars. The horizontal brace bar may be
offset behind the deflector bars, using spacer bars, not to exceed 5
inches (12.7 cm) in length and constructed of the same size or larger
pipe as the deflector bars. See Figure 15.
(c) Soft TEDs. Soft TEDs are TEDs with deflector panels made from
polypropylene or polyethylene netting. The following soft TEDs are
approved TEDs:
(1) Parker TED. The Parker TED is a soft TED, consisting of a single
triangular panel, composed of webbing of two different mesh sizes, that
forms a complete barrier inside a trawl and that angles toward an escape
opening in the top of the trawl.
(i) Excluder Panel. (Figure 5 to this part) The excluder panel of
the Parker TED must be constructed of a single triangular piece of 8-
inch (20.3 cm) stretched mesh webbing and two trapezoidal pieces of 4-
inch (10.2-cm) stretched mesh webbing. The webbing must consist of
number 48 (3-mm thick) or larger polypropylene or polyethylene webbing
that is heat-set knotted or braided. The leading edge of the 8-inch
(20.3-cm) mesh panel must be 36 meshes wide. The 8-inch (20.3-cm) mesh
panel must be tapered on each side with all-bar cuts to converge on an
apex, such that the length of each side is 36 bars. The leading edges of
the 4-inch (10.2-cm) mesh panels must be 8 meshes wide. The edges of the
4-inch (10.2-cm) mesh panels must be cut with all-bar cuts running
parallel to each other, such that the length of the inner edge is 72
bars and the length of the outer edge is 89 bars and the resulting fore-
and-aft edge is 8 meshes deep. The two 4-inch (10.2-cm) mesh panels must
be sewn to the 8-inch (20.3-cm) mesh panel to create a single triangular
excluder panel. The 72-bar edge of each 4-inch (10.2-cm) mesh panel must
be securely joined with twine to one of the 36-bar edges of the 8-inch
(20.3-cm) mesh panel, tied with knots at each knot of the 4-inch (10.2-
cm) webbing and at least two wraps of twine around each bar of 4-inch
(10.2-cm) mesh and the adjoining bar of the 8-inch (20.3-cm) mesh. The
adjoining fore-and-aft edges of the two 4-inch (10.2-cm) mesh panels
must be sewn together evenly.
(ii) Limitations on which trawls may have a Parker TED installed.
The Parker TED must not be installed or used in a two-seam trawl with a
tongue, nor in a triple-wing trawl (a trawl with a tongue along the
headrope and a second tongue along the footrope). The Parker TED may be
installed and used in any other trawl if the taper of the body panels of
the trawl does not exceed 4b1p and if it can be properly installed in
compliance with paragraph (c)(1)(iii) of this section.
(iii) Panel installation--(A) Leading edge attachment. The leading
edge of the excluder panel must be attached to the inside of the bottom
of the trawl across a straight row of meshes. For a two-seam trawl or a
four-seam, tapered-wing trawl, the row of meshes for attachment to the
trawl must run the entire width of the bottom body panel, from seam to
seam. For a four-seam, straight-wing trawl, the row of meshes for
attachment to the trawl must run the entire width of the bottom body
panel and half the height of each wing panel of the trawl. Every mesh of
the leading edge of the excluder panel must be evenly sewn to this row
of meshes; meshes may not be laced to the trawl. The row of meshes for
attachment to the trawl must contain the following number of meshes,
depending on the stretched mesh size used in the trawl:
(1) For a mesh size of 2\1/4\ inches (5.7 cm), 152-168 meshes;
[[Page 163]]
(2) For a mesh size of 2\1/8\ inches (5.4 cm), 161-178 meshes;
(3) For a mesh size of 2 inches (5.1 cm), 171-189 meshes;
(4) For a mesh size of 1\7/8\ inches (4.8 cm), 182-202 meshes;
(5) For a mesh size of 1\3/4\ inches (4.4 cm), 196-216 meshes;
(6) For a mesh size of 1\5/8\ inches (4.1 cm), 211-233 meshes;
(7) For a mesh size of 1\1/2\ inches (3.8 cm), 228-252 meshes;
(8) For a mesh size of 1\3/8\ inches (3.5 cm), 249-275 meshes; and
(9) For a mesh size of 1\1/4\ inches (3.2 cm), 274-302 meshes.
(B) Apex attachment. The apex of the triangular excluder panel must
be attached to the inside of the top body panel of the trawl at the
centerline of the trawl. The distance, measured aft along the centerline
of the top body panel from the same row of meshes for attachment of the
excluder panel to the bottom body panel of the trawl, to the apex
attachment point must contain the following number of meshes, depending
on the stretched mesh size used in the trawl:
(1) For a mesh size of 2\1/4\ inches (5.7 cm), 78-83 meshes;
(2) For a mesh size of 2\1/8\ inches (5.4 cm), 83-88 meshes;
(3) For a mesh size of 2 inches (5.1 cm), 87-93 meshes;
(4) For a mesh size of 1\7/8\ inches (4.8 cm), 93-99 meshes;
(5) For a mesh size of 1\3/4\ inches (4.4 cm), 100-106 meshes;
(6) For a mesh size of 1\5/8\ inches (4.1 cm), 107-114 meshes;
(7) For a mesh size of 1\1/2\ inches (3.8 cm), 114-124 meshes;
(8) For a mesh size of 1\3/8\ inches (3.5 cm), 127-135 meshes; and
(9) For a mesh size of 1\1/4\ inches (3.2 cm), 137-146 meshes.
(C) Side attachment. The sides of the excluder panel must be
attached evenly to the inside of the trawl from the outside attachment
points of the excluder panel's leading edge to the apex of the excluder
panel. Each side must be sewn with the same sewing sequence, and, if the
sides of the excluder panel cross rows of bars in the trawl, the
crossings must be distributed evenly over the length of the side
attachment.
(iv) Escape opening. The escape opening for the Parker soft TED must
match one of the following specifications:
(A) Inshore opening. This opening is the minimum size opening that
may be used in inshore waters, except it may not be used in the inshore
waters of Georgia and South Carolina, in which a larger minimum opening
is required. A slit at least 56 inches (1.4 m) in taut length must be
cut along the centerline of the top body panel of the trawl net
immediately forward of the apex of the panel webbing. The slit must not
be covered or closed in any manner. The edges and end points of the slit
must not be reinforced in any way; for example, by attaching additional
rope or webbing or by changing the orientation of the webbing.
(B) Offshore opening. A horizontal cut extending from the attachment
of one side of the deflector panel to the trawl to the attachment of the
other side of the deflector panel to the trawl must be made in a single
row of meshes across the top of the trawl and measure at least 96 inches
(244 cm) in taut width. All trawl webbing above the deflector panel
between the 96-inch (244-cm) cut and edges of the deflector panel must
be removed. A rectangular flap of nylon webbing not larger than 2-inch
(5.1-cm) stretched mesh may be sewn to the forward edge of the escape
opening. The width of the flap must not be larger than the width of the
forward edge of the escape opening. The flap must not extend more than
12 inches (30.4 cm) beyond the rear point of the escape opening. The
sides of the flap may be attached to the top of the trawl but must not
be attached farther aft than the row of meshes through the rear point of
the escape opening. One row of steel chain not larger than\3/16\ inch
(4.76 mm) may be sewn evenly to the back edge of the flap. The stretched
length of the chain must not exceed 96 inches (244 cm). A Parker TED
using the escape opening described in this paragraph meets the
requirements of Sec. 223.206(d)(2)(iv)(B). This opening or one that is
larger must be used in all offshore waters and in the inshore waters of
Georgia and South Carolina. It also may be used in other inshore waters.
[[Page 164]]
(2) [Reserved]
(d) Allowable modifications to hard TEDs and special hard TEDs.
Unless otherwise prohibited in paragraph (b) of this section, only the
following modifications may be made to an approved hard TED or an
approved special hard TED:
(1) Floats. In addition to floats required pursuant to paragraph
(a)(9) of this section, floats may be attached to the top one-half of
the TED, either outside or inside the net, but not to a flap. Floats
attached inside the net must be behind the rear surface at the top of
the TED.
(2) Accelerator funnel. An accelerator funnel may be installed in
the trawl, if it is made of net webbing material with a stretched mesh
size of not greater than 1 5/8 inches (4 cm), if it is inserted in the
net immediately forward of the TED, and if its rear edge does not extend
past the bars of the TED. The trailing edge of the accelerator funnel
may be attached to the TED on the side opposite the escape opening if
not more than one-third of the circumference of the funnel is attached,
and if the inside horizontal opening as described above in maintained.
In a bottom opening TED only the top one-third of the circumference of
the funnel may be attached to the TED. In a top opening TED only the
bottom one-third of the circumference of the funnel may be attached to
the TED.
(i) In inshore waters, other than the inshore waters of Georgia and
South Carolina in which a larger opening is required, the inside
horizontal opening of the accelerator funnel must be at least 44 inches
(112 cm).
(ii) In offshore waters and the inshore waters of Georgia and South
Carolina, the inside horizontal opening of the accelerator funnel must
be at least 71 inches (180 cm).
(3) Webbing flap. A webbing flap may be used to cover the escape
opening under the following conditions: No device holds it closed or
otherwise restricts the opening; it is constructed of webbing with a
stretched mesh size no larger than 1-5/8 inches (4 cm); it lies on the
outside of the trawl; it is attached along its entire forward edge
forward of the escape opening; it is not attached on the sides beyond
the row of meshes that lies 6 inches (15 cm) behind the posterior edge
of the grid; the sides of the flap are sewn on the same row of meshes
fore and aft; and the flap does not overlap the escape hole cut by more
than 5 inches (13 cm) on either side.
(i) 44-inch inshore TED flap. This flap may not extend more than 24
inches (61 cm) beyond the posterior edge of the grid.
(ii) 71-inch offshore TED Flap. The flap must be a 133-inch (338-cm)
by 52-inch (132-cm) piece of webbing. The 133-inch (338-cm) edge of the
flap is attached to the forward edge of the opening (71-inch (180-cm)
edge). The flap may extend no more than 24 inches (61 cm) behind the
posterior edge of the grid (Figure 12 to this part illustrates this
flap).
(iii) Double cover flap offshore TED flap. This flap must be
composed of two equal size rectangular panels of webbing. Each panel
must be no less than 58 inches (147 cm) wide and may overlap each other
no more than 15 inches (38 cm). The panels may only be sewn together
along the leading edge of the cut. The trailing edge of each panel must
not extend more than 24 inches (61 cm) past the posterior edge of the
grid (Figure 16 to this part). Each panel may be sewn down the entire
length of the outside edge of each panel. Chafing webbing described in
paragraph (d)(4) of this section may not be used with this type of flap.
(A) Edge lines. Optional edge lines can be used in conjunction with
this flap. The line must be made of polyethylene with a maximum diameter
of 3/8 inches (.95 cm). A single length of line must be used for each
flap panel. The line must be sewn evenly to the unattached, inside edges
and trailing edges, of each flap panel. When edge lines are installed,
the outside edge of each flap panel must be attached along the entire
length of the flap panel.
(B) [Reserved]
(4) Chafing webbing. A single piece of nylon webbing, with a twine
size no smaller than size 36 (2.46 mm in diameter), may be attached
outside of the escape opening webbing flap to prevent chafing on bottom
opening TEDs. This webbing may be attached along its leading edge only.
This webbing may
[[Page 165]]
not extend beyond the trailing edge or sides of the existing escape
opening webbing flap, and it must not interfere or otherwise restrict
the turtle escape opening.
(5) Roller gear. Roller gear may be attached to the bottom of a TED
to prevent chafing on the bottom of the TED and the trawl net. When a
webbing flap is used in conjunction with roller gear, the webbing flap
must be of a length such that no part of the webbing flap can touch or
come in contact with any part of the roller gear assembly or the means
of attachment of the roller gear assembly to the TED, when the trawl net
is in its normal, horizontal position. Roller gear must be constructed
according to one of the following design criteria:
(i) A single roller consisting of hard plastic shall be mounted on
an axle rod, so that the roller can roll freely about the axle. The
maximum diameter of the roller shall be 6 inches (15.24 cm), and the
maximum width of the axle rod shall be 12 inches (30.4 cm). The axle rod
must be attached to the TED by two support rods. The maximum clearance
between the roller and the TED shall not exceed 1 inch (2.5 cm) at the
center of the roller. The support rods and axle rod must be made from
solid steel or solid aluminum rod no larger than\1/2\ inch (1.28 cm) in
diameter. The attachment of the support rods to the TED shall be such
that there are no protrusions (lips, sharp edges, burrs, etc.) on the
front face of the grid. The axle rod and support rods must lie entirely
behind the plane of the face of the TED grid.
(ii) A single roller consisting of hard plastic tubing shall be
tightly tied to the back face of the TED grid with rope or heavy twine
passed through the center of the roller tubing. The roller shall lie
flush against the TED. The maximum outside diameter of the roller shall
be 3\1/2\ inches (8.0 cm), the minimum outside diameter of the roller
shall be 2 inches (5.1 cm), and the maximum length of the roller shall
be 12 inches (30.4 cm). The roller must lie entirely behind the plane of
the face of the grid.
(6) Water deflector fin for hooped hard TEDs. On a hooped hard TED,
a water deflector fin may be welded to the forward edge of the escape
opening. The fin must be constructed of a flat aluminum bar, up to 3/8
inch (0.95 cm) thick and up to 4 inches (10.2 cm) deep. The fin may be
as wide as the width of the escape opening, minus 1 inch (2.5 cm). The
fin must project aft into the TED with an angle between 5[deg] and
45[deg] from the normal, horizontal plane of the trawl. On an inshore
hooped hard TED, the clearance between the deflector bars and the
posterior edge of the deflector fin must be at least 20 inches (51 cm).
On an offshore hooped hard TED, the clearance between the deflector bars
and the posterior edge of the deflector fin must be at least 23-1/4
inches (59 cm).
(7) Hinged door frame for hooped hard TEDs. A hinged door frame may
be attached to the forward edge of the escape opening on a hooped hard
TED. The door frame must be constructed of materials specified at
paragraphs (a)(1)(i) or (a)(1)(ii) of this section for inshore and
offshore hooped hard TEDs, respectively. The door frame may be covered
with a single panel of mesh webbing that is taut and securely attached
with twine to the perimeter of the door frame, with a mesh size not
greater than that used for the TED extension webbing. The door frame
must be at least as wide as the TED escape opening. The door frame may
be a maximum of 24 inches (61 cm) long. The door frame must be connected
to the forward edge of the escape opening by a hinge device that allows
the door to open outwards freely. The posterior edge of the door frame,
in the closed position, must lie at least 12 inches (30 cm) forward of
the posterior edge of the escape opening. A water deflector fin may be
welded to the posterior edge of the hinged door frame. The fin must be
constructed of a flat aluminum bar, up to 3/8 inch (0.95 cm) thick and
up to four inches (10.2 cm) deep. The fin may be as wide as the width of
the escape opening, minus one inch (2.5 cm). The fin must project aft
into the TED with an angle between 5[deg] and 45[deg] from the normal,
horizontal plane of the trawl, when the door is in the closed position.
The clearance between the posterior edge of the escape opening and the
posterior edge of the door frame or the posterior edge of the water
deflector
[[Page 166]]
fin, if installed, must be no less than 12 inches (30 cm), when the door
is in the closed position. Two stopper ropes or a hinge limiter may be
used to limit the maximum opening height of the hinged door frame, as
long as they do not obstruct the escape opening in any way or restrict
the free movement of the door to its fully open position. When the door
is in its fully open position, the minimum clearance between any part of
the deflector bars and any part of the door, including a water deflector
fin if installed, must be at least 20 inches (51 cm) for an inshore
hooped hard TED and at least 23 1/4 inches (59 cm) for an offshore
hooped hard TED. The hinged door frame may not be used in combination
with a webbing flap specified at paragraph (d)(3) of this section or
with a water deflection fin specified at paragraph (d)(6) of this
section.
(e) Revision of generic design criteria, and approval of TEDs, of
allowable modifications of hard TEDs, and of special hard TEDs. (1) The
Assistant Administrator may revise the generic design criteria for hard
TEDs set forth in paragraph (a) of this section, may approve special
hard TEDs in addition to those listed in paragraph (b) of this section,
may approve allowable modifications to hard TEDs in addition to those
authorized in paragraph (d) of this section, or may approve other TEDs,
by regulatory amendment, if, according to a NMFS-approved scientific
protocol, the TED demonstrates a sea turtle exclusion rate of 97 percent
or greater (or an equivalent exclusion rate). Two such protocols have
been published by NMFS (52 FR 24262, June 29, 1987; and 55 FR 41092,
October 9, 1990) and will be used only for testing relating to hard TED
designs. Testing under any protocol must be conducted under the
supervision of the Assistant Administrator, and shall be subject to all
such conditions and restrictions as the Assistant Administrator deems
appropriate. Any person wishing to participate in such testing should
contact the Director, Southeast Fisheries Science Center, NMFS, 75
Virginia Beach Dr., Miami, FL 33149-1003.
(2) Upon application, the Assistant Administrator may issue permits,
subject to such conditions and restrictions as the Assistant
Administrator deems appropriate, authorizing public or private
experimentation aimed at improving shrimp retention efficiency of
existing approved TEDs and at developing additional TEDs, or conducting
fishery research, that would otherwise be subject to Sec.
223.206(d)(2). Applications should be made to the Southeast Regional
Administrator (see Sec. 222.102 definition of ``Southeast Regional
Administrator'').
[64 FR 14073, Mar. 23, 1999, as amended at 64 FR 55438, Oct. 13, 1999;
66 FR 1603, Jan. 9, 2001; 66 FR 24288, May 14, 2001; 68 FR 8467, Feb.
21, 2003; 68 FR 51514, Aug. 27, 2003; 68 FR 54934, Sept. 19, 2003; 69 FR
31037, June 2, 2004]
Effective Date Note: At 64 FR 14073, Mar. 23, 1999, Sec. 223.207
was added. Paragraphs (a)(9)(ii) (A) and (B) contain information
collection and recordkeeping requirements and will not become effective
until approval has been given by the Office of Management and Budget.
Sec. 223.209 [Reserved]
Figures 1-2 to Part 223 [Reserved]
[[Page 167]]
Figure 3 to Part 223--Matagorda TED
[GRAPHIC] [TIFF OMITTED] TC01JY91.047
[52 FR 24260, June 29, 1987. Redesignated at 57 FR 40868, Sept. 8, 1992]
Figure 4 to Part 223--Georgia TED
[GRAPHIC] [TIFF OMITTED] TC01JY91.048
[52 FR 24261, June 29, 1987. Redesignated at 57 FR 40868, Sept. 8, 1992]
[[Page 168]]
Figure 5 to Part 223--Net Diagram for the Excluder Panel of the Parker
Soft TED
[GRAPHIC] [TIFF OMITTED] TR13AP98.001
[63 FR 17958, Apr. 13, 1998]
[[Page 169]]
Figure 6 to Part 223--TED Extension in Summer Flounder Trawl
[GRAPHIC] [TIFF OMITTED] TR15OC99.001
[64 FR 55864, Oct. 15, 1999]
Figures 7-9b to Part 223 [Reserved]
[[Page 170]]
Figure 10 to Part 223--Flounder TED
[GRAPHIC] [TIFF OMITTED] TC01JY91.056
[58 FR 54069, Oct. 20, 1993]
Figure 11 to Part 223 [Reserved]
[[Page 171]]
Figure 12 to Part 223--Escape Opening & Cover Dimensions for 71-inch TED
[GRAPHIC] [TIFF OMITTED] TR21FE03.002
[68 FR 8469, Feb. 21, 2003]
[[Page 172]]
Figure 13 to Part 223--Single Grid Hard TED Escape Opening
[GRAPHIC] [TIFF OMITTED] TC01JY91.060
[60 FR 15520, Mar. 24, 1995]
[[Page 173]]
Figures 14a and 14b to Part 223--Maximum Angle of Deflector Bars With
Straight Bars Attached to the Bottom of the Frame and Maximum Angle of
Deflector Bars With Bent Bars Attached to the Bottom of the Frame
[GRAPHIC] [TIFF OMITTED] TR19DE96.002
[61 FR 66946, Dec. 19, 1996]
[[Page 174]]
Figure 15 to Part 223--Weedless TED Brace Bar Description
[GRAPHIC] [TIFF OMITTED] TR21FE03.003
[68 FR 8469, Feb. 21, 2003]
[[Page 175]]
Figure 16 to Part 223--Escape Opening and Flap Dimensions for the Double
Cover Flap TED
[GRAPHIC] [TIFF OMITTED] TR02JN04.003
[69 FR 31037, June 2, 2004]
[[Page 176]]
PART 224_ENDANGERED MARINE AND ANADROMOUS SPECIES--Table of Contents
Sec.
224.101 Enumeration of endangered marine and anadromous species.
224.102 Permits for endangered marine and anadromous species.
224.103 Special prohibitions for endangered marine mammals.
224.104 Special requirements for fishing activities to protect
endangered sea turtles.
Authority: 16 U.S.C. 1531-1543 and 16 U.S.C. 1361 et seq.
Source: 64 FR 14066, Mar. 23, 1999, unless otherwise noted.
Sec. 224.101 Enumeration of endangered marine and anadromous species.
The marine and anadromous species determined by the Secretary of
Commerce to be endangered pursuant to section 4(a) of the Act, as well
as species listed under the Endangered Species Conservation Act of 1969
by the Secretary of the Interior and currently under the jurisdiction of
the Secretary of Commerce, are the following:
(a) Marine and anadromous fish. The following table lists the common
and scientific names of endangered species, the locations where they are
listed, and the citations for the listings and critical habitat
designations.
----------------------------------------------------------------------------------------------------------------
Species \1\ Citation(s) for Citation for
-------------------------------------------- Where listed listing critical habitat
Common name Scientific name determination(s) designation
----------------------------------------------------------------------------------------------------------------
Shortnose sturgeon... Acipenser Everywhere.............. 32 FR 4001, Mar. 11, NA.
brevirostrum. 1967.
Smalltooth sawfish... Pristis pectinata... U.S.A................... 68 FR 15674, Apr. 1, NA.
2003.
Totoaba.............. Cynoscion macdonaldi Everywhere.............. 44 FR 29480, May 21, NA.
1979.
Atlantic salmon...... Salmon salar........ U.S.A., ME, Gulf of 65 FR 69459, Nov. NA.
Maine population, which 17, 2000.
includes all naturally
reproducing populations
and those river-
specific hatchery
populations cultured
from them.
Snake River sockeye.. Oncorhynchus nerka.. U.S.A., ID, including 56 FR 58619, Nov. 58 FR 68543, Dec.
all anadromous and 20, 1991. 28, 1993.
residual sockeye salmon June 28, 2005.......
from the Snake River
Basin, Idaho, as well
as artificially
propagated sockeye
salmon from the Redfish
Lake captive
propagation program.
Sacramento River Oncorhynchus U.S.A., CA, including 52 FR 6041; Feb. 27, 58 FR 33212, June
winter-run Chinook. tshawytscha. all naturally spawned 1987, 55 FR 49623; 16, 1993.
populations of winter- Nov. 30, 1990. 59
run Chinook salmon in FR 440; Jan. 1,
the Sacramento River 1994.
and its tributaries in June 28, 2005.......
California, as well as
two artificial
propagation programs:
winter-run Chinook from
the Livingston Stone
National Fish Hatchery
(NFH), and winter run
Chinook in a captive
broodstock program
maintained at
Livingston Stone NFH
and the University of
California Bodega
Marine Laboratory.
Upper Columbia spring- Oncorhynchus U.S.A., WA, including 64 FR 14308, Mar. NA.
run Chinook. tshawytscha. all naturally spawned 24, 1999. [vacated 9/29/03;
populations of Chinook June 28, 2005....... 68 FR 55900].
salmon in all river
reaches accessible to
Chinook salmon in
Columbia River
tributaries upstream of
the Rock Island Dam and
downstream of Chief
Joseph Dam in
Washington (excluding
the Okanogan River),
the Columbia River from
a straight line
connecting the west end
of the Clatsop jetty
(south jetty, Oregon
side) and the west end
of the Peacock jetty
(north jetty,
Washington side)
upstream to Chief
Joseph Dam in
Washington, as well as
six artificial
propagation programs:
the Twisp River,
Chewuch River, Methow
Composite, Winthrop
NFH, Chiwawa River, and
White River spring-run
Chinook hatchery
programs.
[[Page 177]]
Central California Oncorhynchus kisutch U.S.A., CA, including 61 FR 56138, Oct. 64 FR 24049,
Coast coho. all naturally spawned 31, 1996. May 5, 1999.
populations of coho June 28, 2005.......
salmon from Punta Gorda
in northern California
south to and including
the San Lorenzo River
in central California,
as well as populations
in tributaries to San
Francisco Bay,
excluding the
Sacramento-San Joaquin
River system, as well
four artificial
propagation programs:
the Don Clausen Fish
Hatchery Captive
Broodstock Program,
Scott Creek/King Fisher
Flats Conservation
Program, Scott Creek
Captive Broodstock
Program, and the Noyo
River Fish Station egg-
take Program coho
hatchery programs.
Southern California Oncorhynchus mykiss. U.S.A., CA, including 62 FR 43937, Aug. NA.
Steelhead. all naturally spawned 18, 1997. 67 FR [vacated 9/29/03;
populations of 21586, May 1, 2002. 68 FR 55900].
steelhead (and their
progeny), in streams
from the Santa Maria
River, San Luis Obispo
County, California,
(inclusive) to the
United States--Mexico
Border.
Upper Columbia River Oncorhynchus mykiss. U.S.A., WA, including 62 FR 43937, Aug. NA.
Steelhead. the Wells Hatchery 18, 1997. [vacated 9/29/03,
stock all naturally 68 FR 55900].
spawned populations of
steelhead (and their
progeny) in streams in
the Columbia River
Basin upstream from the
Yakima River,
Washington, to the
United States-Canada
border.
----------------------------------------------------------------------------------------------------------------
\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).
(b) Marine mammals. Blue whale (Balaenoptera musculus); Bowhead
whale (Balaena mysticetus); Caribbean monk seal (Monachus tropicalis);
Chinese river dolphin (Lipotes vexillifer); Cochito (Phocoena sinus);
Fin or finback whale (Balaenoptera physalus); Hawaiian monk seal
(Monachus schauinslandi); Humpback whale (Megaptera novaeangliae); Indus
River dolphin (Platanista minor); Mediterranean monk seal (Monachus
monachus); Right whales (Eubalaena spp.); Saimaa seal (Phoca hispida
saimensis); Sei whale (Balaenoptera borealis); Sperm whale (Physeter
catodon); Western North Pacific (Korean) gray whale (Eschrichtius
robustus); Steller sea lion, western population, (Eumetopias jubatus),
which consists of Stellar sea lions from breeding colonies located west
of 144[deg] W. longitude.
(c) Sea turtles. Green turtle (Chelonia mydas) breeding colony
populations in Florida and on the Pacific coast of Mexico; Hawksbill
turtle (Eretmochelys imbricata); Kemp's ridley turtle (Lepidochelys
kempii); Leatherback turtle (Dermochelys coriacea); Olive ridley turtle
(Lepidochelys olivacea) breeding colony population on the Pacific coast
of Mexico.
Note to Sec. 224.101(c):
Jurisdiction for sea turtles by the Department of Commerce, National
Oceanic and Atmospheric Administration, National Marine Fisheries
Service, is limited to turtles while in the water.
(d) Marine invertebrates. White abalone (Haliotis sorenseni).
[64 FR 14066, Mar. 23, 1999, as amended 64 FR 14328, Mar. 24, 1999; 65
FR 20918, Apr. 19, 2000; 65 FR 69481, Nov. 17, 2000; 66 FR 29055, May
29, 2001; 67 FR 21598, May 1, 2002; 68 FR 15680, Apr. 1, 2003; 70 FR
37203, June 28, 2005]
Sec. 224.102 Permits for endangered marine and anadromous species.
No person shall take, import, export, or engage in any activity
prohibited by section 9 of the Act involving any marine species that has
been determined to be endangered under the Endangered Species
Conservation Act of 1969 or the Act, and that is under the jurisdiction
of the Secretary, without a valid permit issued pursuant to part 222,
subpart C of this chapter.
Sec. 224.103 Special prohibitions for endangered marine mammals.
(a) Approaching humpback whales in Hawaii. Except as provided in
part 222, subpart C, of this chapter (General Permit Procedures), it is
unlawful for any person subject to the jurisdiction of
[[Page 178]]
the United States to commit, to attempt to commit, to solicit another to
commit, or to cause to be committed, within 200 nautical miles (370.4
km) of the Islands of Hawaii, any of the following acts with respect to
humpback whales (Megaptera novaeangliae):
(1) Operate any aircraft within 1,000 feet (300 m) of any humpback
whale;
(2) Approach, by any means, within 100 yard (90 m) of any humpback
whale;
(3) Cause a vessel or other object to approach within 100 yd (90 m)
of a humpback whale; or
(4) Disrupt the normal behavior or prior activity of a whale by any
other act or omission. A disruption of normal behavior may be manifested
by, among other actions on the part of the whale, a rapid change in
direction or speed; escape tactics such as prolonged diving, underwater
course changes, underwater exhalation, or evasive swimming patterns;
interruptions of breeding, nursing, or resting activities, attempts by a
whale to shield a calf from a vessel or human observer by tail swishing
or by other protective movement; or the abandonment of a previously
frequented area.
(b) Approaching humpback whales in Alaska--(1) Prohibitions. Except
as provided under paragraph (b)(2) of this section, it is unlawful for
any person subject to the jurisdiction of the United States to commit,
to attempt to commit, to solicit another to commit, or to cause to be
committed, within 200 nautical miles (370.4 km) of Alaska, or within
inland waters of the state, any of the acts in paragraphs (b)(1)(i)
through (b)(1)(iii) of this section with respect to humpback whales
(Megaptera novaeangliae):
(i) Approach, by any means, including by interception (i.e., placing
a vessel in the path of an oncoming humpback whale so that the whale
surfaces within 100 yards (91.4 m) of the vessel), within 100 yards
(91.4 m) of any humpback whale;
(ii) Cause a vessel or other object to approach within 100 yards
(91.4 m) of a humpback whale; or
(iii) Disrupt the normal behavior or prior activity of a whale by
any other act or omission, as described in paragraph (a)(4) of this
section.
(2) Exceptions. The following exceptions apply to this paragraph
(b), but any person who claims the applicability of an exception has the
burden of proving that the exception applies:
(i) Paragraph (b)(1) of this section does not apply if an approach
is authorized by the National Marine Fisheries Service through a permit
issued under part 222, subpart C, of this chapter (General Permit
Procedures) or through a similar authorization.
(ii) Paragraph (b)(1) of this section does not apply to the extent
that a vessel is restricted in her ability to maneuver and, because of
the restriction, cannot comply with paragraph (b)(1) of this section.
(iii) Paragraph (b)(1) of this section does not apply to commercial
fishing vessels lawfully engaged in actively setting, retrieving or
closely tending commercial fishing gear. For purposes of this paragraph
(b), commercial fishing means taking or harvesting fish or fishery
resources to sell, barter, or trade. Commercial fishing does not include
commercial passenger fishing operations (i.e. charter operations or
sport fishing activities).
(iv) Paragraph (b)(1) of this section does not apply to state,
local, or Federal government vessels operating in the course of official
duty.
(v) Paragraph (b)(1) of this section does not affect the rights of
Alaska Natives under 16 U.S.C. 1539(e).
(vi) These regulations shall not take precedence over any more
restrictive conflicting Federal regulation pertaining to humpback
whales, including the regulations at 36 CFR 13.65 that pertain
specifically to the waters of Glacier Bay National Park and Preserve.
(3) General measures. Notwithstanding the prohibitions and
exceptions in paragraphs (b)(1) and (2) of this section, to avoid
collisions with humpback whales, vessels must operate at a slow, safe
speed when near a humpback whale. ``Safe speed'' has the same meaning as
the term is defined in 33 U.S.C. 2006 and the International Regulations
for Preventing Collisions at Sea 1972 (see 33 U.S.C. 1602), with respect
to avoiding collisions with humpback whales.
[[Page 179]]
(c) Approaching right whales--(1) Prohibitions. Except as provided
under paragraph (c)(3) of this section, it is unlawful for any person
subject to the jurisdiction of the United States to commit, attempt to
commit, to solicit another to commit, or cause to be committed any of
the following acts:
(i) Approach (including by interception) within 500 yards (460 m) of
a right whale by vessel, aircraft, or any other means;
(ii) Fail to undertake required right whale avoidance measures
specified under paragraph (c)(2) of this section.
(2) Right whale avoidance measures. Except as provided under
paragraph (c)(3) of this section, the following avoidance measures must
be taken if within 500 yards (460 m) of a right whale:
(i) If underway, a vessel must steer a course away from the right
whale and immediately leave the area at a slow safe speed.
(ii) An aircraft must take a course away from the right whale and
immediately leave the area at a constant airspeed.
(3) Exceptions. The following exceptions apply to this section, but
any person who claims the applicability of an exception has the burden
of proving that the exception applies:
(i) Paragraphs (c)(1) and (c)(2) of this section do not apply if a
right whale approach is authorized by the National Marine Fisheries
Service through a permit issued under part 222, subpart C, of this
chapter (General Permit Procedures) or through a similar authorization.
(ii) Paragraphs (c)(1) and (c)(2) of this section do not apply where
compliance would create an imminent and serious threat to a person,
vessel, or aircraft.
(iii) Paragraphs (c)(1) and (c)(2) of this section do not apply when
approaching to investigate a right whale entanglement or injury, or to
assist in the disentanglement or rescue of a right whale, provided that
permission is received from the National Marine Fisheries Service or
designee prior to the approach.
(iv) Paragraphs (c)(1) and (c)(2) of this section do not apply to an
aircraft unless the aircraft is conducting whale watch activities.
(v) Paragraph (c)(2) of this section does not apply to the extent
that a vessel is restricted in her ability to maneuver and, because of
the restriction, cannot comply with paragraph (c)(2) of this section.
(d) Special prohibitions relating to endangered Steller sea lion
protection. The regulatory provisions set forth in part 223 of this
chapter, which govern threatened Steller sea lions, shall also apply to
the western population of Steller sea lions, which consists of all
Steller sea lions from breeding colonies located west of 144[deg] W.
long.
[64 FR 14066, Mar. 23, 1999, as amended at 66 FR 29509, May 31, 2001; 69
FR 69537, Nov. 30, 2004; 70 FR 1832, Jan. 11, 2005]
Sec. 224.104 Special requirements for fishing activities to protect
endangered sea turtles.
(a) Shrimp fishermen in the southeastern United States and the Gulf
of Mexico who comply with rules for threatened sea turtles specified in
Sec. 223.206 of this chapter will not be subject to civil penalties
under the Act for incidental captures of endangered sea turtles by
shrimp trawl gear.
(b) Summer flounder fishermen in the Summer flounder fishery-sea
turtle protection area who comply with rules for threatened sea turtles
specified in Sec. 223.206 of this chapter will not be subject to civil
penalties under the Act for incidental captures of endangered sea
turtles by summer flounder gear.
(c) Special prohibitions relating to sea turtles are provided at
Sec. 223.206 (d)(2)(iv).
[64 FR 14066, Mar. 23, 1999, as amended at 66 FR 44552, Aug. 24, 2001;
66 FR 67496, Dec. 31, 2001; 68 FR 8471, Feb. 21, 2003; 69 FR 18453, Apr.
7, 2004]
PART 225 [RESERVED]
PART 226_DESIGNATED CRITICAL HABITAT--Table of Contents
Sec.
226.101 Purpose and scope.
226.201 Critical habitat for Hawaiian monk seals.
226.202 Critical habitat for Steller sea lions.
226.203 Critical habitat for Northern right whales.
[[Page 180]]
226.204 Critical habitat for Sacramento winter-run chinook salmon.
226.205 Critical habitat for Snake River sockeye salmon, Snake River
fall chinook salmon, and Snake River spring/summer chinook
salmon.
226.206 [Reserved]
226.207 Critical habitat for leatherback turtle.
226.208 Critical habitat for green turtle.
226.209 Critical habitat for hawksbill turtle.
226.210 Central California Coast Coho Salmon (Oncorhynchus kisutch),
Southern Oregon/Northern California Coasts Coho Salmon
(Oncorhynchus kisutch).
226.211 Critical habitat for Seven Evolutionarily Significant Units
(ESUs) of Salmon (Oncorhynchus spp.) in California.
226.212 Critical habitat for 12 Evolutionarily Significant Units (ESUs)
of salmon and steelhead (Oncorhynchus spp.) in Washington,
Oregon and Idaho.
226.213 Critical habitat for Johnson's seagrass.
226.214 Critical habitat for Gulf sturgeon.
Table 1 to Part 226--Major Steller Sea Lion Rookery Sites
Table 2 to Part 226--Major Steller Sea Lion Haulout Sites in Alaska
Table 3 to Part 226--Hydrologic Units Containing Critical Habitat for
Snake River Sockeye Salmon and Snake River Spring/Summer and
Fall Chinook Salmon
Table 4 to Part 226 [Reserved]
Table 5 to Part 226--Hydrologic Units and Counties Containing Critical
Habitat for Central California Coast Coho Salmon, Tribal Lands
Within the Range of the ESU, and Dams/Reservoirs Representing
the Upstream Extent of Critical Habitat
Table 6 to Part 226--Hydrologic Units and Counties Containing Critical
Habitat for Southern Oregon/Northern California Coasts Coho
Salmon, Tribal Lands Within the Range of the ESU, and Dams/
Reservoirs Representing the Upstream Extent of Critical
Habitat
Authority: 16 U.S.C. 1533.
Sec. 226.101 Purpose and scope.
The regulations contained in this part identify those habitats
designated by the Secretary of Commerce as critical under section 4 of
the Act, for endangered and threatened species under the jurisdiction of
the Secretary of Commerce. Those species are enumerated at Sec. 223.102
of this chapter, if threatened and at Sec. 224.101 of this chapter, if
endangered. For regulations pertaining to the designation of critical
habitat, see part 424 of this title, and for regulations pertaining to
prohibitions against the adverse modification or destruction of critical
habitat, see part 402 of this title. Maps and charts identifying
designated critical habitat that are not provided in this section may be
obtained upon request to the Office of Protected Resources (see Sec.
222.102, definition of ``Office of Protected Resources'').
[64 FR 14067, Mar. 23, 1999]
Sec. 226.201 Critical habitat for Hawaiian monk seals.
Hawaiian Monk Seal
(Monachus schauinslandi)
All beach areas, sand spits and islets, including all beach crest
vegetation to its deepest extent inland, lagoon waters, inner reef
waters, and ocean waters out to a depth of 20 fathoms around the
following:
Kure Atoll (28[deg]24[min] N, 178[deg]20[min] W)
Midway Islands, except Sand Island and its harbor (28[deg]14[min] N,
177[deg]22[min] W)
Pearl and Hermes Reef (27[deg]55[min] N, 175[deg] W)
Lisianski Island (26[deg]46[min] N, 173[deg]58[min] W)
Laysan Island (25[deg]46[min] N, 171[deg]44[min] W)
Maro Reef (25[deg]25[min] N, 170[deg]35[min] W)
Gardner Pinnacles (25[deg]00[min] N, 168[deg]00[min] W)
French Frigate Shoals (23[deg]45[min] N, 166[deg]00[min] W)
Necker Island (23[deg]34[min] N, 164[deg]42[min] W)
Nihoa Island (23[deg]03.5[min] N, 161[deg]55.5[min] W).
[[Page 181]]
[GRAPHIC] [TIFF OMITTED] TC01JY91.000
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[GRAPHIC] [TIFF OMITTED] TC01JY91.001
[[Page 183]]
[GRAPHIC] [TIFF OMITTED] TC01JY91.002
[[Page 184]]
[GRAPHIC] [TIFF OMITTED] TC01JY91.003
[[Page 185]]
[GRAPHIC] [TIFF OMITTED] TC01JY91.004
[[Page 186]]
[GRAPHIC] [TIFF OMITTED] TC01JY91.005
[[Page 187]]
[GRAPHIC] [TIFF OMITTED] TC01JY91.006
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[GRAPHIC] [TIFF OMITTED] TC01JY91.007
[53 FR 18990, May 26, 1988. Redesignated at 64 FR 14067, Mar. 23, 1999]
[[Page 189]]
Sec. 226.202 Critical habitat for Stellar sea lions.
Steller Sea Lion (Eumetopias jubatus)
(a) Alaska rookeries, haulouts, and associated areas. In Alaska, all
major Steller sea lion rookeries identified in Table 1 and major
haulouts identified in Table 2 and associated terrestrial, air, and
aquatic zones. Critical habitat includes a terrestrial zone that extends
3,000 feet (0.9 km) landward from the baseline or base point of each
major rookery and major haulout in Alaska. Critical habitat includes an
air zone that extends 3,000 feet (0.9 km) above the terrestrial zone of
each major rookery and major haulout in Alaska, measured vertically from
sea level. Critical habitat includes an aquatic zone that extends 3,000
feet (0.9 km) seaward in State and Federally managed waters from the
baseline or basepoint of each major rookery and major haulout in Alaska
that is east of 144[deg] W. longitude. Critical habitat includes an
aquatic zone that extends 20 nm (37 km) seaward in State and Federally
managed waters from the baseline or basepoint of each major rookery and
major haulout in Alaska that is west of 144[deg] W. longitude.
(b) California and Oregon rookeries and associated areas. In
California and Oregon, all major Steller sea lion rookeries identified
in Table 1 and associated air and aquatic zones. Critical habitat
includes an air zone that extends 3,000 feet (0.9 km) above areas
historically occupied by sea lions at each major rookery in California
and Oregon, measured vertically from sea level. Critical habitat
includes an aquatic zone that extends 3,000 feet (0.9 km) seaward in
State and Federally managed waters from the baseline or basepoint of
each major rookery in California and Oregon.
(c) Three special aquatic foraging areas in Alaska. Three special
aquatic foraging areas in Alaska, including the Shelikof Strait area,
the Bogoslof area, and the Seguam Pass area.
(1) Critical habitat includes the Shelikof Strait area in the Gulf
of Alaska and consists of the area between the Alaska Peninsula and
Tugidak, Sitkinak, Aiaktilik, Kodiak, Raspberry, Afognak and Shuyak
Islands (connected by the shortest lines); bounded on the west by a line
connecting Cape Kumlik (56[deg]38[sec]/157[deg]27[min]W) and the
southwestern tip of Tugidak Island (56[deg]24[min]N/154[deg]41[min]W)
and bounded in the east by a line connecting Cape Douglas
(58[deg]51[min]N/153[deg]15[min]W) and the northernmost tip of Shuyak
Island (58[deg]37[min]N/152[deg]22[min]W).
(2) Critical habitat includes the Bogoslof area in the Bering Sea
shelf and consists of the area between 170[deg]00[min]W and
164[deg]00[min]W, south of straight lines connecting 55[deg]00[min]N/
170[deg]00[min]W and 55[deg]00[min]N/168[deg]00[min]W; 55[deg]30[min]N/
168[deg]00[min]W and 55[deg]30[min]N/166[deg]00[min]W; 56[deg]00[min]N/
166[deg]00[min]W and 56[deg]00[min]N/164[deg]00[min]W and north of the
Aleutian Islands and straight lines between the islands connecting the
following coordinates in the order listed:
52[deg]49.2[min]N/169[deg]40.4[min]W
52[deg]49.8[min]N/169[deg]06.3[min]W
53[deg]23.8[min]N/167[deg]50.1[min]W
53[deg]18.7[min]N/167[deg]51.4[min]W
53[deg]59.0[min]N/166[deg]17.2[min]W
54[deg]02.9[min]N/166[deg]03.0[min]W
54[deg]07.7[min]N/165[deg]40.6[min]W
54[deg]08.9[min]N/165[deg]38.8[min]W
54[deg]11.9[min]N/165[deg]23.3[min]W
54[deg]23.9[min]N/164[deg]44.0[min]W
(3) Critical habitat includes the Seguam Pass area and consists of
the area between 52[deg]00[min]N and 53[deg]00[min]N and between
173[deg]30[min]W and 172[deg]30[min]W.
[58 FR 45278, Aug. 27, 1993. Redesignated and amended at 64 FR 14067,
Mar. 23, 1999]
Sec. 226.203 Critical habitat for northern right whales.
Northern Right Whale (Eubalaena glacialis)
(a) Great South Channel. The area bounded by 41[deg]40[min] N/
69[deg]45[min] W; 41[deg]00[min] N/69[deg]05[min] W; 41[deg]38[min] N/
68[deg]13[min] W; and 42[deg]10[min] N/68[deg]31[min] W.
(b) Cape Cod Bay, Massachusetts. The area bounded by
42[deg]04.8[min] N/70[deg]10[min] W; 42[deg]12[min] N/70[deg]15[min] W;
42[deg]12[min] N/70[deg]30[min] W; 41[deg]46.8[min] N/70[deg]30[min] W
and on the south and east by the interior shore line of Cape Cod,
Massachusetts.
(c) Southeastern United States. The coastal waters between
31[deg]15[min] N and 30[deg]15[min] N from the coast out 15 nautical
miles; and the coastal waters between
[[Page 190]]
30[deg]15[min] N and 28[deg]00[min] N from the coast out 5 nautical
miles (Figure 8 to part 226).
[59 FR 28805, June 3, 1994. Redesignated and amended at 64 FR 14067,
Mar. 23, 1999; 68 FR 17562, Apr. 10, 2003; 70 FR 1832, Jan. 11, 2005]
Sec. 226.204 Critical habitat for Sacramento winter-run chinook salmon.
The following waterways, bottom and water of the waterways and
adjacent riparian zones: The Sacramento River from Keswick Dam, Shasta
County (River Mile 302) to Chipps Island (River Mile 0) at the westward
margin of the Sacramento-San Joaquin Delta, all waters from Chipps
Island westward to Carquinez Bridge, including Honker Bay, Grizzly Bay,
Suisun Bay, and Carquinez Strait, all waters of San Pablo Bay westward
of the Carquinez Bridge, and all waters of San Francisco Bay (north of
the San Francisco/Oakland Bay Bridge) from San Pablo Bay to the Golden
Gate Bridge.
[58 FR 33218, June 16, 1993. Redesignated and amended at 64 FR 14067.
Mar. 23, 1999]
Sec. 226.205 Critical habitat for Snake River sockeye salmon, Snake
River fall chinook salmon, and Snake River spring/summer chinook salmon.
The following areas consisting of the water, waterway bottom, and
adjacent riparian zone of specified lakes and river reaches in
hydrologic units presently or historically accessible to listed Snake
River salmon (except reaches above impassable natural falls, and
Dworshak and Hells Canyon Dams). Adjacent riparian zones are defined as
those areas within a horizontal distance of 300 feet (91.4 m) from the
normal line of high water of a stream channel (600 feet or 182.8 m, when
both sides of the stream channel are included) or from the shoreline of
a standing body of water. The complete text delineating critical habitat
for each species follows. Hydrologic units (table 3) are those defined
by the Department of the Interior (DOI), U.S. Geological Survey (USGS)
publication, ``Hydrologic Unit Maps, United States Geological Survey
Water Supply Paper 2294, 1987'', and the following DOI, USGS, 1:500,000
scale hydrologic unit map: State of Oregon, 1974; State of Washington,
1974; State of Idaho, 1974, which are incorporated by reference. This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of
the USGS publication and maps may be obtained from the USGS, Map Sales,
Box 25286, Denver, CO 80225. Copies may be inspected at NMFS, Endangered
Species Branch, Environmental and Technical Services Division, 911 NE.
11th Avenue, room 620, Portland, OR 97232, NMFS, Office of Protected
Resources, 1335 East-West Highway, Silver Spring, MD 20910, or at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
(a) Snake River Sockeye Salmon (Oncorhynchus nerka). The Columbia
River from a straight line connecting the west end of the Clatsop jetty
(south jetty, Oregon side) and the west end of the Peacock jetty (north
jetty, Washington side) and including all Columbia River estuarine areas
and river reaches upstream to the confluence of the Columbia and Snake
Rivers; all Snake River reaches from the confluence of the Columbia
River upstream to the confluence of the Salmon River; all Salmon River
reaches from the confluence of the Snake River upstream to Alturas Lake
Creek; Stanley, Redfish, Yellow Belly, Pettit, and Alturas Lakes
(including their inlet and outlet creeks); Alturas Lake Creek, and that
portion of Valley Creek between Stanley Lake Creek and the Salmon River.
Critical habitat is comprised of all river lakes and reaches presently
or historically accessible (except reaches above impassable natural
falls, and Dworshak and Hells Canyon Dams) to Snake River sockeye salmon
in the following hydrologic units: Lower Salmon, Lower Snake, Lower
Snake-Asotin, Lower Snake-Tucannon, Middle Salmon-Chamberlain, Middle
Salmon-Panther, and Upper Salmon. Critical habitat borders on or passes
through the following counties in Oregon: Clatsop, Columbia, Gillium,
Hood River, Morrow, Multnomah, Sherman, Umatilla,
[[Page 191]]
Wallowa, Wasco; the following counties in Washington: Asotin, Benton,
Clark, Columbia, Cowlitz, Franklin, Garfield, Klickitat, Pacific,
Skamania, Wahkiakum, Walla, Whitman; and the following counties in
Idaho: Blaine, Custer, Idaho, Lemhi, Lewis, Nez Perce.
(b) Snake River Spring/Summer Chinook Salmon (Oncorhynchus
tshawytscha). Geographic Boundaries. Critical habitat is designated to
include the Columbia River from a straight line connecting the west end
of the Clatsop jetty (south jetty, Oregon side) and the west end of the
Peacock jetty (north jetty, Washington side) and including all Columbia
River estuarine areas and river reaches proceeding upstream to the
confluence of the Columbia and Snake Rivers; all Snake River reaches
from the confluence of the Columbia River upstream to Hells Canyon Dam.
Critical habitat also includes river reaches presently or historically
accessible (except reaches above impassable natural falls (including
Napias Creek Falls) and Dworshak and Hells Canyon Dams) to Snake River
spring/summer chinook salmon in the following hydrologic units: Hells
Canyon, Imnaha, Lemhi, Little Salmon, Lower Grande Ronde, Lower Middle
Fork Salmon, Lower Salmon, Lower Snake-Asotin, Lower Snake-Tucannon,
Middle Salmon-Chamberlain, Middle Salmon-Panther, Pahsimeroi, South Fork
Salmon, Upper Middle Fork Salmon, Upper Grande Ronde, Upper Salmon,
Wallowa. Critical habitat borders on or passes through the following
counties in Oregon: Baker, Clatsop, Columbia, Gillium, Hood River,
Morrow, Multnomah, Sherman, Umatilla, Union, Wallowa, Wasco; the
following counties in Washington: Asotin, Benton, Clark, Columbia,
Cowlitz, Franklin, Garfield, Klickitat, Pacific, Skamania, Wahkiakum,
Walla, Whitman; and the following counties in Idaho: Adams, Blaine,
Custer, Idaho, Lemhi, Lewis, Nez Perce, Valley.
(c) Snake River Fall Chinook Salmon (Oncorhynchus tshawytscha). The
Columbia River from a straight line connecting the west end of the
Clatsop jetty (south jetty, Oregon side) and the west end of the Peacock
jetty (north jetty, Washington side) and including all Columbia River
estuarine areas and river reaches proceeding upstream to the confluence
of the Columbia and Snake Rivers; the Snake River, all river reaches
from the confluence of the Columbia River, upstream to Hells Canyon Dam;
the Palouse River from its confluence with the Snake River upstream to
Palouse Falls; the Clearwater River from its confluence with the Snake
River upstream to its confluence with Lolo Creek; the North Fork
Clearwater River from its confluence with the Clearwater River upstream
to Dworshak Dam. Critical habitat also includes river reaches presently
or historically accessible (except reaches above impassable natural
falls, and Dworshak and Hells Canyon Dams) to Snake River fall chinook
salmon in the following hydrologic units; Clearwater, Hells Canyon,
Imnaha, Lower Grande Ronde, Lower North Fork Clearwater, Lower Salmon,
Lower Snake, Lower Snake-Asotin, Lower Snake-Tucannon, and Palouse.
Critical habitat borders on or passes through the following counties in
Oregon: Baker, Clatsop, Columbia, Gillium, Hood River, Morrow,
Multnomah, Sherman, Umatilla, Wallowa, Wasco; the following counties in
Washington: Adams, Asotin, Benton, Clark, Columbia, Cowlitz, Franklin,
Garfield, Klickitat, Lincoln, Pacific, Skamania, Spokane, Wahkiakum,
Walla, Whitman; and the following counties in Idaho: Adams, Benewah,
Clearwater, Idaho, Latah, Lewis, Nez Perce, Shoshone, Valley.
[58 FR 68551, Dec. 28, 1993, as amended at 63 FR 1393, Jan. 9, 1998.
Redesignated and amended at 64 FR 14067, Mar. 23, 1999; 64 FR 57403,
Oct. 25, 1999; 69 FR 18803, Apr. 9, 2004]
Sec. 226.206 [Reserved]
Sec. 226.207 Critical habitat for leatherback turtle.
Leatherback Sea Turtle (dermochelys coriacea)
The waters adjacent to Sandy Point, St. Croix, U.S. Virgin Islands,
up to and inclusive of the waters from the hundred fathom curve
shoreward to the
[[Page 192]]
level of mean high tide with boundaries at 17[deg]42[min]12[sec] North
and 64[deg]50[min]00[sec] West.
[44 FR 17711, Mar. 23, 1979. Redesignated and amended at 64 FR 14067,
Mar. 23, 1999]
Sec. 226.208 Critical habitat for green turtle.
(a) Culebra Island, Puerto Rico--Waters surrounding the island of
Culebra from the mean high water line seaward to 3 nautical miles (5.6
km). These waters include Culebra's outlying Keys including Cayo Norte,
Cayo Ballena, Cayos Geniqu[iacute], Isla Culebrita, Arrecife Culebrita,
Cayo de Luis Pe[ntilde]a, Las Hermanas, El Mono, Cayo Lobo, Cayo Lobito,
Cayo Botijuela, Alcarraza, Los Gemelos, and Piedra Steven.
(b) [Reserved]
[63 FR 46701, Sept. 2, 1998. Redesignated and amended at 64 FR 14067,
Mar. 23, 1999]
Sec. 226.209 Critical habitat for hawksbill turtle.
(a) Mona and Monito Islands, Puerto Rico--Waters surrounding the
islands of Mona and Monito, from the mean high water line seaward to 3
nautical miles (5.6 km).
(b) [Reserved]
[63 FR 46701, Sept. 2, 1998. Redesignated and amended at 64 FR 14067,
Mar. 23, 1999]
Sec. 226.210 Central California Coast Coho Salmon (Oncorhynchus
kisutch), Southern Oregon/Northern California Coasts Coho Salmon
(Oncorhynchus kisutch).
Critical habitat is designated to include all river reaches
accessible to listed coho within the range of the ESUs listed, except
for reaches on Indian lands defined in Tables 5 and 6 to this part.
Critical habitat consists of the water, substrate, and adjacent riparian
zone of estuarine and riverine reaches in hydrologic units and counties
identified in Tables 5 and 6 to this part for all of the coho ESUs
listed in this section. Accessible reaches are those within the
historical range of the ESUs that can still be occupied by any life
stage of coho salmon. Inaccessible reaches are those above longstanding,
naturally impassable barriers (i.e., natural waterfalls in existence for
at least several hundred years) and specific dams within the historical
range of each ESU identified in Tables 5 and 6 to this part. Hydrologic
units are those defined by the Department of the Interior (DOI), U.S.
Geological Survey (USGS) publication, ``Hydrologic Unit Maps,'' Water
Supply Paper 2294, 1987, and the following DOI, USGS, 1:500,000 scale
hydrologic unit maps: State of Oregon, 1974 and State of California,
1978 which are incorporated by reference. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the USGS
publication and maps may be obtained from the USGS, Map Sales, Box
25286, Denver, CO 80225. Copies may be inspected at NMFS, Protected
Resources Division, 525 NE Oregon Street--Suite 500, Portland, OR 97232-
2737, or NMFS, Office of Protected Resources, 1315 East-West Highway,
Silver Spring, MD 20910, or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html.
(a) Central California Coast Coho Salmon (Oncorhynchus kisutch).
Critical habitat is designated to include all river reaches accessible
to listed coho salmon from Punta Gorda in northern California south to
the San Lorenzo River in central California, including Arroyo Corte
Madera Del Presidio and Corte Madera Creek, tributaries to San Francisco
Bay. Critical habitat consists of the water, substrate, and adjacent
riparian zone of estuarine and riverine reaches (including off-channel
habitats) in hydrologic units and counties identified in Table 5 of this
part. Accessible reaches are those within the historical range of the
ESU that can still be occupied by any life stage of coho salmon.
Inaccessible reaches are those above specific dams identified in Table 5
of this part or above longstanding, naturally impassable barriers (i.e.,
natural waterfalls in existence for at least several hundred years).
(b) Southern Oregon/Northern California Coasts Coho Salmon
(Oncorhynchus kisutch). Critical habitat is designated to include all
river reaches accessible to listed coho salmon between Cape Blanco,
Oregon, and
[[Page 193]]
Punta Gorda, California. Critical habitat consists of the water,
substrate, and adjacent riparian zone of estuarine and riverine reaches
(including off-channel habitats) in hydrologic units and counties
identified in Table 6 of this part. Accessible reaches are those within
the historical range of the ESU that can still be occupied by any life
stage of coho salmon. Inaccessible reaches are those above specific dams
identified in Table 6 of this part or above longstanding, naturally
impassable barriers (i.e., natural waterfalls in existence for at least
several hundred years).
[64 FR 24061, May 5, 1999, as amended at 69 FR 18803, Apr. 9, 2004]
Sec. 226.211 Critical habitat for Seven Evolutionarily Significant Units
(ESUs) of Salmon (Oncorhynchus spp.) in California.
Critical habitat is designated in the following California counties
for the following ESUs as described in paragraph (a) of this section,
and as further described in paragraphs (b) through (e) of this section.
The textual descriptions of critical habitat for each ESU are included
in paragraphs (f) through (l) of this section, and these descriptions
are the definitive source for determining the critical habitat
boundaries. General location maps are provided at the end of each ESU
description (paragraphs (f) through (l) of this section) and are
provided for general guidance purposes only, and not as a definitive
source for determining critical habitat boundaries.
(a) Critical habitat is designated for the following ESUs in the
following California counties:
------------------------------------------------------------------------
ESU State--counties
------------------------------------------------------------------------
(1) California Coastal Chinook......... CA--Humboldt, Trinity,
Mendocino, Sonoma, Lake, Napa,
Glenn, Colusa, and Tehama.
(2) Northern California Steelhead...... CA--Humboldt, Trinity,
Mendocino, Sonoma, Lake,
Glenn, Colusa, and Tehama.
(3) Central California Coast Steelhead. CA--Lake, Mendocino, Sonoma,
Napa, Marin, San Francisco,
San Mateo, Santa Clara, Santa
Cruz, Alameda, Contra Costa,
and San Joaquin.
(4) South-Central Coast Steelhead...... CA--Monterey, San Benito, Santa
Clara, Santa Cruz, San Luis
Obispo.
(5) Southern California Steelhead...... CA--San Luis Obispo, Santa
Barbara, Ventura, Los Angeles,
Orange and San Diego.
(6) Central Valley spring-run Chinook.. CA--Tehama, Butte, Glenn,
Shasta, Yolo, Sacramento,
Solano, Colusa, Yuba, Sutter,
Trinity, Alameda, San Joaquin,
and Contra Costa.
(7) Central Valley Steelhead........... CA--Tehama, Butte, Glenn,
Shasta, Yolo, Sacramento,
Solona, Yuba, Sutter, Placer,
Calaveras, San Joaquin,
Stanislaus, Tuolumne, Merced,
Alameda, Contra Costa.
------------------------------------------------------------------------
(b) Critical habitat boundaries. Critical habitat includes the
stream channels within the designated stream reaches, and includes a
lateral extent as defined by the ordinary high-water line (33 CFR
329.11). In areas where the ordinary high-water line has not been
defined, the lateral extent will be defined by the bankfull elevation.
Bankfull elevation is the level at which water begins to leave the
channel and move into the floodplain and is reached at a discharge which
generally has a recurrence interval of 1 to 2 years on the annual flood
series. Critical habitat in estuaries (e.g. San Francisco-San Pablo-
Suisun Bay, Humboldt Bay, and Morro Bay) is defined by the perimeter of
the water body as displayed on standard 1:24,000 scale topographic maps
or the elevation of extreme high water, whichever is greater.
(c) Primary constituent elements. Within these areas, the primary
constituent elements essential for the conservation of these ESUs are
those sites and habitat components that support one or more life stages,
including:
(1) Freshwater spawning sites with water quantity and quality
conditions and substrate supporting spawning, incubation and larval
development;
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(2) Freshwater rearing sites with:
(i) Water quantity and floodplain connectivity to form and maintain
physical habitat conditions and support juvenile growth and mobility;
(ii) Water quality and forage supporting juvenile development; and
(iii) Natural cover such as shade, submerged and overhanging large
wood, log jams and beaver dams, aquatic vegetation, large rocks and
boulders, side channels, and undercut banks.
(3) Freshwater migration corridors free of obstruction and excessive
predation with water quantity and quality conditions and natural cover
such as submerged and overhanging large wood, aquatic vegetation, large
rocks and boulders, side channels, and undercut banks supporting
juvenile and adult mobility and survival.
(4) Estuarine areas free of obstruction and excessive predation
with:
(i) Water quality, water quantity, and salinity conditions
supporting juvenile and adult physiological transitions between fresh-
and saltwater;
(ii) Natural cover such as submerged and overhanging large wood,
aquatic vegetation, large rocks and boulders, side channels; and
(iii) Juvenile and adult forage, including aquatic invertebrates and
fishes, supporting growth and maturation.
(d) Exclusion of Indian lands. Critical habitat does not include
occupied habitat areas on Indian lands. The Indian lands specifically
excluded from critical habitat are those defined in the Secretarial
Order, including:
(1) Lands held in trust by the United States for the benefit of any
Indian tribe;
(2) Land held in trust by the United States for any Indian Tribe or
individual subject to restrictions by the United States against
alienation;
(3) Fee lands, either within or outside the reservation boundaries,
owned by the tribal government; and
(4) Fee lands within the reservation boundaries owned by individual
Indians.
(e) Land owned or controlled by the Department of Defense.
Additionally, critical habitat does not include the following areas
owned or controlled by the Department of Defense, or designated for its
use, that are subject to an integrated natural resources management plan
prepared under section 101 of the Sikes Act (16 U.S.C. 670a):
(1) Camp Pendleton Marine Corps Base;
(2) Vandenberg Air Force Base;
(3) Camp San Luis Obispo;
(4) Camp Roberts; and
(5) Mare Island Army Reserve Center.
(f) California Coastal Chinook Salmon (Oncorhynchus tshawytscha).
Critical habitat is designated to include the areas defined in the
following CALWATER Hydrologic units:
(1) Redwood Creek Hydrologic Unit 1107--(i) Orick Hydrologic Sub-
area 110710. Outlet(s) = Redwood Creek (Lat -41.2923, Long -124.0917)
upstream to endpoint(s) in: Boyes Creek (41.3639, -123.9845); Bridge
Creek (41.137, -124.0012); Brown Creek (41.3986, -124.0012); Emerald
(Harry Weir) (41.2142, -123.9812); Godwood Creek (41.3889, -124.0312);
Larry Dam Creek (41.3359, -124.003); Little Lost Man Creek (41.2944, -
124.0014); Lost Man Creek (41.3133, -123.9854); May Creek (41.3547, -
123.999); McArthur Creek (41.2705, -124.041); North Fork Lost Man Creek
(41.3374, -123.9935); Prairie Creek (41.4239, -124.0367); Tom McDonald
(41.1628, -124.0419).
(ii) Beaver Hydrologic Sub-area 110720. Outlet(s) = Redwood Creek
(Lat 41.1367, Long -123.9309) upstream to endpoint(s): Lacks Creek
(41.0334, -123.8124); Minor Creek (40.9706, -123.7899).
(iii) Lake Prairie Hydrologic Sub-area 110730. Outlet(s) = Redwood
Creek (Lat 40.9070, Long -123.8170) upstream to endpoint(s) in: Redwood
Creek (40.7432, -123.7206).
(2) Trinidad Hydrologic Unit 1108--(i) Big Lagoon Hydrologic Sub-
area 110810. Outlet(s) = Maple Creek (Lat 41.1555, Long -124.1380)
upstream to endpoint(s) in: North Fork Maple Creek (41.1317, -124.0824);
Maple Creek (41.1239, -124.1041).
(ii) Little River Hydrologic Sub-area 110820. Outlet(s) = Little
River (41.0277, -124.1112) upstream to endpoint(s) in: South Fork Little
River (40.9908, -124.0412); Little River (41.0529, -123.9727); Railroad
Creek (41.0464, -124.0475); Lower South Fork Little
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River (41.0077, -124.0078); Upper South Fork Little River (41.0131, -
123.9853).
(3) Mad River Hydrologic Unit 1109--(i) Blue Lake Hydrologic Sub-
area 110910. Outlet(s) = Mad River (Lat 40.9139, Long -124.0642)
upstream to endpoint(s) in: Lindsay Creek (40.983, -124.0326); Mill
Creek (40.9008, -124.0086); North Fork Mad River (40.8687, -123.9649);
Squaw Creek (40.9426, -124.0202); Warren Creek (40.8901, -124.0402).
(ii) North Fork Mad River 110920. Outlet(s) = North Fork Mad River
(Lat 40.8687, Long -123.9649) upstream to endpoint(s) in: Sullivan Gulch
(40.8646, -123.9553); North Fork Mad River (40.8837, -123.9436).
(iii) Butler Valley 110930. Outlet(s) = Mad River (Lat 40.8449, Long
-123.9807) upstream to endpoint(s) in: Black Creek (40.7547, -123.9016);
Black Dog Creek (40.8334, -123.9805); Canon Creek (40.8362, -123.9028);
Dry Creek (40.8218, -123.9751); Mad River (40.7007, -123.8642); Maple
Creek (40.7928, -123.8742); Unnamed (40.8186, -123.9769).
(4) Eureka Plain Hydrologic Unit 1110--(i) Eureka Plain Hydrologic
Sub-area 111000. Outlet(s) = Mad River (Lat 40.9560, Long -124.1278);
Jacoby Creek (40.8436, -124.0834); Freshwater Creek (40.8088, -
124.1442); Elk River (40.7568, -124.1948); Salmon Creek (40.6868, -
124.2194) upstream to endpoint(s) in: Bridge Creek (40.6958, -124.0795);
Dunlap Gulch (40.7101, -124.1155); Freshwater Creek (40.7389, -
123.9944); Gannon Slough (40.8628, -124.0818); Jacoby Creek (40.7944, -
124.0093); Little Freshwater Creek (40.7485, -124.0652); North Branch of
the North Fork Elk River (40.6878, -124.0131); North Fork Elk River
(40.6756, -124.0153); Ryan Creek (40.7835, -124.1198); Salmon Creek
(40.6438, -124.1319); South Branch of the North Fork Elk River (40.6691,
-124.0244); South Fork Elk River (40.6626, -124.061); South Fork
Freshwater Creek (40.7097, -124.0277).
(ii) [Reserved]
(5) Eel River Hydrologic Unit 1111--(i) Ferndale Hydrologic Sub-area
111111. Outlet(s) = Eel River (Lat 40.6282, Long -124.2838) upstream to
endpoint(s) in: Atwell Creek (40.472, -124.1449); Howe Creek (40.4748, -
124.1827); Price Creek (40.5028, -124.2035); Strongs Creek (40.5986, -
124.1222); Van Duzen River (40.5337, -124.1262).
(ii) Scotia Hydrologic Sub-area 111112. Outlet(s) = Eel River (Lat
40.4918, Long -124.0998) upstream to endpoint(s) in: Bear Creek (40.391,
-124.0156); Chadd Creek (40.3921, -123.9542); Jordan Creek (40.4324, -
124.0428); Monument Creek (40.4676, -124.1133).
(iii) Larabee Creek Hydrologic Sub-area 111113. Outlet(s) = Larabee
Creek (40.4090, Long -123.9334) upstream to endpoint(s) in: Carson Creek
(40.4189, -123.8881); Larabee Creek (40.3950, -123.8138).
(iv) Hydesville Hydrologic Sub-area 111121. Outlet(s) = Van Duzen
River (Lat 40.5337, Long -124.1262) upstream to endpoint(s) in: Cummings
Creek (40.5258, -123.9896); Fielder Creek (40.5289, -124.0201); Hely
Creek (40.5042, -123.9703); Yager Creek (40.5583, -124.0577).
(v) Yager Creek Hydrologic Sub-area 111123. Outlet(s) = Yager Creek
(Lat 40.5583, Long -124.0577) upstream to endpoint(s) in: Corner Creek
(40.6189, -123.9994); Fish Creek (40.6392, -124.0032); Lawrence Creek
(40.6394, -123.9935); Middle Fork Yager Creek (40.5799, -123.9015);
North Fork Yager Creek (40.6044, -123.9084); Owl Creek (40.5557, -
123.9362); Shaw Creek (40.6245, -123.9518); Yager Creek (40.5673, -
123.9403).
(vi) Weott Hydrologic Sub-area 111131. Outlet(s) = South Fork Eel
River (Lat 40.3500, Long -213.9305) upstream to endpoint(s) in: Bridge
Creek (40.2929, -123.8569); Bull Creek (40.3148, -124.0343); Canoe Creek
(40.2909, -123.922); Cow Creek (40.3583, -123.9626); Cuneo Creek
(40.3377, -124.0385); Elk Creek (40.2837, -123.8365); Fish Creek
(40.2316, -123.7915); Harper Creek (40.354, -123.9895); Mill Creek
(40.3509, -124.0236); Salmon Creek (40.2214, -123.9059); South Fork
Salmon River (40.1769, -123.8929); Squaw Creek (40.3401, -123.9997);
Tostin Creek (40.1722, -123.8796).
(vii) Benbow Hydrologic Sub-area 111132. Outlet(s) = South Fork Eel
River (Lat 40.1932, Long -123.7692) upstream to endpoint(s) in: Anderson
Creek (39.9337, -123.8933); Bear Pen Creek (39.9125, -123.8108); Bear
Wallow Creek (39.7296, -123.7172); Bond Creek (39.7856, -123.6937);
Butler Creek (39.7439, -123.692); China Creek (40.1035, -123.9493);
Connick Creek (40.0911, -123.8187); Cox Creek (40.0288, -123.8542);
[[Page 196]]
Cummings Creek (39.8431, -123.5752); Dean Creek (40.1383, -123.7625);
Dinner Creek (40.0915, -123.937); East Branch South Fork Eel River
(39.9433, -123.6278); Elk Creek (39.7986, -123.5981); Fish Creek
(40.0565, -123.7768); Foster Creek (39.8455, -123.6185); Grapewine Creek
(39.7991, -123.5186); Hartsook Creek (40.012, -123.7888); Hollow Tree
Creek (39.7316, -123.6918); Huckleberry Creek (39.7315, -123.7253);
Indian Creek (39.9464, -123.8993); Jones Creek (39.9977, -123.8378);
Leggett Creek (40.1374, -123.8312); Little Sproul Creel (40.0897, -
123.8585); Low Gap Creek (39.993, -123.767); McCoy Creek (39.9598, -
123.7542); Michael's Creek (39.7642, -123.7175); Miller Creek (40.1215,
-123.916); Moody Creek (39.9531, -123.8819); Mud Creek (39.8232, -
123.6107); Piercy Creek (39.9706, -123.8189); Pollock Creek (40.0822, -
123.9184); Rattlesnake Creek (39.7974, -123.5426); Redwood Creek
(39.7721, -123.7651); Redwood Creek (40.0974, -123.9104); Seely Creek
(40.1494, -123.8825); Somerville Creek (40.0896, -123.8913); South Fork
Redwood Creek (39.7663, -123.7579); Spoul Creek (40.0125, -123.8585);
Standley Creek (39.9479, -123.8083); Tom Long Creek (40.0315, -
123.6891); Twin Rocks Creek (39.8269, -123.5543); Warden Creek (40.0625,
-123.8546); West Fork Sproul Creek (40.0386, -123.9015); Wildcat Creek
(39.9049, -123.7739); Wilson Creek (39.841, -123.6452); Unnamed
Tributary (40.1136, -123.9359).
(viii) Laytonville Hydrologic Sub-area 111133. Outlet(s) = South
Fork Eel River (Lat 39.7665, Long -123.6484) ) upstream to endpoint(s)
in: Bear Creek (39.6413, -123.5797); Cahto Creek (39.6624, -123.5453);
Dutch Charlie Creek (39.6892, -123.6818); Grub Creek (39.7777, -
123.5809); Jack of Hearts Creek (39.7244, -123.6802); Kenny Creek
(39.6733, -123.6082); Mud Creek (39.6561, -123.592); Redwood Creek
(39.6738, -123.6631); Rock Creek (39.6931, -123.6204); South Fork Eel
River (39.6271, -123.5389); Streeter Creek (39.7328, -123.5542); Ten
Mile Creek (39.6651, -123.451).
(ix) Sequoia Hydrologic Sub-area 111141. Outlet(s) = Eel River (Lat
40.3557, Long -123.9191); South Fork Eel River (40.3558, -123.9194)
upstream to endpoint(s) in: Brock Creek (40.2411, -123.7248); Dobbyn
Creek (40.2216, -123.6029); Hoover Creek (40.2312, -123.5792); Line
Gulch (40.1655, -123.4831); North Fork Dobbyn Creek (40.2669, -
123.5467); South Fork Dobbyn Creek (40.1723, -123.5112); South Fork Eel
River (40.35, -123.9305); Unnamed Tributary (40.3137, -123.8333);
Unnamed Tributary (40.2715, -123.549).
(x) Spy Rock Hydrologic Sub-area 111142. Outlet(s) = Eel River (Lat
40.1736, Long -123.6043) upstream to endpoint(s) in: Bell Springs Creek
(39.9399, -123.5144); Burger Creek (39.6943, -123.413); Chamise Creek
(40.0563, -123.5479); Jewett Creek (40.1195, -123.6027); Kekawaka Creek
(40.0686, -123.4087); Woodman Creek (39.7639, -123.4338).
(xi) North Fork Eel River Hydrologic Sub-area 111150. Outlet(s) =
North Fork Eel River (Lat 39.9567, Long -123.4375) upstream to
endpoint(s) in: North Fork Eel River (39.9370, -123.3758).
(xii) Outlet Creek Hydrologic Sub-area 111161. Outlet(s) = Outlet
Creek (Lat 39.6263, Long -123.3453) upstream to endpoint(s) in: Baechtel
Creek (39.3688, -123.4028); Berry Creek (39.4272, -123.2951); Bloody Run
(39.5864, -123.3545); Broaddus Creek (39.3907, -123.4163); Davis Creek
(39.3701, -123.3007); Dutch Henry Creek (39.5788, -123.4543); Haehl
Creek (39.3795, -123.3393); Long Valley Creek (39.6091, -123.4577); Ryan
Creek (39.4803, -123.3642); Upp Creek (39.4276, -123.3578); Upp Creek
(39.4276, -123.3578); Willits Creek (39.4315, -123.3794).
(xiii) Tomki Creek Hydrologic Sub-area 111162. Outlet(s) = Eel River
(Lat 39.7138, Long -123.3531) upstream to endpoint(s) in: Cave Creek
(39.3925, -123.2318); Long Branch Creek (39.4074, -123.1897); Rocktree
Creek (39.4533, -123.3079); Salmon Creek (39.4461, -123.2104); Scott
Creek (39.456, -123.2297); String Creek (39.4855, -123.2891); Tomki
Creek (39.549, -123.3613); Wheelbarrow Creek (39.5029, -123.3287).
(xiv) Lake Pillsbury Hydrologic Sub-area 111163. Outlet(s) = Eel
River (Lat 39.3860, Long -123.1163) upstream to endpoint(s) in: Eel
River (39.4078, -122.958).
(xv) Eden Valley Hydrologic Sub-area 111171. Outlet(s) = Middle Fork
Eel River (Lat 39.8146, Long -123.1332) upstream to endpoint(s) in:
Middle Fork Eel River (39.8145, -123.1333).
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(xvi) Round Valley Hydrologic Sub-area 111172. Outlet(s) = Mill
Creek (Lat 39.7396, Long -123.1420); Williams Creek (39.8145, -123.1333)
upstream to endpoint(s) in: Mill Creek (39.8456, -123.2822); Murphy
Creek (39.8804, -123.1636); Poor Mans Creek (39.8179, -123.1833); Short
Creek (39.8645, -123.2242); Turner Creek (39.7238, -123.2191); Williams
Creek (39.8596, -123.1341).
(6) Cape Mendocino Hydrologic Unit 1112--(i) Capetown Hydrologic
Sub-area 111220. Outlet(s) = Bear River (Lat 40.4744, Long -124.3881)
upstream to endpoint(s) in: Bear River (40.3591, -124.0536); South Fork
Bear River (40.4271, -124.2873).
(ii) Mattole River Hydrologic Sub-area 111230. Outlet(s) = Mattole
River (Lat 40.2942, Long -124.3536) upstream to endpoint(s) in: Bear
Creek (40.1262, -124.0631); Blue Slide Creek (40.1286, -123.9579);
Bridge Creek (40.0503, -123.9885); Conklin Creek (40.3169, -124.229);
Dry Creek (40.2389, -124.0621); East Fork Honeydew Creek (40.1633, -
124.0916); East Fork of the North Fork Mattole River (40.3489, -
124.2244); Eubanks Creek (40.0893, -123.9743); Gilham Creek (40.2162, -
124.0309); Grindstone Creek (40.1875, -124.0041); Honeydew Creek
(40.1942, -124.1363); Mattole Canyon (40.1833, -123.9666); Mattole River
(39.9735, -123.9548); McGinnis Creek (40.3013, -124.2146); McKee Creek
(40.0674, -123.9608); Mill Creek (40.0169, -123.9656); North Fork
Mattole River (40.3729, -124.2461); North Fork Bear Creek (40.1422, -
124.0945); Oil Creek (40.3008, -124.1253); Rattlesnake Creek (40.2919, -
124.1051); South Fork Bear Creek (40.0334, -124.0232); Squaw Creek
(40.219, -124.1921); Thompson Creek (39.9969, -123.9638); Unnamed
(40.1522, -124.0989); Upper North Fork Mattole River (40.2907, -
124.1115); Westlund Creek (40.2333, -124.0336); Woods creek (40.2235, -
124.1574); Yew Creek (40.0019, -123.9743).
(7) Mendocino Coast Hydrologic Unit 1113--(i) Wages Creek Hydrologic
Sub-area 111312. Outlet(s) = Wages Creek (Lat 39.6513, Long -123.7851)
upstream to endpoint(s) in: Wages Creek (39.6393, -123.7146).
(ii) Ten Mile River Hydrologic Sub-area 111313. Outlet(s) = Ten Mile
River (Lat 39.5529, Long -123.7658) upstream to endpoint(s) in: Middle
Fork Ten Mile River (39.5397, -123.5523); Little North Fork Ten Mile
River (39.6188, -123.7258); Ten Mile River (39.5721, -123.7098); South
Fork Ten Mile River (39.4927, -123.6067); North Fork Ten Mile River
(39.5804, -123.5735).
(iii) Noyo River Hydrologic Sub-area 111320. Outlet(s) = Noyo River
(Lat 39.4274, Long -123.8096) upstream to endpoint(s) in: North Fork
Noyo River (39.4541, -123.5331); Noyo River (39.431, 123.494); South
Fork Noyo River (39.3549, -123.6136).
(iv) Big River Hydrologic Sub-area 111330. Outlet(s) = Big River
(Lat 39.3030, Long -123.7957) upstream to endpoint(s) in: Big River
(39.3095, -123.4454).
(v) Albion River Hydrologic Sub-area 111340. Outlet(s) = Albion
River (Lat 39.2253, Long -123.7679) upstream to endpoint(s) in: Albion
River (39.2644, -123.6072).
(vi) Garcia River Hydrologic Sub-area 111370. Outlet(s) = Garcia
River (Lat 38.9455, Long -123.7257) upstream to endpoint(s) in: Garcia
River (38.9160, -123.4900).
(8) Russian River Hydrologic Unit 1114--(i) Guerneville Hydrologic
Sub-area 111411. Outlet(s) = Russian River (Lat 38.4507, Long -123.1289)
upstream to endpoint(s) in: Austin Creek (38.5099, -123.0681); Mark West
Creek (38.4961, -122.8489).
(ii) Austin Creek Hydrologic Sub-area 111412. Outlet(s) = Austin
Creek (Lat 38.5099, Long -123.0681) upstream to endpoint(s) in: Austin
Creek (38.5326, -123.0844).
(iii) Warm Springs Hydrologic Sub-area 111424. Outlet(s) = Dry Creek
(Lat 38.5861, Long -122.8573) upstream to endpoint(s) in: Dry Creek
(38.7179, -123.0075).
(iv) Geyserville Hydrologic Sub-area 111425. Outlet(s) = Russian
River (Lat 38.6132, Long -122.8321) upstream.
(v) Ukiah Hydrologic Sub-area 111431. Outlet(s) = Russian River (Lat
38.8828, Long -123.0557) upstream to endpoint(s) in: Feliz Creek
(38.9941, -123.1779).
(vi) Forsythe Creek Hydrologic Sub-area 111433. Outlet(s) = Russian
River (Lat 39.2257, Long -123.2012) upstream to endpoint(s) in: Forsythe
Creek (39.2780, -123.2608); Russian River (39.3599, -123.2326).
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(9) Maps of critical habitat for the California Coast chinook salmon
ESU follow:
[GRAPHIC] [TIFF OMITTED] TR02SE05.000
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[GRAPHIC] [TIFF OMITTED] TR02SE05.001
[[Page 200]]
[GRAPHIC] [TIFF OMITTED] TR02SE05.002
[[Page 201]]
[GRAPHIC] [TIFF OMITTED] TR02SE05.003
[[Page 202]]
[GRAPHIC] [TIFF OMITTED] TR02SE05.004
[[Page 203]]
[GRAPHIC] [TIFF OMITTED] TR02SE05.005
[[Page 204]]
[GRAPHIC] [TIFF OMITTED] TR02SE05.006
[[Page 205]]
[GRAPHIC] [TIFF OMITTED] TR02SE05.007
(g) Northern California Steelhead (O. mykiss). Critical habitat is
designated to include the areas defined in the following CALWATER
Hydrologic units:
(1) Redwood Creek Hydrologic Unit 1107--(i) Orick Hydrologic Sub-
area 110710. Outlet(s) = Boat Creek (Lat 41.4059, Long -124.0675); Home
Creek (41.4027, -124.0683); Redwood Creek (41.2923, -124.0917); Squashan
Creek (41.3889, -124.0703) upstream to endpoint(s) in: Boat Creek
(41.4110,
[[Page 206]]
-124.0583); Bond Creek (41.2326, -124.0262); Boyes Creek (41.3701, -
124.9891); Bridge Creek (41.1694, -123.9964); Brown Creek (41.3986, -
124.0012); Cloquet Creek (41.2466, -123.9884); Cole Creek (41.2209, -
123.9931); Copper Creek (41.1516, -123.9258); Dolason Creek (41.1969, -
123.9667); Elam Creek (41.2613, -124.0321); Emerald Creek (41.2164, -
123.9808); Forty Four Creek (41.2187, -124.0195); Gans South Creek
(41.2678, -124.0071); Godwood Creek (41.3787, -124.0354); Hayes Creek
(41.2890, -124.0164); Home Creek (41.3951, -124.0386); Larry Dam Creek
(41.3441, -123.9966); Little Lost Man Creek (41.3078, -124.0084); Lost
Man Creek (41.3187, -123.9892); May Creek (41.3521, -124.0164); McArthur
Creek (41.2702, -124.0427); Miller Creek (41.2305, -124.0046); North
Fork Lost Man Creek (41.3405, -123.9859); Oscar Larson Creek (41.2559, -
123.9943); Prairie Creek (41.4440, -124.0411); Skunk Cabbage Creek
(41.3211, -124.0802); Slide Creek (41.1736, -123.9450); Squashan Creek
(41.3739, -124.0440); Streelow Creek (41.3622, -124.0472); Tom McDonald
Creek (41.1933, -124.0164); Unnamed Tributary (41.3619, -123.9967);
Unnamed Tributary (41.3424, -124.0572).
(ii) Beaver Hydrologic Sub-area 110720. Outlet(s) = Redwood Creek
(Lat 41.1367, Long -123.9309) upstream to endpoint(s) in: Beaver Creek
(41.0208, -123.8608); Captain Creek (40.9199, -123.7944); Cashmere Creek
(41.0132, -123.8862); Coyote Creek (41.1251, -123.8926); Devils Creek
(41.1224, -123.9384); Garcia Creek (41.0180, -123.8923); Garrett Creek
(41.0904, -123.8712); Karen Court Creek (41.0368, -123.8953); Lacks
Creek (41.0306, -123.8096); Loin Creek (40.9465, -123.8454); Lupton
Creek (40.9058, -123.8286); Mill Creek (41.0045, -123.8525); Minor Creek
(40.9706, -123.7899); Molasses Creek (40.9986, -123.8490); Moon Creek
(40.9807, -123.8368); Panther Creek (41.0732, -123.9275); Pilchuck Creek
(41.9986, -123.8710); Roaring Gulch (41.0319, -123.8674); Santa Fe Creek
(40.9368, -123.8397); Sweathouse Creek (40.9332, -123.8131); Toss-Up
Creek (40.9845, -123.8656); Unnamed Tributary (41.1270, -123.8967);
Wiregrass Creek (40.9652, -123.8553).
(iii) Lake Prairie Hydrologic Sub-area 110730. Outlet(s) = Redwood
Creek (Lat 40.9070, Long -123.8170) upstream to endpoint(s) in: Bradford
Creek (40.7812, -123.7215); Cut-Off Meander (40.8507, -123.7729); Emmy
Lou Creek (40.8655, -123.7771); Gunrack Creek (40.8391, -123.7650); High
Prairie Creek (40.8191, -123.7723); Jena Creek (40.8742, -123.8065);
Lake Prairie Creek (40.7984, -123.7558); Lupton Creek (40.9058, -
123.8286); Minon Creek (40.8140, -123.7372); Noisy Creek (40.8613, -
123.8044); Pardee Creek (40.7779, -123.7416); Redwood Creek (40.7432, -
123.7206); Simion Creek (40.8241, -123.7560); Six Rivers Creek (40.8352,
-123.7842); Smokehouse Creek (40.7405, -123.7278); Snowcamp Creek
(40.7415, -123.7296); Squirrel Trail Creek (40.8692, -123.7844); Twin
Lakes Creek (40.7369, -123.7214); Panther Creek (40.8019, -123.7094);
Windy Creek (40.8866, -123.7956).
(2) Trinidad Hydrologic Unit 1108--(i) Big Lagoon Hydrologic Sub-
area 110810. Outlet(s) = Maple Creek (Lat 41.1555, Long -124.1380);
McDonald Creek (41.2521, -124.0919) upstream to endpoint(s) in: Beach
Creek (41.0716, -124.0239); Clear Creek (41.1031, -124.0030); Diamond
Creek (41.1571, -124.0926); Maple Creek (41.0836, -123.9790); McDonald
Creek (41.1850, -124.0773); M-Line Creek (41.0752, -124.0787); North
Fork Maple Creek (41.1254, -124.0539); North Fork McDonald Creek
(41.2107, -124.0664); Pitcher Creek (41.1518, -124.0874); South Fork
Maple Creek (41.1003, -124.1119); Tom Creek (41.1773, -124.0966);
Unnamed Tributary (41.1004, -124.0155); Unnamed Tributary (41.0780, -
124.0676); Unnamed Tributary (41.1168, -124.0886); Unnamed Tributary
(41.0864, -124.0899); Unnamed Tributary (41.1132, -124.0827); Unnamed
Tributary (41.0749, -124.0889); Unnamed Tributary (41.1052, -124.0675);
Unnamed Tributary (41.0714, -124.0611); Unnamed Tributary (41.0948, -
124.0016).
(ii) Little River Hydrologic Sub-area 110820. Outlet(s) = Little
River (Lat 41.0277, Long -124.1112) upstream to endpoint(s) in: Freeman
Creek (41.0242, -124.0582); Little River (40.9999, -123.9232); Lower
South Fork Little River (41.0077, -124.0079); Railroad Creek (41.0468, -
124.0466); South Fork Little River (40.9899, -124.0394); Unnamed
Tributary (41.0356, -123.9958); Unnamed Tributary (41.0407, -124.0598);
Unnamed Tributary (41.0068, -123.9830);
[[Page 207]]
Unnamed Tributary (41.0402, -124.0111); Unnamed Tributary (41.0402, -
124.0189); Unnamed Tributary (41.0303, -124.0366); Unnamed Tributary
(41.0575, -123.9710); Unnamed Tributary (41.0068, -123.9830); Upper
South Fork Little River (41.0146, -123.9826).
(3) Mad River Hydrologic Unit 1109--(i) Blue Lake Hydrologic Sub-
area 110910. Outlet(s) = Mad River (Lat 40.9139, Long -124.0642);
Strawberry Creek (40.9964, -124.1155); Widow White Creek (40.9635, -
124.1253) upstream to endpoint(s) in: Boundary Creek (40.8395, -
123.9920); Grassy Creek (40.9314, -124.0188); Hall Creek (40.9162, -
124.0141); Kelly Creek (40.8656, -124.0260); Leggit Creek (40.8808, -
124.0269); Lindsay Creek (40.9838, -124.0283); Mather Creek (40.9796, -
124.0526); Mill Creek (40.9296, -124.1037); Mill Creek (40.9162, -
124.0141); Mill Creek (40.8521, -123.9617); North Fork Mad River
(40.8687, -123.9649); Norton Creek (40.9572, -124.1003); Palmer Creek
(40.8633, -124.0193); Puter Creek (40.8474, -123.9966); Quarry Creek
(40.8526, -124.0098); Squaw Creek (40.9426, -124.0202); Strawberry Creek
(40.9761, -124.0630); Unnamed Tributary (40.9624, -124.0179); Unnamed
Tributary (40.9549, -124.0554); Unnamed Tributary (40.9672, -124.0218);
Warren Creek (40.8860, -124.0351); Widow White Creek (40.9522, -
124.0784).
(ii) North Fork Mad River Hydrologic Sub-area 110920. Outlet(s) =
North Fork Mad River (Lat 40.8687, Long -123.9649) upstream to
endpoint(s) in: Bald Mountain Creek (40.8922, -123.9097); Canyon Creek
(40.9598, -123.9269); Denman Creek (40.9293, -123.9429); East Fork North
Fork (40.9702, -123.9449); Gosinta Creek (40.9169, -123.9420); Hutchery
Creek (40.8730, -123.9503); Jackson Creek (40.9388, -123.9462); Krueger
Creek (40.9487, -123.9571); Long Prairie Creek (40.9294, -123.8842);
Mule Creek (40.9416, -123.9309); North Fork Mad River (40.9918, -
123.9610); Pine Creek (40.9274, -123.9096); Pollock Creek (40.9081, -
123.9071); Sullivan Gulch (40.8646, -123.9553); Tyson Creek (40.9559, -
123.9738); Unnamed Tributary (40.9645, -123.9338); Unnamed Tributary
(40.9879, -123.9511); Unnamed Tributary (40.9906, -123.9540); Unnamed
Tributary (40.9866, -123.9788); Unnamed Tributary (40.9927, -123.9736).
(iii) Butler Valley Hydrologic Sub-area 110930. Outlet(s) = Mad
River (Lat 40.8449, Long -123.9807) upstream to endpoint(s) in: Bear
Creek (40.5468, -123.6728); Black Creek (40.7521, -123.9080); Black Dog
Creek (40.8334, -123.9805); Blue Slide Creek (40.7333, -123.9225);
Boulder Creek (40.7634, -123.8667); Bug Creek (40.6587, -123.7356);
Cannon Creek (40.8535, -123.8850); Coyote Creek (40.6147, -123.6488);
Devil Creek (40.8032, -123.9175); Dry Creek (40.8218, -123.9751); East
Creek (40.5403, -123.5579); Maple Creek (40.7933, -123.8353); Pilot
Creek (40.5950, -123.5888); Simpson Creek (40.8138, -123.9156); Unnamed
Tributary (40.7306, -123.9019); Unnamed Tributary (40.7739, -123.9255);
Unnamed Tributary (40.7744, -123.9137); Unnamed Tributary (40.8029, -
123.8716); Unnamed Tributary (40.8038, -123.8691); Unnamed Tributary
(40.8363, -123.9025).
(4) Eureka Plain Hydrologic Unit 1110--(i) Eureka Plain Hydrologic
Sub-area 111000.
Outlet(s) = Elk River (Lat 40.7568, Long -124.1948); Freshwater
Creek (40.8088, -124.1442); Jacoby Creek (40.8436, -124.0834); Mad River
(40.9560, -124.1278); Rocky Gulch (40.8309, -124.0813); Salmon Creek
(40.6868, -124.2194); Washington Gulch (40.8317, -124.0805) upstream to
endpoint(s) in: Bridge Creek (40.6958, -124.0805); Browns Gulch
(40.7038, -124.1074); Clapp Gulch (40.6967, -124.1684); Cloney Gulch
(40.7826, -124.0347); Doe Creek (40.6964, -124.0201); Dunlap Gulch
(40.7076, -124.1182); Falls Gulch (40.7655, -124.0261); Fay Slough
(40.8033, -124.0574); Freshwater Creek (40.7385, -124.0035); Golf Course
Creek (40.8406, -124.0402); Graham Gulch (40.7540, -124.0228); Guptil
Gulch (40.7530, -124.1202); Henderson Gulch (40.7357, -124.1394); Jacoby
Creek (40.7949, -124.0096); Lake Creek (40.6848, -124.0831); Line Creek
(40.6578, -124.0460); Little Freshwater Creek (40.7371, -124.0649);
Little North Fork Elk River (40.6972, -124.0100); Little South Fork Elk
River (40.6555, -124.0877); Martin Slough (40.7679, -124.1578); McCready
Gulch (40.7824, -124.0441); McWinney Creek (40.6968, -124.0616);
Morrison Gulch (40.8169, -124.0430); North Branch of the North Fork Elk
River (40.6879, -124.0130); North Fork Elk River
[[Page 208]]
(40.6794-123.9834); Railroad Gulch (40.6955, -124.1545); Rocky Gulch
(40.8170, -124.0613); Ryan Creek (40.7352, -124.0996); Salmon Creek
(40.6399, -124.1128); South Branch of the North Fork Elk River (40.6700,
-124.0251); South Fork Elk River (40.6437, -124.0388); South Fork
Freshwater Creek (40.7110, -124.0367); Swain Slough (40.7524, -
124.1825); Tom Gulch (40.6794, -124.1452); Unnamed Tributary (40.7850, -
124.0561); Unnamed Tributary (40.7496, -124.1651); Unnamed Tributary
(40.7785,--124.1081); Unnamed Tributary (40.7667, -124.1054); Unnamed
Tributary (40.7559, -124.0870); Unnamed Tributary (40.7952, -124.0568);
Unnamed Tributary (40.7408, -124.1118); Unnamed Tributary (40.7186, -
124.1385); Unnamed Tributary (40.7224, -124.1038); Unnamed Tributary
(40.8210, -124.0111); Unnamed Tributary (40.8106, -124.0083); Unnamed
Tributary (40.7554, -124.1379); Unnamed Tributary (40.7457, -124.1138);
Washington Gulch (40.8205, -124.0549).
(ii) [Reserved]
(5) Eel River Hydrologic Unit 1111--(i) Ferndale Hydrologic Sub-area
111111. Outlet(s) = Eel River (Lat 40.6275, Long -124.2520) upstream to
endpoint(s) in: Atwell Creek (40.4824, -124.1498); Dean Creek (40.4847,
-124.1217); Horse Creek (40.5198, -124.1702); Howe Creek (40.4654, -
124.1916); Nanning Creek (40.4914, -124.0652); North Fork Strongs Creek
(40.6077, -124.1047); Price Creek (40.5101, -124.2731); Rohner Creek
(40.6151, -124.1408); Strongs Creek (40.5999, -124.0985); Sweet Creek
(40.4900, -124.2007); Van Duzen River (40.5337, -124.1262).
(ii) Scotia Hydrologic Sub-area 111112. Outlet(s) = Eel River (Lat
40.4918, Long -124.0988) upstream to endpoint(s) in: Bear Creek
(40.3942, -124.0262); Bridge Creek (40.4278, -123.9317); Chadd Creek
(40.3919, -123.9540); Darnell Creek (40.4533, -123.9808); Dinner Creek
(40.4406, -124.0855); Greenlow Creek (40.4315, -124.0231); Jordan Creek
(40.4171, -124.0517); Kiler Creek (40.4465, -124.0952); Monument Creek
(40.4371, -124.1165); Shively Creek (40.4454, -123.9539); South Fork
Bear Creek (40.3856, -124.0182); Stitz Creek (40.4649, -124.0531); Twin
Creek (40.4419, -124.0714); Unnamed Tributary (40.3933, -123.9984);
Weber Creek (40.3767, -123.9094).
(iii) Larabee Creek Hydrologic Sub-area 111113. Outlet(s) = Larabee
Creek (Lat 40.4090, Long -123.9334) upstream to endpoint(s) in: Arnold
Creek (40.4006, -123.8583); Balcom Creek (40.4030, -123.8986); Bosworth
Creek (40.3584, -123.7089); Boulder Flat Creek (40.3530, -123.6381);
Burr Creek (40.4250, -123.7767); Carson Creek (40.4181, -123.8879);
Chris Creek (40.4146, -123.9235); Cooper Creek (40.3123, -123.6463);
Dauphiny Creek (40.4049, -123.8893); Frost Creek (40.3765, -123.7357);
Hayfield Creek (40.3350, -123.6535); Knack Creek (40.3788, -123.7385);
Larabee Creek (40.2807, -123.6445); Martin Creek (40.3730, -123.7060);
Maxwell Creek (40.3959, -123.8049); McMahon Creek (40.3269, -123.6363);
Mill Creek (40.3849, -123.7440); Mountain Creek (40.2955, -123.6378);
Scott Creek (40.4020, -123.8738); Smith Creek (40.4194, -123.8568);
Thurman Creek (40.3506, -123.6669); Unnamed Tributary (40.3842, -
123.8062); Unnamed Tributary (40.3982, -123.7862); Unnamed Tributary
(40.3806, -123.7564); Unnamed Tributary (40.3661, -123.7398); Unnamed
Tributary (40.3524, -123.7330).
(iv) Hydesville Hydrologic Sub-area 111121. Outlet(s) = Van Duzen
River (Lat 40.5337, Long -124.1262) upstream to endpoint(s) in:
Cuddeback Creek (40.5421, -124.0263); Cummings Creek (40.5282, -
123.9770); Fiedler Creek (40.5351, -124.0106); Hely Creek (40.5165, -
123.9531); Yager Creek (40.5583, -124.0577); Unnamed Tributary (40.5718,
-124.0946).
(v) Bridgeville Hydrologic Sub-area 111122. Outlet(s) = Van Duzen
River (Lat 40.4942, Long -123.9720) upstream to endpoint(s) in: Bear
Creek (40.3455, -123.5763); Blanket Creek (40.3635, -123.5710); Browns
Creek (40.4958, -123.8103); Butte Creek (40.4119, -123.7047); Dairy
Creek (40.4174, -123.5981); Fish Creek (40.4525, -123.8434); Grizzly
Creek (40.5193, -123.8470); Little Larabee Creek (40.4708, -123.7395);
Little Van Duzen River (40.3021, -123.5540); North Fork Van Duzen
(40.4881, -123.6411); Panther Creek (40.3921, -123.5866); Root Creek
(40.4490, -123.9018); Stevens Creek (40.5062, -123.9073); Thompson Creek
(40.4222, -123.6084); Van Duzen River (40.4820, -123.6629); Unnamed
Tributary (40.3074, -123.5834).
[[Page 209]]
(vi) Yager Creek Hydrologic Sub-area 111123. Outlet(s) = Yager Creek
(Lat 40.5583, Long -124.0577) upstream to endpoint(s) in: Bell Creek
(40.6809, -123.9685); Blanten Creek (40.5839, -124.0165); Booths Run
(40.6584, -123.9428); Corner Creek (40.6179, -124.0010); Fish Creek
(40.6390, -124.0024); Lawrence Creek (40.6986, -123.9314); Middle Fork
Yager Creek (40.5782, -123.9243); North Fork Yager Creek (40.6056, -
123.9080); Shaw Creek (40.6231, -123.9509); South Fork Yager Creek
(40.5451, -123.9409); Unnamed Tributary (40.5892, -123.9663); Yager
Creek (40.5673, -123.9403).
(vii) Weott Hydrologic Sub-area 111131. Outlet(s) = South Fork Eel
River (Lat 40.3500, Long -123.9305) upstream to endpoint(s) in: Albee
Creek (40.3592, -124.0088); Bull Creek (40.3587, -123.9624); Burns Creek
(40.3194, -124.0420); Butte Creek (40.1982, -123.8387); Canoe Creek
(40.2669, -123.9556); Coon Creek (40.2702, -123.9013); Cow Creek
(40.2664, -123.9838); Cuneo Creek (40.3401, -124.0494); Decker Creek
(40.3312, -123.9501); Elk Creek (40.2609, -123.7957); Fish Creek
(40.2459, -123.7729); Harper Creek (40.3591, -123.9930); Mill Creek
(40.3568, -124.0333); Mowry Creek (40.2937, -123.8895); North Fork Cuneo
Creek (40.3443, -124.0488); Ohman Creek (40.1924, -123.7648); Panther
Creek (40.2775, -124.0289); Preacher Gulch (40.2944, -124.0047); Salmon
Creek (40.2145, -123.8926); Slide Creek (40.3011, -124.0390); South Fork
Salmon Creek (40.1769, -123.8929); Squaw Creek (40.3167, -123.9988);
Unnamed Tributary (40.3065, -124.0074); Unnamed Tributary (40.2831, -
124.0359).
(viii) Benbow Hydrologic Sub-area 111132. Outlet(s) = South Fork Eel
River (Lat 40.1929, Long -123.7692) upstream to endpoint(s) in: Anderson
Creek (39.9325, -123.8928); Bear Creek (39.7885, -123.7620); Bear Pen
Creek (39.9201, -123.7986); Bear Wallow Creek (39.7270, -123.7140); Big
Dan Creek (39.8430, -123.6992); Bond Creek (39.7778, -123.7060); Bridges
Creek (39.9087, -123.7142); Buck Mountain Creek (40.0944, -123.7423);
Butler Creek (39.7423, -123.6987); Cedar Creek (39.8834, -123.6216);
China Creek (40.1035, -123.9493); Connick Creek (40.0912, -123.8154);
Cox Creek (40.0310, -123.8398); Cruso Cabin Creek (39.9281, -123.5842);
Durphy Creek (40.0205, -123.8271); East Branch South Fork Eel River
(39.9359, -123.6204); Elkhorn Creek (39.9272, -123.6279); Fish Creek
(40.0390, -123.7630); Hartsook Creek (40.0081, -123.8113); Hollow Tree
Creek (39.7250, -123.6924); Huckleberry Creek (39.7292, -123.7275);
Indian Creek (39.9556, -123.9172); Islam John Creek (39.8062, -
123.7363); Jones Creek (39.9958, -123.8374); Leggett Creek (40.1470, -
123.8375); Little Sproul Creek (40.0890, -123.8577); Lost Man Creek
(39.7983, -123.7287); Low Gap Creek (39.8029, -123.6803); Low Gap Creek
(39.9933, -123.7601); McCoy Creek (39.9572, -123.7369); Michael's Creek
(39.7665, -123.7035); Middle Creek (39.8052, -123.7691); Milk Ranch
Creek (40.0102, -123.7514); Mill Creek (39.8673, -123.7605); Miller
Creek (40.1319, -123.9302); Moody Creek (39.9471, -123.8827); Mule Creek
(39.8169, -123.7745); North Fork Cedar Creek (39.8864, -123.6363); North
Fork McCoy Creek (39.9723, -123.7496); Piercy Creek (39.9597, -
123.8442); Pollock Creek (40.0802, -123.9341); Red Mountain Creek
(39.9363, -123.7203); Redwood Creek (39.7723, -123.7648); Redwood Creek
(40.0974, -123.9104); Rock Creek (39.8962, -123.7065); Sebbas Creek
(39.9934, -123.8903); Somerville Creek (40.1006, -123.8884); South Fork
Mule Creek (39.8174, -123.7788); South Fork Redwood Creek (39.7662, -
123.7579); Sproul Creek (40.0226, -123.8649); Squaw Creek (40.0760, -
123.7257); Standly Creek (39.9327, -123.8309); Tom Long Creek (40.0175,
-123.6551); Waldron Creek (39.7469, -123.7465); Walter's Creek (39.7921,
-123.7250); Warden Creek (40.0629, -123.8551); West Fork Sproul Creek
(40.0587, -123.9170); Wildcat Creek (39.8956, -123.7820); Unnamed
Tributary (39.9927, -123.8807).
(ix) Laytonville Hydrologic Sub-area 111133. Outlet(s) = South Fork
Eel River (Lat 39.7665, Long -123.6484) upstream to endpoint(s) in: Bear
Creek (39.6418, -123.5853); Big Rick Creek (39.7117, -123.5512); Cahto
Creek (39.6527, -123.5579); Dark Canyon Creek (39.7333, -123.6614);
Dutch Charlie Creek (39.6843, -123.7023); Elder Creek (39.7234, -
123.6192); Fox Creek (39.7441, -123.6142); Grub Creek (39.7777, -
123.5809); Jack of Hearts Creek (39.7136, -123.6896); Kenny Creek
(39.6838, -123.5929); Little Case Creek (39.6892, -123.5441); Mill Creek
(39.6839, -123.5118); Mud Creek (39.6713,
[[Page 210]]
-123.5741); Mud Springs Creek (39.6929, -123.5629); Redwood Creek
(39.6545, -123.6753); Rock Creek (39.6922, -123.6090); Section Four
Creek (39.6137, -123.5297); South Fork Eel River (39.6242, -123.5468);
Streeter Creek (39.7340, -123.5606); Ten Mile Creek (39.6652, -
123.4486); Unnamed Tributary (39.7004, -123.5678).
(x) Sequoia Hydrologic Sub-area 111141. Outlet(s) = Eel River (Lat
40.3557, Long -123.9191) upstream to endpoint(s) in: Beatty Creek
(40.3198, -123.7500); Brock Creek (40.2410, -123.7246); Cameron Creek
(40.3313, -123.7707); Dobbyn Creek (40.2216, -123.6029); Kapple Creek
(40.3531, -123.8585); Line Gulch Creek (40.1640, -123.4783); Mud Creek
(40.2078, -123.5143); North Fork Dobbyn Creek (40.2669, -123.5467);
Sonoma Creek (40.2974, -123.7953); South Fork Dobbyn Creek (40.1723, -
123.5112); South Fork Eel River (40.3500, -123.9305); South Fork
Thompson Creek (40.3447, -123.8334); Thompson Creek (40.3552, -
123.8417); Unnamed Tributary (40.2745, -123.5487).
(xi) Spy Rock Hydrologic Sub-area 111142. Outlet(s) = Eel River (Lat
40.1736, Long -123.6043) upstream to endpoint(s) in: Bear Pen Canyon
(39.6943, -123.4359); Bell Springs Creek (39.9457, -123.5313); Blue Rock
Creek (39.8937, -123.5018); Burger Creek (39.6693, -123.4034); Chamise
Creek (40.0035, -123.5945); Gill Creek (39.7879, -123.3465); Iron Creek
(39.7993, -123.4747); Jewett Creek (40.1122, -123.6171); Kekawaka Creek
(40.0686, -123.4087); Rock Creek (39.9347, -123.5187); Shell Rock Creek
(39.8414, -123.4614); Unnamed Tributary (39.7579, -123.4709); White Rock
Creek (39.7646, -123.4684); Woodman Creek (39.7612, -123.4364).
(xii) Outlet Creek Hydrologic Sub-area 111161. Outlet(s) = Outlet
Creek (Lat 39.6265, Long -123.3449) upstream to endpoint(s) in: Baechtel
Creek (39.3623, -123.4143); Berry Creek (39.4271, -123.2777); Bloody Run
Creek (39.5864, -123.3545); Broaddus Creek (39.3869, -123.4282); Cherry
Creek (39.6043, -123.4073); Conklin Creek (39.3756, -123.2570); Davis
Creek (39.3354, -123.2945); Haehl Creek (39.3735, -123.3172); Long
Valley Creek (39.6246, -123.4651); Mill Creek (39.4196, -123.3919);
Outlet Creek (39.4526, -123.3338); Ryan Creek (39.4804, -123.3644);
Unnamed Tributary (39.4956, -123.3591); Unnamed Tributary (39.4322, -
123.3848); Unnamed Tributary (39.5793, -123.4546); Unnamed Tributary
(39.3703, -123.3419); Upp Creek (39.4479, -123.3825); Willts Creek
(39.4686, -123.4299).
(xiii) Tomki Creek Hydrologic Sub-area 111162. Outlet(s) = Eel River
(Lat 39.7138, Long -123.3532) upstream to endpoint(s) in: Cave Creek
(39.3842, -123.2148); Dean Creek (39.6924, -123.3727); Garcia Creek
(39.5153, -123.1512); Little Cave Creek (39.3915, -123.2462); Little
Creek (39.4146, -123.2595); Long Branch Creek (39.4074, -123.1897);
Rocktree Creek (39.4534, -123.3053); Salmon Creek (39.4367, -123.1939);
Scott Creek (39.4492, -123.2286); String Creek (39.4658, -123.3206);
Tarter Creek (39.4715, -123.2976); Thomas Creek (39.4768, -123.1230);
Tomki Creek (39.5483, -123.3687); Whitney Creek (39.4399, -123.1084);
Wheelbarrow Creek (39.5012, -123.3304).
(xiv) Eden Valley Hydrologic Sub-area 111171. Outlet(s) = Middle
Fork Eel River (Lat 39.7138, Long -123.3532) upstream to endpoint(s) in:
Crocker Creek (39.5559, -123.0409); Eden Creek (39.5992, -123.1746); Elk
Creek (39.5371, -123.0101); Hayshed Creek (39.7082, -123.0967); Salt
Creek (39.6765, -123.2740); Sportsmans Creek (39.5373, -123.0247);
Sulper Springs (39.5536, -123.0365); Thatcher Creek (39.6686, -
123.0639).
(xv) Round Valley Hydrologic Sub-area 111172. Outlet(s) = Mill Creek
(Lat 39.7396, Long -123.1420); Williams Creek (39.8145, -123.1333)
upstream to endpoint(s) in: Cold Creek (39.8714, -123.2991); Grist Creek
(39.7640, -123.2883); Mill Creek (39.8481, -123.2896); Murphy Creek
(39.8885, -123.1612); Short Creek (39.8703, -123.2352); Town Creek
(39.7991, -123.2889); Turner Creek (39.7218, -123.2175); Williams Creek
(39.8903, -123.1212); Unnamed Tributary (39.7428, -123.2757); Unnamed
Tributary (39.7493, -123.2584).
(xvi) Black Butte River Hydrologic Sub-area 111173. Outlet(s) =
Black Butte River (Lat 39.8239, Long -123.0880) upstream to endpoint(s)
in: Black Butte River (39.5946, -122.8579); Buckhorn Creek (39.6563, -
122.9225); Cold Creek (39.6960, -122.9063); Estell Creek (39.5966, -
122.8224); Spanish Creek (39.6287, -122.8331).
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(xvii) Wilderness Hydrologic Sub-area 111174. Outlet(s) = Middle
Fork Eel River (Lat 39.8240, Long -123.0877) upstream to endpoint(s) in:
Beaver Creek (39.9352, -122.9943); Fossil Creek (39.9447, -123.0403);
Middle Fork Eel River (40.0780, -123.0442); North Fork Middle Fork Eel
River (40.0727, -123.1364); Palm of Gileade Creek (40.0229, -123.0647);
Pothole Creek (39.9347, -123.0440).
(6) Cape Mendocino Hydrologic Unit 1112--(i) Oil Creek Hydrologic
Sub-area 111210. Outlet(s) = Guthrie Creek (Lat 40.5407, Long -
124.3626); Oil Creek (40.5195, -124.3767) upstream to endpoint(s) in:
Guthrie Creek (40.5320, -124.3128); Oil Creek (40.5061, -124.2875);
Unnamed Tributary (40.4946, -124.3091); Unnamed Tributary (40.4982, -
124.3549); Unnamed Tributary (40.5141, -124.3573); Unnamed Tributary
(40.4992, -124.3070).
(ii) Capetown Hydrologic Sub-area 111220. Outlet(s) = Bear River
(Lat 40.4744, Long -124.3881); Davis Creek (40.3850, -124.3691); Singley
Creek (40.4311, -124.4034) upstream to endpoint(s) in: Antone Creek
(40.4281, -124.2114); Bear River (40.3591, -124.0536); Beer Bottle Gulch
(40.3949, -124.1410); Bonanza Gulch (40.4777, -124.2966); Brushy Creek
(40.4102, -124.1050); Davis Creek (40.3945, -124.2912); Harmonica Creek
(40.3775, -124.0735); Hollister Creek (40.4109, -124.2891); Nelson Creek
(40.3536, -124.1154); Peaked Creek (40.4123, -124.1897); Pullen Creek
(40.4057, -124.0814); Singley Creek (40.4177, -124.3305); South Fork
Bear River (40.4047, -124.2631); Unnamed Tributary (40.4271, -124.3107);
Unnamed Tributary (40.4814, -124.2741); Unnamed Tributary (40.3633, -
124.0651); Unnamed Tributary (40.3785, -124.0599); Unnamed Tributary
(40.4179, -124.2391); Unnamed Tributary (40.4040, -124.0923); Unnamed
Tributary (40.3996, -124.3175); Unnamed Tributary (40.4045, -124.0745);
Unnamed Tributary (40.4668, -124.2364); Unnamed Tributary (40.4389, -
124.2350); Unnamed Tributary (40.4516, -124.2238); Unnamed Tributary
(40.4136, -124.1594); Unnamed Tributary (40.4350, -124.1504); Unnamed
Tributary (40.4394, -124.3745); West Side Creek (40.4751, -124.2432).
(iii) Mattole River Hydrologic Sub-area 111230. Outlet(s) = Big
Creek (Lat 40.1567, Long -124.2114); Big Flat Creek (40.1275, -
124.1764); Buck Creek (40.1086, -124.1218); Cooskie Creek (40.2192, -
124.3105); Fourmile Creek (40.2561, -124.3578); Gitchell Creek (40.0938,
-124.1023); Horse Mountain Creek (40.0685, -124.0822); Kinsey Creek
(40.1717, -124.2310); Mattole River (40.2942, -124.3536); McNutt Gulch
(40.3541, -124.3619); Oat Creek (40.1785, -124.2445); Randall Creek
(40.2004, -124.2831); Shipman Creek (40.1175, -124.1449); Spanish Creek
(40.1835, -124.2569); Telegraph Creek (40.0473, -124.0798); Whale Gulch
(39.9623, -123.9785) upstream to endpoint(s) in: Anderson Creek
(40.0329, -123.9674); Baker Creek (40.0143, -123.9048); Bear Creek
(40.1262, -124.0631); Bear Creek (40.2819, -124.3336); Bear Trap Creek
(40.2157, -124.1422); Big Creek (40.1742, -124.1924); Big Finley Creek
(40.0910, -124.0179); Big Flat Creek (40.1444, -124.1636); Blue Slide
Creek (40.1562, -123.9283); Box Canyon Creek (40.1078, -123.9854);
Bridge Creek (40.0447, -124.0118); Buck Creek (40.1166, -124.1142);
Conklin Creek (40.3197, -124.2055); Cooskie Creek (40.2286, -124.2986);
Devils Creek (40.3432, -124.1365); Dry Creek (40.2646, -124.0660); East
Branch North Fork Mattole River (40.3333, -124.1490); East Fork Honeydew
Creek (40.1625, -124.0929); Eubank Creek (40.0997, -123.9661); Fire
Creek (40.1533, -123.9509); Fourmile Creek (40.2604, -124.3079);
Fourmile Creek (40.1767, -124.0759); French Creek (40.1384, -124.0072);
Gibson Creek (40.0304, -123.9279); Gilham Creek (40.2078, -124.0085);
Gitchell Creek (40.1086, -124.0947); Green Ridge Creek (40.3254, -
124.1258); Grindstone Creek (40.2019, -123.9890); Harris Creek (40.0381,
-123.9304); Harrow Creek (40.1612, -124.0292); Helen Barnum Creek
(40.0036, -123.9101); Honeydew Creek (40.1747, -124.1410); Horse
Mountain Creek (40.0769, -124.0729); Indian Creek (40.2772, -124.2759);
Jewett Creek (40.1465, -124.0414); Kinsey Creek (40.1765, -124.2220);
Lost Man Creek (39.9754, -123.9179); Mattole Canyon (40.2021, -
123.9570); Mattole River (39.9714, -123.9623); McGinnis Creek (40.3186,
-124.1801); McKee Creek (40.0864, -123.9480); McNutt Gulch (40.3458, -
124.3418); Middle Creek (40.2591, -124.0366); Mill Creek (40.0158, -
123.9693); Mill Creek (40.3305, -124.2598); Mill Creek (40.2839, -
124.2946); Nooning Creek (40.0616, -124.0050); North Fork
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Mattole River (40.3866, -124.1867); North Fork Bear Creek (40.1494, -
124.1060); North Fork Fourmile Creek (40.2019, -124.0722); Oat Creek
(40.1884, -124.2296); Oil Creek (40.3214, -124.1601); Painter Creek
(40.0844, -123.9639); Prichett Creek (40.2892, -124.1704); Randall Creek
(40.2092, -124.2668); Rattlesnake Creek (40.3250, -124.0981); Shipman
Creek (40.1250, -124.1384); Sholes Creek (40.1603, -124.0619); South
Branch West Fork Bridge Creek (40.0326, -123.9853); South Fork Bear
Creek (40.0176, -124.0016); Spanish Creek (40.1965, -124.2429); Squaw
Creek (40.1934, -124.2002); Stanley Creek (40.0273, -123.9166); Sulphur
Creek (40.3647, -124.1586); Telegraph Creek (40.0439, -124.0640);
Thompson Creek (39.9913, -123.9707); Unnamed Tributary (40.3475, -
124.1606); Unnamed Tributary (40.3522, -124.1533); Unnamed Tributary
(40.0891, -123.9839); Unnamed Tributary (40.2223, -124.0172); Unnamed
Tributary (40.1733, -123.9515); Unnamed Tributary (40.2899, -124.0955);
Unnamed Tributary (40.2853, -124.3227); Unnamed Tributary (39.9969, -
123.9071); Upper East Fork Honeydew Creek (40.1759, -124.1182); Upper
North Fork Mattole River (40.2907, -124.1115); Vanauken Creek (40.0674,
-123.9422); West Fork Bridge Creek (40.0343, -123.9990); West Fork
Honeydew Creek (40.1870, -124.1614); Westlund Creek (40.2440, -
124.0036); Whale Gulch (39.9747, -123.9812); Woods Creek (40.2119, -
124.1611); Yew Creek (40.0018, -123.9762).
(7) Mendocino Coast Hydrologic Unit 1113--(i) Usal Creek Hydrologic
Sub-area 111311. Outlet(s) = Jackass Creek (Lat 39.8806, Long -
123.9155); Usal Creek (39.8316, -123.8507) upstream to endpoint(s) in:
Bear Creek (39.8898, -123.8344); Jackass Creek (39.8901, -123.8928);
Julias Creek (39.8542, -123.7937); Little Bear Creek (39.8629, -
123.8400); North Fork Jackass Creek (39.9095, -123.9101); North Fork
Julias Creek (39.8581, -123.8045); Soldier Creek (39.8679, -123.8162);
South Fork Usal Creek (39.8356, -123.7865); Unnamed Tributary (39.8890,
-123.8480); Usal Creek (39.8957, -123.8797); Waterfall Gulch (39.8787, -
123.8680).
(ii) Wages Creek Hydrologic Sub-area 111312. Outlet(s) = Cottaneva
Creek (Lat 39.7360, Long -123.8293); DeHaven Creek (39.6592, -123.7863);
Hardy Creek (39.7107, -123.8082); Howard Creek (39.6778, -123.7915);
Juan Creek (39.7028, -123.8042); Wages Creek (39.6513, -123.7851)
upstream to endpoint(s) in: Cottaneva Creek (39.7825, -123.8210);
DeHaven Creek (39.6687, -123.7060); Dunn Creek (39.8103, -123.8320);
Hardy Creek (39.7221, -123.7822); Howard Creek (39.6808, -123.7463);
Juan Creek (39.7107, -123.7472); Kimball Gulch (39.7559, -123.7828);
Little Juan Creek (39.7003, -123.7609); Middle Fork Cottaneva Creek
(39.7738, -123.8058); North Fork Cottaneva Creek (39.8011, -123.8047);
North Fork Dehaven Creek (39.6660, -123.7382); North Fork Wages Creek
(39.6457, -123.7066); Rider Gulch (39.6348, -123.7621); Rockport Creek
(39.7346, -123.8021); Slaughterhouse Gulch (39.7594, -123.7914); South
Fork Cottaneva Creek (39.7447, -123.7773); South Fork Wages Creek
(39.6297, -123.6862); Wages Creek (39.6297, -123.6862).
(iii) Ten Mile River Hydrologic Sub-area 111313. Outlet(s) =
Abalobadiah Creek (Lat 39.5654, Long -123.7672); Chadbourne Gulch
(39.6133, -123.7822); Ten Mile River (39.5529, -123.7658); Seaside Creek
(39.5592, -123.7655) upstream to endpoint(s) in: Abalobadiah Creek
(39.5878, -123.7503); Bald Hill Creek (39.6278, -123.6461); Barlow Gulch
(39.6046, -123.7384); Bear Pen Creek (39.5824, -123.6402); Booth Gulch
(39.5567, -123.5918); Buckhorn Creek (39.6093, -123.6980); Campbell
Creek (39.5053, -123.6610); Cavanough Gulch (39.6107, -123.6776);
Chadbourne Gulch (39.6190, -123.7682); Clark Fork (39.5280, -123.5134);
Curchman Creek (39.4789, -123.6398); Gulch 11 (39.4687, -123.5816);
Gulch 19 (39.5939, -123.5781); Little Bear Haven Creek (39.5655, -
123.6147); Little North Fork (39.6264, -123.7350); Mill Creek (39.5392,
-123.7068); North Fork Ten Mile River (39.5870, -123.5480); O'Conner
Gulch (39.6042, -123.6632); Patsy Creek (39.5714, -123.5669); Redwood
Creek (39.5142, -123.5620); Seaside Creek (39.5612, -123.7501); Smith
Creek (39.5251, -123.6499); South Fork Bear Haven Creek (39.5688, -
123.6527); South Fork Ten Mile River (39.5083, -123.5395); Ten Mile
River (39.5721, -123.7098); Unnamed Tributary (39.5180, -123.5948);
Unnamed Tributary (39.5146, -123.6183); Unnamed Tributary (39.5898, -
123.7657); Unnamed Tributary (39.5813, -123.7526); Unnamed Tributary
(39.5936, -123.6034).
[[Page 213]]
(iv) Noyo River Hydrologic Sub-area 111320. Outlet(s) = Digger Creek
(Lat 39.4088, Long -123.8164); Hare Creek (39.4171, -123.8128); Jug
Handle Creek (39.3767, -123.8176); Mill Creek (39.4894, -123.7967);
Mitchell Creek (39.3923, -123.8165); Noyo River (39.4274, -123.8096);
Pudding Creek (39.4588, -123.8089); Virgin Creek (39.4714, -123.8045)
upstream to endpoint(s) in: Bear Gulch (39.3881, -123.6614); Brandon
Gulch (39.4191, -123.6645); Bunker Gulch (39.3969, -123.7153); Burbeck
Creek (39.4354, -123.4235); Covington Gulch (39.4099, -123.7546);
Dewarren Creek (39.4974, -123.5535); Digger Creek (39.3932, -123.7820);
Duffy Gulch (39.4469, -123.6023); Gulch Creek (39.4441, -123.4684);
Gulch Seven (39.4523, -123.5183); Hare Creek (39.3781, -123.6922);
Hayworth Creek (39.4857, -123.4769); Hayshed Creek (39.4200, -123.7391);
Jug Handle Creek (39.3647, -123.7523); Kass Creek (39.4262, -123.6807);
Little North Fork (39.4532, -123.6636); Little Valley Creek (39.5026, -
123.7277); Marble Gulch (39.4423, -123.5479); McMullen Creek (39.4383, -
123.4488); Middle Fork North Fork (39.4924, -123.5231); Mill Creek
(39.4813, -123.7600); Mitchell Creek (39.3813, -123.7734); North Fork
Hayworth Creek (39.4891, -123.5026); North Fork Noyo River (39.4765, -
123.5535); North Fork Noyo (39.4765, -123.5535); North Fork South Fork
Noyo River (39.3971, -123.6108); Noyo River (39.4242, -123.4356); Olds
Creek (39.3964, -123.4448); Parlin Creek (39.3700, -123.6111); Pudding
Creek (39.4591, -123.6516); Redwood Creek (39.4660, -123.4571); South
Fork Hare Creek (39.3785, -123.7384); South Fork Noyo River (39.3620, -
123.6188); Unnamed Tributary (39.4113, -123.5621); Unnamed Tributary
(39.3918, -123.6425); Unnamed Tributary (39.4168, -123.4578); Unnamed
Tributary (39.4656, -123.7467); Unnamed Tributary (39.4931, -123.7371);
Unnamed Tributary (39.4922, -123.7381); Unnamed Tributary (39.4939, -
123.7184); Unnamed Tributary (39.4158, -123.6428); Unnamed Tributary
(39.4002, -123.7347); Unnamed Tributary (39.3831, -123.6177); Unnamed
Tributary (39.4926, -123.4764); Virgin Creek (39.4621, -123.7855);
Unnamed Tributary (39.4650, -123.7463).
(v) Big River Hydrologic Sub-area 111330. Outlet(s) = Big River (Lat
39.3030, Long -123.7957); Casper Creek (39.3617, -123.8169); Doyle Creek
(39.3603, -123.8187); Jack Peters Creek (39.3193, -123.8006); Russian
Gulch (39.3288, -123.8050) upstream to endpoint(s) in: Berry Gulch
(39.3585, -123.6930); Big River (39.3166, -123.3733); Casper Creek
(39.3462, -123.7556); Chamberlain Creek (39.4007, -123.5317); Daugherty
Creek (39.1700, -123.3699); Doyle Creek (39.3517, -123.8007); East
Branch Little North Fork Big River (39.3372, -123.6410); East Branch
North Fork Big River (39.3354, -123.4652); Gates Creek (39.2083, -
123.3944); Jack Peters Gulch (39.3225, -123.7850); James Creek (39.3922,
-123.4747); Johnson Creek (39.1963, -123.3927); Johnson Creek (39.2556,
-123.4485); Laguna Creek (39.2910, -123.6334); Little North Fork Big
River (39.3497, -123.6242); Marten Creek (39.3290, -123.4279); Mettick
Creek (39.2591, -123.5193); Middle Fork North Fork Casper Creek
(39.3575, -123.7170); North Fork Big River (39.3762, -123.4591); North
Fork Casper Creek (39.3610, -123.7356); North Fork James Creek (39.3980,
-123.4939); North Fork Ramone Creek (39.2760, -123.4846); Pig Pen Gulch
(39.3226, -123.4609); Pruitt Creek (39.2592, -123.3812); Ramone Creek
(39.2714, -123.4415); Rice Creek (39.2809, -123.3963); Russell Brook
(39.2863, -123.4461); Russian Gulch (39.3237, -123.7650); Snuffins Creek
(39.1836, -123.3854); Soda Creek (39.2230, -123.4239); South Fork Big
River (39.2317, -123.3687); South Fork Casper Creek (39.3493, -
123.7216); Two Log Creek (39.3484, -123.5781); Unnamed Tributary
(39.3897, -123.5556); Unnamed Tributary (39.3637, -123.5464); Unnamed
Tributary (39.3776, -123.5274); Unnamed Tributary (39.4029, -123.5771);
Valentine Creek (39.2694, -123.3957); Water Gulch (39.3607, -123.5891).
(vi) Albion River Hydrologic Sub-area 111340. Outlet(s) = Albion
River (Lat 39.2253, Long -123.7679); Big Salmon Creek (39.2150, -
123.7660); Buckhorn Creek (39.2593, -123.7839); Dark Gulch (39.2397, -
123.7740); Little Salmon Creek (39.2150, -123.7660); Little River
(39.2734, -123.7914) upstream to endpoint(s) in: Albion River (39.2613,
-123.5766); Big Salmon Creek (39.2070, -123.6514); Buckhorn Creek
(39.2513, -123.7595); Dark Gulch (39.2379, -123.7592); Duck Pond Gulch
(39.2456, -123.6960); East Railroad Gulch (39.2604, -123.6381);
[[Page 214]]
Hazel Gulch (39.2141, -123.6418); Kaison Gulch (39.2733, -123.6803);
Little North Fork South Fork Albion River (39.2350, -123.6431); Little
River (39.2683, -123.7190); Little Salmon Creek (39.2168, -123.7515);
Marsh Creek (39.2325, -123.5596); Nordon Gulch (39.2489, -123.6503);
North Fork Albion River (39.2854, -123.5752); Pleasant Valley Gulch
(39.2379, -123.6965); Railroad Gulch (39.2182, -123.6932); Soda Springs
Creek (39.2943, -123.5944); South Fork Albion River (39.2474, -
123.6107); Tom Bell Creek (39.2805, -123.6519); Unnamed Tributary
(39.2279, -123.6972); Unnamed Tributary (39.2194, -123.7100); Unnamed
Tributary (39.2744, -123.5889); Unnamed Tributary (39.2254, -123.6733).
(vii) Navarro River Hydrologic Sub-area 111350. Outlet(s) = Navarro
River (Lat 39.1921, Long -123.7611) upstream to endpoint(s) in: Alder
Creek (38.9830, -123.3946); Anderson Creek (38.9644, -123.2907); Bailey
Creek (39.1733, -123.4804); Barton Gulch (39.1804, -123.6783); Bear
Creek (39.1425, -123.4326); Bear Wallow Creek (39.0053, -123.4075);
Beasley Creek (38.9366, -123.3265); Bottom Creek (39.2117, -123.4607);
Camp 16 Gulch (39.1937, -123.6095); Camp Creek (38.9310, -123.3527);
Cold Spring Creek (39.0376, -123.5027); Con Creek (39.0374, -123.3816);
Cook Creek (39.1879, -123.5109); Cune Creek (39.1622, -123.6014); Dago
Creek (39.0731, -123.5068); Dead Horse Gulch (39.1576, -123.6124); Dutch
Henry Creek (39.2112, -123.5794); Floodgate Creek (39.1291, -123.5365);
Fluem Gulch (39.1615, -123.6695); Flynn Creek (39.2099, -123.6032);
German Creek (38.9452, -123.4269); Gut Creek (39.0803, -123.3312); Ham
Canyon (39.0164, -123.4265); Horse Creek (39.0144, -123.4960); Hungry
Hollow Creek (39.1327, -123.4488); Indian Creek (39.0708, -123.3301);
Jimmy Creek (39.0117, -123.2888); John Smith Creek (39.2275, -123.5366);
Little North Fork Navarro River (39.1941, -123.4553); Low Gap Creek
(39.1590, -123.3783); Navarro River (39.0537, -123.4409); Marsh Gulch
(39.1692, -123.7049); McCarvey Creek (39.1589, -123.4048); Mill Creek
(39.1270, -123.4315); Minnie Creek (38.9751, -123.4529); Murray Gulch
(39.1755, -123.6966); Mustard Gulch (39.1673, -123.6393); North Branch
(39.2069, -123.5361); North Fork Indian Creek (39.1213, -123.3345);
North Fork Navarro River (39.1708, -123.5606); Parkinson Gulch (39.0768,
-123.4070); Perry Gulch (39.1342, -123.5707); Rancheria Creek (38.8626,
-123.2417); Ray Gulch (39.1792, -123.6494); Robinson Creek (38.9845, -
123.3513); Rose Creek (39.1358, -123.3672); Shingle Mill Creek (39.1671,
-123.4223); Soda Creek (39.0238, -123.3149); Soda Creek (39.1531, -
123.3734); South Branch (39.1409, -123.3196); Spooner Creek (39.2221, -
123.4811); Tramway Gulch (39.1481, -123.5958); Yale Creek (38.8882, -
123.2785).
(viii) Greenwood Creek Hydrologic Sub-area 111361. Outlet(s) =
Greenwood Creek (Lat 39.1262, Long -123.7181) upstream to endpoint(s)
in: Greenwood Creek (39.0894, -123.5924).
(ix) Elk Creek Hydrologic Sub-area 111362. Outlet(s) = Elk Creek
(Lat 39.1024, Long -123.7080) upstream to endpoint(s) in: Elk Creek
(39.0657, -123.6245).
(x) Alder Creek Hydrologic Sub-area 111363. Outlet(s) = Alder Creek
(Lat 39.0044, Long -123.6969); Mallo Pass Creek (39.0341, -123.6896)
upstream to endpoint(s) in: Alder Creek (38.9961, -123.6471); Mallo Pass
Creek (39.0287, -123.6373).
(xi) Brush Creek Hydrologic Sub-area 111364. Outlet(s) = Brush Creek
(Lat 38.9760, Long -123.7120) upstream to endpoint(s) in: Brush Creek
(38.9730, -123.5563); Mill Creek (38.9678, -123.6515); Unnamed Tributary
(38.9724, -123.6571).
(xii) Garcia River Hydrologic Sub-area 111370. Outlet(s) = Garcia
River (Lat 38.9550, Long -123.7338); Point Arena Creek (38.9141, -
123.7103); Schooner Gulch (38.8667, -123.6550) upstream to endpoint(s)
in: Blue Water Hole Creek (38.9378, -123.5023); Flemming Creek (38.8384,
-123.5361); Garcia River (38.8965, -123.3681); Hathaway Creek (38.9287,
-123.7011); Inman Creek (38.8804, -123.4370); Larmour Creek (38.9419, -
123.4469); Mill Creek (38.9078, -123.3143); North Fork Garcia River
(38.9233, -123.5339); North Fork Schooner Gulch (38.8758, -123.6281);
Pardaloe Creek (38.8895, -123.3423); Point Arena Creek (38.9069, -
123.6838); Redwood Creek (38.9241, -123.3343); Rolling Brook (38.8965, -
123.5716); Schooner Gulch (38.8677, -123.6198); South Fork Garcia River
(38.8450, -123.5420); Stansburry Creek (38.9422, -123.4720); Signal
Creek (38.8639, -123.4414); Unnamed Tributary
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(38.8758, -123.5692); Unnamed Tributary (38.8818, -123.5723); Whitlow
Creek (38.9141, -123.4624).
(xiii) North Fork Gualala River Hydrologic Sub-area 111381.
Outlet(s) = North Fork Gualala River (Lat 38.7784, Long -123.4992)
upstream to endpoint(s) in: Bear Creek (38.8347, -123.3842); Billings
Creek (38.8652, -123.3496); Doty Creek (38.8495, -123.5131); Dry Creek
(38.8416, -123.4455); Little North Fork Gualala River (38.8295, -
123.5570); McGann Gulch (38.8026, -123.4458); North Fork Gualala River
(38.8479, -123.4113); Robinson Creek (38.8416, -123.3725); Robinson
Creek (38.8386, -123.4991); Stewart Creek (38.8109, -123.4157); Unnamed
Tributary (38.8487, -123.3820).
(xiv) Rockpile Creek Hydrologic Sub-area 111382. Outlet(s) =
Rockpile Creek (Lat 38.7507, Long -123.4706) upstream to endpoint(s) in:
Rockpile Creek (38.7966, -123.3872).
(xv) Buckeye Creek Hydrologic Sub-area 111383. Outlet(s) = Buckeye
Creek (Lat 38.7403, Long -123.4580) upstream to endpoint(s) in: Buckeye
Creek (38.7400, -123.2697); Flat Ridge Creek (38.7616, -123.2400);
Franchini Creek (38.7500, -123.3708); North Fork Buckeye (38.7991, -
123.3166).
(xvi) Wheatfield Fork Hydrologic Sub-area 111384. Outlet(s) =
Wheatfield Fork Gualala River (Lat 38.7018, Long -123.4168) upstream to
endpoint(s) in: Danfield Creek (38.6369, -123.1431); Fuller Creek
(38.7109, -123.3256); Haupt Creek (38.6220, -123.2551); House Creek
(38.6545, -123.1184); North Fork Fuller Creek (38.7252, -123.2968);
Pepperwood Creek (38.6205, -123.1665); South Fork Fuller Creek (38.6973,
-123.2860); Tombs Creek (38.6989, -123.1616); Unnamed Tributary
(38.7175, -123.2744); Wheatfield Fork Gualala River (38.7497, -
123.2215).
(xvii) Gualala Hydrologic Sub-area 111385. Outlet(s) = Fort Ross
Creek (Lat 38.5119, Long -123.2436); Gualala River (38.7687, -123.5334);
Kolmer Gulch (38.5238, -123.2646) upstream to endpoint(s) in: Big
Pepperwood Creek (38.7951, -123.4638); Carson Creek (38.5653, -
123.1906); Fort Ross Creek (38.5174, -123.2363); Groshong Gulch
(38.7814, -123.4904); Gualala River (38.7780, -123.4991); Kolmer Gulch
(38.5369, -123.2247); Little Pepperwood (38.7738, -123.4427); Marshall
Creek (38.5647, -123.2058); McKenzie Creek (38.5895, -123.1730); Palmer
Canyon Creek (38.6002, -123.2167); South Fork Gualala River (38.5646, -
123.1689); Sproule Creek (38.6122, -123.2739); Turner Canyon (38.5294, -
123.1672); Unknown Tributary (38.5634, -123.2003).
(xviii) Russian Gulch Hydrologic Sub-area 111390. Outlet(s) =
Russian Gulch Creek (Lat 38.4669, Long -123.1569) upstream to
endpoint(s) in: Russian Gulch Creek (38.4956, -123.1535); West Branch
Russian Gulch Creek (38.4968, -123.1631).
(8) Maps of critical habitat for the Northern California Steelhead
ESU follow:
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(h) Central California Coast Steelhead (O. mykiss). Critical habitat
is designated to include the areas defined in the following CALWATER
Hydrologic Units:
(1) Russian River Hydrologic Unit 1114--(i) Guerneville Hydrologic
Sub-area 111411. Outlet(s) = Russian River (Lat 38.4507, Long -123.1289)
upstream to endpoint(s) in: Atascadero Creek (38.3473, -122.8626);
Austin Creek
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(38.5098, -123.0680); Baumert Springs (38.4195, -122.9658); Dutch Bill
Creek (38.4132, -122.9508); Duvoul Creek (38.4527, -122.9525); Fife
Creek (38.5584, -122.9922); Freezeout Creek (38.4405, -123.0360); Green
Valley Creek, (38.4445, -122.9185); Grub Creek (38.4411, -122.9636);
Hobson Creek (38.5334, -122.9401); Hulbert Creek (38.5548, -123.0362);
Jenner Gulch (38.4869, -123.0996); Kidd Creek (38.5029, -123.0935);
Lancel Creek (38.4247, -122.9322); Mark West Creek (38.4961, -122.8489);
Mays Canyon (38.4800, -122.9715); North Fork Lancel Creek (38.4447, -
122.9444); Pocket Canyon (38.4650, -122.9267); Porter Creek (38.5435, -
122.9332); Purrington Creek (38.4083, -122.9307); Sheep House Creek
(38.4820, -123.0921); Smith Creek (38.4622, -122.9585); Unnamed
Tributary (38.4560, -123.0246); Unnamed Tributary (38.3976, -122.8994);
Unnamed Tributary (38.3772, -122.8938); Willow Creek (38.4249, -
123.0022).
(ii) Austin Creek Hydrologic Sub-area 111412. Outlet(s) = Austin
Creek (Lat 38.5098, Long -123.0680) upstream to endpoint(s) in: Austin
Creek (38.6262, -123.1347); Bear Pen Creek (38.5939, -123.1644); Big Oat
Creek (38.5615, -123.1299); Black Rock Creek (38.5586, -123.0730); Blue
Jay Creek (38.5618, -123.1399); Conshea Creek (38.5830, -123.0824);
Devil Creek (38.6163, -123.0425); East Austin Creek (38.6349, -
123.1238); Gilliam Creek (38.5803, -123.0152); Gray Creek (38.6132, -
123.0107); Thompson Creek (38.5747, -123.0300); Pole Mountain Creek
(38.5122, -123.1168); Red Slide Creek (38.6039, -123.1141); Saint Elmo
Creek (38.5130, -123.1125); Schoolhouse Creek (38.5595, -123.0175);
Spring Creek (38.5041, -123.1364); Sulphur Creek (38.6187, -123.0553);
Ward Creek (38.5720, -123.1547).
(iii) Mark West Hydrologic Sub-area 111423. Outlet(s) = Mark West
Creek (Lat 38.4962, Long -122.8492) upstream to endpoint(s) in: Humbug
Creek (38.5412, -122.6249); Laguna de Santa Rosa (38.4526, -122.8347);
Mark West Creek (38.5187, -122.5995); Pool Creek (38.5486, -122.7641);
Pruit Creek (38.5313, -122.7615); Windsor Creek (38.5484, -122.8101).
(iv) Warm Springs Hydrologic Sub-area 111424. Outlet(s) = Dry Creek
(Lat 38.5862, Long -122.8577) upstream to endpoint(s) in: Angel Creek
(38.6101, -122.9833); Crane Creek (38.6434, -122.9451); Dry Creek
(38.7181, -123.0091); Dutcher Creek (38.7223, -122.9770); Felta Creek
(38.5679, -122.9379); Foss Creek (38.6244, -122.8754); Grape Creek
(38.6593, -122.9707); Mill Creek (38.5976, -122.9914); North Slough
Creek (38.6392, -122.8888); Palmer Creek (38.5770, -122.9904); Pena
Creek (38.6384, -123.0743); Redwood Log Creek (38.6705, -123.0725); Salt
Creek (38.5543, -122.9133); Wallace Creek (38.6260, -122.9651); Wine
Creek (38.6662, -122.9682); Woods Creek (38.6069, -123.0272).
(v) Geyserville Hydrologic Sub-area 111425. Outlet(s) = Russian
River (Lat 38.6132, Long -122.8321) upstream to endpoint(s) in: Ash
Creek (38.8556, -123.0082); Bear Creek (38.7253, -122.7038); Bidwell
Creek (38.6229, -122.6320); Big Sulphur Creek (38.8279, -122.9914);
Bluegum Creek (38.6988, -122.7596); Briggs Creek (38.6845, -122.6811);
Coon Creek (38.7105, -122.6957); Crocker Creek (38.7771, -122.9595);
Edwards Creek (38.8592, -123.0758); Foote Creek (38.6433, -122.6797);
Foss Creek (38.6373, -122.8753); Franz Creek (38.5726, -122.6343); Gill
Creek (38.7552, -122.8840); Gird Creek (38.7055, -122.8311); Ingalls
Creek (38.7344, -122.7192); Kellog Creek (38.6753, -122.6422); Little
Briggs Creek (38.7082, -122.7014); Maacama Creek (38.6743, -122.7431);
McDonnell Creek (38.7354, -122.7338); Mill Creek (38.7009, -122.6490);
Miller Creek (38.7211, -122.8608); Oat Valley Creek (38.8461, -
123.0712); Redwood Creek (38.6342, -122.6720); Sausal Creek (38.6924, -
122.7930); South Fork Gill Creek (38.7420, -122.8760); Unnamed Tributary
(38.7329, -122.8601); Yellowjacket Creek (38.6666, -122.6308).
(vi) Sulphur Creek Hydrologic Sub-area 111426. Outlet(s) = Big
Sulphur Creek (Lat 38.8279, Long -122.9914) upstream to endpoint(s) in:
Alder Creek (38.8503, -122.8953); Anna Belcher Creek (38.7537, -
122.7586); Big Sulphur Creek (38.8243, -122.8774); Frasier Creek
(38.8439, -122.9341); Humming Bird Creek (38.8460, -122.8596); Little
Sulphur Creek (38.7469, -122.7425); Lovers Gulch (38.7396, -122.8275);
North Branch Little Sulphur Creek (38.7783, -122.8119); Squaw Creek
(38.8199, -122.7945).
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(vii) Ukiah Hydrologic Sub-area 111431. Outlet(s) = Russian River
(Lat 38.8828, Long -123.0557) upstream to endpoint(s) in: Pieta Creek
(38.8622, -122.9329).
(viii) Forsythe Creek Hydrologic Sub-area 111433. Outlet(s) = West
Branch Russian River (Lat 39.2257, Long -123.2012) upstream to
endpoint(s) in: Bakers Creek (39.2859, -123.2432); Eldridge Creek
(39.2250, -123.3309); Forsythe Creek (39.2976, -123.2963); Jack Smith
Creek (39.2754, -123.3421); Mariposa Creek (39.3472, -123.2625); Mill
Creek (39.2969, -123.3360); Salt Hollow Creek (39.2585, -123.1881);
Seward Creek (39.2606, -123.2646); West Branch Russian River (39.3642, -
123.2334).
(2) Bodega Hydrologic Unit 1115--(i) Salmon Creek Hydrologic Sub-
area 111510. Outlet(s) = Salmon Creek (Lat 38.3554, Long -123.0675)
upstream to endpoint(s) in: Coleman Valley Creek (38.3956, -123.0097);
Faye Creek (38.3749, -123.0000); Finley Creek (38.3707, -123.0258);
Salmon Creek (38.3877, -122.9318); Tannery Creek (38.3660, -122.9808).
(ii) Estero Americano Hydrologic Sub-area 111530. Outlet(s) = Estero
Americano (Lat 38.2939, Long -123.0011) upstream to endpoint(s) in:
Estero Americano (38.3117, -122.9748); Ebabias Creek (38.3345, -
122.9759).
(3) Marin Coastal Hydrologic Unit 2201--(i) Walker Creek Hydrologic
Sub-area 220112. Outlet(s) = Walker Creek (Lat 38.2213, Long -122.9228);
Millerton Gulch (38.1055, -122.8416) upstream to endpoint(s) in: Chileno
Creek (38.2145, -122.8579); Frink Canyon (38.1761, -122.8405); Millerton
Gulch (38.1376, -122.8052); Verde Canyon (38.1630, -122.8116); Unnamed
Tributary (38.1224, -122.8095); Walker Creek (38.1617, -122.7815).
(ii) Lagunitas Creek Hydrologic Sub-area 220113. Outlet(s) =
Lagunitas Creek (Lat 38.0827, Long -122.8274) upstream to endpoint(s)
in: Cheda Creek (38.0483, -122.7329); Devil's Gulch (38.0393, -
122.7128); Giacomini Creek (38.0075, -122.7386); Horse Camp Gulch
(38.0078, -122.7624); Lagunitas Creek (37.9974, -122.7045); Olema Creek
(37.9719, -122.7125); Quarry Gulch (38.0345, -122.7639); San Geronimo
Creek (38.0131, -122.6499); Unnamed Tributary (37.9893, -122.7328);
Unnamed Tributary (37.9976, -122.7553).
(iii) Point Reyes Hydrologic Sub-area 220120. Outlet(s) = Creamery
Bay Creek (Lat 38.0779, Long -122.9572); East Schooner Creek (38.0913, -
122.9293); Home Ranch (38.0705, -122.9119); Laguna Creek (38.0235, -
122.8732); Muddy Hollow Creek (38.0329, -122.8842) upstream to
endpoint(s) in: Creamery Bay Creek (38.0809, -122.9561); East Schooner
Creek (38.0928, -122.9159); Home Ranch Creek (38.0784, -122.9038);
Laguna Creek (38.0436, -122.8559); Muddy Hollow Creek (38.0549, -
122.8666).
(iv) Bolinas Hydrologic Sub-area 220130. Outlet(s) = Easkoot Creek
(Lat 37.9026, Long -122.6474); McKinnon Gulch (37.9126, -122.6639);
Morse Gulch (37.9189, -122.6710); Pine Gulch Creek (37.9218, -122.6882);
Redwood Creek (37.8595, -122.5787); Stinson Gulch (37.9068, -122.6517);
Wilkins Creek (37.9343, -122.6967) upstream to endpoint(s) in: Easkoot
Creek (37.8987, -122.6370); Kent Canyon (37.8866, -122.5800); McKinnon
Gulch (37.9197, -122.6564); Morse Gulch (37.9240, -122.6618); Pine Gulch
Creek (37.9557, -122.7197); Redwood Creek (37.9006, -122.5787); Stinson
Gulch (37.9141, -122.6426); Wilkins Creek (37.9450, -122.6910).
(4) San Mateo Hydrologic Unit 2202--(i) San Mateo Coastal Hydrologic
Sub-area 220221. Outlet(s) = Denniston Creek (37.5033, -122.4869);
Frenchmans Creek (37.4804, -122.4518); San Pedro Creek (37.5964, -
122.5057) upstream to endpoint(s) in: Denniston Creek (37.5184, -
122.4896); Frenchmans Creek (37.5170, -122.4332); Middle Fork San Pedro
Creek (37.5758, -122.4591); North Fork San Pedro Creek (37.5996, -
122.4635).
(ii) Half Moon Bay Hydrologic Sub-area 220222. Outlet(s) =
Pilarcitos Creek (Lat 37.4758, Long -122.4493) upstream to endpoint(s)
in: Apanolio Creek (37.5202, -122.4158); Arroyo Leon Creek (37.4560, -
122.3442); Mills Creek (37.4629, -122.3721); Pilarcitos Creek (37.5259,
-122.3980); Unnamed Tributary (37.4705, -122.3616).
(iii) Tunitas Creek Hydrologic Sub-area 220223. Outlet(s) = Lobitos
Creek (Lat 37.3762, Long -122.4093); Tunitas Creek (37.3567, -122.3999)
upstream to endpoint(s) in: East Fork Tunitas Creek (37.3981, -
122.3404); Lobitos Creek (37.4246, -122.3586); Tunitas Creek (37.4086, -
122.3502).
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(iv) San Gregorio Creek Hydrologic Sub-area 220230. Outlet(s) = San
Gregorio Creek (Lat 37.3215, Long -122.4030) upstream to endpoint(s) in:
Alpine Creek (37.3062, -122.2003); Bogess Creek (37.3740, -122.3010); El
Corte Madera Creek (37.3650, -122.3307); Harrington Creek (37.3811, -
122.2936); La Honda Creek (37.3680, -122.2655); Langley Creek (37.3302,
-122.2420); Mindego Creek (37.3204, -122.2239); San Gregorio Creek
(37.3099, -122.2779); Woodruff Creek (37.3415, -122.2495).
(v) Pescadero Creek Hydrologic Sub-area 220240. Outlet(s) =
Pescadero Creek (Lat 37.2669, Long -122.4122); Pomponio Creek (37.2979,
-122.4061) upstream to endpoint(s) in: Bradley Creek (37.2819, -
122.3802); Butano Creek (37.2419, -122.3165); Evans Creek (37.2659, -
122.2163); Honsinger Creek (37.2828, -122.3316); Little Boulder Creek
(37.2145, -122.1964); Little Butano Creek (37.2040, -122.3492); Oil
Creek (37.2572, -122.1325); Pescadero Creek (37.2320, -122.1553);
Lambert Creek (37.3014, -122.1789); Peters Creek (37.2883, -122.1694);
Pomponio Creek (37.3030, -122.3805); Slate Creek (37.2530, -122.1935);
Tarwater Creek (37.2731, -122.2387); Waterman Creek (37.2455, -
122.1568).
(5) Bay Bridge Hydrologic UnitT 2203--(i) San Rafael Hydrologic Sub-
area 220320. Outlet(s) = Arroyo Corte Madera del Presidio (Lat 37.8917,
Long -122.5254); Corte Madera Creek (37.9425, -122.5059) upstream to
endpoint(s) in: Arroyo Corte Madera del Presidio (37.9298, -122.5723);
Cascade Creek (37.9867, -122.6287); Cascade Creek (37.9157, -122.5655);
Larkspur Creek (37.9305, -122.5514); Old Mill Creek (37.9176, -
122.5746); Ross Creek (37.9558, -122.5752); San Anselmo Creek (37.9825,
-122.6420); Sleepy Hollow Creek (38.0074, -122.5794); Tamalpais Creek
(37.9481, -122.5674).
(ii) [Reserved]
(6) Santa Clara Hydrologic Unit 2205--(i) Coyote Creek Hydrologic
Sub-area 220530. Outlet(s) = Coyote Creek (Lat 37.4629, Long -121.9894;
37.2275, -121.7514) upstream to endpoint(s) in: Arroyo Aguague (37.3907,
-121.7836); Coyote Creek (37.2778, -121.8033; 37.1677, -121.6301); Upper
Penitencia Creek (37.3969, -121.7577).
(ii) Guadalupe River--San Jose Hydrologic Sub-area 220540. Outlet(s)
= Coyote Creek (Lat 37.2778, Long -121.8033) upstream to endpoint(s) in:
Coyote Creek (37.2275, -121.7514).
(iii) Palo Alto Hydrologic Sub-area 220550. Outlet(s) = Guadalupe
River (Lat 37.4614, Long -122.0240); San Francisquito Creek (37.4658, -
122.1152); Stevens Creek (37.4456, -122.0641) upstream to endpoint(s)
in: Bear Creek (37.4164, -122.2690); Corte Madera Creek (37.4073, -
122.2378); Guadalupe River (37.3499, -.121.9094); Los Trancos (37.3293,
-122.1786); McGarvey Gulch (37.4416, -122.2955); Squealer Gulch
(37.4335, -122.2880); Stevens Creek (37.2990, -122.0778); West Union
Creek (37.4528, -122.3020).
(7) San Pablo Hydrologic Unit 2206--(i) Petaluma River Hydrologic
Sub-area 220630. Outlet(s) = Petaluma River (Lat 38.1111, Long -
122.4944) upstream to endpoint(s) in: Adobe Creek (38.2940, -122.5834);
Lichau Creek (38.2848, -122.6654); Lynch Creek (38.2748, -122.6194);
Petaluma River (38.3010, -122.7149); Schultz Slough (38.1892, -
122.5953); San Antonio Creek (38.2049, -122.7408); Unnamed Tributary
(38.3105, -122.6146); Willow Brook (38.3165, -122.6113).
(ii) Sonoma Creek Hydrologic Sub-area 220640. Outlet(s) = Sonoma
Creek (Lat 38.1525, Long -122.4050) upstream to endpoint(s) in: Agua
Caliente Creek (38.3368, -122.4518); Asbury Creek (38.3401, -122.5590);
Bear Creek (38.4656, -122.5253); Calabazas Creek (38.4033, -122.4803);
Carriger Creek (38.3031, -122.5336); Graham Creek (38.3474, -122.5607);
Hooker Creek (38.3809, -122.4562); Mill Creek (38.3395, -122.5454);
Nathanson Creek (38.3350, -122.4290); Rodgers Creek (38.2924, -
122.5543); Schell Creek (38.2554, -122.4510); Sonoma Creek (38.4507, -
122.4819); Stuart Creek (38.3936, -122.4708); Yulupa Creek (38.3986, -
122.5934).
(iii) Napa River Hydrologic Sub-area 220650. Outlet(s) = Napa River
(Lat 38.0786, Long -122.2468) upstream to endpoint(s) in: Bale Slough
(38.4806, -122.4578); Bear Canyon Creek (38.4512, -122.4415); Bell
Canyon Creek (38.5551, -122.4827); Brown's Valley Creek (38.3251, -
122.3686); Canon Creek (38.5368, -122.4854); Carneros Creek (38.3108, -
122.3914); Conn Creek (38.4843, -122.3824); Cyrus Creek (38.5776, -
122.6032); Diamond Mountain Creek
[[Page 226]]
(38.5645, -122.5903); Dry Creek (38.4334, -122.4791); Dutch Henery Creek
(38.6080, -122.5253); Garnett Creek (38.6236, -122.5860); Huichica Creek
(38.2811, -122.3936); Jericho Canyon Creek (38.6219, -122.5933); Miliken
Creek (38.3773, -122.2280); Mill Creek (38.5299, -122.5513); Murphy
Creek (38.3155, -122.2111); Napa Creek (38.3047, -122.3134); Napa River
(38.6638, -122.6201); Pickle Canyon Creek (38.3672, -122.4071); Rector
Creek (38.4410, -122.3451); Redwood Creek (38.3765, -122.4466); Ritchie
Creek (38.5369, -122.5652); Sarco Creek (38.3567, -122.2071); Soda Creek
(38.4156, -122.2953); Spencer Creek (38.2729, -122.1909); Sulphur Creek
(38.4895, -122.5088); Suscol Creek (38.2522, -122.2157); Tulucay Creek
(38.2929, -122.2389); Unnamed Tributary (38.4248, -122.4935); Unnamed
Tributary (38.4839, -122.5161); York Creek (38.5128, -122.5023).
(8) Big Basin Hydrologic Unit 3304--(i) Davenport Hydrologic Sub-
area 330411. Outlet(s) = Baldwin Creek (Lat 36.9669, -122.1232);
Davenport Landing Creek (37.0231, -122.2153); Laguna Creek (36.9824, -
122.1560); Liddell Creek (37.0001, -122.1816); Majors Creek (36.9762, -
122.1423); Molino Creek (37.0368, -122.2292); San Vicente Creek
(37.0093, -122.1940); Scott Creek (37.0404, -122.2307); Waddell Creek
(37.0935, -122.2762); Wilder Creek (36.9535, -122.0775) upstream to
endpoint(s) in: Baldwin Creek (37.0126, -122.1006); Bettencourt Creek
(37.1081, -122.2386); Big Creek (37.0832, -122.2175); Davenport Landing
Creek (37.0475, -122.1920); East Branch Waddell Creek (37.1482, -
122.2531); East Fork Liddell Creek (37.0204, -122.1521); Henry Creek
(37.1695, -122.2751); Laguna Creek (37.0185, -122.1287); Little Creek
(37.0688, -122.2097); Majors Creek (36.9815, -122.1374); Middle Fork
East Fork Liddell Creek (37.0194, -122.1608); Mill Creek (37.1034, -
122.2218); Mill Creek (37.0235, -122.2218); Molino Creek (37.0384, -
122.2125); Peasley Gulch (36.9824, -122.0861); Queseria Creek (37.0521,
-122.2042); San Vicente Creek (37.0417, -122.1741); Scott Creek
(37.1338, -122.2306); West Branch Waddell Creek (37.1697, -122.2642);
West Fork Liddell Creek (37.0117, -122.1763); Unnamed Tributary
(37.0103, -122.0701); Wilder Creek (37.0107, -122.0770).
(ii) San Lorenzo Hydrologic Sub-area 330412. Outlet(s) = Arana Gulch
Creek (Lat 36.9676, Long -122.0028); San Lorenzo River (36.9641, -
122.0125) upstream to endpoint(s) in: Arana Gulch Creek (37.0270, -
121.9739); Bean Creek (37.0956, -122.0022); Bear Creek (37.1711, -
122.0750); Boulder Creek (37.1952, -122.1892); Bracken Brae Creek
(37.1441, -122.1459); Branciforte Creek (37.0701, -121.9749); Crystal
Creek (37.0333, -121.9825); Carbonera Creek (37.0286, -122.0202);
Central Branch Arana Gulch Creek (37.0170, -121.9874); Deer Creek
(37.2215, -122.0799); Fall Creek (37.0705, -122.1063); Gold Gulch Creek
(37.0427, -122.1018); Granite Creek (37.0490, -121.9979); Hare Creek
(37.1544, -122.1690); Jameson Creek (37.1485, -122.1904); Kings Creek
(37.2262, -122.1059); Lompico Creek (37.1250, -122.0496); Mackenzie
Creek (37.0866, -122.0176); Mountain Charlie Creek (37.1385, -121.9914);
Newell Creek (37.1019, -122.0724); San Lorenzo River (37.2276, -
122.1384); Two Bar Creek (37.1833, -122.0929); Unnamed Tributary
(37.2106, -122.0952); Unnamed Tributary (37.2032, -122.0699); Zayante
Creek (37.1062, -122.0224).
(iii) Aptos-Soquel Hydrologic Sub-area 330413. Outlet(s) = Aptos
Creek (Lat 36.9692, Long -121.9065); Soquel Creek (36.9720, -121.9526)
upstream to endpoint(s) in: Amaya Creek (37.0930, -121.9297); Aptos
Creek (37.0545, -121.8568); Bates Creek (37.0099, -121.9353); Bridge
Creek (37.0464, -121.8969); East Branch Soquel Creek (37.0690, -
121.8297); Hester Creek (37.0967, -121.9458); Hinckley Creek (37.0671, -
121.9069); Moores Gulch (37.0573, -121.9579); Valencia Creek (37.0323, -
121.8493); West Branch Soquel Creek (37.1095, -121.9606).
(iv) Ano Nuevo Hydrologic Sub-area 330420. Outlet(s) = Ano Nuevo
Creek (Lat 37.1163, Long -122.3060); Gazos Creek (37.1646, -122.3625);
Whitehouse Creek (37.1457, -122.3469) upstream to endpoint(s) in: Ano
Nuevo Creek (37.1269, -122.3039); Bear Gulch (37.1965, -122.2773); Gazos
Creek (37.2088, -122.2868); Old Womans Creek (37.1829, -122.3033);
Whitehouse Creek (37.1775, -122.2900).
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(9) Maps of critical habitat for the Central California Coast
Steelhead ESU follow:
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(i) South-Central California Coast Steelhead (O. mykiss). Critical
habitat is designated to include the areas defined in the following
CALWATER Hydrologic Units:
(1) Pajaro River Hydrologic Unit 3305--(i) Watsonville Hydrologic
Sub-area 330510. Outlet(s) = Pajaro River (Lat 36.8506, Long -121.8101)
upstream to endpoint(s) in: Banks Canyon Creek (36.9958, -121.7264);
Browns Creek
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(37.0255, -121.7754); Casserly Creek (36.9902, -121.7359); Corralitos
Creek (37.0666, -121.8359); Gaffey Creek (36.9905, -121.7132); Gamecock
Canyon (37.0362, -121.7587); Green Valley Creek (37.0073, -121.7256);
Ramsey Gulch (37.0447, -121.7755); Redwood Canyon (37.0342, -121.7975);
Salsipuedes Creek (36.9350, -121.7426); Shingle Mill Gulch (37.0446, -
121.7971).
(ii) Santa Cruz Mountains Hydrologic Sub-area 330520. Outlet(s) =
Pajaro River (Lat 36.9010, Long -121.5861); Bodfish Creek (37.0041, -
121.6667); Pescadero Creek (36.9125, -121.5882); Tar Creek (36.9304, -
121.5520); Uvas Creek (37.0146, -121.6314) upstream to endpoint(s) in:
Blackhawk Canyon (37.0168, -121.6912); Bodfish Creek (36.9985, -
121.6859); Little Arthur Creek (37.0299, -121.6874); Pescadero Creek
(36.9826, -121.6274); Tar Creek (36.9558, -121.6009); Uvas Creek
(37.0660, -121.6912).
(iii) South Santa Clara Valley Hydrologic Sub-area 330530. Outlet(s)
= San Benito River (Lat 36.8961, Long -121.5625); Pajaro River (36.9222,
-121.5388) upstream to endpoint(s) in: Arroyo Dos Picachos (36.8866, -
121.3184); Bodfish Creek (37.0080, -121.6652); Bodfish Creek (37.0041, -
121.6667); Carnadero Creek (36.9603, -121.5328); Llagas Creek (37.1159,
-121.6938); Miller Canal (36.9698, -121.4814); Pacheco Creek (37.0055, -
121.3598); San Felipe Lake (36.9835, -121.4604); Tar Creek (36.9304, -
121.5520); Tequisquita Slough (36.9170, -121.3887); Uvas Creek (37.0146,
-121.6314).
(iv) Pacheco-Santa Ana Creek Hydrologic Sub-area 330540. Outlet(s) =
Arroyo Dos Picachos (Lat 36.8866, Long -121.3184); Pacheco Creek
(37.0055, -121.3598) upstream to endpoint(s) in: Arroyo Dos Picachos
(36.8912, -121.2305); Cedar Creek (37.0922, -121.3641); North Fork
Pacheco Creek (37.0514, -121.2911); Pacheco Creek (37.0445, -121.2662);
South Fork Pacheco Creek (37.0227, -121.2603).
(v) San Benito River Hyddrologic Sub-area 330550. Outlet(s) = San
Benito River (Lat 36.7838, Long -121.3731) upstream to endpoint(s) in:
Bird Creek (36.7604, -121.4506); Pescadero Creek (36.7202, -121.4187);
San Benito River (36.3324, -120.6316); Sawmill Creek (36.3593, -
120.6284).
(2) Carmel River Hydrologic Unit 3307--(i) Carmel River Hydrologic
Sub-area 330700. Outlet(s) = Carmel River (Lat 36.5362, Long -121.9285)
upstream to endpoint(s) in: Aqua Mojo Creek (36.4711, -121.5407); Big
Creek (36.3935, -121.5419); Blue Creek (36.2796, -121.6530); Boronda
Creek (36.3542, -121.6091); Bruce Fork (36.3221, -121.6385); Cachagua
Creek (36.3909 , -121.5950); Carmel River (36.2837, -121.6203); Danish
Creek (36.3730, -121.7590); Hitchcock Canyon Creek (36.4470, -121.7597);
James Creek (36.3235, -121.5804); Las Garzas Creek (36.4607, -121.7944);
Millers Fork (36.2961, -121.5697); Pinch Creek (36.3236, -121.5574);
Pine Creek (36.3827, -121.7727); Potrero Creek (36.4801, -121.8258);
Rana Creek (36.4877, -121.5840); Rattlesnake Creek (36.3442, -121.7080);
Robertson Canyon Creek (36.4776, -121.8048); Robertson Creek (36.3658, -
121.5165); San Clemente Creek (36.4227, -121.8115); Tularcitos Creek
(36.4369, -121.5163); Ventana Mesa Creek (36.2977, -121.7116).
(ii) [Reserved]
(3) Santa Lucia Hydrologic Unit 3308-(i) Santa Lucia Hydrologic Sub-
area 330800. Outlet(s) = Alder Creek (Lat 35.8578, Long -121.4165); Big
Creek (36.0696, -121.6005); Big Sur River (36.2815, -121.8593); Bixby
Creek (36.3713, -121.9029); Garrapata Creek (36.4176, -121.9157);
Limekiln Creek (36.0084, -121.5196); Little Sur River (36.3350, -
121.8934); Malpaso Creek (36.4814, -121.9384); Mill Creek (35.9825, -
121.4917); Partington Creek (36.1753, -121.6973); Plaskett Creek
(35.9195, -121.4717); Prewitt Creek (35.9353, -121.4760); Rocky Creek
(36.3798, -121.9028); Salmon Creek (35.3558, -121.3634); San Jose Creek
(36.5259, -121.9253); Vicente Creek (36.0442, -121.5855); Villa Creek
(35.8495, -121.4087); Willow Creek (35.8935, -121.4619) upstream to
endpoint(s) in: Alder Creek (35.8685, -121.3974); Big Creek (36.0830, -
121.5884); Big Sur River (36.2490, -121.7269); Bixby Creek (36.3715, -
121.8440); Devil's Canyon Creek (36.0773, -121.5695); Garrapata Creek
(36.4042, -121.8594); Joshua Creek (36.4182, -121.9000); Limekiln Creek
(36.0154, -121.5146); Little Sur River (36.3312, -121.7557); Malpaso
Creek (36.4681, -121.8800); Mill Creek (35.9907, -121.4632); North Fork
Big Sur River (36.2178, -121.5948); Partington Creek (36.1929, -
121.6825); Plaskett Creek
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(35.9228, -121.4493); Prewitt Creek (35.9419, -121.4598); Redwood Creek
(36.2825, -121.6745); Rocky Creek (36.3805, -121.8440); San Jose Creek
(36.4662, -121.8118); South Fork Little Sur River (36.3026, -121.8093);
Vicente Creek (36.0463, -121.5780); Villa Creek (35.8525, -121.3973);
Wildcat Canyon Creek (36.4124, -121.8680); Williams Canyon Creek
(36.4466, -121.8526); Willow Creek (35.9050, -121.3851).
(ii) [Reserved]
(4) Salinas River Hydrologic Unit 3309-(i) Neponset Hydrologic Sub-
area 330911. Outlet(s) = Salinas River (Lat 36.7498, Long -121.8055);
upstream to endpoint(s) in: Gabilan Creek (36.6923, -121.6300); Old
Salinas River (36.7728, -121.7884); Tembladero Slough (36.6865, -
121.6409).
(ii) Chualar Hydrologic Sub-area 330920. Outlet(s) = Gabilan Creek
(Lat 36.6923, Long -121.6300) upstream.
(iii) Soledad Hydrologic Sub-area 330930. Outlet(s) = Salinas River
(Lat 36.4878, Long -121.4688) upstream to endpoint(s) in: Arroyo Seco
River (36.2644, -121.3812); Reliz Creek (36.2438, -121.2881).
(iv) Upper Salinas Valley Hydrologic Sub-area 330940. Outlet(s) =
Salinas River (Lat 36.3183, Long -121.1837) upstream.
(v) Arroyo Seco Hydrologic Sub-area 330960. Outlet(s) = Arroyo Seco
River (Lat 36.2644, Long -121.3812); Reliz Creek ( 36.2438, -121.2881);
Vasqueros Creek (36.2648, -121.3368) upstream to endpoint(s) in: Arroyo
Seco River (36.2041, -121.5002); Calaboose Creek (36.2942, -121.5082);
Church Creek (36.2762, -121.5877); Horse Creek (36.2046, -121.3931);
Paloma Creek (36.3195, -121.4894); Piney Creek (36.3023, -121.5629);
Reliz Creek (36.1935, -121.2777); Rocky Creek (36.2676, -121.5225);
Santa Lucia Creek (36.1999, -121.4785); Tassajara Creek (36.2679, -
121.6149); Vaqueros Creek (36.2479, -121.3369); Willow Creek (36.2059, -
121.5642).
(vi) Gabilan Range Hydrologic Sub-area 330970. Outlet(s) = Gabilan
Creek (Lat 36.7800, -121.5836) upstream to endpoint(s) in: Gabilan Creek
(36.7335, -121.4939).
(vii) Paso Robles Hydrologic Sub-area 330981. Outlet(s) = Salinas
River (Lat 35.9241, Long -120.8650) upstream to endpoint(s) in:
Atascadero Creek (35.4468, -120.7010); Graves Creek (35.4838, -
120.7631); Jack Creek (35.5815, -120.8560); Nacimiento River (35.7610, -
120.8853); Paso Robles Creek (35.5636, -120.8455); Salinas River
(35.3886, -120.5582); San Antonio River (35.7991, -120.8849); San Marcos
Creek (35.6734, -120.8140); Santa Margarita Creek (35.3923, -120.6619);
Santa Rita Creek (35.5262, -120.8396); Sheepcamp Creek (35.6145, -
120.7795); Summit Creek (35.6441, -120.8046); Tassajera Creek (35.3895,
-120.6926); Trout Creek (35.3394, -120.5881); Willow Creek (35.6107, -
120.7720).
(5) Estero Bay Hydrologic Unit 3310--(i) San Carpoforo Hydrologic
Sub-area 331011. Outlet(s) = San Carpoforo Creek (Lat 35.7646, Long -
121.3247) upstream to endpoint(s) in: Dutra Creek (35.8197, -121.3273);
Estrada Creek (35.7710, -121.2661); San Carpoforo Creek (35.8202, -
121.2745); Unnamed Tributary (35.7503, -121.2703); Wagner Creek
(35.8166, -121.2387).
(ii) Arroyo De La Cruz Hydrologic Sub-area 331012. Outlet(s) =
Arroyo De La Cruz (Lat 35.7097, Long -121.3080) upstream to endpoint(s)
in: Arroyo De La Cruz (35.6986, -121.1722); Burnett Creek (35.7520, -
121.1920); Green Canyon Creek (35.7375 , -121.2314); Marmolejo Creek
(35.6774, -121.1082); Spanish Cabin Creek (35.7234, -121.1497); Unnamed
Tributary (35.7291, -121.1977); West Fork Burnett Creek (35.7516, -
121.2075).
(iii) San Simeon Hydrologic Sub-area 331013. Outlet(s) = Arroyo del
Corral (Lat 35.6838, Long -121.2875); Arroyo del Puerto (35.6432, -
121.1889); Little Pico Creek (35.6336, -121.1639); Oak Knoll Creek
(35.6512, -121.2197); Pico Creek (35.6155, -121.1495); San Simeon Creek
(35.5950, -121.1272) upstream to endpoint(s) in: Arroyo Laguna (35.6895,
-121.2337); Arroyo del Corral (35.6885, -121.2537); Arroyo del Puerto
(35.6773, -121.1713); Little Pico Creek (35.6890, -121.1375); Oak Knoll
Creek (35.6718, -121.2010); North Fork Pico Creek (35.6886, -121.0861);
San Simeon Creek (35.6228, -121.0561); South Fork Pico Creek (35.6640, -
121.0685); Steiner Creek (35.6032, -121.0640); Unnamed Tributary
(35.6482, -121.1067); Unnamed Tributary (35.6616, -121.0639); Unnamed
Tributary (35.6741, -121.0981); Unnamed Tributary
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(35.6777, -121.1503); Unnamed Tributary (35.6604, -121.1571); Unnamed
Tributary (35.6579, -121.1356); Unnamed Tributary (35.6744, -121.1187);
Unnamed Tributary (35.6460, -121.1373); Unnamed Tributary (35.6839, -
121.0955); Unnamed Tributary (35.6431, -121.0795); Unnamed Tributary
(35.6820, -121.2130); Unnamed Tributary (35.6977, -121.2613); Unnamed
Tributary (35.6702, -121.1884); Unnamed Tributary (35.6817, -121.0885);
Van Gordon Creek (35.6286, -121.0942).
(iv) Santa Rosa Hydrologic Sub-area 331014. Outlet(s) = Santa Rosa
Creek (Lat 35.5685, Long -121.1113) upstream to endpoint(s) in: Green
Valley Creek (35.5511, -120.9471); Perry Creek (35.5323-121.0491); Santa
Rosa Creek (35.5525, -120.9278); Unnamed Tributary (35.5965, -120.9413);
Unnamed Tributary (35.5684, -120.9211); Unnamed Tributary (35.5746, -
120.9746).
(v) Villa Hydrologic Sub-area 331015. Outlet(s) = Villa Creek (Lat
35.4601, Long -120.9704) upstream to endpoint(s) in: Unnamed Tributary
(35.4798, -120.9630); Unnamed Tributary (35.5080, -121.0171); Unnamed
Tributary (35.5348, -120.8878); Unnamed Tributary (35.5510, -120.9406);
Unnamed Tributary (35.5151, -120.9497); Unnamed Tributary (35.4917, -
120.9584); Unnamed Tributary (35.5173, -120.9516); Villa Creek (35.5352,
-120.8942).
(vi) Cayucos Hydrologic Sub-area 331016. Outlet(s) = Cayucos Creek
(Lat 35.4491, Long -120.9079) upstream to endpoint(s) in: Cayucos Creek
(35.5257, -120.9271); Unnamed Tributary (35.5157, -120.9005); Unnamed
Tributary (35.4943, -120.9513); Unnamed Tributary (35.4887, -120.8968).
(vii) Old Hydrologic Sub-area 331017. Outlet(s) = Old Creek (Lat
35.4345, Long -120.8868) upstream to endpoint(s) in: Old Creek (35.4480,
-120.8871)
(viii) Toro Hydrologic Sub-area 331018. Outlet(s) = Toro Creek (Lat
35.4126, Long -120.8739) upstream to endpoint(s) in: Toro Creek
(35.4945, -120.7934); Unnamed Tributary (35.4917, -120.7983).
(ix) Morro Hydrologic Sub-area 331021. Outlet(s) = Morro Creek (Lat
35.3762, Long -120.8642) upstream to endpoint(s) in: East Fork Morro
Creek (35.4218, -120.7282); Little Morro Creek (35.4155, -120.7532);
Morro Creek (35.4291, -120.7515); Unnamed Tributary (35.4292, -
120.8122); Unnamed Tributary (35.4458, -120.7906); Unnamed Tributary
(35.4122, -120.8335); Unnamed Tributary (35.4420, -120.7796).
(x) Chorro Hydrologic Sub-area 331022. Outlet(s) = Chorro Creek (Lat
35.3413, Long -120.8388) upstream to endpoint(s) in: Chorro Creek
(35.3340, -120.6897); Dairy Creek (35.3699, -120.6911); Pennington Creek
(35.3655, -120.7144); San Bernardo Creek (35.3935, -120.7638); San
Luisito (35.3755, -120.7100); Unnamed Tributary (35.3821, -120.7217);
Unnamed Tributary (35.3815, -120.7350).
(xi) Los Osos Hydrologic Sub-area 331023. Outlet(s) = Los Osos Creek
(Lat 35.3379, Long -120.8273) upstream to endpoint(s) in: Los Osos Creek
(35.2718, -120.7627).
(xii) San Luis Obispo Creek Hydrologic Sub-area 331024. Outlet(s) =
San Luis Obispo Creek (Lat 35.1822, Long -120.7303) upstream to
endpoint(s) in: Brizziolari Creek (35.3236, -120.6411); Froom Creek
(35.2525, -120.7144); Prefumo Creek (35.2615, -120.7081); San Luis
Obispo Creek (35.3393, -120.6301); See Canyon Creek (35.2306, -
120.7675); Stenner Creek (35.3447, -120.6584); Unnamed Tributary
(35.2443, -120.7655).
(xiii) Point San Luis Hydrologic Sub-area 331025. Outlet(s) = Coon
Creek (Lat 35.2590, Long -120.8951); Islay Creek (35.2753, -120.8884)
upstream to endpoint(s) in: Coon Creek (35.2493, -120.7774); Islay Creek
(35.2574, -120.7810); Unnamed Tributary (35.2753, -120.8146); Unnamed
Tributary (35.2809, -120.8147); Unnamed Tributary (35.2648, -120.7936).
(xiv) Pismo Hydrologic Sub-area 331026. Outlet(s) = Pismo Creek (Lat
35.1336, Long -120.6408) upstream to endpoint(s) in: East Corral de
Piedra Creek (35.2343, -120.5571); Pismo Creek (35.1969, -120.6107);
Unnamed Tributary (35.2462, -120.5856).
(xv) Oceano Hydrologic Sub-area 331031. Outlet(s) = Arroyo Grande
Creek (Lat 35.1011, Long -120.6308) upstream to endpoint(s) in: Arroyo
Grande Creek (35.1868, -120.4881); Los Berros Creek (35.0791, -
120.4423).
(6) Maps of critical habitat for the South-Central Coast Steelhead
ESU follow:
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(j) Southern California Steelhead (O. mykiss). Critical habitat is
designated to include the areas defined in the following CALWATER
Hydrologic Units:
(1) Santa Maria River Hydrologic Unit 3312--(i) Santa Maria
Hydrologic Sub-area 331210. Outlet(s) = Santa Maria River (Lat 34.9710,
Long -120.6504) upstream to endpoint(s) in:
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Cuyama River (34.9058, -120.3026); Santa Maria River (34.9042, -
120.3077); Sisquoc River (34.8941, -120.3063).
(ii) Sisquoc Hydrologic Sub-area 331220. Outlet(s) = Sisquoc River
(Lat 34.8941, Long -120.3063) upstream to endpoint(s) in: Abel Canyon
(34.8662, -119.8354); Davey Brown Creek (34.7541, -119.9650); Fish Creek
(34.7531, -119.9100); Foresters Leap (34.8112, -119.7545); La Brea Creek
(34.8804, -120.1316); Horse Creek (34.8372, -120.0171); Judell Creek
(34.7613, -119.6496); Manzana Creek (34.7082, -119.8324); North Fork La
Brea Creek (34.9681, -120.0112); Sisquoc River (34.7087, -119.6409);
South Fork La Brea Creek (34.9543, -119.9793); South Fork Sisquoc River
(34.7300, -119.7877); Unnamed Tributary (34.9342, -120.0589); Unnamed
Tributary (34.9510, -120.0140); Unnamed Tributary (34.9687, -120.1419);
Unnamed Tributary (34.9626, -120.1500); Unnamed Tributary (34.9672, -
120.1194); Unnamed Tributary (34.9682, -120.0990); Unnamed Tributary
(34.9973, -120.0662); Unnamed Tributary (34.9922, -120.0294); Unnamed
Tributary (35.0158, -120.0337); Unnamed Tributary (34.9464, -120.0309);
Unnamed Tributary (34.7544, -119.9476); Unnamed Tributary (34.7466, -
119.9047); Unnamed Tributary (34.7646, -119.8673); Unnamed Tributary
(34.8726, -119.9525); Unnamed Tributary (34.8884, -119.9325); Unnamed
Tributary (34.8659, -119.8982); Unnamed Tributary (34.8677, -119.8513);
Unnamed Tributary (34.8608, -119.8541); Unnamed Tributary (34.8784, -
119.8458); Unnamed Tributary (34.8615, -119.8159); Unnamed Tributary
(34.8694, -119.8229); Unnamed Tributary (34.7931, -119.8485); Unnamed
Tributary (34.7846, -119.8337); Unnamed Tributary (34.7872, -119.7684);
Unnamed Tributary (34.7866, -119.7552); Unnamed Tributary (34.8129, -
119.7714); Unnamed Tributary (34.7760, -119.7448); Unnamed Tributary
(34.7579, -119.7999); Unnamed Tributary (34.7510, -119.7921); Unnamed
Tributary (34.7769, -119.7149); Unnamed Tributary (34.7617, -119.6878);
Unnamed Tributary (34.7680, -119.6503); Unnamed Tributary (34.7738, -
119.6493); Unnamed Tributary (34.7332, -119.6286); Unnamed Tributary
(34.7519, -119.6209); Unnamed Tributary (34.7188, -119.6673); Water
Canyon (34.8754, -119.9324).
(2) Santa Ynex Hydrologic Unit 3314--(i) Mouth of Santa Ynez
Hydrologic Sub-area 331410. Outlet(s) = Santa Ynez River (Lat 34.6930,
Long -120.6033) upstream to endpoint(s) in: San Miguelito Creek
(34.6309, -120.4631).
(ii) Santa Ynez, Salsipuedes Hydrologic Sub-area 331420. Outlet(s) =
Santa Ynez River (Lat 34.6335, Long -120.4126) upstream to endpoint(s)
in: El Callejon Creek (34.5475, -120.2701); El Jaro Creek (34.5327, -
120.2861); Llanito Creek (34.5499, -120.2762); Salsipuedes Creek
(34.5711, -120.4076).
(iii) Santa Ynez, Zaca Hydrologic Sub-area 331430. Outlet(s) = Santa
Ynez River (Lat 34.6172, Long -120.2352) upstream.
(iv) Santa Ynez to Bradbury Hydrologic Sub-area 331440. Outlet(s) =
Santa Ynez River (Lat 34.5847, Long -120.1445) upstream to endpoint(s)
in: Alisal Creek (34.5465, -120.1358); Hilton Creek (34.5839, -
119.9855); Quiota Creek (34.5370, -120.0321); San Lucas Creek (34.5558,
-120.0119); Santa Ynez River (34.5829, -119.9805); Unnamed Tributary
(34.5646, -120.0043).
(3) South Coast Hydrologic Unit 3315--(i) Arroyo Hondo Hydrologic
Sub-area 331510. Outlet(s) = Alegria Creek (Lat 34.4688, Long -
120.2720); Arroyo Hondo Creek (34.4735, -120.1415); Cojo Creek (34.4531,
-120.4165); Dos Pueblos Creek (34.4407, -119.9646); El Capitan Creek
(34.4577, -120.0225); Gato Creek (34.4497, -119.9885); Gaviota Creek
(34.4706, -120.2267); Jalama Creek (34.5119, -120.5023); Refugio Creek
(34.4627, -120.0696); Sacate Creek (34.4708, -120.2942); San Augustine
Creek (34.4588, -120.3542); San Onofre Creek (34.4699, -120.1872); Santa
Anita Creek (34.4669, -120.3066); Tecolote Creek (34.4306, -119.9173)
upstream to endpoint(s) in: Alegria Creek (34.4713, -120.2714); Arroyo
Hondo Creek (34.5112, -120.1704); Cojo Creek (34.4840, -120.4106); Dos
Pueblos Creek (34.5230, -119.9249); El Capitan Creek (34.5238, -
119.9806); Escondido Creek (34.5663, -120.4643); Gato Creek (34.5203, -
119.9758); Gaviota Creek (34.5176, -120.2179); Jalama Creek (34.5031, -
120.3615); La Olla (34.4836, -120.4071); Refugio Creek (34.5109, -
120.0508); Sacate Creek (34.4984, -120.2993); San Augustine Creek
(34.4598, -120.3561); San Onofre Creek (34.4853, -120.1890); Santa Anita
Creek (34.4742, -120.3085); Tecolote Creek (34.5133, -119.9058); Unnamed
Tributary (34.5527, -120.4548); Unnamed Tributary (34.4972, -120.3026).
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(ii) UCSB Slough Hydrologic Sub-area 331531. Outlet(s) = San Pedro
Creek (Lat 34.4179, Long -119.8295); Tecolito Creek (34.4179, -119.8295)
upstream to endpoint(s) in: Atascadero Creek (34.4345, -119.7755);
Carneros Creek (34.4674, -119.8584); Cieneguitas Creek (34.4690, -
119.7565); Glen Annie Creek (34.4985, -119.8666); Maria Ygnacio Creek
(34.4900, -119.7830); San Antonio Creek (34.4553, -119.7826); San Pedro
Creek (34.4774, -119.8359); San Jose Creek (34.4919, -119.8032);
Tecolito Creek (34.4478, -119.8763); Unnamed Tributary (34.4774, -
119.8846).
(iii) Mission Hydrologic Sub-area 331532. Outlet(s) = Arroyo Burro
Creek (Lat 34.4023, Long -119.7430); Mission Creek (34.4124, -119.6876);
Sycamore Creek (34.4166, -119.6668) upstream to endpoint(s) in: Arroyo
Burro Creek (34.4620, -119.7461); Mission Creek (34.4482, -119.7089);
Rattlesnake Creek (34.4633, -119.6902); San Roque Creek (34.4530, -
119.7323); Sycamore Creek (34.4609, -119.6841).
(iv) San Ysidro Hydrologic Sub-area 331533. Outlet(s) = Montecito
Creek (Lat 34.4167, Long -119.6344); Romero Creek (34.4186, -119.6208);
San Ysidro Creek (34.4191, -119.6254); upstream to endpoint(s) in: Cold
Springs Creek (34.4794, -119.6604); Montecito Creek (34.4594, -
119.6542); Romero Creek (34.4452, -119.5924); San Ysidro Creek (34.4686,
-119.6229); Unnamed Tributary (34.4753, -119.6437).
(v) Carpinteria Hydrologic Sub-area 331534. Outlet(s) = Arroyo
Paredon (Lat 34.4146, Long -119.5561); Carpenteria Lagoon (Carpenteria
Creek) (34.3904, -119.5204); Rincon Lagoon (Rincon Creek) (34.3733, -
119.4769) upstream to endpoint(s) in: Arroyo Paredon (34.4371, -
119.5481); Carpinteria Creek (34.4429, -119.4964); El Dorado Creek
(34.4682, -119.4809); Gobernador Creek (34.4249, -119.4746); Rincon
Lagoon (Rincon Creek) (34.3757, -119.4777); Steer Creek (34.4687, -
119.4596); Unnamed Tributary (34.4481, -119.5112).
(4) Ventura River Hydrologic Unit 4402--(i) Ventura Hydrologic Sub-
area 440210. Outlet(s) = Ventura Estuary (Ventura River) (Lat 34.2742,
Long -119.3077) upstream to endpoint(s) in: Canada Larga (34.3675, -
119.2377); Hammond Canyon (34.3903, -119.2230); Sulphur Canyon (34.3727,
-119.2362); Unnamed Tributary (34.3344, -119.2426); Unnamed Tributary
(34.3901, -119.2747).
(ii) Ventura Hydrologic Sub-area 440220. Outlet(s) = Ventura River
(Lat 34.3517, Long -119.3069) upstream to endpoint(s) in: Coyote Creek
(34.3735, -119.3337); Matilija Creek (34.4846, -119.3086); North Fork
Matilija Creek (34.5129, -119.2737); San Antonio Creek (34.4224, -
119.2644); Ventura River (34.4852, -119.3001).
(iii) Lions Hydrologic Sub-area 440231. Outlet(s) = Lion Creek (Lat
34.4222, Long -119.2644) upstream to endpoint(s) in: Lion Creek
(34.4331, -119.2004).
(iv) Thatcher Hydrologic Sub-area 440232. Outlet(s) = San Antonio
Creek (Lat 34.4224, Long -119.2644) upstream to endpoint(s) in: San
Antonio Creek (34.4370, -119.2417).
(5) Santa Clara Calleguas Hydrologic Unit 4403--(i) Mouth of Santa
Clara Hydrologic Sub-area 440310. Outlet(s) = Santa Clara River (Lat
34.2348, Long -119.2568) upstream.
(ii) Santa Clara, Santa Paula Hydrologic Sub-area 440321. Outlet(s)
= Santa Clara River (Lat 34.2731, Long -119.1474) upstream to
endpoint(s) in: Santa Paula Creek (34.4500, -119.0563).
(iii) Sisar Hydrologic Sub-area 440322. Outlet(s) = Sisar Creek (Lat
34.4271, Long -119.0908) upstream to endpoint(s) in: Sisar Creek
(34.4615, -119.1312).
(iv) Sespe, Santa Clara Hydrologic Sub-area 440331. Outlet(s) =
Santa Clara River (Lat 34.3513, Long -119.0397) upstream to endpoint(s)
in: Sespe Creek (34.4509, -118.9258).
(v) Sespe Hydrologic Sub-area 440332. Outlet(s) = Sespe Creek (Lat
34.4509, Long -118.9258) upstream to endpoint(s) in: Abadi Creek
(34.6099, -119.4223); Alder Creek (34.5691, -118.9528); Bear Creek
(34.5314, -119.1041); Chorro Grande Creek (34.6285, -119.3245); Fourfork
Creek (34.4735, -118.8893); Howard Creek (34.5459, -119.2154); Lady Bug
Creek (34.5724, -119.3173); Lion Creek (34.5047, -119.1101); Little
Sespe Creek (34.4598, -118.8938); Munson Creek (34.6152, -119.2963);
Park Creek (34.5537, -119.0028); Piedra Blanca Creek (34.6109, -
119.1838); Pine Canyon Creek (34.4488, -118.9661); Portrero John Creek
(34.6010, -119.2695); Red Reef Creek (34.5344, -119.0441); Rose Valley
Creek (34.5195, -119.1756); Sespe Creek (34.6295, -119.4412); Timber
Creek (34.5184,
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-119.0698); Trout Creek (34.5869, -119.1360); Tule Creek (34.5614, -
119.2986); Unnamed Tributary (34.5125, -118.9311); Unnamed Tributary
(34.5537, -119.0088); Unnamed Tributary (34.5537, -119.0048); Unnamed
Tributary (34.5757, -119.3051); Unnamed Tributary (34.5988, -119.2736);
Unnamed Tributary (34.5691, -119.3428); West Fork Sespe Creek (34.5106,
-119.0502).
(vi) Santa Clara, Hopper Canyon, Piru Hydrologic Sub-area 440341.
Outlet(s) = Santa Clara River (Lat 34.3860, Long -118.8711) upstream to
endpoint(s) in: Hopper Creek (34.4263, -118.8309); Piru Creek (34.4613,
-118.7537); Santa Clara River (34.3996, -118.7837).
(6) Santa Monica Bay Hydrologic Unit 4404--(i) Topanga Hydrologic
Sub-area 440411. Outlet(s) = Topanga Creek (Lat 34.0397, Long -118.5831)
upstream to endpoint(s) in: Topanga Creek (34.0838, -118.5980).
(ii) Malibu Hydrologic Sub-area 440421. Outlet(s) = Malibu Creek
(Lat 34.0322, Long -118.6796) upstream to endpoint(s) in: Malibu Creek
(34.0648, -118.6987).
(iii) Arroyo Sequit Hydrologic Sub-area 440444. Outlet(s) = Arroyo
Sequit (Lat 34.0445, Long -118.9338) upstream to endpoint(s) in: Arroyo
Sequit (34.0839, -118.9186); West Fork Arroyo Sequit (34.0909, -
118.9235).
(7) Calleguas Hydrologic Unit 4408--(i) Calleguas Estuary Hydrologic
Sub-area 440813. Outlet(s) = Mugu Lagoon (Calleguas Creek) (Lat 34.1093,
Long -119.0917) upstream to endpoint(s) in: Mugu Lagoon (Calleguas
Creek) (Lat 34.1125, Long -119.0816).
(ii) [Reserved]
(8) San Juan Hydrologic Unit 4901--(i) Middle Trabuco Hydrologic
Sub-area 490123. Outlet(s) = Trabuco Creek (Lat 33.5165, Long -117.6727)
upstream to endpoint(s) in: Trabuco Creek (33.5264, -117.6700).
(ii) Lower San Juan Hydrologic Sub-area 490127. Outlet(s) = San Juan
Creek (Lat 33.4621, Long -117.6842) upstream to endpoint(s) in: San Juan
Creek (33.4929, -117.6610); Trabuco Creek (33.5165, -117.6727).
(iii) San Mateo Hydrologic Sub-area 490140. Outlet(s) = San Mateo
Creek (Lat 33.3851, Long -117.5933) upstream to endpoint(s) in: San
Mateo Creek (33.4779, -117.4386); San Mateo Canyon (33.4957, -117.4522).
(9) Maps of critical habitat for the Southern California Steelhead
ESU follow:
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(k) Central Valley Spring Run Chinook Salmon (O. tshawytscha).
Critical habitat is designated to include the areas defined in the
following CALWATER Hydrologic Units:
(1) Tehama Hydrologic Unit 5504--(i) Lower Stony Creek Hydrologic
Sub-area 550410. Outlet(s) = Glenn-Colusa Canal (Lat 39.6762, Long -
122.0151); Stony Creek (39.7122, -122.0072) upstream to endpoint(s) in:
Glenn-Colusa Canal
[[Page 254]]
(39.7122, -122.0072); Stony Creek (39.8178, -122.3253).
(ii) Red Bluff Hydrologic Sub-area 550420. Outlet(s) = Sacramento
River (Lat 39.6998, Long -121.9419) upstream to endpoint(s) in: Antelope
Creek (40.2023, -122.1275); Big Chico Creek (39.7757, -121.7525); Blue
Tent Creek (40.2284, -122.2551); Burch Creek (39.8526, -122.1502);
Butler Slough (40.1579, -122.1320); Coyote Creek (40.0929, -122.1621);
Craig Creek (40.1617, -122.1350); Deer Creek (40.0144, -121.9481);
Dibble Creek (40.2003, -122.2420); Dye Creek (40.0904, -122.0767); Elder
Creek (40.0526, -122.1717); Jewet Creek (39.8913, -122.1005); Kusal
Slough (39.7577, -121.9699); Lindo Channel (39.7623, -121.7923); McClure
Creek (40.0074, -122.1729); Mill Creek (40.0550, -122.0317); Mud Creek
(39.7931, -121.8865); New Creek (40.1873, -122.1350); Oat Creek
(40.0847, -122.1658); Pine Creek (39.8760, -121.9777); Red Bank Creek
(40.1391, -122.2157); Reeds Creek (40.1687, -122.2377); Rice Creek
(39.8495, -122.1626); Rock Creek (39.8189, -121.9124); Salt Creek
(40.1869, -122.1845); Singer Creek (39.9200, -121.9612); Thomes Creek
(39.8822, -122.5527); Toomes Creek (39.9808, -122.0642); Unnamed
Tributary (39.8532, -122.1627); Unnamed Tributary (40.1682, -122.1459);
Unnamed Tributary (40.1867, -122.1353).
(2) Whitmore Hydrologic Unit 5507--(i) Inks Creek Hydrologic Sub-
area 550711. Outlet(s) = Inks Creek (Lat 40.3305, Long -122.1520)
upstream to endpoint(s) in: Inks Creek 40.3418, -122.1332).
(ii) Battle Creek Hydrologic Sub-area 550712 Outlet(s) = Battle
Creek (Lat 40.4083, Long -122.1102) upstream to endpoint(s) in: Battle
Creek (40.4228, -121.9975); North Fork Battle Creek (40.4746, -
121.8436); South Fork Battle Creek (40.3549, -121.6861).
(iii) Inwood Hydrologic Sub-area 550722. Outlet(s) = Bear Creek (Lat
40.4352, Long -122.2039) upstream to endpoint(s) in: Bear Creek
(40.4859, -122.1529); Dry Creek (40.4574, -122.1993).
(3) Redding Hydrologic Unit 5508--(i) Enterprise Flat Hydrologic
Sub-area 550810. Outlet(s)= Sacramento River (Lat 40.2526, Long -
122.1707) upstream to endpoint(s) in: Anderson Creek (40.3910, -
122.1984); Ash Creek (40.4451, -122.1815); Battle Creek (40.4083, -
122.1102); Churn Creek (40.5431, -122.3395); Clear Creek (40.5158, -
122.5256); Cow Creek (40.5438, -122.1318); Olney Creek (40.5262, -
122.3783); Paynes Creek (40.2810, -122.1587); Stillwater Creek (40.4789,
-122.2597).
(ii) Lower Cottonwood Hydrologic Sub-area 550820. Outlet(s) =
Cottonwood Creek (Lat 40.3777, Long -122.1991) upstream to endpoint(s)
in: Cottonwood Creek (40.3943, -122.5254); Middle Fork Cottonwood Creek
(40.3314, -122.6663); South Fork Cottonwood Creek (40.1578, -122.5809).
(4) Eastern Tehama Hydrologic Unit 5509--(i) Big Chico Creek
Hydrologic Sub-area 550914. Outlet(s) = Big Chico Creek (Lat 39.7757,
Long -121.7525) upstream to endpoint(s) in: Big Chico Creek (39.8873, -
121.6979).
(ii) Deer Creek Hydrologic Sub-area 550920. Outlet(s) = Deer Creek
(Lat 40.0144, Long -121.9481) upstream to endpoint(s) in: Deer Creek
(40.2019, -121.5130).
(iii) Upper Mill Creek Hydrologic Sub-area 550942. Outlet(s) = Mill
Creek (Lat 40.0550, Long -122.0317) upstream to endpoint(s) in: Mill
Creek (40.3997, -121.5131).
(iv) Antelope Creek Hydrologic Sub-area 550963. Outlet(s) = Antelope
Creek (Lat 40.2023, Long -122.1272) upstream to endpoint(s) in: Antelope
Creek (40.2416, -121.8630); North Fork Antelope Creek (40.2691, -
121.8226); South Fork Antelope Creek (40.2309, -121.8325).
(5) Sacramento Delta Hydrologic Unit 5510--(i) Sacramento Delta
Hydrologic Sub-area 551000. Outlet(s) = Sacramento River (Lat 38.0612,
Long -121.7948) upstream to endpoint(s) in: Cache Slough (38.3086, -
121.7633); Delta Cross Channel (38.2433, -121.4964); Elk Slough
(38.4140, -121.5212); Elkhorn Slough (38.2898, -121.6271); Georgiana
Slough (38.2401, -121.5172); Miners Slough (38.2864, -121.6051);
Prospect Slough (38.1477, -121.6641); Sevenmile Slough (38.1171, -
121.6298); Steamboat Slough (38.3052, -121.5737); Sutter Slough
(38.3321, -121.5838); Threemile Slough (38.1155, -121.6835); Yolo Bypass
(38.5800, -121.5838).
(ii) [Reserved]
(6) Valley-Putah-Cache Hydrologic Unit 5511--(i) Lower Putah Creek
Hydrologic Sub-area 551120. Outlet(s) = Yolo Bypass (Lat 38.5800, Long -
121.5838) upstream to endpoint(s) in: Sacramento
[[Page 255]]
Bypass (38.6057, -121.5563); Yolo Bypass (38.7627, -121.6325).
(ii) [Reserved]
(7) Marysville Hydrologic Unit 5515--(i) Lower Yuba River Hydrologic
Sub-area 551510. Outlet(s) = Bear River (Lat 38.9398, Long -121.5790)
upstream to endpoint(s) in: Bear River (38.9783, -121.5166).
(ii) Lower Yuba River Hydrologic Sub-area 551530. Outlet(s) = Yuba
River (Lat 39.1270, Long -121.5981) upstream to endpoint(s) in: Yuba
River (39.2203, -121.3314).
(iii) Lower Feather River Hydrologic Sub-area 551540. Outlet(s) =
Feather River (Lat 39.1270, Long -121.5981) upstream to endpoint(s) in:
Feather River (39.5203, -121.5475).
(8) Yuba River Hydrologic Unit 5517--(i) Browns Valley Hydrologic
Sub-Area 551712. Outlet(s) = Dry Creek (Lat 39.2207, Long -121.4088);
Yuba River (39.2203, -121.3314) upstream to endpoint(s) in: Dry Creek
(39.3201, -121.3117); Yuba River (39.2305, -121.2813).
(ii) Englebright Hydrologic Sub-area 551714. Outlet(s) = Yuba River
(Lat 39.2305, Long -121.2813) upstream to endpoint(s) in: Yuba River
(39.2388, -121.2698).
(9) Valley-American Hydrologic Unit 5519--(i) Lower American
Hydrologic Sub-area 551921. Outlet(s) = American River (Lat 38.5971,
Long -121.5088) upstream to endpoint(s) in: American River (38.5669, -
121.3827).
(ii) Pleasant Grove Hydrologic Sub-area 551922. Outlet(s) =
Sacramento River (Lat 38.5965, Long -121.5086) upstream to endpoint(s)
in: Feather River (39.1270, -121.5981).
(10) Colusa Basin Hydrologic Unit 5520--(i) Sycamore-Sutter
Hydrologic Sub-area 552010. Outlet(s) = Sacramento River (Lat 38.7604,
Long -121.6767) upstream to endpoint(s) in: Tisdale Bypass (39.0261, -
121.7456).
(ii) Sutter Bypass Hydrologic Sub-area 552030. Outlet(s) =
Sacramento River (Lat 38.7849, Long -121.6219) upstream to endpoint(s)
in: Butte Creek (39.1987, -121.9285); Butte Slough (39.1987, -121.9285);
Nelson Slough (38.8901, -121.6352); Sacramento Slough (38.7843, -
121.6544); Sutter Bypass (39.1417, -121.8196; 39.1484, -121.8386);
Tisdale Bypass (39.0261, -121.7456); Unnamed Tributary (39.1586, -
121.8747).
(iii) Butte Basin Hydrologic Sub-area 552040. Outlet(s) = Butte
Creek (Lat 39.1990, Long -121.9286); Sacramento River (39.4141, -
122.0087) upstream to endpoint(s) in: Butte creek (39.7095, -121.7506);
Colusa Bypass (39.2276, -121.9402); Unnamed Tributary (39.6762, -
122.0151).
(11) Butte Creek Hydrologic Unit 5521--Upper Little Chico Hydrologic
Sub-area 552130. Outlet(s) = Butte Creek (Lat 39.7096, -121.7504)
upstream to endpoint(s) in Butte Creek (39.8665, -121.6344).
(12) Shasta Bally Hydrologic Unit 5524--(i) Platina Hydrologic Sub-
area 552436. Outlet(s) = Middle Fork Cottonwood Creek (Lat 40.3314, -
122.6663) upstream to endpoint(s) in Beegum Creek (40.3066, -122.9205);
Middle Fork Cottonwood Creek (40.3655, -122.7451).
(ii) Spring Creek Hydrologic Sub-area 552440. Outlet(s) = Sacramento
River (Lat 40.5943, Long -122.4343) upstream to endpoint(s) in:
Sacramento River (40.6116, -122.4462)
(iii) Kanaka Peak Hydrologic Sub-area 552462. Outlet(s) = Clear
Creek (Lat 40.5158, Long -122.5256) upstream to endpoint(s) in: Clear
Creek (40.5992, -122.5394).
(13) Maps of critical habitat for the Central Valley Spring Run
Chinook ESU follow:
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(l) Central Valley steelhead (O. mykiss). Critical habitat is
designated to include the areas defined in the following CALWATER
Hydrologic Units:
(1) Tehama Hydrologic Unit 5504--(i) Lower Stony Creek Hydrologic
Sub-area 550410. Outlet(s) = Stony Creek (Lat 39.6760, Long -121.9732)
upstream to
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endpoint(s) in: Stony Creek (39.8199, -122.3391).
(ii) Red Bluff Hydrologic Sub-area 550420. Outlet(s) = Sacramento
River (Lat 39.6998, Long -121.9419) upstream to endpoint(s) in: Antelope
Creek (40.2023, -122.1272); Big Chico Creek (39.7757, -121.7525); Blue
Tent Creek (40.2166, -122.2362); Burch Creek (39.8495, -122.1615);
Butler Slough (40.1579, -122.1320); Craig Creek (40.1617, -122.1350);
Deer Creek (40.0144, -121.9481); Dibble Creek (40.2002, -122.2421); Dye
Creek (40.0910, -122.0719); Elder Creek (40.0438, -122.2133); Lindo
Channel (39.7623, -121.7923); McClure Creek (40.0074, -122.1723); Mill
Creek (40.0550, -122.0317); Mud Creek (39.7985, -121.8803); New Creek
(40.1873, -122.1350); Oat Creek (40.0769, -122.2168); Red Bank Creek
(40.1421, -122.2399); Rice Creek (39.8495, -122.1615); Rock Creek
(39.8034, -121.9403); Salt Creek (40.1572, -122.1646); Thomes Creek
(39.8822, -122.5527); Unnamed Tributary (40.1867, -122.1353); Unnamed
Tributary (40.1682, -122.1459); Unnamed Tributary (40.1143, -122.1259);
Unnamed Tributary (40.0151, -122.1148); Unnamed Tributary (40.0403, -
122.1009); Unnamed Tributary (40.0514, -122.0851); Unnamed Tributary
(40.0530, -122.0769).
(2) Whitmore Hydrologic Unit 5507--(i) Inks Creek Hydrologic Sub-
area 550711. Outlet(s) = Inks Creek (Lat 40.3305, Long -122.1520)
upstream to endpoint(s) in: Inks Creek (40.3418, -122.1332).
(ii) Battle Creek Hydrologic Sub-area 550712. Outlet(s) = Battle
Creek (Lat 40.4083, Long -122.1102) upstream to endpoint(s) in: Baldwin
Creek (40.4369, -121.9885); Battle Creek (40.4228, -121.9975); Brush
Creek (40.4913, -121.8664); Millseat Creek (40.4808, -121.8526); Morgan
Creek (40.3654, -121.9132); North Fork Battle Creek (40.4877, -
121.8185); Panther Creek (40.3897, -121.6106); South Ditch (40.3997, -
121.9223); Ripley Creek (40.4099, -121.8683); Soap Creek (40.3904, -
121.7569); South Fork Battle Creek (40.3531, -121.6682); Unnamed
Tributary (40.3567, -121.8293); Unnamed Tributary (40.4592, -121.8671).
(iii) Ash Creek Hydrologic Sub-area 550721. Outlet(s) = Ash Creek
(Lat 40.4401, Long -122.1375) upstream to endpoint(s) in: Ash Creek
(40.4628, -122.0066).
(iv) Inwood Hydrologic Sub-area 550722. Outlet(s) = Ash Creek (Lat
40.4628, Long -122.0066); Bear Creek (40.4352, -122.2039) upstream to
endpoint(s) in: Ash Creek (40.4859, -121.8993); Bear Creek (40.5368, -
121.9560); North Fork Bear Creek (40.5736, -121.8683).
(v) South Cow Creek Hydrologic Sub-area 550731. Outlet(s) = South
Cow Creek (Lat 40.5438, Long -122.1318) upstream to endpoint(s) in:
South Cow Creek (40.6023, -121.8623).
(vi) Old Cow Creek Hydrologic Sub-area 550732. Outlet(s) = Clover
Creek (Lat 40.5788, Long -122.1252); Old Cow Creek (40.5442, -122.1317)
upstream to endpoint(s) in: Clover Creek (40.6305, -122.0304); Old Cow
Creek (40.6295, -122.9619).
(vii) Little Cow Creek Hydrologic Sub-area 550733. Outlet(s) =
Little Cow Creek (Lat 40.6148, -122.2271); Oak Run Creek (40.6171, -
122.1225) upstream to endpoint(s) in: Little Cow Creek (40.7114, -
122.0850); Oak Run Creek (40.6379, -122.0856).
(3) Redding Hydrologic Unit 5508--(i) Enterprise Flat Hydrologic
Sub-area 550810. Outlet(s) = Sacramento River (Lat 40.2526, Long -
122.1707) upstream to endpoint(s) in: Ash Creek (40.4401, -122.1375);
Battle Creek (40.4083, -122.1102); Bear Creek (40.4360, -122.2036);
Calaboose Creek (40.5742, -122.4142); Canyon Creek (40.5532, -122.3814);
Churn Creek (40.5986, -122.3418); Clear Creek (40.5158, -122.5256);
Clover Creek (40.5788, -122.1252); Cottonwood Creek (40.3777, -
122.1991); Cow Creek (40.5437, -122.1318); East Fork Stillwater Creek
(40.6495, -122.2934); Inks Creek (40.3305, -122.1520); Jenny Creek
(40.5734, -122.4338); Little Cow Creek (40.6148, -122.2271); Oak Run
(40.6171, -122.1225); Old Cow Creek (40.5442, -122.1317); Olney Creek
(40.5439, -122.4687); Oregon Gulch (40.5463, -122.3866); Paynes Creek
(40.3024, -122.1012); Stillwater Creek (40.6495, -122.2934); Sulphur
Creek (40.6164, -122.4077).
(ii) Lower Cottonwood Hydrologic Sub-area 550820. Outlet(s) =
Cottonwood Creek (Lat 40.3777, Long -122.1991) upstream to endpoint(s)
in: Cold Fork Cottonwood Creek (40.2060, -122.6608); Cottonwood Creek
(40.3943, -122.5254); Middle Fork Cottonwood Creek (40.3314, -122.6663);
North Fork Cottonwood
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Creek (40.4539, -122.5610); South Fork Cottonwood Creek (40.1578, -
122.5809).
(4) Eastern Tehama Hydrologic Unit 5509--(i) Big Chico Creek
Hydrologic Sub-area 550914. Outlet(s) = Big Chico Creek (Lat 39.7757,
Long -121.7525) upstream to endpoint(s) in: Big Chico Creek (39.8898, -
121.6952).
(ii) Deer Creek Hydrologic Sub-area 550920. Outlet(s) = Deer Creek
(Lat 40.0142, Long -121.9476) upstream to endpoint(s) in: Deer Creek
(40.2025, -121.5130).
(iii) Upper Mill Creek Hydrologic Sub-area 550942. Outlet(s) = Mill
Creek (Lat 40.0550, Long -122.0317) upstream to endpoint(s) in: Mill
Creek (40.3766, -121.5098); Rocky Gulch Creek (40.2888, -121.5997).
(iv) Dye Creek Hydrologic Sub-area 550962. Outlet(s) = Dye Creek
(Lat 40.0910, Long -122.0719) upstream to endpoint(s) in: Dye Creek
(40.0996, -121.9612).
(v) Antelope Creek Hydrologic Sub-area 550963. Outlet(s) = Antelope
Creek (Lat 40.2023, Long -122.1272) upstream to endpoint(s) in: Antelope
Creek (40.2416, -121.8630); Middle Fork Antelope Creek (40.2673, -
121.7744); North Fork Antelope Creek (40.2807, -121.7645); South Fork
Antelope Creek (40.2521, -121.7575).
(5) Sacramento Delta Hydrologic Unit 5510--Sacramento Delta
Hydrologic Sub-area 551000. Outlet(s) = Sacramento River (Lat 38.0653,
Long -121.8418) upstream to endpoint(s) in: Cache Slough (38.2984, -
121.7490); Elk Slough (38.4140, -121.5212); Elkhorn Slough (38.2898, -
121.6271); Georgiana Slough (38.2401, -121.5172); Horseshoe Bend
(38.1078, -121.7117); Lindsey Slough (38.2592, -121.7580); Miners Slough
(38.2864, -121.6051); Prospect Slough (38.2830, -121.6641); Putah Creek
(38.5155, -121.5885); Sevenmile Slough (38.1171, -121.6298); Streamboat
Slough (38.3052, -121.5737); Sutter Slough (38.3321, -121.5838);
Threemile Slough (38.1155, -121.6835); Ulatis Creek (38.2961, -
121.7835); Unnamed Tributary (38.2937, -121.7803); Unnamed Tributary
(38.2937, -121.7804); Yolo Bypass (38.5800, -121.5838).
(6) Valley-Putah-Cache Hydrologic Unit 5511--Lower Putah Creek
Hydrologic Sub-area 551120. Outlet(s) = Sacramento Bypass (Lat 38.6057,
Long -121.5563); Yolo Bypass (38.5800, -121.5838) upstream to
endpoint(s) in: Sacramento Bypass (38.5969, -121.5888); Yolo Bypass
(38.7627, -121.6325).
(7) American River Hydrologic Unit 5514--Auburn Hydrologic Sub-area
551422. Outlet(s) = Auburn Ravine (Lat 38.8921, Long -121.2181); Coon
Creek (38.9891, -121.2556); Doty Creek (38.9401, -121.2434) upstream to
endpoint(s) in: Auburn Ravine (38.8888, -121.1151); Coon Creek (38.9659,
-121.1781); Doty Creek (38.9105, -121.1244).
(8) Marysville Hydrologic Unit 5515--(i) Lower Bear River Hydrologic
Sub-area 551510. Outlet(s) = Bear River (Lat 39.9398, Long -121.5790)
upstream to endpoint(s) in: Bear River (39.0421, -121.3319).
(ii) Lower Yuba River Hydrologic Sub-area 551530. Outlet(s) = Yuba
River (Lat 39.1270, Long -121.5981) upstream to endpoint(s) in: Yuba
River (39.2203, -121.3314).
(iii) Lower Feather River Hydrologic Sub-area 551540. Outlet(s) =
Feather River (Lat 39.1264, Long -121.5984) upstream to endpoint(s) in:
Feather River (39.5205, -121.5475).
(9) Yuba River Hydrologic Unit 5517--(i) Browns Valley Hydrologic
Sub-area 551712. Outlet(s) = Dry Creek (Lat 39.2215, Long -1121.4082);
Yuba River (39.2203, -1121.3314) upstream to endpoint(s) in: Dry Creek
(39.3232, Long -1121.3155); Yuba River (39.2305, -1121.2813).
(ii) Englebright Hydrologic Sub-area 551714. Outlet(s) = Yuba River
(Lat 39.2305, Long -1121.2813) upstream to endpoint(s) in: Yuba River
(39.2399, -1121.2689).
(10) Valley American Hydrologic Unit 5519--(i) Lower American
Hydrologic Sub-area 551921. Outlet(s) = American River (Lat 38.5971, -
1121.5088) upstream to endpoint(s) in: American River (38.6373, -
1121.2202); Dry Creek (38.7554, -1121.2676); Miner's Ravine (38.8429, -
1121.1178); Natomas East Main Canal (38.6646, -1121.4770); Secret
Ravine(38.8541, -1121.1223).
(ii) Pleasant Grove Hydrologic Sub-area 551922. Outlet(s) =
Sacramento River (Lat 38.6026, Long -1121.5155) upstream to endpoint(s)
in: Auburn Ravine (38.8913, -1121.2424); Coon Creek (38.9883, -
1121.2609); Doty Creek (38.9392, -1121.2475); Feather River (39.1264, -
1121.5984).
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(11) Colusa Basin Hydrologic Unit 5520--(i) Sycamore-Sutter
Hydrologic Sub-area 552010. Outlet(s) = Sacramento River (Lat 38.7604,
Long -1121.6767) upstream to endpoint(s) in: Tisdale Bypass (39.0261, -
1121.7456).
(ii) Sutter Bypass Hydrologic Sub-area 552030. Outlet(s) =
Sacramento River (Lat 38.7851, Long -1121.6238) upstream to endpoint(s)
in: Butte Creek (39.1990, -1121.9286); Butte Slough (39.1987, -
1121.9285); Nelson Slough (38.8956, -1121.6180); Sacramento Slough
(38.7844, -1121.6544); Sutter Bypass (39.1586, -1121.8747).
(iii) Butte Basin Hydrologic Sub-area 552040. Outlet(s) = Butte
Creek (Lat 39.1990, Long -1121.9286); Sacramento River (39.4141, -
1122.0087) upstream to endpoint(s) in: Butte Creek (39.7096, -
1121.7504); Colusa Bypass (39.2276, -1121.9402); Little Chico Creek
(39.7380, -1121.7490); Little Dry Creek (39.6781, -1121.6580).
(12) Butte Creek Hydrologic Unit 5521--(i) Upper Dry Creek
Hydrologic Sub-area 552110. Outlet(s) = Little Dry Creek (Lat 39.6781, -
1121.6580) upstream to endpoint(s) in: Little Dry Creek (39.7424, -
1121.6213).
(ii) Upper Butte Creek Hydrologic Sub-area 552120. Outlet(s) =
Little Chico Creek (Lat 39.7380, Long -1121.7490) upstream to
endpoint(s) in: Little Chico Creek (39.8680, -1121.6660).
(iii) Upper Little Chico Hydrologic Sub-area 552130. Outlet(s) =
Butte Creek (Lat 39.7096, Long -1121.7504) upstream to endpoint(s) in:
Butte Creek (39.8215, -1121.6468); Little Butte Creek (39.8159, -
1121.5819).
(13) Ball Mountain Hydrologic Unit 5523--Thomes Creek Hydrologic
Sub-area 552310. Outlet(s) = Thomes Creek (39.8822, -1122.5527) upstream
to endpoint(s) in: Doll Creek (39.8941, -1122.9209); Fish Creek
(40.0176, -1122.8142); Snake Creek (39.9945, -1122.7788); Thomes Creek
(39.9455, -1122.8491); Willow Creek (39.8941, -1122.9209).
(14) Shasta Bally Hydrologic Unit 5524--(i) South Fork Hydrologic
Sub-area 552433. Outlet(s) = Cold Fork Cottonwood Creek (Lat 40.2060,
Long -1122.6608); South Fork Cottonwood Creek (40.1578, -1122.5809)
upstream to endpoint(s) in: Cold Fork Cottonwood Creek (40.1881, -
1122.8690); South Fork Cottonwood Creek (40.1232, -1122.8761).
(ii) Platina Hydrologic Sub-area 552436. Outlet(s) = Middle Fork
Cottonwood Creek (Lat 40.3314, Long -1122.6663) upstream to endpoint(s)
in: Beegum Creek (40.3149, -1122.9776): Middle Fork Cottonwood Creek
(40.3512, -1122.9629).
(iii) Spring Creek Hydrologic Sub-area 552440. Outlet(s) =
Sacramento River (Lat 40.5943, Long -1122.4343) upstream to endpoint(s)
in: Middle Creek (40.5904, -1121.4825); Rock Creek (40.6155, -
1122.4702); Sacramento River (40.6116, -1122.4462); Salt Creek (40.5830,
-1122.4586); Unnamed Tributary (40.5734, -1122.4844).
(iv) Kanaka Peak Hydrologic Sub-area 552462. Outlet(s) = Clear Creek
(Lat 40.5158, Long -1122.5256) upstream to endpoint(s) in: Clear Creek
(40.5998, 122.5399).
(15) North Valley Floor Hydrologic Unit 5531--(i) Lower Mokelumne
Hydrologic Sub-area 553120. Outlet(s) = Mokelumne River (Lat 38.2104,
Long -1121.3804) upstream to endpoint(s) in: Mokelumne River (38.2263, -
1121.0241); Murphy Creek (38.2491, -1121.0119).
(ii) Lower Calaveras Hydrologic Sub-area 553130. Outlet(s) =
Calaveras River (Lat 37.9836, Long -1121.3110); Mormon Slough (37.9456,-
121.2907) upstream to endpoint(s) in: Calaveras River (38.1025, -
1120.8503); Mormon Slough (38.0532, -1121.0102); Stockton Diverting
Canal (37.9594, -1121.2024).
(16) Upper Calaveras Hydrologic Unit 5533--New Hogan Reservoir
Hydrologic Sub-area 553310. Outlet(s) = Calaveras River (Lat 38.1025,
Long -1120.8503) upstream to endpoint(s) in: Calaveras River (38.1502, -
1120.8143).
(17) Stanislaus River Hydrologic Unit 5534--Table Mountain
Hydrologic Sub-area 553410. Outlet(s) = Stanislaus River (Lat 37.8355,
Long -1120.6513) upstream to endpoint(s) in: Stanislaus River (37.8631,
-1120.6298).
(18) San Joaquin Valley Floor Hydrologic Unit 5535--(i) Riverbank
Hydrologic Sub-area 553530. Outlet(s) = Stanislaus River (Lat 37.6648,
Long -1121.2414) upstream to endpoint(s) in: Stanislaus River (37.8355,
-1120.6513).
(ii) Turlock Hydrologic Sub-area 553550. Outlet(s) = Tuolumne River
(Lat 37.6059, Long -1121.1739) upstream to
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endpoint(s) in: Tuolumne River (37.6401, -1120.6526).
(iii) Montpelier Hydrologic Sub-area 553560. Outlet(s) = Tuolumne
River (Lat 37.6401, Long -1120.6526) upstream to endpoint(s) in:
Tuolumne River (37.6721, -1120.4445).
(iv) El Nido-Stevinson Hydrologic Sub-area 553570. Outlet(s) =
Merced River (Lat 37.3505, Long -1120.9619) upstream to endpoint(s) in:
Merced River (37.3620, -1120.8507).
(v) Merced Hydrologic Sub-area 553580. Outlet(s) = Merced River (Lat
37.3620, Long -1120.8507) upstream to endpoint(s) in: Merced River
(37.4982, -1120.4612).
(vi) Fahr Creek Hydrologic Sub-area 553590. Outlet(s) = Merced River
(Lat 37.4982, Long -1120.4612) upstream to endpoint(s) in: Merced River
(37.5081, -1120.3581).
(19) Delta-Mendota Canal Hydrologic Unit 5541--(i) Patterson
Hydrologic Sub-area 554110. Outlet(s) = San Joaquin River (Lat 37.6763,
Long -1121.2653) upstream to endpoint(s) in: San Joaquin River (37.3491,
-1120.9759).
(ii) Los Banos Hydrologic Sub-area 554120. Outlet(s) = Merced River
(Lat 37.3490, Long -1120.9756) upstream to endpoint(s) in: Merced River
(37.3505, -1120.9619).
(20) North Diablo Range Hydrologic Unit 5543--North Diablo Range
Hydrologic Sub-area 554300. Outlet(s) = San Joaquin River (Lat 38.0247,
Long -1121.8218) upstream to endpoint(s) in: San Joaquin River (38.0246,
-1121.7471).
(21) San Joaquin Delta Hydrologic Unit 5544--San Joaquin Delta
Hydrologic Sub-area 554400. Outlet(s) = San Joaquin River (Lat 38.0246,
Long -1121.7471) upstream to endpoint(s) in: Big Break (38.0160, -
1121.6849); Bishop Cut (38.0870, -1121.4158); Calaveras River (37.9836,
-1121.3110); Cosumnes River (38.2538, -1121.4074); Disappointment Slough
(38.0439, -1121.4201); Dutch Slough (38.0088, -1121.6281); Empire Cut
(37.9714, -1121.4762); False River (38.0479, -1121.6232); Frank's Tract
(38.0220, -1121.5997); Frank's Tract (38.0300, -1121.5830); Holland Cut
(37.9939, -1121.5757); Honker Cut (38.0680, -1121.4589); Kellog Creek
(37.9158, -1121.6051); Latham Slough (37.9716, -1121.5122); Middle River
(37.8216, -1121.3747); Mokelumne River (38.2104, -1121.3804); Mormon
Slough (37.9456,-121.2907); Mosher Creek (38.0327, -1121.3650); North
Mokelumne River (38.2274, -1121.4918); Old River (37.8086, -1121.3274);
Orwood Slough (37.9409, -1121.5332); Paradise Cut (37.7605, -1121.3085);
Pixley Slough (38.0443, -1121.3868); Potato Slough (38.0440, -
1121.4997); Rock Slough (37.9754, -1121.5795); Sand Mound Slough
(38.0220, -1121.5997); Stockton Deep Water Channel (37.9957, -
1121.4201); Turner Cut (37.9972, -1121.4434); Unnamed Tributary
(38.1165, -1121.4976); Victoria Canal (37.8891, -1121.4895); White
Slough (38.0818, -1121.4156); Woodward Canal (37.9037, -1121.4973).
(22) Maps of critical habitat for the Central Valley Steelhead ESU
follow:
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[70 FR 52536, Sept. 2, 2005]
Effective Date Note: At 70 FR 52536, Sept. 2, 2005, Sec. 226.211
was added, effective Jan. 2, 2006.
Sec. 226.212 Critical habitat for 12 Evolutionarily Significant Units
(ESUs) of salmon and steelhead (Oncorhynchus spp.) in Washington,
Oregon and Idaho.
Critical habitat is designated in the following states and counties
for the following ESUs as described in paragraph (a) of this section,
and as further described in paragraphs (b) through (g) of this section.
The textual descriptions of critical habitat for each ESU are included
in paragraphs (i) through (t) of this section, and these descriptions
are the definitive source for determining the critical habitat
boundaries. General location maps are provided at the end of each ESU
description (paragraphs (i) through (t) of this section) and are
provided for general guidance purposes only, and not as a definitive
source for determining critical habitat boundaries.
(a) Critical habitat is designated for the following ESUs in the
following states and counties:
------------------------------------------------------------------------
ESU State--Counties
------------------------------------------------------------------------
(1) Puget Sound chinook salmon......... WA--Clallam, Jefferson, King,
Mason, Pierce, Skagit,
Snohomish, Thurston, and
Whatcom.
(2) Lower Columbia River chinook salmon (i) OR--Clackamas, Clatsop,
Columbia, Hood River, and
Multnomah.
(ii) WA--Clark, Cowlitz,
Klickitat, Lewis, Pacific,
Skamania, and Wahkiakum.
(3) Upper Willamette River chinook (i) OR--Benton, Clackamas,
salmon. Clatsop, Columbia, Lane, Linn,
Marion, Multnomah, Polk, and
Yamhill.
(ii) WA--Clark, Cowlitz,
Pacific, and Wahkiakum.
(4) Upper Columbia River spring-run (i) OR--Clatsop, Columbia,
chinook salmon. Gilliam, Hood River, Morrow,
Multnomah, Sherman, Umatilla,
and Wasco.
(ii) WA--Benton, Chelan, Clark,
Cowlitz, Douglas, Franklin,
Grant, Kittitas, Klickitat,
Okanogan, Pacific, Skamania,
Wahkiakum, Walla Walla, and
Yakima.
(5) Hood Canal summer-run chum salmon.. WA--Clallam, Jefferson, Kitsap,
and Mason.
(6) Columbia River chum salmon......... (i) OR--Clatsop, Columbia, Hood
River, and Multnomah.
(ii) WA--Clark, Cowlitz,
Klickitat, Lewis, Pacific,
Skamania, and Wahkiakum.
(7) Ozette Lake sockeye salmon......... WA--Clallam.
(8) Upper Columbia River steelhead..... (i) OR--Clatsop, Columbia,
Gilliam, Hood River, Morrow,
Multnomah, Umatilla, and
Wasco.
(ii) WA--Adams, Benton, Chelan,
Clark, Cowlitz, Douglas,
Franklin, Grant, Kittitas,
Klickitat, Okanogan, Pacific,
Skamania, Wahkiakum, Walla
Walla, and Yakima.
(9) Snake River Basin steelhead........ (i) ID--Adams, Blaine,
Clearwater, Custer, Idaho,
Latah, Lemhi, Lewis, Nez
Perce, and Valley.
(ii) OR--Clatsop, Columbia,
Gilliam, Hood River, Morrow,
Multnomah, Sherman, Umatilla,
Union, Wallowa, and Wasco.
(iii) WA--Asotin, Benton,
Clark, Columbia, Cowlitz,
Franklin, Garfield, Klickitat,
Pacific, Skamania, Walla
Walla, Wahkiakum, and Whitman.
(10) Middle Columbia River steelhead... (i) OR--Clatsop, Columbia,
Crook, Gilliam, Grant, Hood
River, Jefferson, Morrow,
Multnomah, Sherman, Umatilla,
Union, Wallowa, Wasco, and
Wheeler.
(ii) WA--Benton, Clark,
Cowlitz, Columbia, Franklin,
King, Kittitas, Klickitat,
Lewis, Pacific, Pierce,
Skamania, Wahkiakum, Walla
Walla, and Yakima.
(11) Lower Columbia River steelhead.... (i) OR--Clackamas, Clatsop,
Columbia, Hood River, Marion,
and Multnomah.
(ii) WA--Clark, Cowlitz,
Klickitat, Lewis, Pacific,
Skamania, and Wahkiakum.
(12) Upper Willamette River steelhead.. (i) OR--Benton, Clackamas,
Clatsop, Columbia, Linn,
Marion, Multnomah, Polk,
Tillamook, Washington, and
Yamhill.
(ii) WA--Clark, Cowlitz,
Pacific, and Wahkiakum.
------------------------------------------------------------------------
(b) Critical habitat boundaries. Critical habitat includes the
stream channels within the designated stream reaches, and includes a
lateral extent as defined by the ordinary high-water line (33 CFR
319.11). In areas where ordinary high-water line has not been defined,
the lateral extent will be defined by
[[Page 294]]
the bankfull elevation. Bankfull elevation is the level at which water
begins to leave the channel and move into the floodplain and is reached
at a discharge which generally has a recurrence interval of 1 to 2 years
on the annual flood series. Critical habitat in lake areas is defined by
the perimeter of the water body as displayed on standard 1:24,000 scale
topographic maps or the elevation of ordinary high water, whichever is
greater. In estuarine and nearshore marine areas critical habitat
includes areas contiguous with the shoreline from the line of extreme
high water out to a depth no greater than 30 meters relative to mean
lower low water.
(c) Primary constituent elements. Within these areas, the primary
constituent elements essential for the conservation of these ESUs are
those sites and habitat components that support one or more life stages,
including:
(1) Freshwater spawning sites with water quantity and quality
conditions and substrate supporting spawning, incubation and larval
development;
(2) Freshwater rearing sites with:
(i) Water quantity and floodplain connectivity to form and maintain
physical habitat conditions and support juvenile growth and mobility;
(ii) Water quality and forage supporting juvenile development; and
(iii) Natural cover such as shade, submerged and overhanging large
wood, log jams and beaver dams, aquatic vegetation, large rocks and
boulders, side channels, and undercut banks.
(3) Freshwater migration corridors free of obstruction and excessive
predation with water quantity and quality conditions and natural cover
such as submerged and overhanging large wood, aquatic vegetation, large
rocks and boulders, side channels, and undercut banks supporting
juvenile and adult mobility and survival;
(4) Estuarine areas free of obstruction and excessive predation
with:
(i) Water quality, water quantity, and salinity conditions
supporting juvenile and adult physiological transitions between fresh-
and saltwater;
(ii) Natural cover such as submerged and overhanging large wood,
aquatic vegetation, large rocks and boulders, side channels; and
(iii) Juvenile and adult forage, including aquatic invertebrates and
fishes, supporting growth and maturation.
(5) Nearshore marine areas free of obstruction and excessive
predation with:
(i) Water quality and quantity conditions and forage, including
aquatic invertebrates and fishes, supporting growth and maturation; and
(ii) Natural cover such as submerged and overhanging large wood,
aquatic vegetation, large rocks and boulders, and side channels.
(6) Offshore marine areas with water quality conditions and forage,
including aquatic invertebrates and fishes, supporting growth and
maturation.
(d) Exclusion of Indian lands. Critical habitat does not include
habitat areas on Indian lands. The Indian lands specifically excluded
from critical habitat are those defined in the Secretarial Order,
including:
(1) Lands held in trust by the United States for the benefit of any
Indian tribe;
(2) Land held in trust by the United States for any Indian Tribe or
individual subject to restrictions by the United States against
alienation;
(3) Fee lands, either within or outside the reservation boundaries,
owned by the tribal government; and
(4) Fee lands within the reservation boundaries owned by individual
Indians.
(e) Land owned or controlled by the Department of Defense. Critical
habitat does not include any areas subject to an approved Integrated
Natural Resource Management Plan or associated with Department of
Defense easements or right-of-ways. In areas within Navy security zones
identified at 33 CFR 334 that are outside the areas described above,
critical habitat is only designated within a narrow nearshore zone from
the line of extreme high tide down to the line of mean lower low water.
The specific sites addressed include:
(1) Naval Submarine Base, Bangor;
(2) Naval Undersea Warfare Center, Keyport;
(3) Naval Ordnance Center, Port Hadlock (Indian Island);
(4) Naval Radio Station, Jim Creek;
(5) Naval Fuel Depot, Manchester;
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(6) Naval Air Station Whidbey Island;
(7) Naval Air Station, Everett;
(8) Bremerton Naval Hospital;
(9) Fort Lewis (Army);
(10) Pier 23 (Army);
(11) Yakima Training Center (Army);
(12) Puget Sound Naval Shipyard;
(13) Naval Submarine Base Bangor security zone;
(14) Strait of Juan de Fuca naval air-to-surface weapon range,
restricted area;
(15) Hood Canal and Dabob Bay naval non-explosive torpedo testing
area;
(16) Strait of Juan de Fuca and Whidbey Island naval restricted
areas;
(17) Admiralty Inlet naval restricted area;
(18) Port Gardner Naval Base restricted area;
(19) Hood Canal naval restricted areas;
(20) Port Orchard Passage naval restricted area;
(21) Sinclair Inlet naval restricted areas;
(22) Carr Inlet naval restricted areas;
(23) Dabob Bay/Whitney Point naval restricted area; and
(24) Port Townsend/Indian Island/Walan Point naval restricted area.
(f) Land subject to the Washington Department of Natural Resources
Habitat Conservation Plan. Critical habitat is excluded on lands covered
by the incidental take permit issued by NMFS under section 10(a)(1)(B)
of the ESA to the Washington Department of Natural Resources.
(g) Land subject to the Green Diamond Company Habitat Conservation
Plan. Critical habitat is excluded on lands covered by the incidental
take permit issued by NMFS under section 10(a)(1)(B) of the ESA to the
Green Diamond Resources Company (formerly Simpson Timber Company).
(h) Land subject to the West Fork Timber Company Habitat
Conservation Plan. Critical habitat is excluded on lands covered by the
incidental take permit issued by NMFS under section 10(a)(1)(B) of the
ESA to the West Fork Timber Company (formerly Murray Pacific
Corporation).
(i) Puget Sound Chinook Salmon (Oncorhynchus tshawytscha). Critical
habitat is designated to include the areas defined in the following
subbasins:
(1) Nooksack Subbasin 17110004--(i) Upper North Fork Nooksack River
Watershed 1711000401. Outlet(s) = North Fork Nooksack River (Lat
48.9055, Long -121.9886) upstream to endpoint(s) in: Boyd Creek
(48.8998, -121.8640); Canyon Creek (48.9366, -121.9451); Cascade Creek
(48.8996, -121.8621); Cornell Creek (48.8882, -121.9594); Deadhorse
Creek (48.9024, -121.8359); Gallop Creek (48.8849, -121.9447); Glacier
Creek (48.8197, -121.8931); Hedrick Creek (48.8953, -121.9705); Thompson
Creek (48.8837, -121.9028); Wells Creek (48.8940, -121.7976).
(ii) Middle Fork Nooksack River Watershed 1711000402. Outlet(s) =
Middle Fork Nooksack River (Lat 48.8342, Long -122.1540) upstream to
endpoint(s) in: Canyon Creek (48.8374, -122.1198); Clearwater Creek
(48.7841, -122.0293); Middle Fork Nooksack River (48.7249, -121.8999);
Porter Creek (48.7951, -122.1098); Sister Creek (48.7492, -121.9736);
Unnamed (48.7809, -122.1157); Unnamed (48.7860, -122.1214); Warm Creek
(48.7559, -121.9741).
(iii) South Fork Nooksack River Watershed 1711000403. Outlet(s) =
South Fork Nooksack River (Lat 48.8095, Long -122.2026) upstream to
endpoint(s) in: Black Slough (48.7715, -122.1931); Cavanaugh Creek
(48.6446, -122.1094); Deer Creek (48.6041, -122.0912); Edfro Creek
(48.6607, -122.1206); Fobes Creek (48.6230, -122.1139); Hard Scrabble
Falls Creek (48.7601, -122.2273); Howard Creek (48.6118, -121.9639);
Hutchinson Creek (48.7056, -122.1663); Jones Creek (48.7186, -122.2130);
McCarty Creek (48.7275, -122.2188); Plumbago Creek (48.6088, -122.0949);
Pond Creek (48.6958, -122.1651); Skookum Creek (48.6871, -122.1029);
South Fork Nooksack River (48.6133, -121.9000); Standard Creek (48.7444,
-122.2191); Sygitowicz Creek (48.7722, -122.2269); Unnamed (48.6048, -
121.9143); Unnamed (48.6213, -122.1039); Unnamed (48.7174, -122.1815);
Unnamed (48.7231, -122.1968); Unnamed (48.7843, -122.2188).
(iv) Lower North Fork Nooksack River Watershed 1711000404. Outlet(s)
= Nooksack River (Lat 48.8711, Long -122.3227) upstream to endpoint(s)
in: Anderson Creek (48.8088, -122.3410); Boulder Creek (48.9314, -
122.0258); Coal
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Creek (48.8889, -122.1506); Kendall Creek (48.9251, -122.1455); Kenney
Creek (48.8510, -122.1368); Macaulay Creek (48.8353, -122.2345); Maple
Creek (48.9262, -122.0751); Mitchell Creek (48.8313, -122.2174); North
Fork Nooksack River (48.9055, -121.9886); Racehorse Creek (48.8819, -
122.1272); Smith Creek (48.8439, -122.2544); Unnamed (48.8103, -
122.1855); Unnamed (48.9002, -122.1205); Unnamed (48.9040, -122.0875);
Unnamed (48.9131, -122.0127); Unnamed (48.9158, -122.0091); Unnamed
(48.9162, -122.0615); Unnamed (48.9200, -122.0463); Wildcat Creek
(48.9058, -121.9995); Deer Creek (48.8439, -122.4839).
(v) Nooksack River Watershed 1711000405. Outlet(s) = Lummi River
(Lat 48.8010, Long -122.6582); Nooksack River (48.7737, -122.5986);
Silver Creek (48.7786, -122.5635); Slater Slough (48.7759, -122.6029);
Unnamed (48.7776, -122.5708); Unnamed (48.7786, -122.5677); Unnamed
(48.7973, -122.6717); Unnamed (48.8033, -122.6771) upstream to
endpoint(s) in: Fishtrap Creek (49.0025, -122.4053); Fourmile Creek
(48.8890, -122.4213); Lummi River (48.8198, -122.6049); Nooksack River
(48.8711, -122.3227); Pepin Creek (49.0024, -122.4724); Slater Slough
(48.7778, -122.6041); Tenmile Creek (48.8457, -122.3661); Unnamed
(48.8191, -122.5705); Unnamed (48.8453, -122.6071); Unnamed (48.8548, -
122.4749); Unnamed (48.9609, -122.5312); Unnamed (48.9634, -122.3928);
Unnamed (49.0024, -122.4730); Unnamed (49.0025, -122.5218).
(2) Upper Skagit Subbasin 17110005--(i) Skagit River/Gorge Lake
Watershed 1711000504. Outlet(s) = Skagit River (Lat 48.6725, Long -
121.2633) upstream to endpoint(s) in: Goodell Creek (48.6890, -
121.2718); Skagit River (48.6763, -121.2404).
(ii) Skagit River/Diobsud Creek Watershed 1711000505. Outlet(s) =
Skagit River (Lat 48.5218, Long -121.4315) upstream to endpoint(s) in:
Bacon Creek (48.6456, -121.4244); Diobsud Creek (48.5761, -121.4309);
Falls Creek (48.6334, -121.4258); Skagit River (48.6725, -121.2633).
(iii) Cascade River Watershed 1711000506. Outlet(s) = Cascade River
(Lat 48.5218, Long -121.4315) upstream to endpoint(s) in: Found Creek
(48.4816, -121.2437); Kindy Creek (48.4613, -121.2094); Marble Creek
(48.5398, -121.2612); North Fork Cascade River (48.4660, -121.1641);
South Fork Cascade River (48.4592, -121.1494).
(iv) Skagit River/Illabot Creek Watershed 1711000507. Outlet(s) =
Skagit River (Lat 48.5333, Long -121.7370) upstream to endpoint(s) in:
Illabot Creek (48.4498, -121.4551); Jackman Creek (48.5294, -121.6957);
Skagit River (48.5218, -121.4315); Unnamed (48.5013, -121.6598).
(3) Sauk Subbasin 17110006--(i) Upper Sauk River Watershed
1711000601. Outlet(s) = Sauk River (Lat 48.1731, Long -121.4714)
upstream to endpoint(s) in: Camp Creek (48.1559, -121.2909); North Fork
Sauk River (48.0962, -121.3710); Owl Creek (48.1623, -121.2948); South
Fork Sauk River (48.0670, -121.4088); Swift Creek (48.1011, -121.3975);
Unnamed (48.1653, -121.3288); White Chuck River (48.1528, -121.2645).
(ii) Upper Suiattle River Watershed 1711000602. Outlet(s) = Suiattle
River (Lat 48.2586, Long -121.2237) upstream to endpoint(s) in: Downey
Creek (48.2828, -121.2083); Milk Creek (48.2207, -121.1634); Suiattle
River (48.2211, -121.1609); Sulphur Creek (48.2560, -121.1773); Unnamed
(48.2338, -121.1792).
(iii) Lower Suiattle River Watershed 1711000603. Outlet(s) =
Suiattle River (Lat 48.3384, Long -121.5482) upstream to endpoint(s) in:
Big Creek (48.3435, -121.4416); Buck Creek (48.2753, -121.3268); Circle
Creek (48.2555, -121.3395); Lime Creek (48.2445, -121.2933); Straight
Creek (48.2594;-121.4009); Suiattle River (48.2586, -121.2237); Tenas
Creek (48.3371, -121.4304).
(iv) Lower Sauk River Watershed 1711000604. Outlet(s) = Sauk River
(Lat 48.4821, Long -121.6060) upstream to endpoint(s) in: Dan Creek
(48.2702, -121.5473); Sauk River (48.1731, -121.4714); Unnamed (48.2247,
-121.5826); Unnamed (48.3187, -121.5480).
(4) Lower Skagit Subbasin 17110007--(i) Middle Skagit River/Finney
Creek Watershed 1711000701. Outlet(s) = Skagit River (Lat 48.4891, Long
-122.2178) upstream to endpoint(s) in: Alder Creek (48.5280, -121.9498);
Day Creek (48.4689, -122.0216); Finney Creek (48.4655, -121.6858);
Grandy Creek (48.5510, -121.8621); Hansen Creek (48.5600, -122.2069);
Jims Slough (48.5274, -122.0227); Jones Creek (48.5418, -122.0494);
Mannser Creek (48.5260,
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-122.0430); Muddy Creek (48.5278, -122.0007); Pressentin Creek (48.5099,
-121.8449); Skagit River (48.5333, -121.7370); Sorenson Creek (48.4875,
-122.1029); Unnamed (48.4887, -122.0747); Unnamed (48.5312, -122.0149);
Wiseman Creek (48.5160, -122.1286).
(ii) Lower Skagit River/Nookachamps Creek Watershed 1711000702.
Outlet(s) = Browns Slough (Lat 48.3305, Long -122.4194); Freshwater
Slough (48.3109, -122.3883); Hall Slough (48.3394, -122.4426); Isohis
Slough (48.2975, -122.3711); North Fork Skagit River (48.3625, -
122.4689); South Fork Skagit River (48.2920, -122.3670); Unnamed
(48.3085, -122.3868); Unnamed (48.3831, -122.4842) upstream to
endpoint(s) in: Britt Slough (48.3935, -122.3571); Browns Slough
(48.3411, -122.4127); East Fork Nookachamps Creek (48.4044, -122.1790);
Hall Slough (48.3437, -122.4376); Mundt Creek (48.4249, -122.2007);
Skagit River (48.4891, -122.2178); Unnamed (48.3703, -122.3081); Unnamed
(48.3827, -122.1893); Unnamed (48.3924, -122.4822); Walker Creek
(48.3778, -122.1899).
(5) Stillaguamish Subbasin 17110008--(i) North Fork Stillaguamish
River Watershed 1711000801. Outlet(s) = North Fork Stillaguamish River
(Lat 48.2037, Long -122.1256) upstream to endpoint(s) in: Ashton Creek
(48.2545, -121.6708); Boulder River (48.2624, -121.8090); Deer Creek
(48.2835, -121.9255); French Creek (48.2534, -121.7856); Furland Creek
(48.2624, -121.6749); Grant Creek (48.2873, -122.0118); North Fork
Stillaguamish River (48.3041, -121.6360); Rollins Creek (48.2908, -
121.8441); Squire Creek (48.2389, -121.6374); Unnamed (48.2393, -
121.6285); Unnamed (48.2739, -121.9948).
(ii) South Fork Stillaguamish River Watershed 1711000802. Outlet(s)
= South Fork Stillaguamish River (Lat 48.2037, Long -122.1256) upstream
to endpoint(s) in: Jim Creek (48.2230, -121.9483); North Fork Canyon
Creek (48.1697, -121.8194); Siberia Creek (48.1731, -122.0377); South
Fork Canyon Creek (48.1540, -121.7840); South Fork Stillaguamish River
(48.0454, -121.4819); Unnamed (48.1463, -122.0162).
(iii) Lower Stillaguamish River Waterhed 1711000803. Outlet(s) =
Stillaguamish River (Lat 48.2385, Long -122.3749); Unnamed (48.1983, -
122.3579) upstream to endpoint(s) in: Armstrong Creek (48.2189, -
122.1347); Pilchuck Creek (48.2983, -122.1672); Stillaguamish River
(48.2037, -122.1256).
(6) Skykomish Subbasin 17110009--(i) Tye and Beckler River Watershed
1711000901. Outlet(s) = South Fork Skykomish River (Lat 47.7147, Long -
121.3393) upstream to endpoint(s) in: East Fork Foss River (47.6522, -
121.2792); Rapid River (47.8131, -121.2470) Tye River (47.7172, -
121.2254) Unnamed (47.8241, -121.2979); West Fork Foss River (47.6444, -
121.2972).
(ii) Skykomish River Forks Watershed 1711000902. Outlet(s) = North
Fork Skykomish River (Lat 47.8133, Long -121.5782) upstream to
endpoint(s) in: Bridal Veil Creek (47.7987, -121.5597); Lewis Creek
(47.8223, -121.5160); Miller River (47.7018, -121.3950); Money Creek
(47.7208, -121.4062); North Fork Skykomish River (47.9183, -121.3073);
South Fork Skykomish River (47.7147, -121.3393); Unnamed (47.7321, -
121.4176); Unnamed (47.8002, -121.5548).
(iii) Skykomish River/Wallace River Watershed 1711000903. Outlet(s)
= Skykomish River (Lat 47.8602, Long-121.8190) upstream to endpoint(s)
in: Deer Creek (47.8191, -121.5805); Olney Creek (47.8796, -121.7163);
Proctor Creek (47.8216, -121.6460); Skykomish River (47.8133, -
121.5782); Unnamed (47.8507, -121.8010); Wagleys Creek (47.8674, -
121.7972); Wallace River (47.8736, -121.6491).
(iv) Sultan River Watershed 1711000904. Outlet(s) = Sultan River
(Lat 47.8602, Long -121.8190) upstream to endpoint(s) in: Sultan River
(47.9598, -121.7951).
(v) Skykomish River/Woods Creek Watershed 1711000905. Outlet(s) =
Skykomish River (Lat 47.8303, Long -122.0451) upstream to endpoint(s)
in: Elwell Creek (47.8038, -121.8524); Skykomish River (47.8602, -
121.8190); Unnamed (47.8890, -121.8637); West Fork Woods Creek (47.9627,
-121.9707); Woods Creek (47.8953, -121.8742); Youngs Creek (47.8081, -
121.8332).
(7) Snoqualmie Subbasin 17110010--(i) Middle Fork Snoqualmie River
Watershed 1711001003. Outlet(s) = Snoqualmie River (Lat 47.6407, Long -
121.9261) upstream to endpoint(s) in: Canyon Creek (47.5837, -121.9623);
Deep Creek (47.4764, -121.8905); Griffin Creek (47.6164, -121.9014);
Lake Creek (47.5036, -121.9035); Patterson Creek (47.6276, -121.9855);
Raging River (47.4795,
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-121.8691); Snoqualmie River (47.5415, -121.8362); Tokul Creek (47.5563,
-121.8285).
(ii) Lower Snoqualmie River Watershed 1711001004. Outlet(s) =
Snoqualmie River (Lat 47.8303, Long -122.0451) upstream to endpoint(s)
in: Cherry Creek (47.7465, -121.8953); Margaret Creek (47.7547, -
121.8933); North Fork Tolt River (47.7060, -121.7957); Snoqualmie River
(47.6407, -121.9261); South Fork Tolt River (47.6969, -121.7861); Tuck
Creek (47.7442, -122.0032); Unnamed (47.6806, -121.9730); Unnamed
(47.6822, -121.9770); Unnamed (47.7420, -122.0084); Unnamed (47.7522, -
121.9745); Unnamed (47.7581, -121.9586).
(8) Snohomish Subbasin 17110011--(i) Pilchuck River Watershed
1711001101. Outlet(s) = Pilchuck River (Lat 47.9013, Long -122.0917)
upstream to endpoint(s) in: Pilchuck River (48.0052, -121.7718).
(ii) Snohomish River Watershed 1711001102. Outlet(s) = Quilceda
Creek (Lat 48.0556, Long -122.1908); Skykomish River (48.0173, -
122.1877); Steamboat Slough (48.0365, -122.1814); Union Slough (48.0299,
-122.1794); Unnamed (48.0412, -122.1723) upstream to endpoint(s) in:
Allen Creek (48.0767, -122.1404); Quilceda Creek (48.1124, -122.1540);
Skykomish River (47.8303, -122.0451); Unnamed (47.9545, -122.1969);
Unnamed (47.9777, -122.1632); Unnamed (48.0019, -122.1283); Unnamed
(48.0055, -122.1303); Unnamed (48.1330, -122.1472).
(9) Lake Washington Subbasin 17110012--(i) Cedar River Watershed
1711001201. Outlet(s) = Cedar River (Lat 47.5003, Long -122.2146)
upstream to endpoint(s) in: Cedar River (47.4192, -121.7805); Rock Creek
(47.3673, -122.0132); Unnamed (47.4092, -122.0358); Webster Creek
(47.3857, -121.9845).
(ii) Lake Washington Watershed 1711001203. Outlet(s) = Lake
Washington (Lat 47.6654, Long -122.3960) upstream to endpoint(s) in:
Cedar River (47.5003, -122.2146); Sammamish River (47.7543, -122.2465).
(10) Duwamish Subbasin 17110013--(i) Upper Green River Watershed
1711001301. Outlet(s) = Green River (Lat 47.2234, Long -121.6081)
upstream to endpoint(s) in: Friday Creek (47.2204, -121.4559); Intake
Creek (47.2058, -121.4049); McCain Creek (47.2093, -121.5292); Sawmill
Creek (47.2086, -121.4675); Smay Creek (47.2508, -121.5872); Snow Creek
(47.2607, -121.4046); Sunday Creek (47.2587, -121.3659); Tacoma Creek
(47.1875, -121.3630); Unnamed (47.2129, -121.4579).
(ii) Middle Green River Watershed 1711001302. Outlet(s) = Green
River (Lat 47.2911, Long -121.9714) upstream to endpoint(s) in: Bear
Creek (47.2774, -121.7990); Cougar Creek (47.2439, -121.6442); Eagle
Creek (47.3051, -121.7219); Gale Creek (47.2644, -121.7085); Green River
(47.2234, -121.6081); Piling Creek (47.2820, -121.7553); Sylvester Creek
(47.2457, -121.6537); Unnamed (47.2360, -121.6333).
(iii) Lower Green River Watershed 1711001303. Outlet(s) = Duwamish
River (Lat 47.5113, Long -122.2951) upstream to endpoint(s) in: Big Soos
Creek (47.4191, -122.1599); Burns Creek (47.2779, -122.1087); Covington
Creek (47.3341, -122.0399); Crisp Creek (47.2897, -122.0590); Green
River (47.2911, -121.9714); Jenkins Creek (47.3791, -122.0899); Little
Soos Creek (47.4031, -122.1235); Mill Creek (47.3263, -122.2455);
Newaukum Creek (47.2303, -121.9518); Unnamed (47.2765, -121.9730);
Unnamed (47.2891, -122.1557); Unnamed (47.3007, -122.1774); Unnamed
(47.3250, -122.1961); Unnamed (47.3464, -122.2397); Unnamed (47.3751, -
122.2648); Unnamed (47.4046, -122.2134); Unnamed (47.4525, -122.2354);
Unnamed (47.4618, -122.2315); Unnamed (47.4619, -122.2554); Unnamed
(47.4876, -122.2781).
(11) Puyallup Subbasin 17110014--(i) Upper White River Watershed
1711001401. Outlet(s) = White River (Lat 47.1588, Long -121.6587)
upstream to endpoint(s) in: Greenwater River (47.1204, -121.5055);
Huckleberry Creek (47.0612, -121.6033); Pinochle Creek (47.0478, -
121.7043); Unnamed (46.9935, -121.5295); West Fork White River (47.0483,
-121.6916); Wrong Creek (47.0403, -121.6999).
(ii) Lower White River Watershed 1711001402. Outlet(s) = White River
(Lat 47.2001, Long -122.2579) upstream to endpoint(s) in: Boise Creek
(47.1958, -121.9467); Camp Creek (47.1430, -121.7012); Clearwater River
(47.0852, -121.7823); Unnamed (47.1509, -121.7236); Unnamed (47.2247, -
122.1072); Unnamed (47.2307, -122.1079); Unnamed (47.2383, -122.2234);
Unnamed (47.2498, -122.2346); White River (47.1588, -121.6587).
(iii) Carbon River Watershed 1711001403. Outlet(s) = Carbon River
(Lat 47.1308, Long -122.2315) upstream
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to endpoint(s) in: Carbon River (46.9965, -121.9198); South Fork South
Prairie Creek (47.1203, -121.9963); Voight Creek (47.0751, -122.1285);
Wilkeson Creek (47.0972, -122.0245).
(iv) Upper Puyallup River Watershed 1711001404. Outlet(s) = Puyallup
River (Lat 47.1308, Long -122.2315) upstream to endpoint(s) in: Deer
Creek (46.8547, -121.9680); Kapowsin Creek (46.9854, -122.2008); Kellog
Creek (46.9164, -122.0652); Mowich River (46.9209, -121.9739);
Rushingwater Creek (46.8971, -121.9439); Unnamed (46.8867, -122.0194);
Unnamed (46.8899, -121.9657).
(v) Lower Puyallup River Watershed 1711001405. Outlet(s) = Hylebos
Creek (Lat 47.2611, Long -122.3591); Puyallup River (47.2501, -122.4131)
upstream to endpoint(s) in: Canyonfalls Creek (47.1421, -122.2186);
Clarks Creek (47.1757.-122.3168); Clear Creek (47.2187, -122.3727);
Fennel Creek (47.1495, -122.1849); Puyallup River (47.1308, -122.2315);
Unnamed (47.1779, -122.1992); Unnamed (47.1799, -122.3066); Unnamed
(47.1928, -122.3371); Unnamed (47.2723, -122.3216); West Hylebos Creek
(47.2736, -122.3289).
(12) Nisqually Subbasin 17110015--(i) Mashel/Ohop Watershed
1711001502. Outlet(s) = Nisqually River (Lat 46.8646, Long -122.4776)
upstream to endpoint(s) in: Little Mashel River (46.8504, -122.2724);
Lynch Creek (46.8760, -122.2625); Mashel River (46.8431, -122.1205);
Nisqually River (46.8303, -122.3225); Ohop Creek (46.9264, -122.2603);
Powell Creek (46.8528, -122.4505); Tanwax Creek (46.8630, -122.4549);
Twentyfive Mile Creek (46.9274, -122.2558).
(ii) Lowland Watershed 1711001503. Outlet(s) = McAllister Creek (Lat
47.1120, Long -122.7215); Nisqually River (47.1110, -122.7026); Unnamed
(47.0071, -122.6556); Yelm Creek (46.9712, -122.6263) upstream to
endpoint(s) in: Horn Creek (46.9042, -122.4776); McAllister Creek
(47.0299, -122.7236); Nisqually River (46.8646, -122.4776); Unnamed
(46.9108, -122.5032); Unnamed (47.0001, -122.6510); Unnamed (47.0055, -
122.6520); Yelm Creek (46.9629, -122.6194). Excluded is that segment of
the Nisqually River from Lat 47.0703, Long -122.7017, to Lat 46.9668,
Long -122.5640.
(13) Skokomish Subbasin 17110017--Skokomish River Watershed
1711001701. Outlet(s) = Skokomish River (Lat 47.3543, Long -123.1122);
Unnamed (47.3420, -123.1092); Unnamed (47.3471, -123.1275); Unnamed
(47.3509, -123.1101) upstream to endpoint(s) in: Brown Creek (47.4238, -
123.3052); Fir Creek (47.3363, -123.3016); McTaggert Creek (47.3749, -
123.2318); North Fork Skokomish River (47.5197, -123.3329); Purdy Canyon
(47.3021, -123.1803); Unnamed (47.3048, -123.1528); Unnamed (47.3077, -
123.2012); Unnamed (47.3146, -123.1353); Unnamed (47.3209, -123.2212);
Unnamed (47.3222, -123.3060); Unnamed (47.3237, -123.1467); Unnamed
(47.3250, -123.1250); Vance Creek (47.3300, -123.3137); Weaver Creek
(47.3097, -123.2384).
(14) Hood Canal Subbasin 17110018--(i) Hamma Hamma River Watershed
1711001803. Outlet(s) = Hamma Hamma River (Lat 47.5471, Long -123.0440)
upstream to endpoint(s) in: Hamma Hamma River (47.5590, -123.0632);
North Fork John Creek (47.5442, -123.0696)
(ii) Duckabush River Watershed 1711001804. Outlet(s) = Duckabush
River (Lat 47.6502, Long -122.9348) upstream to endpoint(s) in:
Duckabush River (47.6825, -123.0675).
(iii) Dosewallips River Watershed 1711001805. Outlet(s) =
Dosewallips River (Lat 47.6881, Long -122.8945); Unnamed (47.6857, -
122.8967) upstream to endpoint(s) in: Dosewallips River (47.7289, -
123.1111); Rocky Brook (47.7212, -122.9405); Unnamed (47.6886, -
122.8977).
(15) Dungeness/Elwha 17110020--(i) Dungeness River Watershed
1711002003. Outlet(s) = Dungeness River (Lat 48.1506, Long -123.1311);
Unnamed (48.1537, -123.1267) upstream to endpoint(s) in: Dungeness River
(47.9386, -123.0885); Gray Wolf River (47.9168, -123.2409); Matriotti
Creek (48.1368, -123.1428); Unnamed (48.1514, -123.1216).
(ii) Elwha River Watershed 1711002007. Outlet(s) = Elwha River (Lat
48.1466, Long -123.5671); Unnamed (48.1483, -123.5599) upstream to
endpoint(s) in: Elwha River (48.0927, -123.5614).
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(16) Nearshore Marine Areas--Except as provided in paragraph (e) of
this section, critical habitat includes all nearshore marine areas
(including areas adjacent to islands) of the Strait of Georgia (south of
the international border), Puget Sound, Hood Canal, and the Strait of
Juan de Fuca (to the western end of the Elwha River delta) from the line
of extreme high tide out to a depth of 30 meters.
(17) Maps of critical habitat for the Puget Sound chinook salmon ESU
follow:
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(j) Lower Columbia River Chinook Salmon (Oncorhynchus tshawytscha).
Critical habitat is designated to include the areas defined in the
following subbasins:
(1) Middle Columbia/Hood Subbasin 17070105--(i) East Fork Hood River
Watershed 1707010506. Outlet(s) = Hood River (Lat 45.6050, Long -
121.6323) upstream to endpoint(s) in: Dog River (45.4655, -121.5656);
East Fork Hood River
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(45.4665, -121.5669); Pinnacle Creek (45.4595, -121.6568); Tony Creek
(45.5435, -121.6411).
(ii) West Fork Hood River Watershed 1707010507. Outlet(s) = West
Fork Hood River (Lat 45.6050, Long -121.6323) upstream to endpoint(s)
in: Divers Creek (45.5457, -121.7447); Elk Creek (45.4277, -121.7889);
Indian Creek (45.5375, -121.7857); Jones Creek (45.4629, -121.7942);
Lake Branch (45.5083, -121.8485); McGee Creek (45.4179, -121.7675); No
Name Creek (45.5347, -121.7929); Red Hill Creek (45.4720, -121.7705),
Unnamed (45.5502, -121.7014).
(iii) Hood River Watershed 1707010508. Outlet(s) = Hood River (Lat
45.7205, Long -121.5055) upstream to endpoint(s) in: Hood River
(45.6050, -121.6323).
(iv) White Salmon River Watershed 1707010509. Outlet(s) = White
Salmon River (Lat 45.7226, Long -121.5214) upstream to endpoint(s) in:
White Salmon River (45.7677, -121.5374).
(v) Wind River Watershed 1707010511. Outlet(s) = Wind River (Lat
45.7037, Long -121.7946) upstream to endpoint(s) in: Bear Creek
(45.7620, -121.8293); Big Hollow Creek (45.9399, -121.9996); Dry Creek
(45.9296, -121.9721); Falls Creek (45.9105, -121.9222); Little Wind
River (45.7392, -121.7772); Ninemile Creek (45.8929, -121.9526);
Paradise Creek (45.9527, -121.9408); Trapper Creek (45.8887, -122.0065);
Trout Creek (45.8021, -121.9313); Wind River (45.9732, -121.9031).
(vi) Middle Columbia/Grays Creek Watershed 1707010512. Outlet(s) =
Columbia River (Lat 45.7044, Long -121.7980) upstream to endpoint(s) in:
Columbia River (45.7205, -121.5056).
(vii) Middle Columbia/Eagle Creek Watershed 1707010513. Outlet(s) =
Columbia River (Lat 45.6447, Long -121.9395) upstream to endpoint(s) in:
Camp Creek (45.6676, -121.8167); Carson Creek (45.7206, -121.8184);
Columbia River (45.7044, -121.7980); Dry Creek (45.6717, -121.8732);
Eagle Creek (45.6365, -121.9171); East Fork Herman Creek (45.6538, -
121.8122); Herman Creek (45.6749, -121.8477); Rock Creek (45.6958, -
121.8915); Unnamed (45.6654, -121.8164); Unnamed (45.6674, -121.8487);
Unnamed (45.6689, -121.8444); Unnamed (45.6762, -121.9350); Unnamed
(45.6902, -121.9034); Unnamed (45.6948, -121.9424).
(2) Lower Columbia/Sandy Subbasin 17080001--(i) Salmon River
Watershed 1708000101. Outlet(s) = Salmon River (Lat 45.3768, Long -
122.0293) upstream to endpoint(s) in: Cheeney Creek (45.3104, -
121.9561); Copper Creek (45.2508, -121.9053); Salmon River (45.2511, -
121.9025); South Fork Salmon River (45.2606, -121.9474); Unnamed
(45.3434, -121.9920).
(ii) Zigzag River Watershed 1708000102. Outlet(s) = Zigzag River
(Lat 45.3489, Long -121.9442) upstream to endpoint(s) in: Henry Creek
(45.3328, -121.9110); Still Creek (45.2755, -121.8413); Unnamed
(45.3019, -121.8202); Zigzag River (45.3092, -121.8642).
(iii) Upper Sandy River Watershed 1708000103. Outlet(s) = Sandy
River (Lat 45.3489, Long -121.9442) upstream to endpoint(s) in: Clear
Creek (45.3712, -121.9246); Clear Fork Sandy River (45.3994, -121.8525);
Horseshoe Creek (45.3707, -121.8936); Lost Creek (45.3709, -121.8150);
Sandy River (45.3899, -121.8620).
(iv) Middle Sandy River Watershed 1708000104. Outlet(s) = Sandy
River (Lat 45.4464, Long -122.2459) upstream to endpoint(s) in: Alder
Creek (45.3776, -122.0994); Bear Creek (45.3368, -121.9265); Cedar Creek
(45.4087, -122.2617); North Boulder Creek (45.3822, -122.0168); Sandy
River (45.3489, -121.9442).
(v) Bull Run River Watershed 1708000105. Outlet(s) = Bull Run River
(Lat 45.4464, Long -122.2459) upstream to endpoint(s) in: Bull Run River
(45.4455, -122.1561); Little Sandy Creek (45.4235, -122.1975).
(vi) Washougal River (1708000106). Outlet(s) = Washougal River (Lat
45.5795, Long -122.4022) upstream(s) to endpoint(s) in: Cougar Creek
(45.6265, -122.2987); Dougan Creek (45.6770, -122.1522); Lacamas Creek
(45.5972, -122.3933); Little Washougal River (45.6315, -122.3767);
Washougal River (45.6729, -122.1524); West Fork Washougal River
(45.6205, -122.2149).
(vii) Columbia Gorge Tributaries Watershed 1708000107. Outlet(s) =
Columbia River (Lat 45.5735, Long -122.3945) upstream to endpoint(s) in:
Bridal Veil Creek (45.5542, -122.1793); Columbia River (45.6447, -
121.9395); Coopey Creek (45.5656, -122.1671); Government Cove (45.5948,
-122.0630); Hamilton Creek
[[Page 319]]
(45.6414, -121.9764); Hardy Creek (45.6354, -121.9987); Horsetail Creek
(45.5883, -122.0675); Latourell Creek (45.5388, -122.2173); McCord Creek
(45.6115, -121.9929); Moffett Creek (45.6185, -121.9662); Multnomah
Creek (45.5761, -122.1143), Oneonta Creek (45.5821, -122.0718); Tanner
Creek (45.6264, -121.9522); Turnaft Creek (45.6101, -122.0284); Unnamed
(45.5421, -122.2624); Unnamed (45.5488, -122.3504); Unnamed (45.6025, -
122.0443); Unnamed (45.6055, -122.0392); Unnamed (45.6083, -122.0329);
Unnamed (45.6118, -122.0216); Unnamed (45.6124, -122.0172); Unnamed
(45.6133, -122.0055); Wahkeena Creek (45.5755, -122.1266); Young Creek
(45.5480, -122.1997).
(viii) Lower Sandy River Watershed 1708000108. Outlet(s) = Sandy
River (Lat 45.5680, Long -122.4023) upstream to endpoint(s) in: Beaver
Creek (45.5258, -122.3822); Gordon Creek (45.4915, -122.2423); Sandy
River (45.4464, -122.2459); Trout Creek (45.4844, -122.2785); Unnamed
(45.5542, -122.3768); Unnamed (45.5600, -122.3650).
(3) Lewis Subbasin 17080002--(i) East Fork Lewis River Watershed
1708000205. Outlet(s) = East Fork Lewis River (Lat 45.8664, Long -
122.7189) upstream to endpoint(s) in: East Fork Lewis River (45.8395, -
122.4463).
(ii) Lower Lewis River Watershed 1708000206. Outlet(s) = Lewis River
(Lat 45.8519, Long -122.7806) upstream to endpoint(s) in: Cedar Creek
(45.9049, -122.3684); Chelatchie Creek (45.9169, -122.4130); Johnson
Creek (45.9385, -122.6261); Lewis River (45.9570, -122.5550); Pup Creek
(45.9391, -122.5440); Unnamed (45.8882, -122.7412); Unnamed (45.9153, -
122.4362).
(4) Lower Columbia/Clatskanie Subbasin 17080003--(i) Kalama River
Watershed 1708000301. Outlet(s) = Burris Creek (45.8926, -122.7892);
Kalama River (46.0340, -122.8695) upstream to endpoint(s) in: Arnold
Creek (46.0463, -122.5938); Burris Creek (45.9391, -122.7780); Elk Creek
(46.0891, -122.5117); Gobar Creek (46.0963, -122.6042); Hatchery Creek
(46.0459, -122.8027); Kalama River (46.1109, -122.3579); Little Kalama
River (45.9970, -122.6939); North Fork Kalama River (46.1328, -
122.4118); Wild Horse Creek (46.0626, -122.6367).
(ii) Clatskanie River Watershed 1708000303. Outlet(s) = Clatskanie
River (Lat 46.1398, Long -123.2303) upstream to endpoint(s) in:
Clatskanie River (46.0435, -123.0829); Merrill Creek (46.0916, -
123.1727); Perkins Creek (46.0826, -123.1678).
(iii) Skamokawa/Elochoman Watershed 1708000305. Outlet(s) =
Elochoman River (Lat 46.2269, Long -123.4040); Skamokawa Creek (46.2677,
-123.4562); Unnamed (46.2243, -123.3975) upstream to endpoint(s) in:
Beaver Creek (46.2256, -123.3071); Elochoman River (46.3503, -123.2428);
Falk Creek (46.2954, -123.4413); Left Fork Skamokawa Creek (46.3249, -
123.4538); McDonald Creek (46.3398, -123.4116); Standard Creek (46.3292,
-123.3999); West Fork Elochoman River (46.3211, -123.2605); West Fork
Skamokawa Creek (46.2871, -123.4654); Wilson Creek (46.2970, -123.3434).
(iv) Plympton Creek Watershed 1708000306. Outlet(s) = Westport
Slough (Lat 46.1434, Long -123.3816) upstream to endpoint(s) in:
Plympton Creek (46.1261, -123.3842); Westport Slough (46.1195, -
123.2797).
(5) Upper Cowlitz Subbasin 17080004--(i) Headwaters Cowlitz River
1708000401. Outlet(s) = Cowlitz River (Lat 46.6580, Lat -121.6032)
upstream to endpoint(s) in: Clear Fork Cowlitz River (46.6858, -
121.5668); Muddy Fork Cowlitz River (46.6994, -121.6169); Ohanapecosh
River (46.6883, -121.5809).
(ii) Upper Cowlitz River Watershed 1708000402. Outlet(s) = Cowlitz
River (Lat 46.5763, Long -121.7051) upstream to endpoint(s) in: Cowlitz
River (46.6580, -121.6032).
(iii) Cowlitz Valley Frontal Watershed 1708000403. Outlet(s) =
Cowlitz River (Lat 46.4765, Long -122.0952) upstream to endpoint(s) in:
Cowlitz River (46.5763, -121.7051); Silver Creek (46.5576, -121.9178).
(iv) Upper Cispus River Watershed 1708000404. Outlet(s) = Cispus
River (Lat 46.4449, Long -121.7954) upstream to endpoint(s) in: Cispus
River (46.3410, -121.6709); East Canyon Creek (46.3454, -121.7031);
North Fork Cispus River (46.4355, -121.654).
(v) Lower Cispus River Watershed 1708000405. Outlet(s) = Cispus
River (Lat 46.4765, Long -122.0952) upstream to endpoint(s) in: Cispus
River (46.4449, -121.7954); McCoy Creek (46.3892,
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-121.8190); Yellowjacket Creek (46.3871, -121.8335).
(6) Cowlitz Subbasin 17080005--(i) Riffe Reservoir Watershed
1708000502. Outlet(s) = Cowlitz River (Lat 46.5033, Long -122.5870)
upstream to endpoint(s) in: Cowlitz River (46.4765, -122.0952).
(ii) Jackson Prairie Watershed 1708000503. Outlet(s) = Cowlitz River
(Lat 46.3678, Long -122.9337) upstream to endpoint(s) in: Bear Creek
(46.4215, -122.9224); Blue Creek (46.4885, -122.7253); Cowlitz River
(46.5033, -122.5870); Lacamas Creek (46.5118, -122.8113); Mill Creek
(46.4701, -122.8557); Mill Creek (46.5176;-122.6209); Otter Creek
(46.4800, -122.6996); Salmon Creek (46.4237, -122.8400); Skook Creek
(46.5035, -122.7556).
(iii) North Fork Toutle River Watershed 1708000504. Outlet(s) =
North Fork Toutle River (Lat 46.3669, Long -122.5859) upstream to
endpoint(s) in: North Fork Toutle River (46.3718, -122.5847).
(iv) Green River Watershed 1708000505. Outlet(s) = Green River (Lat
46.3718, Long -122.5847) upstream to endpoint(s) in: Cascade Creek
(46.3924, -122.3530); Devils Creek (46.3875, -122.5113); Elk Creek
(46.3929, -122.3224); Green River (46.3857, -122.1815); Miners Creek
(46.3871, -122.2091); Shultz Creek (46.3744, -122.2987); Unnamed
(46.3796, -122.3632).
(v) South Fork Toutle River Watershed 1708000506. Outlet(s) = South
Fork Toutle River (Lat 46.3282, Long -122.7215) upstream to endpoint(s)
in: Johnson Creek (46.3100, -122.6338); South Fork Toutle River
(46.2306, -122.4439); Studebaker Creek (46.3044, -122.6777).
(vi) East Willapa Watershed 1708000507. Outlet(s) = Cowlitz River
(Lat 46.2660, Long -122.9154) upstream to endpoint(s) in: Arkansas Creek
(46.3275, -123.0123); Baxter Creek (46.3034, -122.9709); Brim Creek
(46.4263, -123.0139); Campbell Creek (46.3756, -123.0401); Cowlitz River
(46.3678, -122.9337); Delameter Creek (46.2495, -122.9916); Hemlock
Creek (46.2585, -122.7269); Hill Creek (46.3724, -122.9211); King Creek
(46.5076, -122.9885); Monahan Creek (46.2954, -123.0286); North Fork
Toutle River (46.3669, -122.5859); Olequa Creek (46.5174, -122.9042);
Stillwater Creek (46.3851, -123.0478); Sucker Creek (46.2628, -
122.8116); Unnamed (46.5074, -122.9585); Unnamed (46.5405, -122.9090);
Wyant Creek (46.3424, -122.6302).
(vii) Coweeman Watershed 1708000508. Outlet(s) = Cowlitz River (Lat
46.0977, Long -122.9141); Owl Creek (46.0771, -122.8676) upstream to
endpoint(s) in: Baird Creek (46.1704, -122.6119); Coweeman River
(46.1505, -122.5792); Cowlitz River (46.2660, -122.9154); Leckler Creek
(46.2092, -122.9206); Mulholland Creek (46.1932, -122.6992); North Fork
Goble Creek (46.1209, -122.7689); Ostrander Creek (46.2095, -122.8623);
Owl Creek (46.0914, -122.8692); Salmon Creek (46.2547, -122.8839); South
Fork Ostrander Creek (46.1910, -122.8600); Unnamed (46.0838, -122.7264).
(7) Lower Columbia Subbasin 17080006--(i) Big Creek Watershed
1708000602. Outlet(s) = Bear Creek (Lat 46.1719; Long -123.6642); Big
Creek (46.1847, -123.5943); Blind Slough (46.2011, -123.5822); John Day
River (46.1820, -123.7392) upstream to endpoint(s) in: Bear Creek
(46.1181, -123.6388); Big Creek (46.1475, -123.5819); Gnat Creek
(46.1614, -123.4813); John Day River (46.1763, -123.7474).
(ii) Grays Bay Watershed 1708000603. Outlet(s) = Crooked Creek (Lat
46.2962, Long -123.6795); Deep River (46.3035, -123.7092); Grays River
(46.3035, -123.6867); Sisson Creek (46.3011, -123.7237); Unnamed
(46.3042, -123.6870) upstream to endpoint(s) in: Crooked Creek (46.3033,
-123.6222); East Fork Grays River (46.4425, -123.4081); Fossil Creek
(46.3628, -123.5530); Grays River (46.4910, -123.4334); Hull Creek
(46.3725, -123.5866); Johnson Canyon (46.3699, -123.6659); Klints Creek
(46.3562, -123.5675); Malone Creek (46.3280, -123.6545); Mitchell Creek
(46.4512, -123.4371) South Fork Grays River (46.3813, -123.4581);
Sweigiler Creek (46.4195, -123.5375); Unnamed (46.3283, -123.7376);
Unnamed (46.3651, -123.6839); Unnamed (46.4701, -123.4515); West Fork
Grays River (46.4195, -123.5530).
(8) Clackamas Subbasin 17090011--(i) Lower Clackamas River Watershed
1709001106. Outlet(s) = Clackamas River (Lat 45.3719, Long -122.6071)
upstream to endpoint(s) in: Clackamas River (45.2440, -122.2798); Clear
Creek (45.3568, -122.4781); Deep Creek (45.3916, -122.4028); Richardson
Creek (45.3971,
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-122.4712); Rock Creek (45.4128, -122.5043).
(ii) [Reserved]
(9) Lower Willamette Subbasin 17090012--(i) Johnson Creek Watershed
1709001201. Outlet(s) = Willamette River (Lat 45.4423, Long -122.6453)
upstream to endpoint(s) in: Crystal Springs Creek (45.4770, -122.6403);
Kellogg Creek (45.4344, -122.6314); Tryon Creek (45.4239, -122.6595);
Unnamed (45.4002, -122.6423); Willamette River (45.3719, -122.6071).
(ii) Scappoose Creek Watershed 1709001202. Outlet(s) = Multnomah
Channel (Lat 45.8577, Long -122.7919) upstream to endpoint(s) in:
Cunningham Slough (45.8250, -122.8069); Multnomah Channel (45.6188, -
122.7921); North Scappoose Creek (45.8014, -122.9340).
(iii) Columbia Slough/Willamette River Watershed 1709001203.
Outlet(s) = Willamette River (Lat 45.6530, Long -122.7646) upstream to
endpoint(s) in: Bybee/Smith Lakes (45.6189, -122.7333); Columbia Slough
(45.5979, -122.7137); Willamette River (45.4423, -122.6453).
(10) Lower Columbia River Corridor--Lower Columbia River Corridor.
Outlet(s) = Columbia River (Lat 46.2485, Long -124.0782) upstream to
endpoint(s) in: Columbia River (45.5709, -122.4021).
(11) Maps of critical habitat for the Lower Columbia River chinook
salmon ESU follow:
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(k) Upper Willamette River Chinook Salmon (Oncorhynchus
tshawytscha). Critical habitat is to include the areas defined in the
following subbasins:
(1) Middle Fork Willamette Subbasin 17090001--(i) Upper Middle Fork
Willamette River Watershed 1709000101. Outlet(s) = Middle Fork
Willamette River (Lat 43.4961, Long -122.3989) upstream to
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endpoint(s) in: Echo Creek (43.4670, -122.3172); Found Creek (43.5048, -
122.2831); Middle Fork Willamette River (43.4801, -122.2534); Noisy
Creek (43.5083, -122.3016); Simpson Creek (43.5031, -122.3801); Skunk
Creek (43.5069, -122.2866); Staley Creek (43.4527, -122.3650); Swift
Creek (43.5438, -122.2431); Tumblebug Creek (43.4740, -122.2549);
Unnamed (43.4967, -122.2645); Unnamed (43.4986, -122.2686); Unnamed
(43.5020, -122.2764).
(ii) Hills Creek Watershed 1709000102. Outlet(s) = Hills Creek (Lat
43.7071, Long -122.4195) upstream to endpoint(s) in: Hills Creek
(43.6718, -122.3502).
(iii) Salt Creek/Willamette River Watershed 1709000103. Outlet(s) =
Salt Creek (Lat 43.7261, Long -122.4381) upstream to endpoint(s) in:
Coyote Creek (43.6682, -122.2378); Eagle Creek (43.6795, -122.2293);
Salt Creek (43.6204, -122.1413); South Fork Salt Creek (43.6518, -
122.2261).
(iv) Hills Creek Reservoir Watershed 1709000105. Outlet(s) = Middle
Fork Willamette River (Lat 43.7589, Long -122.5242) upstream to
endpoint(s) in: Big Willow Creek (43.6341, -122.4139); Buck Creek
(43.5945, -122.4272); Bull Creek (43.6598, -122.4014); Coal Creek
(43.4882, -122.4246); Coffeepot Creek (43.6182, -122.4160); Gold Creek
(43.5860, -122.4768); Indian Creek (43.5034, -122.4638); Larison Creek
(43.6851, -122.4760); Middle Fork Willamette River (43.4961, -122.3989);
Packard Creek (43.6516, -122.4904); Snake Creek (43.5388, -122.4554)
Snow Creek (43.6061, -122.4585); Windfall Creek (43.5984, -122.4638).
(v) North Fork of Middle Fork Willamette River Watershed 1709000106.
Outlet(s) = North Fork Middle Fork Willamette River (Lat 43.7589, Long -
122.5242) upstream to endpoint(s) in: Cayuse Creek (43.8651, -122.1856);
Chalk Creek (43.8750, -122.4044); Christy Creek (43.9079, -122.3796);
Fisher Creek (43.8699, -122.1551); North Fork Middle Fork Willamette
River (43.8671, -122.0711).
(vi) Middle Fork Willamette/Lookout Point Watershed 1709000107.
Outlet(s) = Middle Fork Willamette River (Lat 43.9495, Long -122.8471)
upstream to endpoint(s) in: Anthony Creek (43.8799, -122.8498);
Bannister Creek (43.8743, -122.6538); Buckhead Creek (43.7753, -
122.5253); Burnt Bridge Creek (43.7900, -122.5334); Carr Creek (43.8558,
-122.8177); Deception Creek (43.7551, -122.5541); East Fork Minnow Creek
(43.8902, -122.7342); Goodman Creek (43.8309, -122.6940); Gosage Creek
(43.8446, -122.8129); Guiley Creek (43.8419, -122.7962); Hazel Creek
(43.8637, -122.6891); Lost Creek (43.8427, -122.7781); Middle Creek
(43.8624, -122.8323); Middle Fork Willamette River (43.7589, -122.5242);
Minnow Creek (43.8872, -122.7458); North Creek (43.8247, -122.6236);
Rolling Riffle Creek (43.8750, -122.7052); School Creek (43.8604, -
122.6099); South Creek (43.8230, -122.6216); Unnamed (43.8329, -
122.6775); Unnamed (43.8427, -122.6643); Unnamed (43.8433, -122.6950).
(vii) Little Fall Creek Watershed 1709000108. Outlet(s) = Little
Fall Creek (Lat 43.9577, Long -122.8166) upstream to endpoint(s) in:
Little Fall Creek (44.0579, -122.5440); Norton Creek (44.0006, -
122.7044); Sturdy Creek (44.0196, -122.6475).
(viii) Fall Creek Watershed 1709000109. Outlet(s) = Fall Creek (Lat
43.9707, Long -122.8677) upstream to endpoint(s) in: Alder Creek
(44.0000, -122.4993); Fall Creek (43.9922, -122.3758); Gold Creek
(43.9772, -122.4051); Logan Creek (43.9447, -122.4504); Nelson Creek
(43.9285, -122.6850); Portland Creek (43.9331, -122.4655); Sunshine
Creek (43.9943, -122.4672); Winberry Creek (43.9142, -122.6890).
(ix) Lower Middle Fork Willamette River Wateshed 1709000110.
Outlet(s) = Middle Fork Willamette River (Lat 44.0226, Long -123.0169)
upstream to endpoint(s) in: Hills Creek (43.9945, -122.8651); Middle
Fork Willamette River (43.9495, -122.8471); Mill Race (44.0407, -
123.0004); Pudding Creek (44.0173, -122.9501); Rattlesnake Creek
(43.9352, -122.8608); Wallace Creek (44.0074, -122.8984).
(2) Upper Willamette Subbasin 17090003--(i) Muddy Creek Watershed
1709000302. Outlet(s) = Willamette River (Lat 44.6400, Long -123.1096)
upstream to endpoint(s) in: Willamette River (44.0226, -123.0169).
(ii) Calapooia River Watershed 1709000303. Outlet(s) = Calapooia
River (Lat 44.5088, Long -123.1101) upstream to endpoint(s) in:
Calapooia River (44.2354, -122.4128).
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(iii) Oak Creek Watershed 1709000304. Outlet(s) = Willamette River
(Lat 44.7504, Long -123.1421) upstream to endpoint(s) in: Calapooia
River (44.5088, -123.1101); Willamette River (44.6400, -123.1096).
(iv) Marys River Watershed 1709000305. Outlet(s) = Marys River (Lat
44.5566, Long -123.2597) upstream to endpoint(s) in: Beaver Creek
(44.4554, -123.3748); Marys River (44.5373, -123.3762); Oak Creek
(44.5636, -123.2932).
(v) Luckiamute River Watershed 1709000306. Outlet(s) = Luckiamute
River (Lat 44.7561, Long -123.1468) upstream to endpoint(s) in: Soap
Creek (44.7317, -123.2151); Unnamed (44.7661, -123.2011).
(3) McKenzie Subbasin 17090004--(i) Upper McKenzie River Watershed
1709000401. Outlet(s) = McKenzie River (Lat 44.1721, Long -122.2058)
upstream to endpoint(s) in: Deer Creek (44.2677, -122.0712); Frissell
Creek (44.2288, -122.0699); Lost Creek (44.1729, -122.0401); McKenzie
River (44.3109, -122.0199); Scott Creek (44.1981, -122.0195); Smith
River (44.2824, -122.0506).
(ii) Horse Creek Watershed 1709000402. Outlet(s) = West Fork Horse
Creek (Lat 44.1721, Long -122.2058) upstream to endpoint(s) in: Cedar
Swamp Creek (44.1563, -122.1132); Horse Creek (44.0602, -122.0087); King
Creek (44.1635, -122.1693); Separation Creek (44.1274, -122.0077).
(iii) South Fork McKenzie River Watershed 1709000403. Outlet(s) =
South Fork McKenzie River (Lat 44.1595, Long -122.2946) upstream to
endpoint(s) in: Augusta Creek (43.9562, -122.1632); Cougar Creek
(44.1397, -122.2437); East Fork South Fork McKenzie (44.0850, -
122.0997); Elk Creek (43.9455, -122.0384); French Pete Creek (44.0402, -
122.1854); Hardy Creek (44.0345, -122.2047); Rebel Creek (44.0167, -
122.1505); Roaring River (43.9479, -122.0811); South Fork McKenzie River
(43.9533, -121.9995).
(iv) McKenzie River/Quartz Creek Watershed 1709000405. Outlet(s) =
McKenzie River (Lat 44.1112, Long -122.4209) upstream to endpoint(s) in:
Cone Creek (44.1528, -122.3649); McKenzie River (44.1721, -122.2058);
Quartz Creek (44.0188, -122.3015); Wycoff Creek (44.0846, -122.3143).
(v) Lower McKenzie River Watershed 1709000407. Outlet(s) = McKenzie
River (Lat 44.1255, Long -123.1059) upstream to endpoint(s) in: Boulder
Creek (44.0601, -122.7825); Camp Creek (44.0896, -122.8544); Deer Creek
(44.0895, -122.4234); Ennis Creek (44.0804, -122.3754); Finn Creek
(44.1471, -122.5972); Forest Creek (44.0861, -122.7153); Haagen Creek
(44.0880, -122.7126); Hatchery Creek (44.1449, -122.6056); Holden Creek
(44.1056, -122.7061); Indian Creek (44.1526, -122.5816); Lane Creek
(44.0928, -122.7323); Marten Creek (44.1075, -122.5046); McKenzie River
(44.1112, -122.4209); North Fork Gate Creek (44.1718, -122.5248); Osborn
Creek (44.0565, -122.7880); Ritchie Creek (44.1028, -122.6567); South
Fork Gate Creek (44.1667, -122.4980); Taylor Creek (44.0783, -122.7481);
Toms Creek (44.1316, -122.5586); Unnamed (44.0646, -122.9399);
Walterville Canal (44.0765, -122.7537).
(4) North Santiam Subbasin 17090005--(i) Middle North Santiam River
Watershed 1709000504. Outlet(s) = North Santiam River (Lat 44.7852, Long
-122.6079) upstream to endpoint(s) in: Mad Creek (44.7453, -122.3898);
North Santiam River (44.7510, -122.2821); Rock Creek (44.7077, -
122.4171); Snake Creek (44.7477, -122.4905).
(ii) Little North Santiam River Watershed 1709000505. Outlet(s) =
Little North Santiam River (Lat 44.7852, Long -122.6079) upstream to
endpoint(s) in: Elkhorn Creek (44.8134, -122.3561); Little North Santiam
River (44.8390, -122.3364); Little Sinker Creek (44.8191, -122.4111);
Sinker Creek (44.8166, -122.4174).
(iii) Lower North Santiam River Watershed 1709000506. Outlet(s) =
Santiam River (Lat 44.7504, Long -123.1421) upstream to endpoint(s) in:
Bear Branch (44.7559, -122.7974); Cold Creek (44.7522, -122.8848);
Morgan Creek (44.7500, -123.0376); North Santiam River (44.7852, -
122.6079); Salem Ditch (44.8000, -122.8120); Smallman Creek (44.7300, -
122.9098); Stout Creek (44.7930, -122.6177); Trask Creek (44.7725, -
122.6152); Unnamed (44.7672, -123.0517); Valentine Creek (44.8013, -
122.7176).
(5) South Santiam Subbasin 17090006--(i) Hamilton Creek/South
Santiam River Watershed 1709000601. Outlet(s) = South Santiam River (Lat
44.6869, Long -123.0052) upstream to endpoint(s) in: Hamilton Creek
(44.5037,
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-122.7667); McDowell Creek (44.4580, -122.7128); Mill Creek (44.6750, -
122.9721); Noble Creek (44.4519, -122.7976); South Santiam River
(44.4163, -122.6693); Spring Branch (44.6821, -122.9811); Unnamed
(44.6703, -122.9870); Unnamed (44.6801, -122.9786).
(ii) Crabtree Creek Watershed 1709000602. Outlet(s) = Crabtree Creek
(Lat 44.6756, Long -122.9557) upstream to endpoint(s) in: Bald Peter
Creek (44.5682, -122.5825); Beaver Creek (44.6271, -122.8504); Crabtree
Creek (44.6058, -122.5405); Roaring River (44.6251, -122.7283); South
Fork Crabtree Creek (44.5741, -122.5744).
(iii) Thomas Creek Watershed 1709000603. Outlet(s) = Thomas Creek
(Lat 44.6778, Long -122.9654) upstream to endpoint(s) in: Jordan Creek
(44.7531, -122.6595); Mill Creek (44.7055, -122.7842); Neal Creek
(44.7101, -122.6912); South Fork Neal Creek (44.7033, -122.7078); Thomas
Creek (44.6776, -122.4650).
(iv) South Santiam River Watershed 1709000606. Outlet(s) = South
Santiam River (Lat 44.3977, Long -122.4491) upstream to endpoint(s) in:
Falls Creek (44.4007, -122.3828); South Santiam River (44.3980, -
122.2610).
(v) South Santiam River/Foster Reservoir Watershed 1709000607.
Outlet(s) = South Santiam River (Lat 44.4163, Long -122.6693) upstream
to endpoint(s) in: Middle Santiam River (44.4498, -122.5479); South
Santiam River (44.3977, -122.4491).
(vi) Wiley Creek Watershed 1709000608. Outlet(s) = Wiley Creek (Lat
44.4140, Long -122.6752) upstream to endpoint(s) in: Little Wiley Creek
(44.3673, -122.5916); Wiley Creek (44.3488, -122.5900).
(6) Middle Willamette Subbasin 17090007--(i) Mill Creek/Willamette
River Watershed 1709000701. Outlet(s) = Mill Creek (Lat 44.9520, Long -
123.0381) upstream to endpoint(s) in: Mill Creek (44.8255, -122.8226).
(ii) Rickreall Creek Watershed 1709000702. Outlet(s) = Willamette
River (Lat 44.9288, Long -123.1124) upstream to endpoint(s) in:
Willamette River (44.7504, -123.1421).
(iii) Willamette River/Chehalem Creek Watershed 1709000703.
Outlet(s) = Willamette River (Lat 45.2552, Long -122.8806) upstream to
endpoint(s) in: Willamette River (44.9288, -123.1124).
(iv) Abernethy Creek Watershed 1709000704. Outlet(s) = Willamette
River (Lat 45.3719, Long -122.6071) upstream to endpoint(s) in:
Willamette River (45.2552, -122.8806).
(7) Molalla/Pudding Subbasin 17090009--(i) Butte Creek/Pudding River
Watershed 1709000902. Outlet(s) = Pudding River (Lat 45.1907, Long -
122.7527) upstream to endpoint(s) in: Pudding River (45.0740, -
122.8525).
(ii) Senecal Creek/Mill Creek Watershed 1709000904. Outlet(s) =
Pudding River (Lat 45.2843, Long -122.7149) upstream to endpoint(s) in:
Pudding River (45.1907, -122.7527).
(iii) Upper Molalla River Watershed 1709000905. Outlet(s) = Molalla
River (Lat 45.1196, Long -122.5342) upstream to endpoint(s) in: Molalla
River (44.9124, -122.3228); North Fork Molalla River (45.0872, -
122.3849); Table Rock Fork Molalla River (44.9876, -122.2741).
(iv) Lower Molalla River Watershed 1709000906. Outlet(s) = Molalla
River (Lat 45.2979, Long -122.7141) upstream to endpoint(s) in: Gribble
Creek (45. 2146, -122.6988); Milk Creek (45.2278, -122.5670); Molalla
River (45.1196, -122.5342).
(8) Clackamas Subbasin 17090011--(i) Collawash River Watershed
1709001101. Outlet(s) = Collawash River (Lat 45.0321, Long -122.0600)
upstream to endpoint(s) in: Blister Creek (44.9594, -122.1590);
Collawash River (44.9507, -122.0350); Hot Springs Fk Collawash River
(44.9385, -122.1721); Nohorn Creek (44.9442, -122.1957).
(ii) Upper Clackamas River 1709001102. Outlet(s) = Clackamas River
(Lat 45.0321, Long -122.0600) upstream to endpoint(s) in: Cabin Creek
(45.0087, -121.8958); Clackamas River (44.8966, -121.8800); Cub Creek
(44.8969, -121.8876); Granite Creek (45.0184, -121.9885); Hunter Creek
(44.9086, -121.8929); Last Creek (44.9715, -121.8547); Lowe Creek
(44.9487, -121.8983); Pot Creek (45.0149, -121.9084); Unnamed (44.9469,
-121.8691); Wall Creek (44.9555, -121.8843).
(iii) Oak Grove Fork Clackamas River Watershed 1709001103. Outlet(s)
= Oak Grove Fork Clackamas River (Lat 45.0746, Long -122.0520) upstream
to endpoint(s) in: Oak Grove Fork Clackamas River (45.0822, -121.9859).
(iv) Middle Clackamas River Watershed 1709001104. Outlet(s) =
Clackamas River
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(Lat 45.2440, Long -122.2798) upstream to endpoint(s) in: Clackamas
River (45.0321, -122.0600); Fish Creek (45.0962, -122.1683); North Fork
Clackamas River (45.2361, -122.2186); Roaring River (45.1773, -
122.0650); South Fork Clackamas River (45.1939, -122.2257); Tag Creek
(45.0607, -122.0512); Tar Creek (45.0494, -122.0570).
(v) Lower Clackamas River Watershed 1709001106. Outlet(s) =
Clackamas River (Lat 45.3719, Long -122.6071) upstream to endpoint(s)
in: Clackamas River (45.2440, -122.2798); Clear Creek (45.3568, -
122.4781); Deep Creek (45.3937, -122.4095); Richardson Creek (45.3971, -
122.4712).
(9) Lower Willamette/Columbia River Corridor--Lower Willamette/
Columbia River Corridor. Outlet(s) = Columbia River (Lat 46.2485, Long -
124.0782) upstream to endpoint(s) in: Willamette River (45.3719, -
122.6071).
(10) Maps of critical habitat for the Upper Willamette River chinook
salmon ESU follow:
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(l) Upper Columbia River Spring Chinook Salmon (Oncorhynchus
tshawytscha). Critical habitat is to include the areas defined in the
following subbasins:
(1) Chief Joseph Subbasin 17020005--Upper Columbia/Swamp Creek
Watershed 1702000505. Outlet(s) = Columbia River (Lat 47.8077, Long -
119.9754) upstream to endpoint(s) in: Columbia River (48.0502, -
119.8942).
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(2) Methow Subbasin 17020008--(i) Lost River Watershed 1702000801
Outlet(s) = Lost River Gorge (Lat 48.6501, Long -120.5103) upstream to
endpoint(s) in: Eureka Creek (48.7020, -120.4986); Lost River Gorge
(48.7324, -120.4475).
(ii) Upper Methow River Watershed 1702000802. Outlet(s) = Methow
River (Lat 48.6015, Long -120.4376) upstream to endpoint(s) in: Early
Winters Creek (48.5999, -120.5840); Methow River (48.6417, -120.6150);
Rattlesnake Creek (48.6523, -120.5733); Robinson Creek (48.6680, -
120.5394); South Fork Trout Creek (48.6448, -120.6030).
(iii) Upper Chewuch River Watershed 1702000803. Outlet(s) = Chewuch
River (Lat 48.7501, Long -120.1356) upstream to endpoint(s) in: Andrews
Creek (48.7855, -120.1087); Chewuch River (48.8614, -120.0288); Dog
Creek (48.8218, -120.0151); Lake Creek (48.8258, -120.1996); Thirtymile
Creek (48.8109, -120.0199).
(iv) Lower Chewuch River Watershed 1702000804. Outlet(s) = Chewuch
River (Lat 48.4751, Lat -120.1790) upstream to endpoint(s) in: Boulder
Creek (48.5797, -120.1538); Chewuch River (48.7501, -120.1356); Cub
Creek (48.5513, -120.1899); Eightmile Creek (48.6071, -120.1775); Lake
Creek (48.4926, -120.1629); Twentymile Creek (48.7029, -120.1117).
(v) Twisp River Watershed 1702000805. Outlet(s) = Twisp River (Lat
48.3682, Long -120.1176) upstream to endpoint(s) in: Buttermilk Creek
(48.3528, -120.3239); Eagle Creek (48.3584, -120.3914); North Creek
(48.4587, -120.5595); Poorman Creek (48.3674, -120.1997); South Creek
(48.4330, -120.5431); Twisp River (48.4615, -120.5764); War Creek
(48.3649, -120.4030).
(vi) Middle Methow River Watershed 1702000806. Outlet(s) = Methow
River (Lat 48.2495, Long -120.1156) upstream to endpoint(s) in: Bear
Creek (48.4527, -120.1423); Goat Creek (48.5888, -120.3705); Little
Boulder Creek (48.5700, -120.3797); Methow River (48.6015, -120.4376);
Wolf Creek (48.4776, -120.2840) Unnamed (48.4896, -120.2116).
(vii) Lower Methow River Watershed 1702000807. Outlet(s) = Methow
River (Lat 48.0502, Long -119.8942) upstream to endpoint(s) in: Methow
River (48.2495, -120.1156).
(3) Upper Columbia/Entiat Subbasin 17020010--(i) Entiat River
Watershed 1702001001. Outlet(s) = Entiat River (Lat 47.6585, Long -
120.2194) upstream to endpoint(s) in: Entiat River (47.9855, -120.5749);
Hornet Creek (47.7714, -120.4403); Mad River (47.7804, -120.4403);
Tillicum Creek (47.7295, -120.4304).
(ii) Lake Entiat Watershed 1702001002. Outlet(s) = Columbia River
(Lat 47.3438, Long -120.0929) upstream to endpoint(s) in: Columbia River
(47.8077, -119.9754).
(4) Wenatchee Subbasin 17020011--(i) White River Watershed
1702001101. Outlet(s) = White River (Lat 47.8088, Long -120.7159)
upstream to endpoint(s) in: Little Wenatchee River (47.8526, -120.9541);
Napeequa River (47.9285, -120.8829); Panther Creek (47.9355, -120.9482);
White River (47.9535, -120.9380).
(ii) Chiwawa River Watershed 1702001102. Outlet(s) = Chiwawa River
(Lat 47.7880, Long -120.6589) upstream to endpoint(s) in: Alder Creek
(47.8483, -120.6587); Chikamin Creek (47.9785, -120.7194); Chiwawa River
(48.1048, -120.8773); Goose Creek (47.8392, -120.6461); Minnow Creek
(47.9137, -120.7182); Phelps Creek (48.0794, -120.8400); Unnamed
(48.0366, -120.7615).
(iii) Nason/Tumwater Watershed 1702001103. Outlet(s) = Wenatchee
River (Lat 47.5801, Long -120.6660) upstream to endpoint(s) in:
Chiwaukum Creek (47.7039, -120.7791); Nason Creek (47.7769, -120.9103);
Skinney Creek (47.6894, -120.7351).
(iv) Icicle/Chumstick Watershed 1702001104. Outlet(s) = Wenatchee
River (Lat 47.5575, Long -120.5729) upstream to endpoint(s) in:
Wenatchee River (47.5801, -120.6660).
(v) Lower Wenatchee River Watershed 1702001105. Outlet(s) =
Wenatchee River (Lat 47.4553, Long -120.3185) upstream to endpoint(s)
in: Wenatchee River (47.5575, -120.5729).
(5) Columbia River Corridor--Columbia River Corridor Outlet(s) =
Columbia River (Lat 46.2485, Long -124.0782) upstream to endpoint(s) in:
Columbia River (47.3438, -120.0929).
(6) Maps of critical habitat for the Upper Columbia River Spring-run
chinook salmon ESU follow:
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(m) Hood Canal Summer-run Chum Salmon (Oncorhynchus keta). Critical
habitat is designated to include the areas defined in the following
subbasins:
(1) Skokomoish Subbasin 17110017--Skokomish River 1711001701.
Outlet(s) = Skokomish River (Lat 47.3543, Long -123.1122), Unnamed
(47.3420, -123.1092), Unnamed (47.3471, -123.1275), Unnamed (47.3509. -
123.1101) upstream to endpoint(s) in: Mussel Sheel Creek (47.3039, -
123.1590); Skokomish (47.3199, -123.2198); Unnamed (47.3209, -123.2211).
[[Page 354]]
(2) Hood Canal Subbasin 17110018--(i) Lower West Hood Canal Frontal
Watershed 1711001802. Outlet(s)= Eagle Creek (Lat 47.4849, Long -
123.0766); Finch Creek (47.4067, -123.1377); Fulton Creek (47.6183, -
122.9736); Jorsted Creek (47.5263, -123.0489); Lilliwaup Creek (47.4689,
-123.1136); Unnamed (47.4576, -123.1117) upstream to endpoint(s) in:
Eagle Creek (47.4905, -123.0830); Finch Creek (47.4076, -123.1586);
Fulton Creek (47.6275, -122.9805); Jorsted Creek (47.5246, -123.0649);
Lilliwaup Creek (47.4704, -123.1166); Unnamed (47.4585, -123.1186).
(ii) Hamma Hamma River Watershed 1711001803. Outlet(s) = Hamma Hamma
River (Lat 47.5471, Long -123.0440) upstream to endpoint(s) in: Hamma
Hamma River (47.5547, -123.0623); John Creek (47.5369, -123.0619).
(iii) Duckabush River Watershed 1711001804. Outlet(s) = Duckabush
River (Lat 47.6502, Long -122.9348) upstream to endpoint(s) in:
Duckabush River (47.6654, -122.9728).
(iv) Dosewallips River Watershed 1711001805. Outlet(s) = Dosewallips
River (Lat 47.6880, Long -122.8949) upstream to endpoint(s) in:
Dosewallips River (47.7157, -122.9396).
(v) Big Quilcene River Watershed 1711001806. Outlet(s) = Big
Quilcene River (Lat 47.8188, Long -122.8605) upstream to endpoint(s) in:
Big Quilcene River (47.8102, -122.9119).
(vi) Upper West Hood Canal Frontal Watershed 1711001807. Outlet(s) =
Little Quilcene River (Lat 47.8266; Long -122.8608) upstream to
endpoint(s) in: Little Quilcene River (47.8374, -122.8854).
(vii) West Kitsap Watershed 1711001808. Outlet(s) = Anderson Creek
(Lat 47.5670, Long -122.9664); Big Beef Creek (47.6521, -122.7823);
Dewatto River (47.4538, -123.0474); Little Anderson Creek (47.6653, -
122.7554); Tahuya River (47.3767, -123.0355); Union River (47.4484, -
122.8368); Unnamed (47.3767, -123.0372); Unnamed (47.4537, -123.0474)
upstream to endpoint(s) in: Anderson Creek (47.5596, -122.9354); Bear
Creek (47.4980, -122.8074); Big Beef Creek (47.6385, -122.7868); Dewatto
River (47.4937, -122.9914); East Fork Union River (47.5056, -122.7897);
Hazel Creek (47.5170, -122.7945); Little Anderson Creek (47.6606, -
122.7543); North East Fork Union River (47.4954, -122.7819); Tahuya
River (47.4510, -122.9597); Union River (47.5273, -122.7846); Unnamed
(47.4492, -122.9229); Unnamed (47.4527, -122.8294); Unnamed (47.4553, -
122.8301); Unnamed (47.4594, -122.8396); Unnamed (47.4700, -122.8300);
Unnamed (47.4852, -122.8313); Unnamed (47.4966, -122.8393); Unnamed
(47.4971, -122.8315); Unnamed (47.6600, -122.7559); Unnamed (47.6642, -
122.7534).
(3) Puget Sound Subbasin 17110019--Port Ludlow/Chimacum Creek
Watershed 1711001908. Outlet(s) = Chimacum Creek (Lat 48.0507, Long -
122.7832) upstream to endpoint(s) in: Chimacum Creek (47.9743, -
122.7764).
(4) Dungeness/Elwha Subbasin 17110020--(i) Discovery Bay Watershed
1711002001. Outlet(s) = Salmon Creek (Lat 47.9895, Long -122.8879); Snow
Creek (47.9900, -122.8834) upstream to endpoint(s) in: Salmon Creek
(47.9775, -122.9191); Snow Creek (47.9638, -122.8827).
(ii) Sequim Bay Watershed 1711002002. Outlet(s) = Jimmycomelately
Creek (Lat 48.0235, Long -123.0039) upstream to endpoint(s) in:
Jimmycomelately Creek (48.0125, -123.0026).
(iii) Dungeness River Watershed 1711002003. Outlet(s) = Dungeness
River (Lat 48.1506, Long -123.1311); Unnamed (48.1537, -123.1267)
upstream to endpoint(s) in: Dungeness River (48.0258, -123.1358);
Matriotti Creek (48.1369, -123.1488); Unnamed (48.1167, -123.1403);
Unnamed (48.1514, -123.1216).
(5) Nearshore Marine Areas--Except as provided in paragraph (e) of
this section, critical habitat includes all nearshore marine areas
(including areas adjacent to islands) of Hood Canal and the Strait of
Juan de Fuca (to Dungeness Bay) from the line of extreme high tide out
to a depth of 30 meters.
(6) Maps of critical habitat for the Hood Canal summer-run chum
salmon ESU follow:
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(n) Columbia River Chum Salmon (Oncorhynchus keta). Critical habitat
is designated to include the areas defined in the following subbasins:
(1) Middle Columbia/Hood Subbasin 17070105--(i) White Salmon River
Watershed 1707010509. Outlet(s) = White Salmon River (Lat 45.7267, Long
-121.5209) upstream to endpoint(s) in: White Salmon River (45.7677, -
121.5374).
(ii) Middle Columbia/Grays Creek Watershed 1707010512. Outlet(s) =
Columbia
[[Page 361]]
River (Lat 45.7074, Long -121.7965) upstream to endpoint(s) in: Columbia
River (45.7267, -121.5209).
(iii) Middle Columbia/Eagle Creek 1707010513. Outlet(s) = Columbia
River (Lat 45.6453, Long -121.9395) upstream to endpoint(s) in: Columbia
River (45.7074, -121.7965).
(2) Lower Columbia/Sandy Subbasin 17080001--(i) Washougal River
Watershed 1708000106. Outlet(s) = Unnamed (Lat 45.5812, Long -122.4077);
Washougal River (45.5795, -122.4023) upstream to endpoint(s) in: Lacamas
Creek (45.5972, -122.3933); Little Washougal River (45.6210, -122.3750);
Unnamed (45.5861, -122.4083); Washougal River (45.6232, -122.2738).
(ii) Columbia Gorge Tributaries Watershed 1708000107. Outlet(s) =
Columbia River (Lat 45.5709, Long -122.4020) upstream to endpoint(s) in:
Columbia River (45.6453, -121.9395); Duncan Creek (45.6136, -122.0539);
Gibbons Creek (45.5710, -122.3147); Greenleaf Creek (45.6548, -
121.9569); Hamilton Creek (45.6535, -121.9879); Hardy Creek (45.6354, -
121.9987); Indian Mary Creek (45.6066, -122.0716); Lawton Creek
(45.5746, -122.2501); Unnamed (45.5673, -122.3033); Unnamed (45.6017, -
122.1106); Unnamed (45.6017, -122.1087); Unnamed (45.6483, -121.9725);
Unnamed (45.6509, -121.9502); Walton Creek (45.5757, -122.2618).
(iii) Salmon Creek Watershed 1708000109. Outlet(s) = Lake River (Lat
45.8437, Long -122.7800); Love Creek (45.5976, -122.5443); Unnamed
(45.5867, -122.5015); Unnamed (45.5919, -122.5241); Unnamed (45.5952, -
122.5366) upstream to endpoint(s) in: Love Creek (45.5981, -122.5444);
Salmon Creek (45.7089, -122.6480); Unnamed (45.5873, -122.5015); Unnamed
(45.5924, -122.5242); Unnamed (45.5955, -122.5360).
(3) Lewis Subbasin 17080002--(i) East Fork Lewis River Watershed
1708000205. Outlet(s) = East Fork Lewis River (Lat 45.8664, Long -
122.7189); Gee Creek (45.8462, -122.7803) upstream to endpoint(s) in:
Brezee Creek (45.8622, -122.6667); East Fork Lewis River (45.8395, -
122.4463); Gee Creek (45.8264, -122.7458); Lockwood Creek (45.8578, -
122.6259); Mason Creek (45.8410, -122.5919); McCormick Creek (45.8521, -
122.6907); Riley Creek (45.8663, -122.6349); Unnamed (45.8076, -
122.5878); Unnamed (45.8076, -122.6286); Unnamed (45.8090, -122.6089);
Unnamed (45.8111, -122.5860); Unnamed (45.8149, -122.5654); Unnamed
(45.8201, -122.5991); Unnamed (45.8241, -122.6380); Unnamed (45.8280, -
122.6431); Unnamed (45.8292, -122.6040); Unnamed (45.8389, -122.6456);
Unnamed (45.8439, -122.6478); Unnamed (45.8439, -122.6605).
(ii) Lower Lewis River Watershed 1708000206. Outlet(s) = Lewis River
(Lat 45.8519, Long -122.7806) upstream to endpoint(s) in: Cedar Creek
(45.9383, -122.5818); Colvin Creek (45.9400, -122.6081); Houghton Creek
(45.9395, -122.6478); Johnson Creek (45.9385, -122.6261); Lewis River
(45.9570, -122.5550); Ross Creek (45.9340, -122.7076).
(4) Lower Columbia/Clatskanie Subbasin 17080003--(i) Kalama River
Watershed 1708000301. Outlet(s) = Kalama River (Lat 46.0340, Long -
122.8696) upstream to endpoint(s) in: Kalama River (46.0449, -122.8034).
(ii) Germany/Abernathy Watershed 1708000304. Outlet(s) = Abernethy
Creek (Lat 46.1908, Long -123.1661); Germany Creek (46.1895, -123.1244);
Mill Creek (46.1888, -123.1745) upstream to endpoint(s) in: Abernethy
Creek (46.2263, -123.1467); Germany Creek (46.2221, -123.1353); Mill
Creek (46.1932, -123.1834).
(iii) Skamokawa/Elochoman Watershed 1708000305. Outlet(s) =
Elochoman River (Lat 46.2269, Long -123.4039); Jim Crow Creek (46.2662,
-123.5511); Skamokawa Creek (46.2677, -123.4562); Unnamed (46.2243, -
123.3975) upstream to endpoint(s) in: Beaver Creek (46.2262, -123.3239);
Brooks Slough (46.2502, -123.4094); Clear Creek (46.2611, -123.2996);
Duck Creek (46.2517, -123.3159); Eggman Creek (46.3248, -123.4951);
Elochoman River (46.2615, -123.2965); Indian Jack Slough (46.2371, -
123.3955); Jim Crow Creek (46.2891, -123.5553); Kelly Creek (46.3109, -
123.4797); Left Fork Skamokawa Creek (46.3331, -123.4610); Quarry Creek
(46.3292, -123.4241); Skamokawa Creek (46.3277, -123.4236); Unnamed
(46.2338, -123.3282); Unnamed (46.3293, -123.4534); West Fork Skamokawa
Creek (46.3119, -123.4889); West Valley Creek (46.2981, -123.4698);
Wilson Creek (46.3006, -123.3787).
(5) Lower Cowlitz Subbasin 17080005--(i) Jackson Prairie Watershed
1708000503. Outlet(s) = Cowlitz River (Lat 46.3678,
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Long -122.9337) upstream to endpoint(s) in: Bear Creek (46.4544, -
122.9187); Blue Creek (46.4885, -122.7253); Coon Creek (46.4272, -
122.9109); Cowlitz River (46.5033, -122.5871); Lacamas Creek (46.5564, -
122.6878); Mill Creek (46.5025, -122.8017); Salmon Creek (46.4130, -
122.8165); Skook Creek (46.4708, -122.7594); Unnamed (46.4191, -
122.8205); Unnamed (46.4205, -122.8662); Unnamed (46.4280, -122.8380);
Unnamed (46.4707, -122.7713); Unnamed (46.4885, -122.8068); Unnamed
(46.5076, -122.6675); Unnamed (46.5311, -122.8194); Unnamed (46.5432, -
122.7466).
(ii) South Fork Toutle River Watershed 1708000506. Outlet(s) = South
Fork Toutle River (Lat 46.3282, Long -122.7215) upstream to endpoint(s)
in: Johnson Creek (46.3102, -122.6444); South Fork Toutle River
(46.2817, -122.6420).
(iii) East Willapa Watershed 1708000507. Outlet(s) = Cowlitz River
(Lat 46.2660, Long -122.9154) upstream to endpoint(s) in: Arkansas Creek
(46.3032, -122.9801); Cowlitz River (46.3678, -122.9337); Delameter
Creek (46.2598, -122.9679); Hill Creek (46.3704, -122.9267); McMurphy
Creek (46.4082, -122.9520); Monahan Creek (46.2636, -122.9727); North
Fork Toutle River (46.3669, -122.5859); Olequa Creek (46.4324, -
122.9688); Unnamed (46.2606, -122.9551); Unnamed (46.2642, -122.9291);
Unnamed (46.2689, -122.9589); Unnamed (46.2880, -122.9051); Unnamed
(46.2892, -122.9626); Unnamed (46.3294, -122.9085); Unnamed (46.3371, -
122.8922); Unnamed (46.3491, -122.7052); Unnamed (46.3571, -122.7684);
Unnamed (46.3587, -122.7478); Unnamed (46.3683, -122.7503); Unnamed
(46.3814, -122.6091); Wyant Creek (46.3314, -122.6768).
(iv) Coweeman Watershed 1708000508. Outlet(s) = Cowlitz River (Lat
46.0977, Long -122.9141); Owl Creek (46.0768, -122.8679) upstream to
endpoint(s) in: Baird Creek (46.1789, -122.5822); Butler Creek (46.1491,
-122.5170); Cowlitz River (46.2660, -122.9154); Goble Creek (46.1074, -
122.7068);Leckler Creek (46.2164, -122.9325); Mulholland Creek (46.2004,
-122.6484); Nineteen Creek (46.1593, -122.6095); North Fork Goble Creek
(46.1208, -122.7691); Owl Creek (46.0914, -122.8692); Salmon Creek
(46.2547, -122.8839); Sandy Bend Creek (46.2318, -122.9143); Skipper
Creek (46.1625, -122.5915); Turner Creek (46.1167, -122.8150); Unnamed
(46.0719, -122.8607); Unnamed (46.0767, -122.8604); Unnamed (46.0897, -
122.7355); Unnamed (46.1295, -122.8993); Unnamed (46.1369, -122.8034);
Unnamed (46.1441, -122.5816); Unnamed (46.1478, -122.8649); Unnamed
(46.1516, -122.8749); Unnamed (46.1558, -122.7803); Unnamed (46.1727, -
122.7716); Unnamed (46.1753, -122.7657); Unnamed (46.1940, -122.7068);
Unnamed (46.2021, -122.6941); Unnamed (46.2416, -122.8869).
(6) Lower Columbia Subbasin 17080006--(i) Big Creek Watershed
1708000602. Outlet(s) = Big Creek (Lat 46.1848, Long -123.5943) upstream
to endpoint(s) in: Big Creek (46.1476, -123.5820); Little Creek
(46.1510, -123.6007).
(ii) Grays Bay Watershed 1708000603. Outlet(s) = Deep River (Lat
46.3035, Long -123.7092); Grays River (46.3035, -123.6867); Unnamed
(46.2419, -123.8842); Unnamed (46.3026, -123.9702) upstream to
endpoint(s) in: Alder Creek (46.4279, -123.4621); Blaney Creek (46.3957,
-123.4607); Campbell Creek (46.3435, -123.7087); Chinook River (46.2685,
-123.9233); Deep River (46.3480, -123.6865); East Fork Grays River
(46.4424, -123.4120); Fossil Creek (46.3612, -123.5217); Grays River
(46.4628, -123.4602); Johnson Creek (46.4544, -123.4732); Kessel Creek
(46.3336, -123.5850); King Creek (46.3444, -123.5774); Lassila Creek
(46.3343, -123.7108); Mitchell Creek (46.4512, -123.4269); South Fork
Grays River (46.3836, -123.4592); Thadbar Creek (46.3331, -123.6092);
Unnamed (46.2502, -123.8833); Unnamed (46.2847, -123.9402); Unnamed
(46.2901, -123.9368); Unnamed (46.3605, -123.5228); Unnamed (46.3838, -
123.5454); Unnamed (46.4328, -123.4444); West Fork Grays River (46.3942,
-123.5611).
(7) Lower Columbia River Corridor--Lower Columbia River Corridor
Outlet(s) = Columbia River (Lat 46.2485, Long -124.0782) upstream to
endpoint(s) in: Columbia River (45.5709, -122.4020).
(8) Maps of critical habitat for the Columbia River chum salmon ESU
follow:
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(o) Ozette Lake Sockeye Salmon (Oncorhynchus nerka). Critical
habitat is designated to include the areas defined in the following
subbasin:
(1) Hoh/Quillayute Subbasin 17100101--(i) Ozette Lake Watershed
1710010102. Outlet(s) = Ozette River (Lat 48.1818, Long -124.7076)
upstream to endpoints in: Big River (48.1844, -124.4987); Coal Creek
(48.1631, -124.6612); East Branch Umbrella Creek (48.1835, -124.5659);
North Fork Crooked Creek
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(48.1020, -124.5507); Ozette River (48.0370, -124.6218); South Fork
Crooked Creek (48.0897, -124.5597); Umbrella Creek (48.2127, -124.5787);
Unnamed (48.1771, -124.5967); Unnamed (48.1740, -124.6005); Unnamed
(48.1649, -124.5208).
(ii) [Reserved]
(2) A map of critical habitat for the Ozette Lake sockeye salmon ESU
follows:
[GRAPHIC] [TIFF OMITTED] TR02SE05.128
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(p) Upper Columbia River Steelhead (Oncorhynchus mykiss). Critical
habitat is designated to include the areas defined in the following
subbasins:
(1) Chief Joseph Subbasin 17020005--Upper Columbia/Swamp Creek
Watershed 1702000505. Outlet(s) = Columbia River (Lat 47.8077, Long -
119.9754) upstream to endpoint(s) in: Columbia River (48.0828, -
119.7062).
(2) Okanogan Subbasin 17020006--(i) Upper Okanogan River Watershed
1702000601. Outlet(s) = Okanogan River (Lat 48.7350, Long -119.4280)
upstream to endpoint(s) in: Antoine Creek (48.7474, -119.3655); Ninemile
Creek (48.9755, -119.3834); Okanogan River (49.0002, -119.4409);
Similkameen River (48.9345, -119.4411); Tomasket Creek (48.9502, -
119.3618); Whitestone Creek (48.7773, -119.4170).
(ii) Okanogan River/Bonaparte Creek Watershed 1702000602. Outlet(s)
= Okanogan River (Lat 48.5612, Long -119.4863) upstream to endpoint(s)
in: Aeneas Creek (48.6629, -119.4953); Bonaparte Creek (48.6824, -
119.3947); Okanogan River (48.7350, -119.4280); Tunk Creek (48.5644, -
119.4718).
(iii) Salmon Creek Watershed 1702000603. Outlet(s) = Salmon Creek
(Lat 48.3593, Long -119.5805) upstream to endpoint(s) in: Salmon Creek
(48.5374, -119.7465).
(iv) Okanogan River/Omak Creek Watershed 1702000604. Outlet(s) =
Okanogan River (Lat 48.3593, Long -119.5805) upstream to endpoint(s) in:
Okanogan River (48.5612, -119.4863); Omak Creek (48.3698, -119.4365);
Unnamed (48.3802, -119.4915).
(v) Lower Okanogan River Watershed 1702000605. Outlet(s) = Okanogan
River (Lat 48.0976, Long -119.7352) upstream to endpoint(s) in:
Chiliwist Creek (48.2643, -119.7304); Loup Loup Creek (48.3080, -
119.7128); Okanogan River (48.3593, -119.5805).
(3) Similkameen Subbasin 17020007--Lower Similkameen River Watershed
1702000704. Outlet(s) = Similkameen River (Lat 48.9345, Long -119.4411)
upstream to endpoint(s) in: Similkameen River (48.9657, -119.5009).
(4) Methow Subbasin 17020008--(i) Lost River Watershed 1702000801.
Outlet(s) = Lost River Gorge (Lat 48.6501, Long -120.5103) upstream to
endpoint(s) in: Lost River Gorge (48.7324, -120.4475).
(ii) Upper Methow River Watershed 1702000802. Outlet(s) = Methow
River (Lat 48.6015, Long -120.4376) upstream to endpoint(s) in: Early
Winters Creek (48.5889, -120.4711); Methow River (48.6597, -120.5368).
(iii) Upper Chewuch River Watershed 1702000803. Outlet(s) = Chewuch
River (Lat 48.7501, Long -120.1356) upstream to endpoint(s) in: Andrews
Creek (48.7855, -120.1087); Chewuch River (48.8614, -120.0288); Lake
Creek (48.8258, -120.1996).
(iv) Lower Chewuch River Watershed 1702000804. Outlet(s) = Chewuch
River (Lat 48.4751, Long -120.1790) upstream to endpoint(s) in: Boulder
Creek (48.5804, -120.1521); Chewuch River (48.7501, -120.1356);
Eightmile Creek (48.6167, -120.1975); Twentymile Creek (48.7025, -
120.1087).
(v) Twisp River Watershed 1702000805. Outlet(s) = Twisp River (Lat
48.3682, Long -120.1176) upstream to endpoint(s) in: Buttermilk Creek
48.3414, -120.3034); Eagle Creek (48.3579, -120.3953); Little Bridge
Creek (48.4289, -120.3552); South Creek (48.4329, -120.5434); Twisp
River (48.4545, -120.5621); War Creek (48.3626, -120.4106).
(vi) Middle Methow River Watershed 1702000806. Outlet(s) = Methow
River (Lat 48.2495, Long -120.1156) upstream to endpoint(s) in: Goat
Creek (48.6101, -120.3692); Hancock Creek (48.5338, -120.3310); Little
Boulder Creek (48.5569, -120.3847); Methow River (48.6015, -120.4376);
North Fork Beaver Creek (48.4340, -120.0228); Wolf Creek (48.4777, -
120.2844).
(vii) Lower Methow River Watershed 1702000807. Outlet(s) = Methow
River (Lat 48.0502, Long -119.8942) upstream to endpoint(s) in: Black
Canyon Creek (48.0721, -120.0168); Foggy Dew Creek (48.1869, -120.2344);
Gold Creek (48.2113, -120.2021); Libby Creek (48.2548, -120.1653);
Methow River (48.2495, -120.1156); South Fork Gold Creek (48.1468, -
120.1650).
(5) Upper Columbia/Entiat Subbasin 17020010--(i) Entiat River
Watershed 1702001001. Outlet(s) = Entiat River (Lat 47.6585, Long -
120.2194) upstream to endpoint(s) in: Entiat River (47.9855, -120.5749);
Mad River (47.8254, -120.5301); Potato Creek (47.7944, -120.3889);
Roaring Creek (47.6795, -120.4163); Stormy Creek (47.8246, -120.4125);
Tamarack
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Creek (47.6699, -120.4041); Tillicum Creek (47.7295, -120.4303).
(ii) Lake Entiat Watershed 1702001002. Outlet(s) = Columbia River
(Lat 47.3539, Long -120.1105) upstream to endpoint(s) in: Columbia River
(47.8077, -119.9754).
(iii) Columbia River/Lynch Coulee Watershed 1702001003. Outlet(s) =
Columbia River (Lat 47.0494, Long -120.0241) upstream to endpoint(s) in:
Brushy Creek (47.1316, -120.1493); Colockum Creek (47.2919, -120.1592);
Columbia River (47.3539, -120.1105); Lynch Coulee (47.2320, -119.9943);
Quilomene Creek (47.1105, -120.0379); Tarpiscan Creek (47.2264, -
120.0922); Tekison Creek (47.1816, -120.0206).
(iv) Columbia River/Sand Hollow Watershed 1702001004. Outlet(s) =
Columbia River (Lat 46.8159, Long -119.9255) upstream to endpoint(s) in:
Columbia River (47.0494, -120.0241); Sand Hollow (46.9296, -119.9365);
Whiskey Dick Creek (47.0302, -120.0331).
(6) Wenatchee Subbasin 17020011--(i) White River Watershed
1702001101. Outlet(s) = White River (Lat 47.8088, Long -120.7159)
upstream to endpoint(s) in: Little Wenatchee River (47.8526, -120.9541);
Napeequa River (47.9359, -120.8712); Panther Creek (47.9375, -120.9408);
White River (47.9535, -120.9380).
(ii) Chiwawa River Watershed 1702001102. Outlet(s) = Chiwawa River
(Lat 47.7880, Long -120.6589) upstream to endpoint(s) in: Alder Creek
(47.8565, -120.6564); Alpine Creek (48.0823, -120.8683); Buck Creek
(48.1045, -120.8815); Chikamin Creek (47.9111, -120.7165); Chiwawa River
(48.1140, -120.8775); Clear Creek (47.8016, -120.6210); James Creek
(48.0748, -120.8598); Phelps Creek (48.0743, -120.8484); Unnamed
(47.9727, -120.7878).
(iii) Nason/Tumwater Watershed 1702001103. Outlet(s) = Wenatchee
River (Lat 47.5801, Long -120.6660) upstream to endpoint(s) in: Beaver
Creek (47.7649, -120.6553); Chiwaukum Creek (47.7038, -120.7788);
Coulter Creek (47.7594, -120.7969); Gill Creek (47.7716, -120.8237);
Kahler Creek (47.7691, -120.7558); Mill Creek (47.7744, -121.0117);
Nason Creek (47.7825, -121.0464); Roaring Creek (47.7572, -120.8203);
Skinney Creek (47.7247, -120.7370).
(iv) Icicle/Chumstick Watershed 1702001104. Outlet(s) = Wenatchee
River (Lat 47.5575, Long -120.5729) upstream to endpoint(s) in:
Chumstick Creek (47.6785, -120.6385); Derby Canyon (47.6036, -120.5623);
Eagle Creek (47.6342, -120.6261); Icicle Creek (47.6460, -120.9833);
Wenatchee River (47.5801, -120.6660).
(v) Lower Wenatchee River Watershed 1702001105. Outlet(s) =
Wenatchee River (Lat 47.4553, Long -120.3185) upstream to endpoint(s)
in: Brender Creek (47.5214, -120.4844); Ingalls Creek (47.4612, -
120.6776); King Canyon (47.3522, -120.4423); Mill Creek (47.5139, -
120.6724); Mission Creek (47.3289, -120.4771); Peshastin Creek (47.4380,
-120.6590); Sand Creek (47.4321, -120.5307); Wenatchee River (47.5575, -
120.5729).
(7) Lower Crab Subbasin 17020015--Lower Crab Creek Watershed
1702001509. Outlet(s) = Lower Crab Creek (Lat 46.8159, Long -119.9255)
upstream to endpoint(s) in: Hayes Creek (46.8821, -119.2703); Lower Crab
Creek (46.9028, -119.2785); Unnamed (46.8157, -119.4326); Unnamed
(46.8243, -119.4429); Unnamed (46.8353, -119.3750); Unnamed (46.8658, -
119.3757); Unnamed (46.8770, -119.5863).
(8) Upper Columbia/Priest Rapids Subbasin 17020016--(i) Yakima
River/Hanson Creek Watershed 1702001604. Outlet(s) = Columbia River (Lat
46.7159, Long -119.5294) upstream to endpoint(s) in: Columbia River
(46.8159, -119.9255).
(ii) Middle Columbia/Priest Rapids Watershed 1702001605. Outlet(s) =
Columbia River (Lat 46.5091, Long -119.2661) upstream to endpoint(s) in:
Columbia River (46.7159, -119.5294).
(iii) Columbia River/Zintel Canyon Watershed 1702001606. Outlet(s) =
Columbia River (Lat 46.2534, Long -119.2268) upstream to endpoint(s) in:
Columbia River (46.5091, -119.2661).
(9) Columbia River Corridor--Columbia River Corridor
Outlet(s) = Columbia River (Lat 46.2485, Long -124.0782) upstream to
endpoint(s) in: Columbia River (46.2534, -119.2268).
(10) Maps of critical habitat for the Upper Columbia River Steelhead
ESU follow:
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(q) Snake River Basin Steelhead (Oncorhynchus mykiss). Critical
habitat is designated to include the areas defined in the following
subbasins:
(1) Hells Canyon Subbasin 17060101--(i) Snake River/Granite Creek
Watershed 1706010101. Outlet(s) = Snake River (Lat 45.467, Long -
116.554) upstream to endpoint(s) in: Battle Creek (45.307, -116.697);
Bernard Creek (45.387, -116.569); Brush Creek (45.275, -116.657); Bull
Creek (45.329, -116.673); Deep Creek
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(45.237, -116.674); Devils Farm Creek (45.301, -116.611); Granite Creek
(45.277, -116.630); Hells Canyon (45.254, -116.698); Lightning Creek
(45.440, -116.500); Little Granite Creek (45.335, -116.636); North Fork
Battle Creek (45.316, -116.687); Rattlesnake Creek (45.457, -116.610);
Rough Creek (45.397, -116.638); Rush Creek (45.468, -116.596); Saddle
Creek (45.375, -116.721); Sheep Creek (45.406, -116.523); Sluice Creek
(45.445, -116.622); Snake River (45.243, -116.700); Stud Creek (45.267,
-116.693); Three Creek (45.353, -116.610); Unnamed (45.468, -116.610);
Unnamed (45.4787, -116.4799); Wild Sheep Creek (45.326, -116.676).
(ii) Snake River/Getta Creek Watershed 1706010102. Outlet(s) = Snake
River (Lat 45.747, Long -116.543) upstream to endpoint(s) in: Big Canyon
Creek (45.689, -116.467); Corral Creek (45.588, -116.433); Cove Creek
(45.553, -116.574); Durham Creek (45.595, -116.472); Getta Creek
(45.736, -116.421); Highrange Creek (45.738, -116.518); Indian Creek
(45.744, -116.449); Jones Creek (45.703, -116.526); Kirby Creek (45.575,
-116.454); Kirkwood Creek (45.548, -116.457); Klopton Creek (45.627, -
116.434); Kurry Creek (45.656, -116.426); Lookout Creek (45.713, -
116.542); Lost Valley Creek (45.550, -116.482); Pleasant Valley Creek
(45.647, -116.492); Salt Creek (45.576, -116.554); SCreek (45.491, -
116.574); Snake River (45.468, -116.554); Somers Creek (45.645, -
116.553); Temperance Creek (45.537, -116.571); Tryon Creek (45.694, -
116.540); Two Corral Creek (45.561, -116.526); Unnamed (45.5817, -
116.5098); West Creek (45.664, -116.453); West Fork West Creek (45.669,
-116.463).
(iii) Snake River/Divide Creek Watershed 1706010104. Outlet(s) =
Snake River (Lat 45.857 Long -116.794) upstream to endpoint(s) in:
Divide Creek (45.859, -116.741); Dry Creek (45.842, -116.598); Snake
River (45.747, -116.543); Unnamed (45.7599, -116.6456); Wolf Creek
(45.776, -116.567).
(2) Imnaha River Subbasin 17060102--(i) Upper Imnaha River Watershed
1706010201. Outlet(s) = Imnaha River (Lat 45.232, Long -116.844)
upstream to endpoint(s) in: Crazyman Creek (45.190, -116.811); Dry Creek
(45.123, -116.867); Gumboot Creek (45.147, -116.968); Mahogany Creek
(45.201, -116.905); North Fork Dry Creek (45.143, -116.850); North Fork
Gumboot Creek (45.184, -116.928); North Fork Imnaha River (45.118, -
117.129); Skookum Creek (45.117, -116.938); South Fork Imnaha River
(45.111, -117.230); Unnamed (45.188, -116.923); Unnamed (45.208, -
116.890).
(ii) Middle Imnaha River Watershed 1706010202. Outlet(s) = Imnaha
River (Lat 45.557, Long -116.834) upstream to endpoint(s) in: Freezeout
Creek (45.352, -116.761); Grouse Creek (45.179, -116.976); Imnaha River
(45.232, -116.844); Morgan Creek (45.261, -116.948); Rich Creek (45.243,
-116.869); Road Creek (45.279, -116.932); Shadow Canyon (45.295, -
116.860); Summit Creek (45.228, -116.793); Unnamed (45.203, -116.978);
Unnamed (45.203, -116.943); Unnamed (45.250, -116.923).
(iii) Big Sheep Creek Watershed 1706010203. Outlet(s) = Big Sheep
Creek (Lat 45.520, Long -116.859) upstream to endpoint(s) in: Big Sheep
Creek (45.171, -117.086); Carrol Creek (45.240, -117.063); Griffith
Creek (45.273, -117.061); Lick Creek (45.133, -117.056); Marr Creek
(45.299, -116.949); North Fork Carrol Creek (45.295, -116.993); South
Fork Squaw Creek (45.354, -116.872); Tyee Creek (45.188, -116.991);
Unnamed (45.164, -117.023); Unnamed (45.239, -117.045); Unnamed (45.297,
-116.940).
(iv) Little Sheep Creek Watershed 1706010204. Outlet(s) = Big Sheep
Creek (Lat 45.557, Long -116.834) upstream to endpoint(s) in: Bear Gulch
(45.379, -116.955); Big Sheep Creek (45.520, -116.859); Camp Creek
(45.544, -116.959); Canal Creek (45.256, -117.103); Devils Gulch
(45.428, -116.962); Downey Gulch (45.405, -116.958); Ferguson Creek
(45.267, -117.106); Lightning Creek (45.475, -117.020); Little Sheep
Creek (45.236, -117.083); McCully Creek (45.295, -117.107); Redmont
Creek (45.250, -117.099); South Fork Lightning Creek (45.473, -117.019);
Summit Creek (45.390, -116.930); Threebuck Creek (45.395, -117.012);
Trail Creek (45.563, -116.898).
(v) Lower Imnaha River Watershed 1706010205. Outlet(s) = Imnaha
River (Lat 45.817, Long -116.764) upstream to endpoint(s) in: Corral
Creek (45.708, -116.815); Cottonwood Creek (45.659, -116.865); Cow Creek
(45.573, -116.628); Dodson Fork (45.725, -116.821); East Fork Fence
Creek (45.652, -116.855); Fence Creek (45.655, -116.875); Horse Creek
(45.421, -116.725); Imnaha River (45.557, -116.834); Lightning Creek
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(45.447, -116.682); Prong (45.589, -116.592); Pumpkin Creek (45.517, -
116.758); Sleepy Creek (45.604, -116.666); Stubblefield Fork (45.711, -
116.815); Tulley Creek (45.743, -116.766).
(3) Lower Snake/Asotin Subbasin 17060103--(i) Snake River/Rogersburg
Watershed 1706010301. Outlet(s) = Snake River (Lat 46.080, Long -
116.978) upstream to endpoint(s) in: Cache Creek (45.976, -116.928);
Cave Gulch (46.023, -116.840); Cook Creek (45.901, -116.865); Corral
Creek (46.055, -116.875); Cottonwood Creek (45.944, -116.860); Garden
Creek (45.972, -116.903); Snake River (45.857, -116.794).
(ii) Asotin River Watershed 1706010302. Outlet(s) = Asotin Creek
(Lat 46.345, Long -117.053) upstream to endpoint(s) in: Ayers Gulch
(46.278, -117.094); Charley Creek (46.271, -117.460); Coombs Canyon
(46.128, -117.276); George Creek (46.144, -117.303); Hefflefinger Gulch
(46.151, -117.231); Huber Gulch (46.155, -117.188); Kelly Creek (46.251,
-117.114); Lick Creek (46.260, -117.358); Middle Branch North Fork
Asotin Creek (46.195, -117.439); Nims Gulch (46.178, -117.121); North
Fork Asotin Creek (46.207, -117.478); Pintler Creek (46.194, -117.153);
South Fork Asotin Creek (46.174, -117.341); South Fork North Fork Asotin
Creek (46.192, -117.425).
(iii) Snake River/Captain John Creek Watershed 1706010303. Outlet(s)
= Snake River (Lat 46.428, Long -117.038) upstream to endpoint(s) in:
Captain John Creek (46.145, -116.821); Couse Creek (46.157, -117.032);
Edeburn Gulch (46.142, -117.008); Mill Creek (46.157, -117.078); Redbird
Creek (46.220, -116.898); Snake River (46.080, -116.978); South Fork
Captain John Creek (46.123, -116.864); Tammany Creek (46.362, -117.052);
Tenmile Canyon (46.284, -116.976); Tenmile Creek (46.123, -117.086);
Unnamed (46.119, -117.100); Unnamed (46.124, -117.111).
(4) Upper Grande Ronde River Subbasin 17060104--(i) Upper Grande
Ronde River Watershed 1706010401. Outlet(s) = Grande Ronde River (Lat
45.264, Long -118.376) upstream to endpoint(s) in: Chicken Creek
(44.987, -118.378); Clear Creek (45.014, -118.329); Dry Creek (45.052, -
118.380); East Fork Grande Ronde River (45.060, -118.237); East Sheep
Creek (44.987, -118.425); Fly Creek (45.125, -118.596); Grande Ronde
River (44.998, -118.273); Limber Jim Creek (45.107, -118.270); Little
Clear Creek (45.038, -118.300); Little Fly Creek (45.062, -118.504);
Lookout Creek (45.065, -118.543); Muir Creek (45.066, -118.297); North
Fork Limber Jim Creek (45.125, -118.308); Sheep Creek (45.016, -
118.507); South Fork Limber Jim Creek (45.088, -118.304); Squaw Creek
(45.103, -118.554); Umapine Creek (45.116, -118.571); Unnamed (45.042, -
118.269); Unnamed (45.045, -118.417); West Chicken Creek (45.025, -
118.404); Winter Canyon (45.215, -118.361).
(ii) Meadow Creek Watershed 1706010402. Outlet(s) = Meadow Creek
(Lat 45.264, Long -118.376) upstream to endpoint(s) in: Battle Creek
(45.216, -118.507); Bear Creek (45.210, -118.577); Burnt Corral Creek
(45.159, -118.524); Dark Canyon (45.382, -118.394); East Burnt Corral
Creek (45.173, -118.498); Ensign Creek (45.361, -118.554); Little Dark
Canyon (45.322, -118.418); Marley Creek (45.177, -118.476); McCoy Creek
(45.322, -118.628); McIntyre Creek (45.345, -118.459); Meadow Creek
(45.286, -118.716); Peet Creek (45.233, -118.611); Smith Creek (45.295,
-118.594); Sullivan Gulch (45.200, -118.515); Syrup Creek (45.296, -
118.543); Tybow Canyon (45.214, -118.467); Unnamed (45.206, -118.552);
Unnamed (45.275, -118.695); Unnamed (45.295, -118.718); Unnamed (45.330,
-118.551); Waucup Creek (45.243, -118.660).
(iii) Grande Ronde River/Beaver Creek Watershed 1706010403.
Outlet(s) = Grande Ronde River (Lat 45.347, Long -118.221) upstream to
endpoint(s) in: Bear Creek (45.283, -118.270); Beaver Creek (45.146, -
118.206); Dry Beaver Creek (45.168, -118.316); East Fork Rock Creek
(45.166, -118.111); Grande Ronde River (45.264, -118.376); Graves Creek
(45.245, -118.161); Hoodoo Creek (45.154, -118.259); Jordan Creek
(45.162, -118.187); Little Beaver Creek (45.185, -118.333); Little
Whiskey Creek (45.209, -118.178); Rock Creek (45.172, -118.139); Sheep
Creek (45.281, -118.130); South Fork Spring Creek (45.346, -118.363);
Spring Creek (45.396, -118.372); Unnamed (45.167, -118.144); Unnamed
(45.227, -118.262); Unnamed (45.231, -118.279); Unnamed (45.232, -
118.091); Unnamed (45.240, -118.257); Watermelon Creek (45.195, -
118.277); Whiskey Creek (45.198, -118.181).
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(iv) Grande Ronde River/Five Points Creek Watershed 1706010404.
Outlet(s) = Grande Ronde River (Lat 45.408, Long -117.930) upstream to
endpoint(s) in: California Gulch (45.406, -118.335); Conley Creek
(45.406, -118.084); Dobbin Ditch (45.377, -118.017); Dry Creek (45.426,
-118.379); Fiddlers Hell (45.443, -118.145); Five Points Creek (45.482,
-118.143); Grande Ronde River (45.347, -118.221); Little John Day Creek
(45.430, -118.192); Middle Fork Five Points Creek (45.485, -118.129); Mt
Emily Creek (45.465, -118.125); Pelican Creek (45.438, -118.318); Tie
Creek (45.420, -118.129); Unnamed (45.385, -118.043); Unnamed (45.423, -
118.243).
(v) Catherine Creek Watershed 1706010405. Outlet(s) = Catherine
Creek (Lat 45.219, Long -117.915) upstream to endpoint(s) in: Buck Creek
(45.132, -117.606); Camp Creek (45.100, -117.596); Collins Creek
(45.100, -117.531); Corral Creek (45.113, -117.575); Little Catherine
Creek (45.148, -117.716); Middle Fork Catherine Creek (45.155, -
117.567); Milk Creek (45.092, -117.717); North Fork Catherine Creek
(45.221, -117.610); Pole Creek (45.123, -117.544); Prong Creek (45.096,
-117.565); SPass Creek (45.115, -117.528); Scout Creek (45.105, -
117.644); South Fork Catherine Creek (45.116, -117.503); Unnamed
(45.104, -117.685).
(vi) Ladd Creek Watershed 1706010406. Outlet(s) = Ladd Creek (Lat
45.282, Long -117.936) upstream to endpoint(s) in: Catherine Creek
(45.219, -117.915); Ladd Creek (45.215, -118.024); Little Creek (45.210,
-117.784); Mill Creek (45.263, -118.083); Unnamed (45.259, -118.039).
(vii) Grande Ronde River/Mill Creek Watershed 1706010407. Outlet(s)
= Grande Ronde River (Lat 45.408, Long -117.930) upstream to endpoint(s)
in: Catherine Creek (45.282, -117.936); McAlister Slough (45.315, -
117.973); Mill Creek (45.278, -117.728); Unnamed (45.297, -117.806).
(viii) Phillips Creek/Willow Creek Watershed 1706010408. Outlet(s) =
Willow Creek (Lat 45.492, Long -117.931) upstream to endpoint(s) in: Dry
Creek (45.640, -118.114); End Creek (45.4622, -118.0316); Finley Creek
(45.625, -118.099); Fir Creek (45.5171, -118.0568); Little Dry Creek
(45.5348, -118.0393); McDonald Creek (45.5348, -118.0393); Mill Creek
(45.568, -118.025); Slide Creek (45.422, -118.028); Smith Creek
(45.5256, -118.0537); Unnamed (45.525, -118.014).
(ix) Grande Ronde River/Indian Creek Watershed 1706010409. Outlet(s)
= Grande Ronde River (Lat 45.560, Long -117.910) upstream to endpoint(s)
in: Camp Creek (45.386, -117.720); Clark Creek (45.409, -117.728); East
Fork Indian Creek (45.363, -117.737); Grande Ronde River (45.408, -
117.930); Indian Creek (45.332, -117.717); Little Indian Creek (45.375,
-117.785); Middle Fork Clark Creek (45.462, -117.764); North Fork Clark
Creek (45.502, -117.733); North Fork Indian Creek (45.419, -117.787);
Unnamed (45.375, -117.739); Unnamed (45.476, -117.757).
(x) Lookingglass Creek Watershed 1706010410. Outlet(s) =
Lookingglass Creek (Lat 45.707, Long -117.841) upstream to endpoint(s)
in: Buzzard Creek (45.845, -117.939); Eagle Creek (45.723, -118.005);
Jarboe Creek (45.776, -117.855); Little Lookingglass Creek (45.848, -
117.901); Lookingglass Creek (45.777, -118.070); Mottet Creek (45.827, -
117.958); Unnamed (45.835, -117.869); Unnamed (45.844, -117.893).
(xi) Grande Ronde River/Cabin Creek Watershed 1706010411. Outlet(s)
= Grande Ronde River (Lat 45.726, Long -117.784) upstream to endpoint(s)
in: Buck Creek (45.662, -117.919); Duncan Canyon (45.654, -117.776);
East Phillips Creek (45.669, -118.066); Gordon Creek (45.665, -118.001);
Grande Ronde River (45.560, -117.910); Little Phillips Creek (45.668, -
118.036); North Fork Cabin Creek (45.721, -117.929); Pedro Creek
(45.676, -118.051); Phillips Creek (45.666, -118.089); Rysdam Canyon
(45.633, -117.812); South Fork Cabin Creek (45.698, -117.963); Unnamed
(45.661, -117.930); Unnamed (45.672, -117.941); Unnamed (45.682, -
117.974); Unnamed (45.695, -117.927); Unnamed (45.707, -117.916).
(5) Wallowa River Subbasin 17060105--(i) Upper Wallowa River
Watershed 1706010501. Outlet(s) = Wallowa River (Lat 45.427, Long -
117.310) upstream to endpoint(s) in: Hurricane Creek (45.337, -117.291);
Little Hurricane Creek (45.407, -117.276); Prairie Creek (45.394, -
117.189); Spring Creek (45.406, -117.287); Trout Creek (45.455, -
117.281); Unnamed (45.387, -117.215); Unnamed (45.392, -117.214);
Unnamed (45.411, -117.264); Unnamed (45.412, -117.156); Unnamed
[[Page 387]]
(45.424, -117.313); Wallowa River (45.335, -117.222).
(ii) Lostine River Watershed 1706010502. Outlet(s) = Lostine River
(Lat 45.552, Long -117.489) upstream to endpoint(s) in: Lostine River
(45.245, -117.375); Silver Creek (45.394, -117.420).
(iii) Middle Wallowa River Watershed 1706010503. Outlet(s) = Wallowa
River (Lat 45.584, Long -117.540) upstream to endpoint(s) in: Middle
Fork Whisky Creek (45.590, -117.342); North Fork Whisky Creek (45.614, -
117.331); Parsnip Creek (45.533, -117.419); South Fork Whisky Creek
(45.590, -117.413); Straight Whisky Creek (45.622, -117.396); Wallowa
River (45.427, -117.310); Whisky Creek (45.608, -117.397).
(iv) Bear Creek Watershed 1706010504. Outlet(s) = Bear Creek (Lat
45.584, Long -117.540) upstream to endpoint(s) in: Bear Creek (45.347, -
117.500); Doc Creek (45.449, -117.572); Fox Creek (45.447, -117.562);
Goat Creek (45.413, -117.519); Little Bear Creek (45.456, -117.500).
(v) Minam River Watershed 1706010505. Outlet(s) = Minam River (Lat
45.621, Long -117.720) upstream to endpoint(s) in: Cougar Creek (45.517,
-117.672); Elk Creek (45.157, -117.480); Little Minam River (45.338, -
117.643); Minam River (45.149, -117.392); Murphy Creek (45.414, -
117.644); North Minam River (45.275, -117.520); Patrick Creek (45.426, -
117.645); Squaw Creek (45.576, -117.706); Trout Creek (45.471, -
117.652).
(vi) Lower Wallowa River Watershed 1706010506. Outlet(s) = Wallowa
River (Lat 45.726, Long -117.784) upstream to endpoint(s) in: Deer Creek
(45.452, -117.606); Dry Creek (45.650, -117.439); Fisher Creek (45.666,
-117.750); Howard Creek (45.735, -117.695); Reagin Gulch (45.670, -
117.559); Rock Creek (45.679, -117.620); Sage Creek (45.486, -117.590);
Tamarack Canyon (45.656, -117.518); Unnamed (45.618, -117.629); Unnamed
(45.654, -117.442); Unnamed (45.678, -117.556); Wallowa River (45.584, -
117.540); Water Canyon (45.589, -117.614); Wise Creek (45.671, -
117.705).
(6) Lower Grande Ronde Subbasin 17060106--(i) Grande Ronde River/
Rondowa Watershed 1706010601. Outlet(s) = Grande Ronde River (Lat
45.896, Long -117.493) upstream to endpoint(s) in: Alder Creek (45.844,
-117.750); Bear Creek (45.885, -117.752); Clear Creek (45.775, -
117.714); Deep Creek (45.817, -117.651); East Grossman Creek (45.819, -
117.625); Elbow Creek (45.927, -117.630); Grande Ronde River (45.726, -
117.784); Grossman Creek (45.732, -117.614); Meadow Creek (45.825, -
117.760); Sheep Creek (45.756, -117.797); Sickfoot Creek (45.842, -
117.567); Unnamed (45.746, -117.656).
(ii) Grande Ronde River/Mud Creek Watershed 1706010602. Outlet(s) =
Grande Ronde River (Lat 45.946, Long -117.450) upstream to endpoint(s)
in: Bishop Creek (45.747, -117.555); Bobcat Creek (45.853, -117.370);
Buck Creek (45.758, -117.298); Burnt Creek (45.769, -117.283); Courtney
Creek (45.857, -117.314); Grande Ronde River (45.896, -117.493); Little
Courtney Canyon (45.903, -117.385); McAllister Creek (45.683, -117.361);
McCubbin Creek (45.700, -117.294); Mud Creek (45.633, -117.291); Unnamed
(45.867, -117.329); Shamrock Creek (45.828, -117.335); Simmons Draw
(45.730, -117.514); Sled Creek (45.730, -117.278); Teepee Creek (45.694,
-117.349); Tope Creek (45.634, -117.330); Unnamed (45.710, -117.283);
Unnamed (45.856, -117.312); Wallupa Creek (45.765, -117.528); Wildcat
Creek (45.732, -117.489).
(iii) Wenaha River Watershed 1706010603. Outlet(s) = Wenaha River
(Lat 45.946, Long -117.450) upstream to endpoint(s) in: Beaver Creek
(46.002, -117.815); Crooked Creek (46.046, -117.624); First Creek
(46.071, -117.519); Melton Creek (46.060, -117.566); Milk Creek (45.973,
-117.902); North Fork Wenaha River (46.064, -117.912); Rock Creek
(45.999, -117.766); Second Creek (46.065, -117.595); Slick Ear Creek
(45.983, -117.784); South Fork Wenaha River (45.872, -117.897); Third
Creek (46.089, -117.627); Weller Creek (45.989, -117.648); West Fork
Butte Creek (46.064, -117.759).
(iv) Chesnimnus Creek Watershed 1706010604. Outlet(s) = Chesnimnus
Creek (Lat 45.715, Long -117.155) upstream to endpoint(s) in: Alder
Creek (45.702, -116.997); Billy Creek (45.815, -117.032); Butte Creek
(45.641, -117.096); Chesnimnus Creek (45.718, -116.906); Deadman Gulch
(45.659, -117.049); Devils Run Creek (45.775, -116.882); Doe Creek
(45.751, -117.029); Dry Salmon Creek (45.663, -117.051); East Fork
Peavine Creek (45.830, -117.061); Gooseberry
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Creek (45.681, -117.110); McCarty Gulch (45.749, -117.064); Peavine
Creek (45.795, -117.084); Pine Creek (45.673, -117.029); Poison Creek
(45.791, -116.979); Salmon Creek (45.662, -117.038); South Fork
Chesnimnus Creek (45.743, -116.861); Sterling Gulch (45.712, -117.000);
Summit Creek (45.794, -116.947); Telephone Gulch (45.767, -117.076); TNT
Gulch (45.754, -116.919); Unnamed (45.694, -117.013); Unnamed (45.709, -
116.878); Unnamed (45.724, -116.867); Unnamed (45.742, -117.090);
Unnamed (45.825, -117.004); Unnamed (45.838, -117.009); Unnamed (45.846,
-117.029); West Fork Peavine Creek (45.805, -117.100).
(v) Upper Joseph Creek Watershed 1706010605. Outlet(s) = Joseph
Creek (Lat 45.823, Long -117.231) upstream to endpoint(s) in: Alford
Gulch (45.729, -117.165); Cougar Creek (45.806, -117.150); Crow Creek
(45.536, -117.115); Davis Creek (45.658, -117.257); Elk Creek (45.598, -
117.167); Gould Gulch (45.657, -117.181); Little Elk Creek (45.694, -
117.199); Sumac Creek (45.753, -117.148); Swamp Creek (45.543, -
117.218); Unnamed (45.597, -117.141).
(vi) Lower Joseph Creek Watershed 1706010606. Outlet(s) = Joseph
Creek (Lat 46.053, Long -117.005) upstream to endpoint(s) in: Basin
Creek (45.910, -117.057); Broady Creek (45.882, -117.076); Cottonwood
Creek (45.832, -116.950); Horse Creek (45.945, -116.962); Joseph Creek
(45.823, -117.231); Peavine Creek (45.879, -117.162); Rush Creek
(45.899, -117.150); Tamarack Creek (45.964, -117.127); Unnamed (45.826,
-116.957); West Fork Broady Creek (45.862, -117.102).
(vii) Lower Grande Ronde River/Menatchee Creek Watershed 1706010607.
Outlet(s) = Grande Ronde River (Lat 46.080, Long -116.978) upstream to
endpoint(s) in: Bear Creek (45.973, -117.455); Buford Creek (45.975, -
117.276); Cottonwood Creek (46.071, -117.301); Cougar Creek (46.049, -
117.327); Deer Creek (45.992, -117.191); East Bear Creek (45.960, -
117.307); Grande Ronde River (45.946, -117.450); Grouse Creek (46.031, -
117.460); Menatchee Creek (46.018, -117.371); Rattlesnake Creek (46.079,
-117.204); Shumaker Creek (46.049, -117.117); West Bear Creek (45.951, -
117.337); West Branch Rattlesnake Creek (46.086, -117.258).
(7) Lower Snake/Tucannon Subbasin 17060107--(i) Alpowa Creek
Watershed 1706010701. Outlet(s) = Alpowa Creek (Lat 46.422, Long -
117.203) upstream to endpoint(s) in: Kidwell Gulch (46.338, -117.480);
Page Creek (46.402, -117.210); Pow Wah Kee Creek (46.389, -117.288).
(ii) Snake River/Steptoe Canyon Watershed 1706010702. Outlet(s) =
Snake River (Lat 46.660, Long -117.433) upstream to endpoint(s) in:
Offield Canyon (46.648, -117.420); Snake River (46.428, -117.038);
Steptoe Canyon (46.455, -117.192); Truax Canyon (46.565, -117.348);
Wawawai Canyon (46.636, -117.375).
(iii) Deadman Creek Watershed 1706010703. Outlet(s) = Deadman Creek
(Lat 46.626, Long -117.799) upstream to endpoint(s) in: Deadman Gulch
(46.574, -117.565); Lynn Gulch (46.628, -117.597); North Deadman Creek
(46.578, -117.457); North Meadow Creek (46.517, -117.489); South Meadow
Creek (46.507, -117.508).
(iv) Upper Tucannon River Watershed 1706010706. Outlet(s) = Tucannon
River (Lat 46.509, Long -117.995) upstream to endpoint(s) in: Cummings
Creek (46.235, -117.610); Little Tucannon River (46.221, -117.758);
Meadow Creek (46.163, -117.728); Panjab Creek (46.171, -117.709); Sheep
Creek (46.196, -117.623); Tucannon River (46.168, -117.559); Tumalum
Creek (46.315, -117.585).
(v) Lower Tucannon River Watershed 1706010707. Outlet(s) = Tucannon
River (Lat 46.558, Long -118.174) upstream to endpoint(s) in: Kellogg
Creek (46.430, -118.067); Smith Hollow (46.463, -118.017); Tucannon
River (46.509, -117.995).
(vi) Snake River/Penawawa Creek Watershed 1706010708. Outlet(s) =
Snake River (Lat 46.589, Long -118.215) upstream to endpoint(s) in:
Almota Creek (46.706, -117.363); Little Almota Creek (46.715, -117.465);
Penawawa Creek (46.728, -117.625); Snake River (46.660, -117.433);
Unnamed (46.698, -117.381).
(8) Upper Salmon Subbasin 17060201--(i) Salmon River/Challis
Watershed 1706020101. Outlet(s) = Salmon River (Lat 44.692, Long -
114.049) upstream to endpoint(s) in: Challis Creek (44.563, -114.246);
Salmon River (44.470, -114.192).
(ii) Salmon River/Bayhorse Creek Watershed 1706020104. Outlet(s) =
Salmon River (Lat 44.470, Long -114.192) upstream to endpoint(s) in:
Bayhorse Creek (44.395, -114.308); Salmon River (44.268, -114.326).
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(iii) East Fork Salmon River/McDonald Creek Watershed 1706020105.
Outlet(s) = East Fork Salmon River (Lat 44.268, Long -114.326) upstream
to endpoint(s) in: Big Lake Creek (44.165, -114.394); East Fork Salmon
River (44.147, -114.378); McDonald Creek (44.091, -114.318); Pine Creek
(44.136, -114.367).
(iv) Herd Creek Watershed 1706020108. Outlet(s) = Herd Creek (Lat
44.154, Long -114.300) upstream to endpoint(s) in: East Fork Herd Creek
(44.037, -114.203); East Pass Creek (44.009, -114.369); Lake Creek
(44.103, -114.194); Taylor Creek (44.067, -114.317); West Fork Herd
Creek (44.032, -114.248).
(v) East Fork Salmon River/Big Boulder Creek Watershed 1706020109.
Outlet(s) = East Fork Salmon River (Lat 44.147, Long -114.378) upstream
to endpoint(s) in: Big Boulder Creek (44.131, -114.518); East Fork
Salmon River (44.039, -114.461); Little Boulder Creek (44.065, -
114.542).
(vi) Upper East Fork Salmon River Watershed 1706020110. Outlet(s) =
East Fork Salmon River (Lat 44.039, Long -114.461) upstream to
endpoint(s) in: Bowery Creek (44.0316, -114.4587); South Fork East Fork
Salmon River (43.902, -114.562); West Fork East Fork Salmon River
(43.929, -114.575); West Pass Creek (43.922, -114.446).
(vii) Germania Creek Watershed 1706020111. Outlet(s) = Germania
Creek (Lat 44.039, Long -114.461) upstream to endpoint(s) in: Germania
Creek (44.003, -114.532).
(viii) Salmon River/Kinnikinic Creek Watershed 1706020112. Outlet(s)
= Salmon River (Lat 44.268, Long -114.326) upstream to endpoint(s) in:
Kinnikinic Creek (44.2667, -144.4026); Salmon River (44.249, -114.454).
(ix) Salmon River/Slate Creek Watershed 1706020113. Outlet(s) =
Salmon River (Lat 44.249, Long -114.454) upstream to endpoint(s) in:
Holman Creek (44.250, -114.529); Salmon River (44.254, -114.675); Silver
Rule Creek (44.198, -114.588); Slate Creek (44.168, -114.626); Thompson
Creek (44.318, -114.588).
(x) Warm Springs Creek Watershed 1706020114. Outlet(s) = Warm
Springs Creek (Lat 44.254, Long -114.675) upstream to endpoint(s) in:
Warm Springs Creek (44.151, -114.718).
(xi) Salmon River/Big Casino Creek Watershed 1706020115. Outlet(s) =
Salmon River (Lat 44.254, Long -114.675) upstream to endpoint(s) in: Big
Casino Creek (44.216, -114.830); Little Casino Creek (44.224, -114.861);
Lower Harden Creek (44.274, -114.778); Nip Tuck Creek (44.234, -
114.929); Salmon River (44.169, -114.898); Upper Harden Creek (44.272, -
114.791).
(xii) Salmon River/Fisher Creek Watershed 1706020117. Outlet(s) =
Salmon River (Lat 44.169, Long -114.898) upstream to endpoint(s) in:
Decker Creek (44.072, -114.879); Gold Creek (44.114, -114.846);
Huckleberry Creek (44.061, -114.875); Salmon River (44.032, -114.836);
Williams Creek (44.096, -114.852).
(xiii) Salmon River/Fourth of July Creek Watershed 1706020118.
Outlet(s) = Salmon River (Lat 44.032, Long -114.836) upstream to
endpoint(s) in: Champion Creek (44.019, -114.825); Fourth of July Creek
(44.035, -114.784); Hell Roaring Creek (44.0268, -114.9252); Salmon
River (44.004, -114.836); Unnamed (44.017, -114.879).
(xiv) Upper Salmon River Watershed 1706020119. Outlet(s) = Salmon
River (Lat 44.004, Long -114.836) upstream to endpoint(s) in: Beaver
Creek (43.919, -114.813); Camp Creek (43.876, -114.738); Frenchman Creek
(43.822, -114.792); Pole Creek (43.940, -114.686); Salmon River (43.837,
-114.759); Smiley Creek (43.829, -114.823); Twin Creek (43.935, -
114.723); Unnamed (43.843, -114.742); Unnamed (43.990, -114.803).
(xv) Alturas Lake Creek Watershed 1706020120. Outlet(s) = Alturas
Lake Creek (Lat 44.004, Long -114.836) upstream to endpoint(s) in:
Alpine Creek (43.905, -114.923); Alturas Lake Creek (43.895, -114.910);
Cabin Creek (43.937, -114.856); Pettit Lake Creek (43.961, -114.916);
Unnamed (43.952, -114.858); Vat Creek (43.967, -114.871); Yellowbelly
Creek (43.995, -114.847).
(xvi) Redfish Lake Creek Watershed 1706020121. Outlet(s) = Redfish
Lake Creek (Lat 44.169, Long -114.898) upstream to endpoint(s) in:
Fishhook Creek (44.137, -114.966); Redfish Lake Creek (44.097, -
114.959).
(xvii) Valley Creek/Iron Creek Watershed 1706020122. Outlet(s) =
Valley Creek (Lat 44.225, Long -114.927) upstream to endpoint(s) in:
Crooked Creek (44.214, -115.034); Goat Creek (44.179, -115.008); Iron
Creek (44.191, -115.025); Job Creek (44.242, -115.027);
[[Page 390]]
Meadow Creek (44.190, -114.961); Park Creek (44.281, -115.036); Stanley
Creek (44.276, -114.938); Valley Creek (44.291, -115.018).
(xviii) Upper Valley Creek Watershed 1706020123. Outlet(s) = Valley
Creek (Lat 44.291, Long -115.018); Stanley Lake Creek (44.2535, -
115.0040) upstream to endpoint(s) in: East Fork Valley Creek (44.347, -
114.999); Elk Creek (44.227, -115.145); Hanna Creek (44.314, -115.041);
Meadow Creek (44.291, -115.119); Stanley Lake Creek (44.248, -115.045);
Trap Creek (44.311, -115.121); Valley Creek (44.392, -114.980).
(xix) Basin Creek Watershed 1706020124. Outlet(s) = Basin Creek (Lat
44.264, Long -114.817) upstream to endpoint(s) in: Basin Creek (44.361,
-114.902); East Basin Creek (44.314, -114.823).
(xx) Yankee Fork/Jordan Creek Watershed 1706020125. Outlet(s) =
Yankee Fork (Lat 44.270, Long -114.734) upstream to endpoint(s) in:
Eightmile Creek (44.448, -114.639); Fivemile Creek (44.355, -114.615);
Jordan Creek (44.457, -114.752); Ramey Creek (44.355, -114.641);
Sevenmile Creek (44.423, -114.608); Sixmile Creek (44.394, -114.585);
Yankee Fork (44.426, -114.619).
(xxi) West Fork Yankee Fork Watershed 1706020126. Outlet(s) = West
Fork Yankee Fork (Lat 44.351, Long -114.727) upstream to endpoint(s) in:
Cabin Creek (44.428, -114.881); Deadwood Creek (44.356, -114.834);
Lightning Creek (44.466, -114.787); Sawmill Creek (44.341, -114.765);
West Fork Yankee Fork (44.386, -114.919).
(xxii) Upper Yankee Fork Watershed 1706020127. Outlet(s) = Yankee
Fork (Lat 44.426, Long -114.619) upstream to endpoint(s) in: Elevenmile
Creek (44.436, -114.544); McKay Creek (44.475, -114.491); Ninemile Creek
(44.439, -114.590); Tenmile Creek (44.484, -114.646); Twelvemile Creek
(44.497, -114.614); Yankee Fork (44.510, -114.588).
(xxiii) Squaw Creek Watershed 1706020128. Outlet(s) = Squaw Creek
(Lat 44.249, Long -114.454) upstream to endpoint(s) in: Cash Creek
(44.353, -114.473); Cinnabar Creek (44.359, -114.503); Squaw Creek
(44.420, -114.489).
(xxiv) Garden Creek Watershed 1706020129. Outlet(s) = Garden Creek
(Lat 44.511, Long -114.203) upstream to endpoint(s) in: Garden Creek
(44.468, -114.325).
(xxv) Challis Creek/Mill Creek Watershed 1706020130. Outlet(s) =
Challis Creek (Lat 44.563, Long -114.246) upstream to endpoint(s) in:
Challis Creek (44.573, -114.309); Darling Creek (44.572, -114.252).
(xxvi) Morgan Creek Watershed 1706020132. Outlet(s) = Morgan Creek
(Lat 44.612, Long -114.168) upstream to endpoint(s) in: Blowfly Creek
(44.714, -114.326); Corral Creek (44.8045, -114.2239); Lick Creek
(44.7371, -114.2948); Morgan Creek (44.8029, -114.2561); Van Horn Creek
(44.7614, -114.2680); West Fork Morgan Creek (44.710, -114.335).
(9) Pahsimeroi Subbasin 17060202--(i) Lower Pahsimeroi River
Watershed 1706020201. Outlet(s) = Pahsimeroi River (Lat 44.692, Long -
114.049) upstream to endpoint(s) in: Pahsimeroi River (44.559, -
113.900); Patterson Creek (44.561, -113.897).
(ii) Paterson Creek Watershed 1706020203. Outlet(s) = Patterson
Creek (Lat 44.534, Long -113.837) upstream to endpoint(s) in: Patterson
Creek (44.566, -113.670).
(10) Middle Salmon-Panther Subbasin 17060203--(i) Salmon River/
Colson Creek Watershed 1706020301. Outlet(s) = Salmon River (Lat 45.297,
Long -114.591) upstream to endpoint(s) in: Colson Creek (45.307, -
114.531); Owl Creek (45.340, -114.462); Salmon River (45.316, -114.405).
(ii) Owl Creek Watershed 1706020302. Outlet(s) = Owl Creek (Lat
45.340, Long -114.462) upstream to endpoint(s) in: East Fork Owl Creek
(45.367, -114.430); Owl Creek (45.382, -114.469).
(iii) Salmon River/Pine Creek Watershed 1706020303. Outlet(s) =
Salmon River (Lat 45.316, Long -114.405) upstream to endpoint(s) in:
Boulder Creek (45.385, -114.297); Pine Creek (45.307, -114.186); Salmon
River (45.399, -114.168); Spring Creek (45.421, -114.278); Squaw Creek
(45.449, -114.215).
(iv) Indian Creek Watershed 1706020304. Outlet(s) = Indian Creek
(Lat 45.400, Long -114.167) upstream to endpoint(s) in: Indian Creek
(45.523, -114.151); McConn Creek (45.519, -114.185); West Fork Indian
Creek (45.481, -114.168).
(v) Salmon River/Moose Creek Watershed 1706020305. Outlet(s) =
Salmon River (Lat 45.399, Long -114.168) upstream to endpoint(s) in:
Dump Creek (45.369, -114.035); Fourth of July Creek
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(45.417, -113.857); Little Fourth of July Creek (45.396, -113.912);
Moose Creek (45.346, -114.080); Salmon River (45.320, -113.909);
Wagonhammer Creek (45.395, -113.945).
(vi) North Fork Salmon River Watershed 1706020306. Outlet(s) = North
Fork Salmon River (Lat 45.405, Long -113.994) upstream to endpoint(s)
in: Anderson Creek (45.577, -113.918); Dahlonega Creek (45.559, -
113.845); Ditch Creek (45.534, -113.994); Hughes Creek (45.541, -
114.069); Hull Creek (45.471, -114.016); Moose Creek (45.674, -113.951);
Pierce Creek (45.640, -113.937); Sheep Creek (45.502, -113.889); Smithy
Creek (45.575, -113.889); Threemile Creek (45.577, -113.866); Twin Creek
(45.591, -114.081).
(vii) Salmon River/Tower Creek Watershed 1706020307. Outlet(s) =
Salmon River (Lat 45.320, Long -113.909) upstream to endpoint(s) in:
Salmon River (45.250, -113.899); Tower Creek (45.367, -113.857); Wallace
Creek (45.2645, -113.9035).
(viii) Carmen Creek Watershed 1706020308. Outlet(s) = Carmen Creek
(Lat 45.250, Long -113.899) upstream to endpoint(s) in: Carmen Creek
(45.316, -113.800); Freeman Creek (45.269, -113.752).
(ix) Salmon River/Jesse Creek Watershed 1706020309. Outlet(s) =
Salmon River (Lat 45.250, Long -113.899) upstream to endpoint(s) in:
Salmon River (45.109, -113.901); Unnamed (45.180, -113.930).
(x) Salmon River/Williams Creek Watershed 1706020310. Outlet(s) =
Salmon River (Lat 45.109, Long -113.901) upstream to endpoint(s) in:
Salmon River (45.011, -113.932); Williams Creek (45.081, -113.935).
(xi) Salmon River/Twelvemile Creek Watershed 1706020311. Outlet(s) =
Salmon River (Lat 45.011, Long -113.932) upstream to endpoint(s) in:
Lake Creek (45.015, -113.959); Salmon River (44.896, -113.963);
Twelvemile Creek (45.011, -113.927).
(xii) Salmon River/Cow Creek Watershed 1706020312. Outlet(s) =
Salmon River (Lat 44.896, Long -113.963) upstream to endpoint(s) in: Cow
Creek (44.730, -113.940); McKim Creek (44.810, -114.008); Poison Creek
(44.876, -113.934); Salmon River (44.692, -114.049); Warm Spring Creek
(44.913, -113.914).
(xiii) Hat Creek Watershed 1706020313. Outlet(s) = Hat Creek (Lat
44.795, Long -114.001) upstream to endpoint(s) in: Hat Creek (44.785, -
114.040).
(xiv) Iron Creek Watershed 1706020314. Outlet(s) = Iron Creek (Lat
44.887, Long -113.968) upstream to endpoint(s) in: Iron Creek (44.921, -
114.124).
(xv) Upper Panther Creek Watershed 1706020315. Outlet(s) = Panther
Creek (Lat 45.022, Long -114.313) upstream to endpoint(s) in: Cabin
Creek (44.957, -114.365); Opal Creek (44.901, -114.307); Panther Creek
(44.887, -114.305); Porphyry Creek (45.034, -114.388).
(xvi) Moyer Creek Watershed 1706020316. Outlet(s) = Moyer Creek (Lat
45.024, Long -114.311) upstream to endpoint(s) in: Moyer Creek (44.949,
-114.265); South Fork Moyer Creek (44.944, -114.305).
(xvii) Panther Creek/Woodtick Creek Watershed 1706020317. Outlet(s)
= Panther Creek (Lat 45.079, Long -114.251) upstream to endpoint(s) in:
Copper Creek (45.060, -114.258); Fawn Creek (45.073, -114.247); Musgrove
Creek (45.054, -114.368); Panther Creek (45.022, -114.313); Woodtick
Creek (45.008, -114.235).
(xviii) Deep Creek Watershed 1706020318. Outlet(s) = Deep Creek (Lat
45.126, Long -114.215) upstream to endpoint(s) in: Deep Creek (45.108, -
114.179).
(xix) Panther Creek/Spring Creek Watershed 1706020320. Outlet(s) =
Panther Creek (45.176, Long -114.314) upstream to endpoint(s) in: Little
Deer Creek (45.156, -114.298); Panther Creek (45.079, -114.251); Spring
Creek (45.088, -114.223).
(xx) Big Deer Creek Watershed 1706020321. Outlet(s) = Big Deer Creek
(Lat 45.1763, Long -114.3138) upstream to endpoint(s) in: Big Deer Creek
(45.1695, -114.3256).
(xxi) Panther Creek/Trail Creek Watershed 1706020322. Outlet(s) =
Panther Creek (Lat 45.316, Long -114.405) upstream to endpoint(s) in:
Beaver Creek (45.2816, -114.2744); Garden Creek (45.2959, -114.4293);
Trail Creek (45.2318, -114.2663); Panther Creek (45.176, -114.314).
(xxii) Clear Creek Watershed 1706020323. Outlet(s) = Clear Creek
(Lat 45.295, Long -114.351) upstream to endpoint(s) in: Clear Creek
(45.210, -114.485).
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(11) Lemhi Subbasin 17060204--(i) Lemhi River/Bohannon Creek
Watershed 1706020401. Outlet(s) = Lemhi River (Lat 45.188, Long -
113.889) upstream to endpoint(s) in: Bohannon Creek (45.189, -113.692);
Lemhi River (45.098, -113.720).
(ii) Lemhi River/Whimpey Creek Watershed 1706020402. Outlet(s) =
Lemhi River (Lat 45.098, Long -113.720) upstream to endpoint(s) in:
Lemhi River (45.032, -113.662); Wimpey Creek (45.131, -113.678);
Withington Creek (45.058, -113.750).
(iii) Lemhi River/Kenney Creek Watershed 1706020403. Outlet(s) =
Lemhi River (Lat 45.032, Long -113.662) upstream to endpoint(s) in:
Kenney Creek (45.087, -113.551); Lemhi River (44.940, -113.639).
(iv) Lemhi River/McDevitt Creek Watershed 1706020405. Outlet(s) =
Lemhi River (Lat 44.940, Long -113.639) upstream to endpoint(s) in:
Lemhi River (44.870, -113.626).
(v) Lemhi River/Yearian Creek Watershed 1706020406. Outlet(s) =
Lemhi River (Lat 44.867, Long -113.626) upstream to endpoint(s) in:
Lemhi River (44.778, -113.535).
(vi) Peterson Creek Watershed 1706020407. Outlet(s) = Lemhi River
(Lat 44.778, Long -113.535) upstream to endpoint(s) in: Lemhi River
(44.739, -113.459).
(vii) Big Eight Mile Creek Watershed 1706020408. Outlet(s) = Lemhi
River (Lat 44.739, Long -113.459) upstream to endpoint(s) in: Lemhi
River (44.692, -113.366).
(viii) Canyon Creek Watershed 1706020409. Outlet(s) = Lemhi River
(Lat 44.692, Long -113.366) upstream to endpoint(s) in: Lemhi River
(44.682, -113.355).
(ix) Texas Creek Watershed 1706020412. Outlet(s) = Texas Creek (Lat
44.6822, Long -113.3545) upstream to endpoint(s) in: Purcell Creek
(44.5726, -113.3459), Texas Creek (44.5348, -113.3018).
(x) Hayden Creek Watershed 1706020414. Outlet(s) = Hayden Creek (Lat
44.870, Long -113.626) upstream to endpoint(s) in: Bear Valley Creek
(44.796, -113.790); East Fork Hayden Creek (44.708, -113.661); Hayden
Creek (44.726, -113.769); Kadletz Creek (44.761, -113.767); West Fork
Hayden Creek (44.706, -113.768); Wright Creek (44.759, -113.794).
(12) Upper Middle Fork Salmon Subbasin 17060205--(i) Lower Loon
Creek Watershed 1706020501. Outlet(s) = Loon Creek (Lat 44.808, Long -
114.811) upstream to endpoint(s) in: Cabin Creek (44.742, -114.708);
Loon Creek (44.552, -114.849).
(ii) Warm Springs Watershed 1706020502. Outlet(s) = Warm Spring
Creek (Lat 44.653, Long -114.736) upstream to endpoint(s) in: Trapper
Creek (44.504, -114.617); Warm Spring Creek (44.609, -114.481).
(iii) Upper Loon Creek Watershed 1706020503. Outlet(s) = Loon Creek
(Lat 44.552, Long -114.849) upstream to endpoint(s) in: Cottonwood Creek
(44.593, -114.679); East Fork Mayfield Creek (44.494, -114.700); Loon
Creek (44.469, -114.923); Pioneer Creek (44.466, -114.873); South Fork
Cottonwood Creek (44.563, -114.780); Trail Creek (44.506, -114.959);
West Fork Mayfield Creek (44.473, -114.730).
(iv) Little Loon Creek Watershed 1706020504. Outlet(s) = Little Loon
Creek (Lat 44.731, Long -114.940) upstream to endpoint(s) in: Little
Loon Creek (44.615, -114.963).
(v) Rapid River Watershed 1706020505. Outlet(s) = Rapid River (Lat
44.680, Long -115.152) upstream to endpoint(s) in: Float Creek (44.546,
-115.148); North Fork Sheep Creek (44.656, -114.997); Rapid River
(44.551, -115.007); South Fork Sheep Creek (44.628, -114.988); Vanity
Creek (44.500, -115.072).
(vi) Marsh Creek Watershed 1706020506. Outlet(s) = Marsh Creek (Lat
44.449, Long -115.230) upstream to endpoint(s) in: Asher Creek (44.374,
-115.126); Banner Creek (44.291, -115.187); Bear Creek (44.490, -
115.098); Beaver Creek (44.494, -114.964); Camp Creek (44.384, -
115.144); Cape Horn Creek (44.333, -115.287); Knapp Creek (44.424, -
114.915); Marsh Creek (44.329, -115.091); Swamp Creek (44.300, -
115.175); Winnemucca Creek (44.479, -114.972).
(vii) Middle Fork Salmon River/Soldier Creek Watershed 1706020507.
Outlet(s) = Middle Fork Salmon River (Lat 44.680, Long -115.152)
upstream to endpoint(s) in: Boundary Creek (44.507, -115.328); Dagger
Creek (44.498, -115.307); Elkhorn Creek (44.582, -115.369); Greyhound
Creek (44.626, -115.158); Middle Fork Salmon River (44.449, -115.230);
Soldier Creek (44.528, -115.201).
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(viii) Bear Valley Creek Watershed 1706020508. Outlet(s) = Bear
Valley Creek (Lat 44.449, Long -115.230) upstream to endpoint(s) in:
Ayers Creek (44.454, -115.330); Bear Valley Creek (44.236, -115.499);
Bearskin Creek (44.331, -115.528); Cache Creek (44.286, -115.409); Cold
Creek (44.371, -115.317); Cook Creek (44.389, -115.438); East Fork Elk
Creek (44.481, -115.359); Fir Creek (44.354, -115.296); Little Beaver
Creek (44.415, -115.504); Little East Fork Elk Creek (44.479, -115.407);
Mace Creek (44.289, -115.443); North Fork Elk Creek (44.527, -115.458);
Poker Creek (44.444, -115.345); Pole Creek (44.361, -115.366); Porter
Creek (44.466, -115.529); Sack Creek (44.320, -115.351); Sheep Trail
Creek (44.360, -115.451); West Fork Elk Creek (44.485, -115.499);
Wyoming Creek (44.362, -115.335).
(ix) Sulphur Creek Watershed 1706020509. Outlet(s) = Sulphur Creek
(Lat 44.555, Long -115.297) upstream to endpoint(s) in: Blue Moon Creek
(44.572, -115.364); Full Moon Creek (44.535, -115.400); Honeymoon Creek
(44.605, -115.399); North Fork Sulphur Creek (44.583, -115.467); Sulphur
Creek (44.510, -115.518).
(x) Pistol Creek Watershed 1706020510. Outlet(s) = Pistol Creek (Lat
44.724, Long -115.149) upstream to endpoint(s) in: Little Pistol Creek
(44.721, -115.404); Luger Creek (44.636, -115.386); Pistol Creek
(44.644, -115.442).
(xi) Indian Creek Watershed 1706020511. Outlet(s) = Indian Creek
(Lat 44.770, Long -115.089) upstream to endpoint(s) in: Big Chief Creek
(44.817, -115.368); Indian Creek (44.803, -115.383); Little Indian Creek
(44.879, -115.226).
(xii) Upper Marble Creek Watershed 1706020512. Outlet(s) = Marble
Creek (Lat 44.797, Long -114.971) upstream to endpoint(s) in: Big
Cottonwood Creek (44.879, -115.206); Canyon Creek (44.822, -114.943);
Cornish Creek (44.933, -115.127); Dynamite Creek (44.871, -115.207);
Marble Creek (44.983, -115.079); Trail Creek (44.917, -114.930).
(xiii) Middle Fork Salmon River/Lower Marble Creek Watershed
1706020513. Outlet(s) = Middle Fork Salmon River (Lat 44.808, Long -
114.811) upstream to endpoint(s) in: Marble Creek (44.797, -114.971);
Middle Fork Salmon River (44.680, -115.152).
(13) Lower Middle Fork Salmon Subbasin 17060206--(i) Lower Middle
Fork Salmon River Watershed 1706020601. Outlet(s) = Middle Fork Salmon
River (Lat 45.297, Long -114.591) upstream to endpoint(s) in: Middle
Fork Salmon River (45.095, -114.732); Roaring Creek (45.186, -114.574);
Stoddard Creek (45.244, -114.702).
(ii) Wilson Creek Watershed 1706020602. Outlet(s) = Wilson Creek
(Lat 45.033, Long -114.723) upstream to endpoint(s) in: Wilson Creek
(45.032, -114.659).
(iii) Middle Fork Salmon River/Brush Creek Watershed 1706020603.
Outlet(s) = Middle Fork Salmon River (Lat 45.095, Long -114.732)
upstream to endpoint(s) in: Brush Creek (44.955, -114.733); Middle Fork
Salmon River (44.958, -114.747).
(iv) Yellow Jacket Creek Watershed 1706020604. Outlet(s) =
Yellowjacket Creek (Lat 44.892, Long -114.644) upstream to endpoint(s)
in: Beagle Creek (44.993, -114.466); Hoodoo Creek (44.993, -114.568);
Lake Creek (44.967, -114.603); Little Jacket Creek (44.931, -114.505);
Meadow Creek (44.984, -114.481); Shovel Creek (45.006, -114.463); Trail
Creek (44.939, -114.461); Yellowjacket Creek (45.050, -114.480).
(v) Silver Creek Watershed 1706020605. Outlet(s) = Silver Creek (Lat
44.830, Long -114.501) upstream to endpoint(s) in: Silver Creek (44.856,
-114.458).
(vi) Upper Camas Creek Watershed 1706020606. Outlet(s) = Camas Creek
(Lat 44.830, Long -114.501) upstream to endpoint(s) in: Castle Creek
(44.825, -114.415); Fly Creek (44.703, -114.509); Furnace Creek (44.767,
-114.421); J Fell Creek (44.669, -114.459); South Fork Camas Creek
(44.731, -114.553); Spider Creek (44.688, -114.495); White Goat Creek
(44.731, -114.460).
(vii) West Fork Camas Creek Watershed 1706020607. Outlet(s) = West
Fork Camas Creek (Lat 44.831, Long -114.504) upstream to endpoint(s) in:
Flume Creek (44.806, -114.526); Martindale Creek (44.822, -114.560);
West Fork Camas Creek (44.795, -114.595).
(viii) Lower Camas Creek Watershed 1706020608. Outlet(s) = Camas
Creek (Lat 44.892, Long -114.722) upstream to endpoint(s) in: Camas
Creek (44.830, -114.501); Duck Creek (44.852, -114.521); Woodtick Creek
(44.870, -114.636).
(ix) Middle Fork Salmon River/Sheep Creek Watershed 1706020609.
Outlet(s) =
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Middle Fork Salmon River (Lat 44.955, Long -114.733) upstream to
endpoint(s) in: Middle Fork Salmon River (44.808, -114.811); Sheep Creek
(44.923, -114.873).
(x) Rush Creek Watershed 1706020610. Outlet(s) = Rush Creek (Lat
45.105, Long -114.861) upstream to endpoint(s) in: Rush Creek (44.958, -
114.992); South Fork Rush Creek (45.013, -114.972); Two Point Creek
(45.027, -114.947).
(xi) Monumental Creek Watershed 1706020611. Outlet(s) = Monumental
Creek (Lat 45.160, Long -115.129) upstream to endpoint(s) in: Monumental
Creek (44.952, -115.179); Snowslide Creek (45.055, -115.266); West Fork
Monumental Creek (45.011, -115.244).
(xii) Big Creek/Little Marble Creek Watershed 1706020612. Outlet(s)
= Big Creek (Lat 45.163, Long -115.128) upstream to endpoint(s) in: Big
Creek (45.153, -115.297); Little Marble Creek (45.062, -115.276).
(xiii) Upper Big Creek Watershed 1706020613. Outlet(s) = Big Creek
(Lat 45.153, Long -115.297) upstream to endpoint(s) in: Big Creek
(45.075, -115.342); Jacobs Ladder Creek (45.063, -115.322); Middle Fork
Smith Creek (45.166, -115.411); Smith Creek (45.170, -115.380); Unnamed
(45.129, -115.422).
(xiv) Beaver Creek Watershed 1706020614. Outlet(s) = Beaver Creek
(Lat 45.163, Long -115.242) upstream to endpoint(s) in: Beaver Creek
(45.242, -115.314); Coin Creek (45.218, -115.328); HCreek (45.266, -
115.270).
(xv) Big Ramey Creek Watershed 1706020615. Outlet(s) = Big Ramey
Creek (Lat 45.177, Long -115.159) upstream to endpoint(s) in: Big Ramey
Creek (45.279, -115.243).
(xvi) Big Creek/Crooked Creek Watershed 1706020616. Outlet(s) = Big
Creek (Lat 45.127, Long -114.935) upstream to endpoint(s) in: Big Creek
(45.163, -115.128); Cave Creek (45.219, -114.916); Coxey Creek (45.181,
-115.022); East Fork Crooked Creek (45.250, -114.975); Fawn Creek
(45.125, -115.032); West Fork Crooked Creek (45.251, -115.117).
(xvii) Lower Big Creek Watershed 1706020617. Outlet(s) = Big Creek
(Lat 45.095, Long -114.732) upstream to endpoint(s) in: Big Creek
(45.127, -114.935); Cabin Creek (45.195, -114.837); Canyon Creek
(45.087, -114.997); Cliff Creek (45.127, -114.857); Cougar Creek
(45.138, -114.813); Pioneer Creek (45.066, -114.842).
(14) Middle Salmon-Chamberlain Subbasin 17060207--(i) Salmon River/
Fall Creek Watershed 1706020701. Outlet(s) = Salmon River (Lat 45.426,
Long -116.025) upstream to endpoint(s) in: Carey Creek (45.4242, -
115.9343); Fall Creek (45.4153, -115.9755); Salmon River (45.455, -
115.941).
(ii) Wind River Watershed 1706020702. Outlet(s) = Wind River (Lat
45.4553, Long -115.9411) upstream to endpoint(s) in: Wind River
(45.4657, -115.9394).
(iii) Salmon River/California Creek Watershed 1706020703. Outlet(s)
= Salmon River (Lat 45.455, Long -115.941) upstream to endpoint(s) in:
Bear Creek (45.435, -115.852); Bull Creek (45.482, -115.716); California
Creek (45.341, -115.850); Cottontail Creek (45.388, -115.752); Maxwell
Creek (45.392, -115.841); Salmon River (45.434, -115.666).
(iv) Sheep Creek Watershed 1706020704. Outlet(s) = Sheep Creek (Lat
45.468, Long -115.810) upstream to endpoint(s) in: East Fork Sheep Creek
(45.546, -115.769); Meadow Creek (45.544, -115.792); Plummer Creek
(45.531, -115.807); Porcupine Creek (45.506, -115.817); Sheep Creek
(45.591, -115.705).
(v) Crooked Creek Watershed 1706020705. Outlet(s) = Crooked Creek
(Lat 45.434, Long -115.666) upstream to endpoint(s) in: Arlington Creek
(45.491, -115.678); Crooked Creek (45.515, -115.554); Lake Creek
(45.616, -115.686).
(vi) Salmon River/Rabbit Creek Watershed 1706020706. Outlet(s) =
Salmon River (Lat 45.434, Long -115.666) upstream to endpoint(s) in:
Indian Creek (45.409, -115.608); Rabbit Creek (45.416, -115.667); Salmon
River (45.378, -115.512).
(vii) Salmon River/Trout Creek Watershed 1706020708. Outlet(s) =
Salmon River (Lat 45.378, Long -115.512) upstream to endpoint(s) in: Big
Blowout Creek (45.468, -115.432); Big Elkhorn Creek (45.521, -115.331);
Fivemile Creek (45.391, -115.452); Jersey Creek (45.494, -115.531);
Little Fivemile Creek (45.416, -115.425); Little Mallard Creek (45.538,
-115.317); Rhett Creek (45.483, -115.410); Richardson Creek (45.499, -
115.265); Salmon River (45.567, -115.191); Trout Creek (45.396, -
115.315).
(viii) Bargamin Creek Watershed 1706020709. Outlet(s) = Bargamin
Creek (Lat 45.567, Long -115.191) upstream to
[[Page 395]]
endpoint(s) in: Bargamin Creek (45.706, -115.046); Cache Creek (45.691,
-115.180); Porcupine Creek (45.725, -115.128); Prospector Creek (45.688,
-115.153); Rainey Creek (45.617, -115.210); Salt Creek (45.643, -
115.189).
(ix) Salmon River/Rattlesnake Creek Watershed 1706020710. Outlet(s)
= Salmon River (Lat 45.567, Long -115.191) upstream to endpoint(s) in:
Rattlesnake Creek (45.560, -115.143); Salmon River (45.511, -115.041).
(x) Sabe Creek Watershed 1706020711. Outlet(s) = Sabe Creek (Lat
45.507, Long -115.024) upstream to endpoint(s) in: Center Creek (45.573,
-115.040); Hamilton Creek (45.544, -114.826).
(xi) Salmon River/Hot Springs Creek Watershed 1706020712. Outlet(s)
= Salmon River (Lat 45.511, Long -115.041) upstream to endpoint(s) in:
Big Harrington Creek (45.498, -114.895); Hot Springs Creek (45.465, -
115.135); Salmon River (45.454, -114.931).
(xii) Salmon River/Disappointment Creek Watershed 1706020713.
Outlet(s) = Salmon River (Lat 45.454, Long -114.931) upstream to
endpoint(s) in: Salmon River (45.395, -114.732).
(xiii) Horse Creek Watershed 1706020714. Outlet(s) = Horse Creek
(Lat 45.395, Long -114.732) upstream to endpoint(s) in: East Fork
Reynolds Creek (45.541, -114.493); Horse Creek (45.498, -114.421);
Reynolds Creek (45.555, -114.558); West Horse Creek (45.494, -114.754).
(xiv) Salmon River/Kitchen Creek Watershed 1706020715. Outlet(s) =
Salmon River (Lat 45.395, Long -114.732) upstream to endpoint(s) in:
Corn Creek (45.370, -114.681); Kitchen Creek (45.295, -114.752); Salmon
River (45.297, -114.591).
(xv) Cottonwood Creek Watershed 1706020716. Outlet(s) = Cottonwood
Creek (Lat 45.394, Long -114.802) upstream to endpoint(s) in: Cottonwood
Creek (45.354, -114.823).
(xvi) Lower Chamberlain/McCalla Creek Watershed 1706020717.
Outlet(s) = Chamberlain Creek (Lat 45.454, Long -114.931) upstream to
endpoint(s) in: McCalla Creek (45.321, -115.115); Unnamed (45.433, -
114.935); Whimstick Creek (45.241, -115.053).
(xvii) Upper Chamberlain Creek Watershed 1706020718. Outlet(s) =
Chamberlain Creek (Lat 45.414, Long -114.981) upstream to endpoint(s)
in: Flossie Creek (45.384, -115.248); Lodgepole Creek (45.305, -
115.254); Moose Creek (45.283, -115.292); South Fork Chamberlain Creek
(45.288, -115.342).
(xviii) Warren Creek Watershed 1706020719. Outlet(s) = Warren Creek
(Lat 45.397, Long -115.592) upstream to endpoint(s) in: Richardson Creek
(45.372, -115.625); Slaughter Creek (45.269, -115.648); Steamboat Creek
(45.259, -115.722); Warren Creek (45.248, -115.653).
(15) South Fork Salmon Subbasin 17060208--(i) Lower South Fork
Salmon River Watershed 1706020801. Outlet(s) = South Fork Salmon River
(Lat 45.378, Long -115.512) upstream to endpoint(s) in: Big Buck Creek
(45.253, -115.554); Pony Creek (45.209, -115.663); Porphyry Creek
(45.255, -115.462); Smith Creek (45.265, -115.550); South Fork Salmon
River (45.156, -115.585).
(ii) South Fork Salmon River/Sheep Creek Watershed 1706020802.
Outlet(s) = South Fork Salmon River (Lat 45.156, Long -115.585) upstream
to endpoint(s) in: Bear Creek (45.124, -115.643); Contux Creek (45.155,
-115.620); Deer Creek (45.162, -115.606); Elk Creek (45.149, -115.506);
Sheep Creek (45.039, -115.583); South Fork Salmon River (45.025, -
115.706).
(iii) Lower East Fork South Fork Salmon River Watershed 1706020803.
Outlet(s) = East Fork South Fork Salmon River (Lat 45.015, Long -
115.713) upstream to endpoint(s) in: Caton Creek (44.900, -115.584);
East Fork South Fork Salmon River (44.963, -115.501); Loosum Creek
(44.918, -115.529); Parks Creek (44.969, -115.530).
(iv) Upper East Fork South Fork Salmon River Watershed 1706020804.
Outlet(s) = East Fork South Fork Salmon River (Lat 44.963, Long -
115.501) upstream to endpoint(s) in: East Fork South Fork Salmon River
(44.934, -115.336); Profile Creek (45.035, -115.409); Quartz Creek
(45.048, -115.496); Salt Creek (44.962, -115.329); Sugar Creek (44.975,
-115.245); Tamarack Creek (44.995, -115.318).
(v) Lower Johnson Creek Watershed 1706020805. Outlet(s) = Johnson
Creek (Lat 44.963, Long -115.501) upstream to endpoint(s) in: Johnson
Creek (44.803, -115.518); Riordan Creek (44.898, -115.472); Trapper
Creek (44.829, -115.508).
[[Page 396]]
(vi) Burntlog Creek Watershed 1706020806. Outlet(s) = Burntlog Creek
(Lat 44.803, Long -115.518) upstream to endpoint(s) in: Burntlog Creek
(44.718, -115.419).
(vii) Upper Johnson Creek Watershed 1706020807. Outlet(s) = Johnson
Creek (Lat 44.803, Long -115.518) upstream to endpoint(s) in: Boulder
Creek (44.565, -115.595); Johnson Creek (44.550, -115.590); Landmark
Creek (44.630, -115.574); Rock Creek (44.600, -115.592); SCreek (44.609,
-115.413); Whiskey Creek (44.563, -115.486).
(viii) Upper South Fork Salmon River Watershed 1706020808. Outlet(s)
= South Fork Salmon River (Lat 44.652, Long -115.703) upstream to
endpoint(s) in: Bear Creek (44.607, -115.600); Camp Creek (44.605, -
115.633); Curtis Creek (44.593, -115.752); Lodgepole Creek (44.576, -
115.610); Mormon Creek (44.499, -115.654); Rice Creek (44.510, -
115.644); South Fork Salmon River (44.480, -115.688); Tyndall Creek
(44.568, -115.736).
(ix) South Fork Salmon River/Cabin Creek Watershed 1706020809.
Outlet(s) = South Fork Salmon River (Lat 44.759, Long -115.684) upstream
to endpoint(s) in: Cabin Creek (44.713, -115.638); Dollar Creek (44.759,
-115.751); North Fork Dollar Creek (44.755, -115.745); Six-Bit Creek
(44.684, -115.724); South Fork Salmon River (44.652, -115.703); Two-bit
Creek (44.655, -115.747); Warm Lake Creek (44.653, -115.662).
(x) South Fork Salmon River/Blackmare Creek Watershed 1706020810.
Outlet(s) = South Fork Salmon River (Lat 44.898, Long -115.715) upstream
to endpoint(s) in: Blackmare Creek (44.809, -115.795); Camp Creek
(44.889, -115.691); Cougar Creek (44.823, -115.804); Phoebe Creek
(44.910, -115.705); South Fork Salmon River (44.759, -115.684).
(xi) [Reserved]
(xii) Buckhorn Creek Watershed 1706020811. Outlet(s) = Buckhorn
Creek (Lat 44.922, Long -115.736) upstream to endpoint(s) in: Buckhorn
Creek (44.881, -115.856); Little Buckhorn Creek (44.902, -115.756); West
Fork Buckhorn Creek (44.909, -115.832).
(xiii) South Fork Salmon River/Fitsum Creek Watershed 1706020812.
Outlet(s) = South Fork Salmon River (Lat 45.025, Long -115.706) upstream
to endpoint(s) in: Fitsum Creek (44.996, -115.784); North Fork Fitsum
Creek (44.992, -115.870); South Fork Fitsum Creek (44.981, -115.768);
South Fork Salmon River (44.898, -115.715).
(xiv) Lower Secesh River Watershed 1706020813. Outlet(s) = Secesh
River (Lat 45.025, Long -115.706) upstream to endpoint(s) in: Cly Creek
(45.031, -115.911); Hum Creek (45.070, -115.903); Lick Creek (45.049, -
115.906); Secesh River (45.183, -115.821); Split Creek (45.109, -
115.805); Zena Creek (45.057, -115.732).
(xv) Middle Secesh River Watershed 1706020814. Outlet(s) = Secesh
River (Lat 45.183, Long -115.821) upstream to endpoint(s) in: Grouse
Creek (45.289, -115.835); Secesh River (45.257, -115.895); Victor Creek
(45.186, -115.831).
(xiv) Upper Secesh River Watershed 1706020815. Outlet(s) = Secesh
River (Lat 45.257, Long -115.895) upstream to endpoint(s) in: Lake Creek
(45.374, -115.867); Threemile Creek (45.334, -115.891).
(16) Lower Salmon Subbasin 17060209--(i) Salmon River/China Creek
Watershed 1706020901. Outlet(s) = Salmon River (Lat 45.857, Long -
116.794) upstream to endpoint(s) in: China Creek (46.004, -116.817);
Flynn Creek (45.911, -116.714); Salmon River (45.999, -116.695);
Wapshilla Creek (45.945, -116.766).
(ii) Eagle Creek Watershed 1706020902. Outlet(s) = Eagle Creek (Lat
45.997, Long -116.700) upstream to endpoint(s) in: Eagle Creek (46.057,
-116.814).
(iii) Deer Creek Watershed 1706020903. Outlet(s) = Deer Creek (Lat
45.999, Long -116.695) upstream to endpoint(s) in: Deer Creek (46.051, -
116.702).
(iv) Salmon River/Cottonwood Creek Watershed 1706020904. Outlet(s) =
Salmon River (Lat 45.999, Long -116.695) upstream to endpoint(s) in:
Billy Creek (45.990, -116.643); Cottonwood Creek (45.932, -116.598);
Maloney Creek (46.068, -116.625); Salmon River (46.038, -116.625); West
Fork Maloney Creek (46.061, -116.632).
(v) Salmon River/Deep Creek Watershed 1706020905. Outlet(s) = Salmon
River (Lat 46.038, Long -116.625) upstream to endpoint(s) in: Burnt
Creek (45.966, -116.548); Deep Creek (46.005, -116.547); Round Spring
Creek (45.972, -116.501); Salmon River (45.911, -116.410); Telcher Creek
(45.978, -116.443).
[[Page 397]]
(vi) Rock Creek Watershed 1706020906. Outlet(s) = Rock Creek (Lat
45.905, Long -116.396) upstream to endpoint(s) in: Grave Creek (45.978,
-116.359); Johns Creek (45.930, -116.245); Rock Creek (45.919, -
116.245).
(vii) Salmon River/Hammer Creek Watershed 1706020907. Outlet(s) =
Salmon River (Lat 45.911, Long -116.410) upstream to endpoint(s) in:
Salmon River (45.752, -116.322).
(viii) White Bird Creek Watershed 1706020908. White Bird Creek (Lat
45.752, Long -116.322) upstream to endpoint(s) in: Asbestos Creek
(45.722, -116.050); Cabin Creek (45.842, -116.110); Chapman Creek
(45.841, -116.216); Cold Springs Creek (45.716, -116.037); Fish Creek
(45.865, -116.084); Jungle Creek (45.739, -116.063); Little White Bird
Creek (45.740, -116.087); North Fork White Bird Creek (45.797, -
116.089); Pinnacle Creek (45.779, -116.086); South Fork White Bird Creek
(45.772, -116.028); Twin Cabins Creek (45.782, -116.048); Unnamed
(45.809, -116.086); Unnamed (45.841, -116.114); Unnamed (45.858, -
116.105).
(ix) Salmon River/McKinzie Creek Watershed 1706020909. Outlet(s) =
Salmon River (Lat 45.752, Long -116.322) upstream to endpoint(s) in:
Deer Creek (45.706, -116.332); McKinzie Creek (45.676, -116.260); Salmon
River (45.640, -116.284); Sotin Creek (45.725, -116.341).
(x) Skookumchuck Creek Watershed 1706020910. Outlet(s) =
Skookumchuck Creek (Lat 45.700, Long -116.317) upstream to endpoint(s)
in: North Fork Skookumchuck Creek (45.728, -116.114); South Fork
Skookumchuck Creek (45.711, -116.197).
(xi) Slate Creek Watershed 1706020911. Outlet(s) = Slate Creek (Lat
45.640, Long -116.284) upstream to endpoint(s) in: Deadhorse Creek
(45.603, -116.093); Little Slate Creek (45.587, -116.075); North Fork
Slate Creek (45.671, -116.095); Slate Creek (45.634, -116.000); Slide
Creek (45.662, -116.146); Unnamed (45.5959, -116.1061); Waterspout Creek
(45.631, -116.115).
(xii) Salmon River/John Day Creek Watershed 1706020912. Outlet(s) =
Salmon River (Lat 45.640, Long -116.284) upstream to endpoint(s) in:
China Creek (45.547, -116.310); Cow Creek (45.539, -116.330); East Fork
John Day Creek (45.575, -116.221); Fiddle Creek (45.495, -116.269); John
Day Creek (45.564, -116.220); Race Creek (45.437, -116.316); South Fork
Race Creek (45.440, -116.403); West Fork Race Creek (45.464, -116.352).
(xiii) Salmon River/Lake Creek Watershed 1706020913. Outlet(s) =
Salmon River (Lat 45.437, Long -116.316) upstream to endpoint(s) in:
Allison Creek (45.507, -116.156); Berg Creek (45.426, -116.244); Lake
Creek (45.294, -116.219); Salmon River (45.418, -116.162); West Fork
Allison Creek (45.457, -116.184); West Fork Lake Creek (45.370, -
116.241).
(xiv) Salmon River/Van Creek Watershed 1706020914. Outlet(s) =
Salmon River (Lat 45.418, Long -116.162) upstream to endpoint(s) in:
Robbins Creek (45.430, -116.026); Salmon River (45.426, -116.025); Van
Creek (45.431, -116.138).
(xv) French Creek Watershed 1706020915. Outlet(s) = French Creek
(Lat 45.425, Long -116.030) upstream to endpoint(s) in: French Creek
(45.375, -116.040).
(xvi) Partridge Creek Watershed 1706020916. Outlet(s) = Elkhorn
Creek (Lat 45.4043, Long -116.0941); Partridge Creek (45.408, -116.126)
upstream to endpoint(s) in: Elkhorn Creek (45.369, -116.092); Partridge
Creek (45.369, -116.146).
(17) Little Salmon Subbasin 17060210--(i) Lower Little Salmon River
Watershed 1706021001. Outlet(s) = Little Salmon River (Lat 45.417, Long
-116.313) upstream to endpoint(s) in: Denny Creek (45.306, -116.359);
Elk Creek (45.218, -116.311); Hat Creek (45.313, -116.354); Little
Salmon River (45.204, -116.310); Lockwood Creek (45.254, -116.366);
North Fork Squaw Creek (45.4234, -116.4320); Papoose Creek (45.4078, -
116.3920); Rattlesnake Creek (45.268, -116.339); Sheep Creek (45.344, -
116.336); South Fork Squaw Creek (45.4093, -116.4356).
(ii) Little Salmon River/Hard Creek Watershed 1706021002. Outlet(s)
= Little Salmon River (Lat 45.204, Long -116.310) upstream to
endpoint(s) in: Bascum Canyon (45.145, -116.248); Hard Creek (45.125, -
116.239); Little Salmon River (45.123, -116.298); Trail Creek (45.164, -
116.338).
(iii) Hazard Creek Watershed 1706021003. Outlet(s) = Hazard Creek
(Lat 45.183, Long -116.283) upstream to
[[Page 398]]
endpoint(s) in: Hazard Creek (45.201, -116.248).
(iv) Boulder Creek Watershed 1706021006. Outlet(s) = Boulder Creek
(Lat 45.204, Long -116.310) upstream to endpoint(s) in: Ant Basin Creek
(45.128, -116.447); Boulder Creek (45.103, -116.479); Bull Horn Creek
(45.159, -116.407); Pollock Creek (45.168, -116.395); Pony Creek
(45.190, -116.374); Squirrel Creek (45.198, -116.368); Star Creek
(45.152, -116.418); Unnamed (45.095, -116.461); Unnamed (45.116, -
116.455); Yellow Jacket Creek (45.141, -116.426).
(v) Rapid River Watershed 1706021007. Outlet(s) = Rapid River (Lat
45.375, Long -116.355) upstream to endpoint(s) in: Granite Fork Lake
Fork Rapid River (45.179, -116.526); Paradise Creek (45.223, -116.550);
Rapid River (45.157, -116.489); Shingle Creek (45.369, -116.409); West
Fork Rapid River (45.306, -116.425).
(18) Upper Selway Subbasin 17060301--(i) Selway River/Pettibone
Creek Watershed 1706030101. Outlet(s) = Selway River (Lat 46.122, Long -
114.935) upstream to endpoint(s) in: Ditch Creek (46.022, -114.900); Elk
Creek (45.987, -114.872); Pettibone Creek (46.105, -114.745); Selway
River (45.962, -114.828).
(ii) Bear Creek Watershed 1706030102. Outlet(s) = Bear Creek (Lat
46.019, Long -114.844) upstream to endpoint(s) in: Bear Creek (46.104, -
114.588); Brushy Fork Creek (45.978, -114.602); Cub Creek (46.021, -
114.662); Granite Creek (46.102, -114.619); Paradise Creek (46.036, -
114.710); Wahoo Creek (46.104, -114.633).
(iii) Selway River/Gardner Creek Watershed 1706030103. Outlet(s) =
Selway River (Lat 45.962, Long -114.828) upstream to endpoint(s) in: Bad
Luck Creek (45.899, -114.752); Crooked Creek (45.865, -114.764); Gardner
Creek (45.937, -114.772); Magruder Creek (45.702, -114.795); North Star
Creek (45.950, -114.806); Selway River (45.707, -114.719); Sheep Creek
(45.821, -114.741); Snake Creek (45.855, -114.728).
(iv) White Cap Creek Watershed 1706030104. Outlet(s) = White Cap
Creek (Lat 45.860, Long -114.744) upstream to endpoint(s) in: Barefoot
Creek (45.886, -114.639); Canyon Creek (45.878, -114.422); Cedar Creek
(45.895, -114.668); Cooper Creek (45.861, -114.557); Elk Creek (45.928,
-114.574); Fox Creek (45.898, -114.597); Granite Creek (45.931, -
114.506); Lookout Creek (45.959, -114.626); Paloma Creek (45.918, -
114.592); Peach Creek (45.868, -114.607); South Fork Lookout Creek
(45.929, -114.649); Unnamed (45.855, -114.557); White Cap Creek (45.947,
-114.534).
(v) Indian Creek Watershed 1706030105. Outlet(s) = Indian Creek (Lat
45.792, Long -114.764) upstream to endpoint(s) in: Indian Creek (45.786,
-114.581); Jack Creek (45.789, -114.681); Saddle Gulch (45.766, -
114.641); Schofield Creek (45.818, -114.586).
(vi) Upper Selway River Watershed 1706030106. Outlet(s) = Selway
River (Lat 45.707, Long -114.719) upstream to endpoint(s) in: Cayuse
Creek (45.752, -114.572); Deep Creek (45.703, -114.517); French Creek
(45.609, -114.561); Gabe Creek (45.714, -114.666); Hells Half Acre Creek
(45.689, -114.708); Lazy Creek (45.670, -114.553); Line Creek (45.590, -
114.585); Mist Creek (45.561, -114.629); Pete Creek (45.720, -114.557);
Selway River (45.502, -114.702); Slow Gulch Creek (45.678, -114.520);
Storm Creek (45.641, -114.596); Surprise Creek (45.533, -114.672); Swet
Creek (45.516, -114.804); Three Lakes Creek (45.620, -114.803); Unnamed
(45.569, -114.642); Vance Creek (45.681, -114.594); Wilkerson Creek
(45.561, -114.601).
(vii) Little Clearwater River Watershed 1706030107. Outlet(s) =
Little Clearwater River (Lat 45.754, Long -114.775) upstream to
endpoint(s) in: Burnt Knob Creek (45.697, -114.950); FCreek (45.644, -
114.847); Little Clearwater River (45.740, -114.949); Lonely Creek
(45.727, -114.865); Salamander Creek (45.655, -114.883); Short Creek
(45.759, -114.859); Throng Creek (45.736, -114.904).
(viii) Running Creek Watershed 1706030108. Outlet(s) = Running Creek
(Lat 45.919, Long -114.832) upstream to endpoint(s) in: Eagle Creek
(45.844, -114.886); Lynx Creek (45.794, -114.993); Running Creek
(45.910, -115.027); South Fork Running Creek (45.820, -115.024).
(ix) Goat Creek Watershed 1706030109. Outlet(s) = Goat Creek (Lat
45.962, Long -114.828) upstream to endpoint(s) in: Goat Creek (45.940, -
115.038).
(19) Lower Selway Subbasin 17060302--(i) Selway River/Goddard Creek
Watershed 1706030201. Outlet(s) = Selway River (Lat 46.140, Long -
115.599) upstream to endpoint(s) in: Boyd Creek
[[Page 399]]
(46.092, -115.431); Glover Creek (46.082, -115.361); Goddard Creek
(46.059, -115.610); Johnson Creek (46.139, -115.514); Rackliff Creek
(46.110, -115.494); Selway River (46.046, -115.295).
(ii) Gedney Creek Watershed 1706030202. Outlet(s) = Gedney Creek
(Lat 46.056, Long -115.313) upstream to endpoint(s) in: Gedney Creek
(46.111, -115.268).
(iii) Selway River/Three Links Creek Watershed 1706030203. Outlet(s)
= Selway River (Lat 46.046, Long -115.295) upstream to endpoint(s) in:
Mink Creek (46.041, -115.087); Otter Creek (46.042, -115.216); Pinchot
Creek (46.120, -115.108); Selway River (46.098, -115.071); Three Links
Creek (46.143, -115.093).
(iv) Upper Three Links Creek Watershed 1706030204. Outlet(s) = Three
Links Creek (Lat 46.143, Long -115.093) upstream to endpoint(s) in:
Three Links Creek (46.155, -115.100).
(v) Rhoda Creek Watershed 1706030205. Outlet(s) = Rhoda Creek (Lat
46.234, Long -114.960) upstream to endpoint(s) in: Lizard Creek (46.220,
-115.136); Rhoda Creek (46.252, -115.164); Wounded Doe Creek (46.299, -
115.078).
(vi) North Fork Moose Creek Watershed 1706030207. Outlet(s) = North
Fork Moose Creek (Lat 46.165, Long -114.897) upstream to endpoint(s) in:
North Fork Moose Creek (46.305, -114.853); West Moose Creek (46.322, -
114.970).
(vii) East Fork Moose Creek/Trout Creek Watershed 1706030208.
Outlet(s) = Selway River (Lat 46.098, Long -115.071) upstream to
endpoint(s) in: Double Creek (46.230, -114.837); East Fork Moose Creek
(46.204, -114.722); Elbow Creek (46.200, -114.716); Fitting Creek
(46.231, -114.861); Maple Creek (46.218, -114.785); Monument Creek
(46.189, -114.728); Selway River (46.122, -114.935); Trout Creek
(46.141, -114.861).
(viii) Upper East Fork Moose Creek Watershed 1706030209. Outlet(s) =
East Fork Moose Creek (Lat 46.204, Long -114.722) upstream to
endpoint(s) in: Cedar Creek (46.291, -114.708); East Fork Moose Creek
(46.253, -114.700).
(ix) Marten Creek Watershed 1706030210. Outlet(s) = Marten Creek
(Lat 46.099, Long -115.052) upstream to endpoint(s) in: Marten Creek
(45.988, -115.029).
(x) Upper Meadow Creek Watershed 1706030211. Outlet(s) = Meadow
Creek (Lat 45.88043738, Long -115.1034371) upstream to endpoint(s) in:
Butter Creek (45.804, -115.149); Meadow Creek (45.698, -115.217); Three
Prong Creek (45.790, -115.062).
(xi) Middle Meadow Creek Watershed 1706030212. Outlet(s) = Meadow
Creek (Lat 45.88157325, Long -115.2178401) upstream to endpoint(s) in:
East Fork Meadow Creek (45.868, -115.067); Meadow Creek (45.880, -
115.103); Sable Creek (45.853, -115.219); Schwar Creek (45.905, -
115.108); Simmons Creek (45.856, -115.247).
(xii) Lower Meadow Creek Watershed 1706030213. Outlet(s) = Meadow
Creek (Lat 46.04563958, Long -115.2953459) upstream to endpoint(s) in:
Buck Lake Creek (45.992, -115.084); Butte Creek (45.878, -115.248);
Fivemile Creek (45.953, -115.310); Little Boulder Creek (45.935, -
115.293); Meadow Creek (45.882, -115.218).
(xiii) O'Hara Creek Watershed 1706030214. Outlet(s) = OHara Creek
(Lat 46.08603027, Long -115.5170987) upstream to endpoint(s) in: East
Fork OHara Creek (45.995, -115.521); West Fork O'Hara Creek (45.995, -
115.543).
(20) Lochsa Subbasin 17060303--(i) Lower Lochsa River Watershed
1706030301. Outlet(s) = Lochsa River (Lat 46.14004554, Long -
115.5986467) upstream to endpoint(s) in: Canyon Creek (46.227, -
115.580); Coolwater Creek (46.215, -115.464); Deadman Creek (46.262, -
115.517); East Fork Deadman Creek (46.275, -115.505); Fire Creek
(46.203, -115.411); Kerr Creek (46.162, -115.579); Lochsa River (46.338,
-115.314); Nut Creek (46.180, -115.601); Pete King Creek (46.182, -
115.697); Placer Creek (46.196, -115.631); South Fork Canyon Creek
(46.211, -115.556); Split Creek (46.207, -115.364); Walde Creek (46.193,
-115.662).
(ii) Fish Creek Watershed 1706030302. Outlet(s) = Fish Creek (Lat
46.33337703, Long -115.3449332) upstream to endpoint(s) in: Alder Creek
(46.319, -115.460); Ceanothus Creek (46.341, -115.470); Fish Creek
(46.341, -115.575); Frenchman Creek (46.330, -115.544); Gass Creek
(46.390, -115.511); Ham Creek (46.391, -115.365); Hungery Creek (46.377,
-115.542); Myrtle Creek (46.343, -115.569); Poker Creek (46.346, -
115.447); Willow Creek (46.396, -115.369).
(iii) Lochsa River/Stanley Creek Watershed 1706030303. Outlet(s) =
Lochsa River (Lat 46.33815653, Long
[[Page 400]]
-115.3141495) upstream to endpoint(s) in: Bald Mountain Creek (46.406, -
115.254); Dutch Creek (46.377, -115.211); Eagle Mountain Creek (46.428,
-115.130); Indian Grave Creek (46.472, -115.103); Indian Meadow Creek
(46.450, -115.060); Lochsa River (46.466, -114.985); Lost Creek (46.432,
-115.116); Sherman Creek (46.352, -115.320); Stanley Creek (46.387, -
115.144); Unnamed (46.453, -115.028); Unnamed (46.460, -115.006);
Unnamed (46.502, -115.050); Weir Creek (46.490, -115.035).
(iv) Lochsa River/Squaw Creek Watershed 1706030304. Outlet(s) =
Lochsa River (Lat 46.4656626, Long -114.9848623) upstream to endpoint(s)
in: Badger Creek (46.535, -114.833); Bear Mtn. Creek (46.471, -114.962);
Cliff Creek (46.482, -114.708); Colgate Creek (46.455, -114.914); Doe
Creek (46.534, -114.914); East Fork Papoose Creek (46.555, -114.743);
Jay Creek (46.513, -114.739); Lochsa River (46.508, -114.681);
Postoffice Creek (46.529, -114.948); Squaw Creek (46.567, -114.859);
Unnamed (46.463, -114.923); Wendover Creek (46.521, -114.788); West Fork
Papoose Creek (46.576, -114.758); West Fork Postoffice Creek (46.493, -
114.985); West Fork Squaw Creek (46.545, -114.884).
(v) Lower Crooked Fork Watershed 1706030305. Outlet(s) = Crooked
Fork Lochsa River (Lat 46.50828495, Long -114.680785) upstream to
endpoint(s) in: Crooked Fork Lochsa River (46.578, -114.612).
(vi) Upper Crooked Fork Watershed 1706030306. Outlet(s) = Crooked
Fork Lochsa River (Lat 46.57831788, Long -114.6115072) upstream to
endpoint(s) in: Boulder Creek (46.636, -114.703); Crooked Fork Lochsa
River (46.653, -114.670); Haskell Creek (46.605, -114.596); Shotgun
Creek (46.601, -114.667).
(vii) Brushy Fork Watershed 1706030307. Outlet(s) = Brushy Fork (Lat
46.57831788, Long -114.6115072) upstream to endpoint(s) in: Brushy Fork
(46.619, -114.450); Pack Creek (46.580, -114.588); Spruce Creek (46.609,
-114.433).
(viii) Lower White Sands Creek Watershed 1706030308. Outlet(s) =
White Sands Creek (Lat 46.50828495, Long -114.680785) upstream to
endpoint(s) in: Beaver Creek (46.509, -114.619); Cabin Creek (46.518, -
114.641); Walton Creek (46.500, -114.673); White Sands Creek (46.433, -
114.540).
(ix) Storm Creek Watershed 1706030309. Outlet(s) = Storm Creek (Lat
46.46307502, Long -114.5482819) upstream to endpoint(s) in: Maud Creek
(46.495, -114.511); Storm Creek (46.540, -114.424).
(x) Upper White Sands Creek Watershed 1706030310. Outlet(s) = White
Sands Creek (Lat 46.4330966, Long -114.5395027) upstream to endpoint(s)
in: Big FCreek (46.401, -114.475); Big SCreek (46.407, -114.534); Colt
Creek (46.403, -114.726); White Sands Creek (46.422, -114.462).
(xi) Warm Springs Creek Watershed 1706030311. Outlet(s) = Warm
Springs Creek (Lat 46.4733796, Long -114.8872254) upstream to
endpoint(s) in: Cooperation Creek (46.453, -114.866); Warm Springs Creek
(46.426, -114.868).
(xii) Fish Lake Creek Watershed 1706030312. Outlet(s) = Fish Lake
Creek (Lat 46.46336343, Long -114.9957028) upstream to endpoint(s) in:
Fish Lake Creek (46.405, -115.000); Heslip Creek (46.393, -115.027);
Sponge Creek (46.384, -115.048).
(xiii) Boulder Creek Watershed 1706030313. Outlet(s) = Boulder Creek
(Lat 46.33815653, Long -115.3141495) upstream to endpoint(s) in: Boulder
Creek (46.320, -115.199).
(xiv) Old Man Creek Watershed 1706030314. Outlet(s) = Old Man Creek
(Lat 46.2524595, Long -115.3988563) upstream to endpoint(s) in: Old Man
Creek (46.256, -115.343).
(21) Middle Fork Clearwater Subbasin 17060304--(i) Middle Fork
Clearwater River/Maggie Creek Watershed 1706030401. Outlet(s) = Middle
Fork Clearwater River (Lat 46.1459, Long -115.9797) upstream to
endpoint(s) in: Maggie Creek (46.195, -115.801); Middle Fork Clearwater
River (46.140, -115.599).
(ii) Clear Creek Watershed 1706030402. Outlet(s) = Clear Creek (Lat
46.1349, Long -115.9515) upstream to endpoint(s) in: Browns Spring Creek
(46.067, -115.658); Clear Creek (46.056, -115.659); Kay Creek (46.005, -
115.725); Middle Fork Clear Creek (46.030, -115.739); Pine Knob Creek
(46.093, -115.702); South Fork Clear Creek (45.941, -115.769); West Fork
Clear Creek (46.013, -115.821).
(22) South Fork Clearwater Subbasin 17060305--(i) Lower South Fork
Clearwater River Watershed 1706030501. Outlet(s) = South Fork Clearwater
River (Lat 46.1459, Long -115.9797) upstream to endpoint(s) in: Butcher
Creek (45.945,
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-116.064); Castle Creek (45.834, -115.966); Earthquake Creek (45.853, -
116.005); Green Creek (45.957, -115.937); Lightning Creek (45.936, -
115.946); Mill Creek (45.934, -116.010); Rabbit Creek (46.028, -
115.877); Sally Ann Creek (46.019, -115.893); Schwartz Creek (45.914, -
116.000); South Fork Clearwater River (45.830, -115.931); Wall Creek
(45.998, -115.926).
(ii) South Fork Clearwater River/Meadow Creek Watershed 1706030502.
Outlet(s) = South Fork Clearwater River (Lat 45.8299, Long -115.9312)
upstream to endpoint(s) in: Covert Creek (45.890, -115.933); North
Meadow Creek (45.923, -115.890); South Fork Clearwater River (45.824, -
115.889); Storm Creek (45.952, -115.848); Whitman Creek (45.914, -
115.919).
(iii) South Fork Clearwater River/Peasley Creek Watershed
1706030503. Outlet(s) = South Fork Clearwater River (Lat 45.8239, Long -
115.8892) upstream to endpoint(s) in: South Fork Clearwater River
(45.795, -115.763).
(iv) South Fork Clearwater River/Leggett Creek Watershed 1706030504.
Outlet(s) = South Fork Clearwater River (Lat 45.7952, Long -115.7628)
upstream to endpoint(s) in: Allison Creek (45.832, -115.588); Buckhorn
Creek (45.807, -115.658); Fall Creek (45.833, -115.696); Leggett Creek
(45.862, -115.685); Maurice Creek (45.856, -115.514); Moose Creek
(45.835, -115.578); Rabbit Creek (45.822, -115.603); Santiam Creek
(45.811, -115.624); South Fork Clearwater River (45.808, -115.474);
Twentymile Creek (45.791, -115.765); Whiskey Creek (45.869, -115.544).
(v) Newsome Creek Watershed 1706030505. Outlet(s) = Newsome Creek
(Lat 45.8284, Long -115.6147) upstream to endpoint(s) in: Baldy Creek
(45.944, -115.681); Bear Creek (45.887, -115.580); Beaver Creek (45.943,
-115.568); Haysfork Creek (45.953, -115.678); Mule Creek (45.985, -
115.606); Newsome Creek (45.972, -115.654); Nuggett Creek (45.897, -
115.600); Pilot Creek (45.939, -115.716); Sawmill Creek (45.904, -
115.701); Sing Lee Creek (45.898, -115.677); West Fork Newsome Creek
(45.880, -115.661).
(vi) American River Watershed 1706030506. Outlet(s) = American River
(Lat 45.8082, Long -115.4740) upstream to endpoint(s) in: American River
(45.996, -115.445); Big Elk Creek (45.902, -115.513); Box Sing Creek
(45.850, -115.386); Buffalo Gulch (45.873, -115.522); East Fork American
River (45.905, -115.381); Flint Creek (45.913, -115.423); Kirks Fork
American River (45.842, -115.385); Lick Creek (45.945, -115.477); Little
Elk Creek (45.894, -115.476); Monroe Creek (45.871, -115.495); Unnamed
(45.884, -115.510); West Fork American River (45.934, -115.510); West
Fork Big Elk Creek (45.883, -115.515).
(vii) Red River Watershed 1706030507. Outlet(s) = Red River (Lat
45.8082, Long -115.4740) upstream to endpoint(s) in: Bridge Creek
(45.814, -115.163); Campbell Creek (45.792, -115.486); Dawson Creek
(45.728, -115.393); Deadwood Creek (45.794, -115.471); Ditch Creek
(45.7941, -115.2923); Jungle Creek (45.710, -115.286); Little Campbell
Creek (45.801, -115.478); Little Moose Creek (45.710, -115.399); Moose
Butte Creek (45.695, -115.365); Otterson Creek (45.803, -115.222); Red
Horse Creek (45.822, -115.355); Red River (45.788, -115.174); Siegel
Creek (45.800, -115.323); Soda Creek (45.741, -115.257); South Fork Red
River (45.646, -115.407); Trail Creek (45.784, -115.265); Trapper Creek
(45.672, -115.311); Unnamed (45.788, -115.199); West Fork Red River
(45.662, -115.447).
(viii) Crooked River Watershed 1706030508. Outlet(s) = Crooked River
(Lat 45.8241, Long -115.5291) upstream to endpoint(s) in: American Creek
(45.7159, -115.9679); East Fork Crooked River (45.655, -115.562); East
Fork Relief Creek (45.7363, -115.4511); Fivemile Creek (45.721, -
115.568); Quartz Creek (45.702, -115.536); Relief Creek (45.712, -
115.472); Silver Creek (45.713, -115.535); Trout Creek (45.6876, -
115.9463); West Fork Crooked River (45.666, -115.596).
(ix) Ten Mile Creek Watershed 1706030509. Outlet(s) = Tenmile Creek
(Lat 45.8064, Long -115.6833) upstream to endpoint(s) in: Mackey Creek
(45.754, -115.683); Morgan Creek (45.731, -115.672); Sixmile Creek
(45.762, -115.641); Tenmile Creek (45.694, -115.694); Williams Creek
(45.703, -115.636).
(x) John's Creek Watershed 1706030510. Outlet(s) = Johns Creek (Lat
45.8239, Long -115.8892) upstream to endpoint(s) in: American Creek
(45.750, -115.961); Frank Brown Creek (45.708, -115.785); Gospel Creek
(45.637, -115.915); Johns Creek (45.665, -115.827); Trout Creek
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(45.750, -115.909); West Fork Gospel Creek (45.657, -115.949).
(xi) Mill Creek Watershed 1706030511. Outlet(s) = Mill Creek (Lat
45.8299, Long -115.9312) upstream to endpoint(s) in: Adams Creek
(45.6556, -116.0408); Camp Creek (45.6613, -115.9820); Corral Creek
(45.6719, -115.9779); Hunt Creek (45.6768, -115.9640); Mill Creek
(45.641, -116.008); Unnamed (45.6964, -115.9641).
(xii) Cottonwood Creek Watershed 1706030513. Outlet(s) = Cottonwood
Creek (Lat 46.0810, Long -115.9764) upstream to endpoint(s) in:
Cottonwood Creek (46.0503, -116.1109); Red Rock Creek (46.0807, -
116.1579).
(23) Clearwater Subbasin 17060306--(i) Lower Clearwater River
Watershed 1706030601. Outlet(s) = Clearwater River (Lat 46.4281, Long -
117.0380) upstream to endpoint(s) in: Clearwater River (46.447, -
116.837).
(ii) Clearwater River/Lower Potlatch River Watershed 1706030602.
Outlet(s) = Clearwater River (Lat 46.4467, Long -116.8366) upstream to
endpoint(s) in: Catholic Creek (46.489, -116.841); Clearwater River
(46.474, -116.765); Howard Gulch (46.4976, -116.7791); Little Potlatch
Creek (46.6322, -116.8320); Potlatch River (46.523, -116.728).
(iii) Potlatch River/Middle Potlatch Creek Watershed 1706030603.
Outlet(s) = Potlatch River (Lat 46.5231, Long -116.7284) upstream to
endpoint(s) in: Middle Potlatch Creek (46.669, -116.796); Potlatch River
(46.583, -116.700).
(iv) Lower Big Bear Creek Watershed 1706030604. Outlet(s) = Big Bear
Creek (Lat 46.6180, Long -116.6439) upstream to endpoint(s) in: Big Bear
Creek (46.7145, -116.6632); Little Bear Creek (46.7360, -116.7010), West
Fork Little Bear Creek (46.7413, -116.7789).
(v) Upper Big Bear Creek 1706030605. Outlet(s) = Big Bear Creek (Lat
46.7145, Long -116.6632) upstream to endpoint(s) in: East Fork Big Bear
Creek (46.8141, -116.5984).
(vi) Potlatch River/Pine Creek Watershed 1706030606. Outlet(s) =
Potlatch River (Lat 46.5830, Long -116.6998) upstream to endpoint(s) in:
Boulder Creek (46.711, -116.450); Leopold Creek (46.6547, -116.4407);
Pine Creek (46.706, -116.554); Potlatch River (46.699, -116.504).
(vii) Upper Potlatch River Watershed 1706030607. Outlet(s) =
Potlatch River (Lat 46.6987, Long -116.5036) upstream to endpoint(s) in:
Corral Creek (46.8012, -116.4746); East Fork Potlatch River (46.876, -
116.247); Feather Creek (46.938, -116.411); Head Creek (46.942, -
116.366); Little Boulder Creek (46.768, -116.414); Nat Brown Creek
(46.911, -116.375); Pasture Creek (46.940, -116.371); Porcupine Creek
(46.937, -116.379); Potlatch River (46.941, -116.359); Ruby Creek
(46.7992, -116.3037); Unnamed (46.8938, -116.3617); Unnamed (46.922, -
116.449); West Fork Potlatch River (46.931, -116.458).
(viii) Clearwater River/Bedrock Creek Watershed 1706030608.
Outlet(s) = Clearwater River (Lat 46.4741, Long -116.7652) upstream to
endpoint(s) in: Bedrock Creek (46.5738, -116.5000); Clearwater River
(46.516, -116.590); Louse Creek ( 46.5380, -116.4411); Pine Creek
(46.579, -116.615).
(ix) Clearwater River/Jack's Creek Watershed 1706030609. Outlet(s) =
Clearwater River (Lat 46.5159, Long -116.5903) upstream to endpoint(s)
in: Clearwater River (46.498, -116.433); Jacks Creek (46.435, -116.462).
(x) Big Canyon Creek Watershed 1706030610. Outlet(s) = Big Canyon
Creek (Lat 46.4984, Long -116.4326) upstream to endpoint(s) in: Big
Canyon Creek (46.2680, -116.5396); Cold Springs Creek (46.2500, -
116.5210); Posthole Canyon (46.318, -116.450); Sixmile Canyon (46.372, -
116.441); Unnamed (46.3801, -116.3750).
(xi) Little Canyon Creek Watershed 1706030611. Outlet(s) = Little
Canyon Creek (Lat 46.4681, Long -116.4172) upstream to endpoint(s) in:
Little Canyon Creek (46.295, -116.279).
(xii) Clearwater River/Lower Orofino Creek Watershed 1706030612.
Outlet(s) = Clearwater River (Lat 46.4984, Long -116.4326) upstream to
endpoint(s) in: Clearwater River (46.476, -116.254); Orofino Creek
(46.485, -116.196); Whiskey Creek (46.5214, -116.1753).
(xiii) Jim Ford Creek Watershed 1706030614. Outlet(s) = Jim Ford
Creek (Lat 46.4394, Long -116.2115) upstream to endpoint(s) in: Jim Ford
Creek (46.3957, -115.9570).
(xiv) Lower Lolo Creek Watershed 1706030615. Outlet(s) = Lolo Creek
(Lat 46.3718, Long -116.1697) upstream to endpoint(s) in: Big Creek
(46.392, -116.118); Lolo Creek (46.284, -115.882), Schmidt Creek
(46.3617, -116.0426).
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(xv) Middle Lolo Creek Watershed 1706030616. Outlet(s) = Lolo Creek
(Lat 46.2844, Long -115.8818) upstream to endpoint(s) in: Crocker Creek
(46.254, -115.859); Lolo Creek (46.381, -115.708); Mud Creek (46.274, -
115.759); Nevada Creek (46.322, -115.735); Pete Charlie Creek (46.289, -
115.823); Yakus Creek (46.238, -115.763).
(xvi) Musselshell Creek Watershed 1706030617. Outlet(s) = Jim Brown
Creek (Lat 46.3098, Long -115.7531) upstream to endpoint(s) in: Gold
Creek (46.376, -115.735); Jim Brown Creek (46.357, -115.790);
Musselshell Creek (46.394, -115.744).
(xvii) Upper Lolo Creek Watershed 1706030618. Outlet(s) = Lolo Creek
(Lat 46.3815, Long -115.7078) upstream to endpoint(s) in: Camp Creek
(46.416, -115.624); Lolo Creek (46.425, -115.648); Max Creek (46.384, -
115.679); Relaskon Creek (46.394, -115.647); Siberia Creek (46.384, -
115.707); Yoosa Creek (46.408, -115.589).
(xviii) Eldorado Creek Watershed 1706030619. Outlet(s) = Eldorado
Creek (Lat 46.2947, Long -115.7500) upstream to endpoint(s) in: Cedar
Creek (46.298, -115.711); Dollar Creek (46.301, -115.640); Eldorado
Creek (46.300, -115.645); Four Bit Creek (46.294, -115.644).
(xix) Clearwater River/Fivemile Creek Watershed 1706030620.
Outlet(s) = Clearwater River (Lat 46.4759, Long -116.2543) upstream to
endpoint(s) in: Clearwater River (46.350, -116.154); Fivemile Creek
(46.3473, -116.1859).
(xx) Clearwater River/Sixmile Creek Watershed 1706030621. Outlet(s)
= Clearwater River (Lat 46.3500, Long -116.1541) upstream to endpoint(s)
in: Clearwater River (46.257, -116.067); Sixmile Creek (46.269, -
116.213).
(xxi) Clearwater River/Tom Taha Creek Watershed 1706030622.
Outlet(s) = Clearwater River (Lat 46.2565, Long -116.067) upstream to
endpoint(s) in: Clearwater River (46.146, -115.980); Tom Taha Creek
(46.244, -115.993).
(xxii) Lower Lawyer Creek Watershed 1706030623. Outlet(s) = Lawyer
Creek (Lat 46.2257, Long -116.0116) upstream to endpoint(s) in: Lawyer
Creek (46.155, -116.190), Sevenmile Creek (46.1498, -116.0838).
(xxiii) Middle Lawyer Creek Watershed 1706030624. Outlet(s) = Lawyer
Creek (Lat 46.1546, Long -116.1899) upstream to endpoint(s) in: Lawyer
Creek (46.188, -116.380).
(xxiv) Cottonwood Creek Watershed 1706030627. Outlet(s) = Cottonwood
Creek (Lat 46.5023, Long -116.7127) upstream to endpoint(s) in:
Cottonwood Creek (46.387, -116.622), Coyote Creek (46.4622, -116.6377),
Magpie Creek (46.4814, -116.6643).
(xxv) Upper Lapwai Creek Watershed 1706030628. Outlet(s) = Lapwai
Creek (Lat 46.3674, Long -116.7352) upstream to endpoint(s) in: Lapwai
Creek (46.2961, -116.5955); Unnamed (46.3346, -116.5794).
(xxvi) Mission Creek Watershed 1706030629. Outlet(s) = Mission Creek
(Lat 46.3674, Long -116.73525) upstream to endpoint(s) in: Mission Creek
(46.2724, -116.6949); Rock Creek (46.3048, -116.6250).
(xxvii) Upper Sweetwater Creek Watershed 1706030630. Outlet(s) =
Webb Creek (Lat 46.3310, Long -116.8369) upstream to endpoint(s) in:
Sweetwater Creek (46.2751, -116.8513); Webb Creek (46.2338, -116.7500).
(xxviii) Lower Sweetwater Creek Watershed 1706030631. Outlet(s) =
Lapwai Creek (Lat 46.4512, Long -116.8182) upstream to endpoint(s) in:
Lapwai Creek (46.364, -116.750); Sweetwater Creek (46.331, -116.837);
Tom Beall Creek (46.4240, -116.7822).
(24) Lower Snake/Columbia River Corridor--Lower Snake/Columbia River
Corridor. Outlet(s) = Columbia River mouth (Lat 46.2485, Long -124.0782)
upstream to endpoint at the confluence of the Palouse River (46.589, -
117.215).
(25) Maps of critical habitat for the Snake River Basin Steelhead
ESU follow:
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(r) Middle Columbia River Steelhead (Oncorhynchus mykiss). Critical
habitat is designated to include the areas defined in the following
subbasins:
(1) Upper Yakima Subbasin 17030001--(i) Upper Yakima River Watershed
1703000101. Outlet(s) = Yakima River (Lat 47.1770, Long -120.9964)
upstream to endpoint(s) in: Big Creek (47.1951, -121.1181); Cabin Creek
(47.2140, -121.2400); Cle Elum River (47.2457, -121.0729); Kachess River
(47.2645,
[[Page 429]]
-121.2062); Little Creek (47.2002, -121.0842); Peterson Creek (47.1765,
-121.0592); Tucker Creek (47.2202, -121.1639); Yakima River (47.3219, -
121.3371).
(ii) Teanaway River Watershed 1703000102. Outlet(s) = Yakima River
(Lat 47.1673, Long -120.8338) upstream to endpoint(s) in: Bear Creek
(47.3684, -120.7902); DeRoux Creek (47.4202, -120.9477); Dickey Creek
(47.2880, -120.8322); Indian Creek (47.3216, -120.8145); Jack Creek
(47.3414, -120.8130); Jungle Creek (47.3453, -120.8951); Mason Creek
(47.2528, -120.7889); Middle Creek (47.2973, -120.8204); Middle Fork
Teanaway River (47.3750, -120.9800); Standup Creek (47.3764, -120.8362);
Tillman Creek (47.1698, -120.9798); Unnamed (47.2809, -120.8995); West
Fork Teanaway River (47.3040, -121.0179); Yakima River (47.1770, -
120.9964).
(iii) Middle Upper Yakima River Watershed 1703000103. Outlet(s) =
Yakima River (Lat 46.8987, Long -120.5035) upstream to endpoint(s) in:
Badger Creek (46.9305, -120.4805); Coleman Creek (46.9636, -120.4764);
Cooke Creek (46.9738, -120.4381); Dry Creek (47.0366, -120.6122); First
Creek (47.2082, -120.6732); Iron Creek (47.3495, -120.7032); Manastash
Creek (46.9657, -120.7347); Naneum Creek (46.9561, -120.4987); North
Fork Taneum Creek (47.1224, -121.0396); Reecer Creek (47.0066, -
120.5817); South Fork Taneum Creek (47.0962, -120.9713); Swauk Creek
(47.3274, -120.6586); Unnamed (46.9799, -120.5407); Unnamed (47.0000, -
120.5524); Unnamed (47.0193, -120.5676); Williams Creek (47.2638, -
120.6513); Wilson Creek (46.9931, -120.5497); Yakima River (47.1673, -
120.8338).
(iv) Umtanum/Wenas Watershed 1703000104. Outlet(s) = Yakima River
(Lat 46.6309, Long -120.5130) upstream to endpoint(s) in: Burbank Creek
(46.7663, -120.4238); Lmuma Creek (46.8224, -120.4510); Umtanum Creek
(46.8928, -120.6130); Wenas Creek (46.7087, -120.5179); Yakima River
(46.8987, -120.5035).
(2) Naches Subbasin 17030002--(i) Little Naches River Watershed
1703000201. Outlet(s) = Little Naches River (Lat 46.9854, Long -
121.0915) upstream to endpoint(s) in: American River (46.9008, -
121.4194); Barton Creek (46.8645, -121.2869); Bear Creek (47.0793, -
121.2415); Blowout Creek (47.0946, -121.3046); Crow Creek (47.0147, -
121.3241); Goat Creek (46.9193, -121.2269); Kettle Creek (46.9360, -
121.3262); Mathew Creek (47.0829, -121.1944); Miner Creek (46.9542, -
121.3074); Morse Creek (46.9053, -121.4131); North Fork Little Naches
River (47.0958, -121.3141); Parker Creek (46.9589, -121.2900); Pinus
Creek (46.9682, -121.2766); Quartz Creek (47.0382, -121.1128); Scab
Creek (46.8969, -121.2459); South Fork Little Naches River (47.0574, -
121.2760); Sunrise Creek (46.9041, -121.2448); Survey Creek (46.9435, -
121.3296); Timber Creek (46.9113, -121.3822); Union Creek (46.9366, -
121.3596); Unnamed (46.8705, -121.2809); Unnamed (46.8741, -121.2956);
Unnamed (46.8872, -121.2811); Unnamed (46.8911, -121.2816); Unnamed
(46.9033, -121.4162); Unnamed (46.9128, -121.2286); Unnamed (46.9132, -
121.4058); Unnamed (46.9158, -121.3710); Unnamed (46.9224, -121.2200);
Unnamed (46.9283, -121.3484); Unnamed (46.9302, -121.2103); Unnamed
(46.9339, -121.1970); Unnamed (46.9360, -121.3482); Unnamed (46.9384, -
121.3200); Unnamed (46.9390, -121.1898); Unnamed (46.9396, -121.3404);
Unnamed (46.9431, -121.3088); Unnamed (46.9507, -121.2894); Unnamed
(47.0774, -121.3092); Wash Creek (46.9639, -121.2810).
(ii) Naches River/Rattlesnake Creek Watershed 1703000202. Outlet(s)
= Naches River (Lat 46.7467, Long -120.7858) upstream to endpoint(s) in:
Glass Creek (46.8697, -121.0974); Gold Creek (46.9219, -121.0464);
Hindoo Creek (46.7862, -121.1689); Little Rattlesnake Creek (46.7550, -
121.0543); Lost Creek (46.9200, -121.0568); Naches River (46.9854, -
121.0915); North Fork Rattlesnake Creek (46.8340, -121.1439);
Rattlesnake Creek (46.7316, -121.2339); Rock Creek (46.8847, -120.9718).
(iii) Naches River/Tieton River Watershed 1703000203. Outlet(s) =
Naches River (Lat 46.6309, Long -120.5130) upstream to endpoint(s) in:
Naches River (46.7467, -120.7858); Oak Creek (46.7295, -120.9348); South
Fork Cowiche Creek (46.6595, -120.7601); Tieton River (46.6567, -
121.1287); Unnamed (46.6446, -120.5923); Wildcat Creek (46.6715, -
121.1520).
(3) Lower Yakima Subbasin 17030003--(i) Ahtanum Creek Watershed
1703000301. Outlet(s) = Ahtanum Creek (Lat 46.5283, Long -120.4732)
upstream to
[[Page 430]]
endpoint(s) in: Foundation Creek (46.5349, -121.0134); Middle Fork
Ahtanum Creek (46.5075, -121.0225); Nasty Creek (46.5718, -120.9721);
North Fork Ahtanum Creek (46.5217, -121.0917); South Fork Ahtanum Creek
(46.4917, -120.9590); Unnamed (46.5811, -120.6390).
(ii) Upper Lower Yakima River Watershed 1703000302. Outlet(s) =
Yakima River (Lat 46.5283, Long -120.4732) upstream to endpoint(s) in:
Unnamed (46.5460, -120.4383); Yakima River (46.6309, -120.5130).
(iii) Upper Toppenish Creek Watershed 1703000303. Outlet(s) =
Toppenish Creek (Lat 46.3767, Long -120.6172) upstream to endpoint(s)
in: Agency Creek (46.3619, -120.9646); Branch Creek (46.2958, -
120.9969); North Fork Simcoe Creek (46.4548, -120.9307); North Fork
Toppenish Creek (46.3217, -120.9985); Old Maid Canyon (46.4210, -
120.9349); South Fork Toppenish Creek (46.2422, -121.0885); Toppenish
Creek (46.3180, -121.1387); Unnamed (46.3758, -120.9336); Unnamed
(46.4555, -120.8436); Wahtum Creek (46.3942, -120.9146); Willy Dick
Canyon (46.2952, -120.9021).
(iv) Lower Toppenish Creek Watershed 1703000304. Outlet(s) = Yakima
River (Lat 46.3246, Long -120.1671) upstream to endpoint(s) in:
Toppenish Creek (46.3767, -120.6172); Unnamed (46.3224, -120.4464);
Unnamed (46.3363, -120.5891); Unnamed (46.3364, -120.2288); Unnamed
(46.3679, -120.2801); Unnamed (46.4107, -120.5582); Unnamed (46.4379, -
120.4258); Yakima River (46.5283, -120.4732).
(v) Satus Creek Watershed 1703000305. Outlet(s) = Satus Creek (Lat
46.2893, Long -120.1972) upstream to endpoint(s) in: Bull Creek
(46.0314, -120.5147); Kusshi Creek (46.0994, -120.6094); Logy Creek
(46.1357, -120.6389); Mule Dry Creek (46.0959, -120.3186); North Fork
Dry Creek (46.1779, -120.7669); Satus Creek (46.0185, -120.7268);
Unnamed (46.0883, -120.5278); Wilson Charley Canyon (46.0419, -
120.6479).
(vi) Yakima River/Spring Creek Watershed 1703000306. Outlet(s) =
Yakima River (Lat 46.3361, Long -119.4817) upstream to endpoint(s) in:
Corral Creek (46.2971, -119.5302); Satus Creek (46.2893, -120.1972);
Snipes Creek (46.2419, -119.6802); Spring Creek (46.2359, -119.6952);
Unnamed (46.2169, -120.0189); Unnamed (46.2426, -120.0993); Unnamed
(46.2598, -120.1322); Unnamed (46.2514, -120.0190); Yakima River
(46.3246, -120.1671).
(vii) Yakima River/Cold Creek Watershed 1703000307. Outlet(s) =
Yakima River (Lat 46.2534, Long -119.2268) upstream to endpoint(s) in:
Yakima River (46.3361, -119.4817).
(4) Middle Columbia/Lake Wallula Subbasin 17070101--(i) Upper Lake
Wallula Watershed 1707010101. Outlet(s) = Columbia River (Lat 46.0594,
Long -118.9445) upstream to endpoint(s) in: Columbia River (46.1776, -
119.0183).
(ii) Lower Lake Wallula Watershed 1707010102. Outlet(s) = Columbia
River (Lat 45.9376, Long -119.2969) upstream to endpoint(s) in: Columbia
River (46.0594, -118.9445).
(iii) Glade Creek Watershed 1707010105. Outlet(s) = Glade Creek (Lat
45.8895, Long -119.6809) upstream to endpoint(s) in: Glade Creek
(45.8978, -119.6962).
(iv) Upper Lake Umatilla Watershed 1707010106. Outlet(s) = Columbia
River (Lat 45.8895, Long -119.6809) upstream to endpoint(s) in: Columbia
River (45.9376, -119.2969).
(v) Middle Lake Umatilla Watershed 1707010109. Outlet(s) = Columbia
River (Lat 45.8318, Long -119.9069) upstream to endpoint(s) in: Columbia
River (45.8895, -119.6809).
(vi) Alder Creek Watershed 1707010110. Outlet(s) = Alder Creek (Lat
45.8298, Long -119.9277) upstream to endpoint(s) in: Alder Creek
(45.8668, -119.9224).
(vii) Pine Creek Watershed 1707010111. Outlet(s) = Pine Creek (Lat
45.7843, Long -120.0823) upstream to endpoint(s) in: Pine Creek
(45.8234, -120.1396).
(viii) Wood Gulch Watershed 1707010112. Outlet(s) = Wood Creek (Lat
45.7443, Long -120.1930) upstream to endpoint(s) in: Big Horn Canyon
(45.8322, -120.2467); Wood Gulch (45.8386, -120.3006).
(ix) Rock Creek Watershed 1707010113. Outlet(s) = Rock Creek (Lat
45.6995, Long -120.4597) upstream to endpoint(s) in: Rock Creek
(45.8835, -120.5557); Squaw Creek (45.8399, -120.4935).
(x) Lower Lake Umatilla Watershed 1707010114. Outlet(s) = Columbia
River (Lat 45.7168, Long -120.6927) upstream to endpoint(s) in: Chapman
Creek (45.7293, -120.3148); Columbia River (45.8318, -119.9069).
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(5) Walla Walla Subbasin 17070102--(i) Upper Walla Walla River
Watershed 1707010201. Outlet(s) = Walla Walla River (Lat 45.9104, Long -
118.3696) upstream to endpoint(s) in: Bear Creek (45.8528, -118.0991);
Big Meadow Canyon (45.900, -118.1116); Burnt Cabin Gulch (45.8056, -
118.0593); Couse Creek (45.8035, -118.2032); Elbow Creek (45.7999, -
118.1462); Kees Canyon (45.8262, -118.0927); Little Meadow Canyon
(45.9094, -118.1333); North Fork Walla Walla River (45.9342, -118.0169);
Reser Creek (45.8840, -117.9950); Rodgers Gulch (45.8513, -118.0839);
Skiphorton Creek (45.8892, -118.0255); South Fork Walla Walla River
(45.9512, -117.9647); Swede Canyon (45.8506, -118.0640); Table Creek
(45.8540, -118.0546); Unnamed (45.8026, -118.1412); Unnamed (45.8547, -
117.9915); Unnamed (45.8787-118.0387); Unnamed (45.8868, -117.9629);
Unnamed (45.9095, -117.9621).
(ii) Mill Creek Watershed 1707010202. Outlet(s) = Mill Creek (Lat
46.0391, Long -118.4779) upstream to endpoint(s) in: Blue Creek
(46.0188, -118.0519); Broken Creek (45.9745, -117.9899); Cold Creek
(46.0540, -118.4097); Deadman Creek (46.0421, -117.9503); Doan Creek
(46.0437, -118.4353); Green Fork (46.0298, -117.9389); Henry Canyon
(45.9554, -118.1104); Low Creek (45.9649, -117.9980); Mill Creek
(46.0112, -117.9406); North Fork Mill Creek (46.0322, -117.9937);
Paradise Creek (46.0005, -117.9900); Tiger Creek (45.9588, -118.0253);
Unnamed (46.0253, -117.9320); Unnamed (46.0383, -117.9463); Webb Creek
(45.9800, -118.0875).
(iii) Upper Touchet River Watershed 1707010203. Outlet(s) = Touchet
River (Lat 46.3196, Long -117.9841) upstream to endpoint(s) in: Burnt
Fork (46.0838, -117.9311); Coates Creek (46.1585, -117.8431); Green Fork
(46.0737, -117.9712); Griffin Fork (46.1100, -117.9336); Ireland Gulch
(46.1894, -117.8070); Jim Creek (46.2156, -117.7959); Lewis Creek
(46.1855, -117.7791); North Fork Touchet River (46.0938, -117.8460);
North Patit Creek (46.3418, -117.7538); Robinson Fork (46.1200, -
117.9006); Rodgers Gulch (46.2813, -117.8411); Spangler Creek (46.1156,
-117.7934); Unnamed (46.1049, -117.9351); Unnamed (46.1061, -117.9544);
Unnamed (46.1206, -117.9386); Unnamed (46.1334, -117.9512); Unnamed
(46.1604, -117.9018); Unnamed (46.2900, -117.7339); Weidman Gulch
(46.2359, -117.8067); West Patit Creek (46.2940, -117.7164); Whitney
Creek (46.1348, -117.8491); Wolf Fork (46.1035, -117.8797).
(iv) Middle Touchet River Watershed 1707010204. Outlet(s) = Touchet
River (Lat 46.2952, Long -118.3320) upstream to endpoint(s) in: North
Fork Coppei Creek (46.1384, -118.0181); South Fork Coppei Creek
(46.1302, -118.0608); Touchet River (46.3196, -117.9841); Whisky Creek
(46.2438, -118.0785).
(v) Lower Touchet River Watershed 1707010207. Outlet(s) = Touchet
River (Lat 46.0340, Long -118.6828) upstream to endpoint(s) in: Touchet
River (46.2952, -118.3320).
(vi) Cottonwood Creek Watershed 1707010208. Outlet(s) = Walla Walla
River (Lat 46.0391, Long -118.4779) upstream to endpoint(s) in: Birch
Creek (45.9489, -118.2541); Caldwell Creek (46.0493, -118.3022); East
Little Walla Walla River (46.0009, -118.4069); Garrison Creek (46.0753,
-118.2726); Middle Fork Cottonwood Creek (45.9566, -118.1776); North
Fork Cottonwood Creek (45.9738, -118.1533); Reser Creek (46.0370, -
118.3085); Russell Creek (46.0424, -118.2488); South Fork Cottonwood
Creek (45.9252, -118.1798); Stone Creek (46.0618, -118.3081); Unnamed
(45.9525, -118.2513); Unnamed (46.0022, -118.4070); Walla Walla River
(45.9104, -118.3696); Yellowhawk Creek (46.0753, -118.2726).
(vii) Dry Creek Watershed 1707010210. Outlet(s) = Dry Creek (Lat
46.0507, Long -118.5932) upstream to endpoint(s) in: Dry Creek (46.0725,
-118.0268); Mud Creek (46.1414, -118.1313); South Fork Dry Creek
(46.0751, -118.0514); Unnamed (46.1122, -118.1141).
(viii) Lower Walla Walla River Watershed 1707010211. Outlet(s) =
Walla Walla River (Lat 46.0594, Long -118.9445) upstream to endpoint(s)
in: Walla Walla River (46.0391, -118.4779).
(6) Umatilla Subbasin 17070103--(i) Upper Umatilla River Watershed
1707010301. Outlet(s) = Umatilla River (Lat 45.7024, Long -118.3593)
upstream to endpoint(s) in: Bear Creek (45.7595, -118.1942); Bobsled
Creek (45.7268, -118.2503); Buck Creek (45.7081, -118.1059); East Fork
Coyote Creek (45.7553, -118.1263); Johnson Creek 4 (45.7239, -
118.0797); Lake Creek 2 (45.7040, -118.1297); Lick Creek
(45.7400, -118.1880); North Fork Umatilla River
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(45.7193, -118.0244); Rock Creek (45.7629, -118.2377); Ryan Creek
(45.6362, -118.2963); Shimmiehorn Creek (45.6184, -118.1908); South Fork
Umatilla River (45.6292, -118.2424); Spring Creek 2 (45.6288, -
118.1525); Swamp Creek (45.6978, -118.1356); Thomas Creek (45.6546, -
118.1435); Unnamed (45.6548, -118.1371); Unnamed (45.6737, -118.1616);
Unnamed (45.6938, -118.3036); Unnamed (45.7060, -118.2123); Unnamed
(45.7200, -118.3092); Unnamed (45.7241, -118.3197); Unnamed (45.7281, -
118.1604); Unnamed (45.7282, -118.3372); Unnamed (45.7419, -118.1586);
West Fork Coyote Creek (45.7713, -118.1513); Woodward Creek (45.7484, -
118.0760).
(ii) Meacham Creek Watershed 1707010302. Outlet(s) = Meacham Creek
(Lat 45.7024, Long -118.3593) upstream to endpoint(s) in: Bear Creek
3 (45.4882, -118.1993); Beaver Creek (45.4940, -118.4411);
Boston Canyon (45.6594, -118.3344); Butcher Creek (45.4558, -118.3737);
Camp Creek (45.5895, -118.2800); Duncan Canyon (45.5674, -118.3244);
East Meacham Creek (45.4570, -118.2212); Hoskins Creek (45.5188, -
118.2059); Line Creek (45.6303, -118.3291); Meacham Creek (45.4364, -
118.3963); North Fork Meacham Creek (45.5767, -118.1721); Owsley Creek
(45.4349, -118.2434); Pot Creek (45.5036, -118.1438); Sheep Creek
(45.5121, -118.3945); Twomile Creek (45.5085, -118.4579); Unnamed
(45.4540, -118.2192); Unnamed (45.5585, -118.2064); Unnamed (45.6019, -
118.2971); Unnamed (45.6774, -118.3415).
(iii) Umatilla River/Mission Creek Watershed 1707010303. Outlet(s) =
Umatilla River (Lat 45.6559, Long -118.8804) upstream to endpoint(s) in:
Bachelor Canyon (45.6368, -118.3890); Buckaroo Creek (45.6062, -
118.5000); Coonskin Creek (45.6556, -118.5239); Cottonwood Creek
(45.6122, -118.5704); Little Squaw Creek (45.5969, -118.4095); Mission
Creek (45.6256, -118.6133); Moonshine Creek (45.6166, -118.5392); Patawa
Creek (45.6424, -118.7125); Red Elk Canyon (45.6773, -118.4431); Saddle
Hollow (45.7067, -118.3968); South Patawa Creek (45.6250, -118.6919);
Squaw Creek (45.5584, -118.4389); Stage Gulch (45.6533, -118.4481);
Thorn Hollow Creek (45.6957, -118.4530); Umatilla River (45.7024, -
118.3593); Unnamed (45.5649, -118.4221); Unnamed (45.6092, -118.7603);
Unnamed (45.6100, -118.4046); Unnamed (45.6571, -118.7473); Unnamed
(45.6599, -118.4641); Unnamed (45.6599, -118.4711); Unnamed (45.6676, -
118.6176); Unnamed (45.6688, -118.5575); Unnamed (45.6745, -118.5859).
(iv) McKay Creek Watershed 1707010305. Outlet(s) = McKay Creek (Lat
45.6685, Long -118.8400) upstream to endpoint(s) in: McKay Creek
(45.6077, -118.7917).
(v) Birch Creek Watershed 1707010306. Outlet(s) = Birch Creek (Lat
45.6559, Long -118.8804) upstream to endpoint(s) in: Bear Creek
(45.2730, -118.8939); Bridge Creek (45.3603, -118.9039); California
Gulch (45.3950, -118.8149); Dark Canyon (45.3119, -118.7572); East Birch
Creek (45.3676, -118.6085); Johnson Creek 2 (45.3931, -
118.7518); Little Pearson Creek (45.3852, -118.7415); Merle Gulch
(45.3450, -118.8136); Owings Creek (45.3864, -118.9600); Pearson Creek
(45.2901, -118.7985); South Canyon 2 (45.3444, -118.6949);
Unnamed (45.2703, -118.7624); Unnamed (45.3016, -118.7705); Unnamed
(45.3232, -118.7264); Unnamed (45.3470, -118.7984); Unnamed (45.3476, -
118.6703); Unnamed (45.3511, -118.6328); Unnamed (45.4628, -118.7491);
West Birch Creek (45.2973, -118.8341); Willow Spring Canyon (45.3426, -
118.9833).
(vi) Umatilla River/Alkali Canyon Watershed 1707010307. Outlet(s) =
Umatilla River (Lat 45.7831, Long -119.2372) upstream to endpoint(s) in:
Umatilla River (45.6559, -118.8804).
(vii) Lower Umatilla River Watershed 1707010313. Outlet(s) =
Umatilla River (Lat 45.9247, Long -119.3575) upstream to endpoint(s) in:
Umatilla River (45.7831, -119.2372); Unnamed (45.8202, -119.3305).
(7) Middle Columbia/Hood Subbasin 17070105--(i) Upper Middle
Columbia/Hood Watershed 1707010501. Outlet(s) = Columbia River (Lat
45.6426, Long -120.9142) upstream to endpoint(s) in: Columbia River
(45.7168, -120.6927); Frank Fulton Canyon (45.6244, -120.8258); Spanish
Hollow Creek (45.6469, -120.8069); Unnamed (45.6404, -120.8654).
(ii) Fifteenmile Creek Watershed 1707010502. Outlet(s) = Fifteenmile
Creek (Lat 45.6197, Long -121.1265) upstream to endpoint(s) in: Cedar
Creek (45.3713, -121.4153); Dry Creek (45.4918, -121.0479); Fifteenmile
Creek (45.3658, -121.4390); Ramsey Creek (45.3979, -121.4454); Unnamed
(45.3768, -121.4410).
[[Page 433]]
(iii) Fivemile Creek Watershed 1707010503. Outlet(s) = Eightmile
Creek (Lat 45.6064, Long -121.0854) upstream to endpoint(s) in:
Eightmile Creek (45.3944, -121.4983); Middle Fork Fivemile Creek
(45.4502, -121.4324); South Fork Fivemile Creek (45.4622, -121.3641).
(iv) Middle Columbia/Mill Creek Watershed 1707010504. Outlet(s) =
Columbia River (Lat 45.6920, Long -121.2937) upstream to endpoint(s) in:
Brown Creek (45.5911, -121.2729); Chenoweth Creek (45.6119, -121.2658);
Columbia River (45.6426, -120.9142); North Fork Mill Creek (45.4999, -
121.4537); South Fork Mill Creek (45.5187, -121.3367); Threemile Creek
(45.5598, -121.1747).
(v) Mosier Creek Watershed 1707010505. Outlet(s) = Mosier Creek (Lat
45.6950, Long -121.3996) upstream to endpoint(s) in: Mosier Creek
(45.6826, -121.3896); Rock Creek (45.6649, -121.4352).
(vi) White Salmon River Watershed 1707010509. Outlet(s) = White
Salmon River (Lat 45.7267, Long -121.5209) upstream to endpoint(s) in:
Unnamed (45.7395, -121.5500); White Salmon River (45.7676, -121.5374).
(vii) Middle Columbia/Grays Creek Watershed 1707010512. Outlet(s) =
Columbia River (Lat 45.7070, Long -121.7943) upstream to endpoint(s) in:
Catherine Creek (45.7448, -121.4206); Columbia River (45.6920, -
121.2937); Dog Creek (45.7200, -121.6804); East Fork Major Creek
(45.8005, -121.3449); Hanson Creek (45.7472, -121.3143); Jewett Creek
(45.7524, -121.4704); Rowena Creek (45.6940, -121.3122); Unnamed
(45.7238, -121.7227); Unnamed (45.7248, -121.7322); Unnamed (45.7303, -
121.3095); Unnamed (45.7316, -121.3094); Unnamed (45.7445, -121.3309);
Unnamed (45.7486, -121.3203); Unnamed (45.7530, -121.4697); Unnamed
(45.7632, -121.4795); Unnamed (45.7954, -121.3863); Unnamed (45.8003, -
121.4062); West Fork Major Creek (45.8117, -121.3929).
(8) Klickitat Subbasin 17070106--(i) Upper Klickitat River Watershed
1707010601. Outlet(s) = Klickitat River (Lat 46.1263, Long -121.2881)
upstream to endpoint(s) in: Cedar Creek (46.2122, -121.2042); Coyote
Creek (46.4640, -121.1839); Cuitin Creek (46.4602, -121.1662); Diamond
Fork (46.4794, -121.2284); Huckleberry Creek (46.4273, -121.3720);
Klickitat River (46.4439, -121.3756); McCreedy Creek (46.3319, -
121.2529); Piscoe Creek (46.3708, -121.1436); Surveyors Creek (46.2181,
-121.1838); Unnamed (46.4476, -121.2575); Unnamed (46.4585, -121.2565);
West Fork Klickitat River (46.2757, -121.3267).
(ii) Middle Klickitat River Watershed 1707010602. Outlet(s) =
Klickitat River (Lat 45.9858, Long -121.1233) upstream to endpoint(s)
in: Bear Creek (46.0770, -121.2262); Klickitat River (46.1263, -
121.2881); Outlet Creek (46.0178, -121.1740); Summit Creek (46.0035, -
121.0918); Trout Creek (46.1166, -121.1968); White Creek (46.1084, -
121.0730).
(iii) Little Klickitat River Watershed 1707010603. Outlet(s) =
Little Klickitat River (Lat 45.8452, Long -121.0625) upstream to
endpoint(s) in: Blockhouse Creek (45.8188, -120.9813); Butler Creek
(45.9287, -120.7005); Canyon Creek (45.8833, -121.0504); East Prong
Little Klickitat River (45.9279, -120.6832); Mill Creek (45.8374, -
121.0001); Unnamed (45.8162, -120.9288); West Prong Little Klickitat
River (45.9251, -120.7202).
(iv) Lower Klickitat River Watershed 1707010604. Outlet(s) =
Klickitat River (Lat 45.6920, Long -121.2937) upstream to endpoint(s)
in: Dead Canyon (45.9473, -121.1734); Dillacort Canyon (45.7349, -
121.1904); Klickitat River (45.9858, -121.1233); Logging Camp Canyon
(45.7872, -121.2260); Snyder Canyon (45.8431, -121.2152); Swale Creek
(45.7218, -121.0475); Wheeler Canyon (45.7946, -121.1615).
(9) Upper John Day Subbasin 17070201--(i) Middle South Fork John Day
Watershed 1707020103. Outlet(s) = South Fork John Day River (Lat
44.1918, Long -119.5261) upstream to endpoint(s) in: Blue Creek
(44.2183, -119.3679); Corral Creek (44.1688, -119.3573); North Fork Deer
Creek (44.2034, -119.3009); South Fork Deer Creek (44.1550, -119.3457);
South Fork John Day River (44.1822, -119.5243) Unnamed (44.1824, -
119.4210); Vester Creek (44.1794, -1193872).
(ii) Murderers Creek Watershed 1707020104. Outlet(s) = Murderers
Creek (Lat 44.3146, Long -119.5383) upstream to endpoint(s) in: Bark
Cabin Creek (44.2481, -119.3967); Basin Creek (44.2700, -119.1711);
Cabin Creek (44.3420, -119.4403); Charlie Mack Creek (44.2708, -
119.2344); Crazy Creek (44.2421, -119.4282); Dans Creek (44.2500,
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-119.2774); Duncan Creek (44.3219, -119.3555); Lemon Creek (44.2528, -
119.2500); Miner Creek (44.3237, -119.2416); Orange Creek (44.2524, -
119.2613); Oregon Mine Creek (44.2816, -119.2945); South Fork Murderers
Creek (44.2318, -119.3221); Sugar Creek (44.2914, -119.2326); Tennessee
Creek (44.3041, -119.3029); Thorn Creek (44.3113, -119.3157); Todd Creek
(44.3291, -119.3976); Unnamed (44.3133, -119.3533); Unnamed (44.3250, -
119.3476); White Creek (44.2747, -119.1866).
(iii) Lower South Fork John Day Watershed 1707020105. Outlet(s) =
South Fork John Day River (Lat 44.4740, Long -119.5344) upstream to
endpoint(s) in: Cougar Gulch (44.2279, -119.4898); Frazier Creek
(44.2200, -119.5745); Jackass Creek (44.3564, -119.4958); North Fork
Wind Creek (44.3019, -119.6632); Payten Creek (44.3692, -119.6185);
Smoky Creek (44.3893, -119.4791); South Fork Black Canyon Creek
(44.3789, -119.7293); South Fork John Day River (44.1918, -119.5261);
South Fork Wind Creek (44.2169, -119.6192); South Prong Creek (44.3093,
-119.6558); Squaw Creek (44.3000, -119.6143); Unnamed (44.2306, -
119.6095); Unnamed (44.2358, -119.6013); Unnamed (44.3052, -119.6332);
Wind Creek (44.2793, -119.6515).
(iv) Upper John Day River Watershed 1707020106. Outlet(s) = John Day
River (Lat 44.4534, Long -118.6711) upstream to endpoint(s) in: Bogue
Gulch (44.3697, -118.5200); Call Creek (44.2973, -118.5169); Crescent
Creek (44.2721, -118.5473); Dads Creek (44.5140, -118.6463); Dans Creek
(44.4989, -118.5920); Deardorff Creek (44.3665, -118.4596); Eureka Gulch
(44.4801, -118.5912); Graham Creek (44.3611, -118.6084); Isham Creek
(44.4649, -118.5626); Jeff Davis Creek (44.4813, -118.6370); John Day
River (44.2503, -118.5256); Mossy Gulch (44.4641, -118.5211); North
Reynolds Creek (44.4525, -118.4886); Rail Creek 2 (44.3413, -
118.5017); Reynolds Creek (44.4185, -118.4507); Roberts Creek (44.3060,
-118.5815); Thompson Creek (44.3581, -118.5395); Unnamed (44.2710, -
118.5412).
(v) Canyon Creek Watershed 1707020107. Outlet(s) = Canyon Creek (Lat
44.4225, Long -118.9584) upstream to endpoint(s) in: Berry Creek
(44.3084, -118.8791); Brookling Creek (44.3042, -118.8363); Canyon Creek
(44.2368, -118.7775); Crazy Creek 2 (44.2165, -118.7751); East
Brookling Creek (44.3029, -118.8082); East Fork Canyon Creek (44.2865, -
118.7939); Middle Fork Canyon Creek (44.2885, -118.7500); Skin Shin
Creek (44.3036, -118.8488); Tamarack Creek 2 (44.2965, -
118.8611); Unnamed (44.2500, -118.8298); Unnamed (44.2717, -118.7500);
Unnamed (44.2814, -118.7620); Vance Creek (44.2929, -118.9989); Wall
Creek (44.2543, -118.8308).
(vi) Strawberry Creek Watershed 1707020108. Outlet(s) = John Day
River (Lat 44.4225, Long -118.9584) upstream to endpoint(s) in: Bear
Creek (44.5434, -118.7508); Dixie Creek (44.5814, -118.7257); Dog Creek
(44.3635, -118.8890); Grub Creek (44.5189, -118.8050); Hall Creek
(44.5479, -118.7894); Indian Creek 3 (44.3092, -118.7438); John
Day River (44.4534, -118.6711); Little Pine Creek (44.3771, -118.9103);
Onion Creek (44.3151, -118.6972); Overholt Creek (44.3385, -118.7196);
Pine Creek (44.3468, -118.8345); Slide Creek (44.2988, -118.6583);
Standard Creek (44.5648, -118.6468); Strawberry Creek (44.3128, -
118.6772); West Fork Little Indian Creek (44.3632, -118.7918).
(vii) Beech Creek Watershed 1707020109. Outlet(s) = Beech Creek (Lat
44.4116, Long -119.1151) upstream to endpoint(s) in: Bear Creek
(44.5268, -119.1002); Beech Creek (44.5682, -119.1170); Clear Creek
(44.5522, -118.9942); Cottonwood Creek (44.5758, -119.0694); East Fork
Beech Creek (44.5248, -118.9023); Ennis Creek (44.5409, -119.0207); Hog
Creek (44.5484, -119.0379); Little Beech Creek (44.4676, -118.9733);
McClellan Creek 2 (44.5570, -118.9490); Tinker Creek (44.5550,
-118.8892); Unnamed (44.5349, -119.0827).
(viii) Laycock Creek Watershed 1707020110. Outlet(s) = John Day
River (Lat 44.4155, Long -119.2230) upstream to endpoint(s) in: Birch
Creek 2 (44.4353, -119.2148); East Fork Dry Creek (44.4896, -
119.1817); Fall Creek 2 (44.3551, -119.0420); Hanscombe Creek
(44.3040, -119.0513); Harper Creek (44.3485, -119.1259); Ingle Creek
(44.3154, -119.1153); John Day River (44.4225, -118.9584); Laycock Creek
(44.3118, -119.0842); McClellan Creek (44.3510, -119.2004); Moon Creek
(44.3483, -119.2389); Riley Creek (44.3450, -119.1664).
(ix) Fields Creek Watershed 1707020111. Outlet(s) = John Day River
(Lat 44.4740,
[[Page 435]]
Long -119.5344) upstream to endpoint(s) in: Belshaw Creek (44.5460, -
119.2025); Bridge Creek (44.4062, -119.4180); Buck Cabin Creek (44.3412,
-119.3313); Cummings Creek (44.5043, -119.3250); Fields Creek (44.3260,
-119.2828); Flat Creek (44.3930, -119.4386); John Day River (44.4155, -
119.2230); Marks Creek (44.5162, -119.3886); Wickiup Creek (44.3713, -
119.3239); Widows Creek (44.3752, -119.3819); Wiley Creek (44.4752, -
119.3784).
(x) Upper Middle John Day Watershed 1707020112. Outlet(s) = John Day
River (Lat 44.5289, Long -119.6320) upstream to endpoint(s) in: Back
Creek (44.4164, -119.6858); Battle Creek (44.4658, -119.5863);
Cottonwood Creek (44.3863, -119.7376); Cougar Creek (44.4031, -
119.7056); East Fork Cottonwood Creek (44.3846, -119.6177); Ferris Creek
(44.5446, -119.5250); Franks Creek (44.5067, -119.4903); John Day River
(44.4740, -119.5344); Rattlesnake Creek (44.4673, -119.6953); Unnamed
(44.3827, -119.6479); Unnamed (44.3961, -119.7403); Unnamed (44.4082, -
119.6916).
(xi) Mountain Creek Watershed 1707020113. Outlet(s) = Mountain Creek
(Lat 44.5214, Long -119.7138) upstream to endpoint(s) in: Badger Creek
(44.4491, -120.1186); Fopiano Creek (44.5899, -119.9429); Fort Creek
(44.4656, -119.9253); Fry Creek (44.4647, -119.9940); Keeton Creek
(44.4632, -120.0195); Mac Creek (44.4739, -119.9359); Milk Creek
(44.4649, -120.1526); Unnamed (44.4700, -119.9427); Unnamed (44.4703, -
120.0328); Unnamed (44.4703, -120.0597); Unnamed (44.4827, -119.8970);
Willow Creek (44.6027, -119.8746).
(xii) Rock Creek Watershed 1707020114. Outlet(s) = Rock Creek (Lat
44.5289, Long -119.6320) upstream to endpoint(s) in: Baldy Creek
(44.3906, -119.7651); Bear Creek (44.3676, -119.8401); Fir Tree Creek
(44.3902, -119.7893); First Creek (44.4086, -119.8120); Fred Creek
(44.4602, -119.8549); Little Windy Creek (44.3751, -119.7595); Pine
Hollow 2 (44.5007, -119.8559); Rock Creek (44.3509, -119.7636);
Second Creek (44.3984, -119.8075); Unnamed (44.4000, -119.8501); Unnamed
(44.4232, -119.7271); West Fork Birch Creek (44.4365, -119.7500).
(xiii) John Day River/Johnson Creek Watershed 1707020115. Outlet(s)
= John Day River (Lat 44.7554, Long -119.6382) upstream to endpoint(s)
in: Buckhorn Creek (44.6137, -119.7382); Burnt Corral Creek (44.6987, -
119.5733); Frank Creek (44.6262, -119.7177); Indian Creek (44.5925, -
119.7636); John Day River (44.5289, -119.6320); Johnny Creek (44.6126, -
119.5534); Johnson Creek (44.6766, -119.7363).
(10) North Fork John Day Subbasin 17070202--(i) Upper North Fork
John Day River Watershed 1707020201. Outlet(s) = North Fork John Day
River (Lat 44.8661, Long -118.5605) upstream to endpoint(s) in: Baldy
Creek (44.8687, -118.3172); Bear Gulch (44.8978, -118.5400); Bull Creek
(44.8790, -118.2753); Crane Creek (44.8715, -118.3539); Crawfish Creek
(44.9424, -118.2608); Cunningham Creek (44.9172, -118.2478); Davis Creek
(44.9645, -118.4156); First Gulch (44.8831, -118.5588); Hoodoo Creek
(44.9763, -118.3673); Long Meadow Creek (44.9490, -118.2932); McCarty
Gulch (44.9131, -118.5114); Middle Trail Creek (44.9513, -118.3185);
North Fork John Day River (44.8691, -118.2392); North Trail Creek
(44.9675, -118.3219); South Trail Creek (44.9434, -118.2930); Trout
Creek (44.9666, -118.4656); Unnamed (44.8576, -118.3169); Unnamed
(44.8845, -118.3421); Unnamed (44.9221, -118.5000); Unnamed (44.9405, -
118.4093); Unnamed (44.9471, -118.4797); Wagner Gulch (44.9390, -
118.5148).
(ii) Granite Creek Watershed 1707020202. Outlet(s) = Granite Creek
(Lat 44.8661, Long -118.5605) upstream to endpoint(s) in: Beaver Creek
(44.7425, -118.3940); Boulder Creek (44.8368, -118.3631); Boundary Creek
(44.8106, -118.3420); Bull Run Creek (44.7534, -118.3154); Corral Creek
2 (44.8186, -118.3565); Deep Creek 2 (44.8017, -
118.3200); East Ten Cent Creek (44.8584, -118.4253); Granite Creek
(44.8578, -118.3736); Lake Creek (44.7875, -118.5929); Lick Creek
(44.8503, -118.5065); Lightning Creek (44.7256, -118.5011); Lost Creek
(44.7620, -118.5822); North Fork Ruby Creek (44.7898, -118.5073); Olive
Creek (44.7191, -118.4677); Rabbit Creek (44.7819, -118.5616); Ruby
Creek (44.7797, -118.5237); South Fork Beaver Creek (44.7432, -
118.4272); Squaw Creek 5 (44.8552, -118.4705); Unnamed
(44.8427, -118.4233); West Fork Clear Creek (44.7490, -118.5440); West
Ten Cent Creek (44.8709, -118.4377); Wolesy Creek (44.7687, -118.5540).
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(iii) North Fork John Day River/Big Creek Watershed 1707020203.
Outlet(s) = North Fork John Day River (Lat 44.9976, Long -118.9444)
upstream to endpoint(s) in: Backout Creek (44.8560, -118.6289); Basin
Creek (44.9081, -118.6671); Big Creek (45.0115, -118.6041); Bismark
Creek (44.9548, -118.7020); Corral Creek (44.9592, -118.6368); Cougar
Creek (44.9288, -118.6653); Meadow Creek (44.9856, -118.4664); North
Fork John Day River (44.8661, -118.5605); Oregon Gulch (44.8694, -
118.6119); Oriental Creek (45.0000, -118.7255); Otter Creek (44.9634, -
118.7567); Paradise Creek (44.9168, -118.5850); Raspberry Creek
(44.9638, -118.7356); Ryder Creek (44.9341, -118.5943); Silver Creek
(44.9077, -118.5580); Simpson Creek (44.9383, -118.6794); South Fork
Meadow Creek (44.9303, -118.5481); South Martin Creek (44.9479, -
118.5281); Trough Creek (44.9960, -118.8499); Unnamed (44.8594, -
118.6432); Unnamed (44.9073, -118.5690); Unnamed (45.0031, -118.7060);
Unnamed (45.0267, -118.7635); Unnamed (45.0413, -118.8089); White Creek
(45.0000, -118.5617); Winom Creek (44.9822, -118.6766).
(iv) Desolation Creek Watershed 1707020204. Outlet(s) = Desolation
Creek (Lat 44.9977, Long -118.9352) upstream to endpoint(s) in: Battle
Creek (44.8895, -118.7010); Beeman Creek (44.8230, -118.7498); Bruin
Creek (44.8936, -118.7600); Howard Creek (44.8513, -118.7004); Junkens
Creek (44.8482, -118.7994); Kelsay Creek (44.9203, -118.6899); Little
Kelsay Creek (44.9127, -118.7124); North Fork Desolation Creek (44.7791,
-118.6231); Park Creek (44.9109, -118.7839); Peep Creek (44.9488, -
118.8069); South Fork Desolation Creek (44.7890, -118.6732); Sponge
Creek (44.8577, -118.7165); Starveout Creek (44.8994, -118.8220);
Unnamed (44.8709, -118.7130); Unnamed (44.9058, -118.7689); Unnamed
(44.9163, -118.8384); Unnamed (44.9203, -118.8315); Unnamed (44.9521, -
118.8141); Unnamed (44.9735, -118.8707).
(v) Upper Camas Creek Watershed 1707020205. Outlet(s) = Camas Creek
(Lat 45.1576, Long -118.8411) upstream to endpoint(s) in: Bear Wallow
Creek (45.2501, -118.7502); Bowman Creek (45.2281, -118.7028);
Butcherknife Creek (45.1495, -118.6913); Camas Creek (45.1751, -
118.5548); Dry Camas Creek (45.1582, -118.5846); Frazier Creek (45.1196,
-118.6152); Hidaway Creek (45.0807, -118.5788); Lane Creek (45.2429, -
118.7749); Line Creek (45.1067, -118.6562); North Fork Cable Creek
(45.0535, -118.6569); Rancheria Creek (45.2144, -118.6552); Salsbury
Creek (45.2022, -118.6206); South Fork Cable Creek (45.0077, -118.6942);
Unnamed (45.0508, -118.6536); Unnamed (45.0579, -118.6705); Unnamed
(45.0636, -118.6198); Unnamed (45.0638, -118.5908); Unnamed (45.0823, -
118.6579); Unnamed (45.1369, -118.6771); Unnamed (45.1513, -118.5966);
Unnamed (45.1854, -118.6842); Unnamed (45.1891, -118.6110); Unnamed
(45.2429, -118.7575); Warm Spring Creek (45.1386, -118.6561).
(vi) Lower Camas Creek Watershed 1707020206. Outlet(s) = Camas Creek
(Lat 45.0101, Long -118.9950) upstream to endpoint(s) in: Bridge Creek
(45.0395, -118.8633); Camas Creek (45.1576, -118.8411); Cooper Creek
(45.2133, -118.9881); Deerlick Creek (45.1489, -119.0229); Dry Fivemile
Creek (45.1313, -119.0898); Fivemile Creek (45.1804, -119.2259); Middle
Fork Wilkins Creek (45.1193, -119.0439); North Fork Owens Creek
(45.1872, -118.9705); Owens Creek (45.2562, -118.8305); Silver Creek
(45.1066, -119.1268); Snipe Creek (45.2502, -118.9707); South Fork
Wilkins Creek (45.1078, -119.0312); Sugarbowl Creek (45.1986, -
119.0999); Taylor Creek (45.1482, -119.1820); Tribble Creek (45.1713, -
119.1617); Unnamed (45.0797, -118.7878); Unnamed (45.1198, -118.8514);
Unnamed (45.1993, -118.9062); Unnamed (45.2000, -118.8236); Unnamed
(45.2141, -118.8079); Unnamed (45.1773, -119.0753); Unnamed (45.2062, -
119.0717); Wilkins Creek (45.1239, -119.0094).
(vii) North Fork John Day River/Potamus Creek Watershed 1707020207.
Outlet(s) = North Fork John Day River (Lat 44.8832. Long -119.4090)
upstream to endpoint(s) in: Buckaroo Creek (45.0245, -119.1187); Butcher
Bill Creek (45.1290, -119.3197); Cabin Creek (44.9650, -119.3628); Deep
Creek (45.0977, -119.2021); Deerhorn Creek (45.0513, -119.0542); Ditch
Creek (45.1584, -119.3153); East Fork Meadow Brook Creek (44.9634, -
118.9575); Ellis Creek (45.1197, -119.2167); Graves Creek (44.9927, -
119.3171); Hinton Creek (44.9650, -119.0025); Hunter Creek (45.0114, -
119.0896); Jericho Creek (45.0361, -119.0829); Little Potamus Creek
(45.0462, -119.2579); Mallory Creek
[[Page 437]]
(45.1030, -119.3112); Martin Creek (45.1217, -119.3538); Matlock Creek
(45.0762, -119.1837); No Name Creek (45.0730, -119.1459); North Fork
John Day River (44.9976, -118.9444); Pole Creek (45.1666, -119.2533);
Rush Creek (45.0498, -119.1219); Skull Creek (44.9726, -119.2035); Smith
Creek (44.9443, -118.9687); Stalder Creek (45.0655, -119.2844); Stony
Creek (45.0424, -119.1489); West Fork Meadow Brook (44.9428, -119.0319);
Wickiup Creek (45.0256, -119.2776); Wilson Creek (45.1372, -119.2673).
(viii) Wall Creek Watershed 1707020208. Outlet(s) = Big Wall Creek
(Lat 44.8832, Long -119.4090) upstream to endpoint(s) in: Alder Creek
(45.1049, -119.4170); Bacon Creek (45.0137, -119.4800); Bear Creek
(45.0551, -119.4170); Big Wall Creek (44.9369, -119.6055); Bull Prairie
Creek (44.9753, -119.6604); Colvin Creek (44.9835, -119.6911); East Fork
Alder Creek (45.1028, -119.3929); East Fork Indian Creek (44.9009, -
119.4918); Happy Jack Creek (44.8997, -119.5730); Hog Creek (45.0507, -
119.4821); Indian Creek (44.8810, -119.5260); Johnson Creek (45.0097, -
119.6282); Little Bear Creek (45.0433, -119.4084); Little Wall Creek
(45.0271, -119.5235); Little Wilson Creek (44.8979, -119.5531); Lovlett
Creek (44.9675, -119.5105); Skookum Creek (45.0894, -119.4725); South
Fork Big Wall Creek (44.9315, -119.6167); Swale Creek (45.1162, -
119.3836); Three Trough Creek (44.9927, -119.5318); Two Spring Creek
(45.0251, -119.3938); Unnamed (44.9000, -119.6213); Unnamed (44.9830, -
119.7364); Unnamed (44.9883, -119.7248); Unnamed (45.0922, -119.4374);
Unnamed (45.1079, -119.4359); Willow Spring Creek (44.9467, -119.5921);
Wilson Creek (44.9861, -119.6623).
(ix) Cottonwood Creek Watershed 1707020209. Outlet(s) = Cottonwood
Creek (Lat 44.8141, Long -119.4183) upstream to endpoint(s) in: BecK
Creek (44.5795, -119.2664); Board Creek (44.5841, -119.3763); Boulder
Creek (44.5876, -119.3006); Camp Creek 3 (44.6606, -119.3283);
Cougar Creek 2 (44.6230, -119.4133); Day Creek (44.5946, -
119.0235); Donaldson Creek (44.5919, -119.3480); Dunning Creek (44.6416,
-119.0628); Fox Creek (44.6163, -119.0078); Indian Creek 3
(44.6794, -119.2196); McHaley Creek (44.5845, -119.2234); Mill Creek
(44.6080, -119.0878); Mine Creek (44.5938, -119.1756); Murphy Creek
(44.6062, -119.1114); Smith Creek (44.6627, -119.0808); Squaw Creek
3 (44.5715, -119.4069); Unnamed (44.6176, -119.0806).
(x) Lower North Fork John Day River Watershed 1707020210. Outlet(s)
= North Fork John Day River (Lat 44.7554, Long -119.6382) upstream to
endpoint(s) in: East Fork Deer Creek (44.7033, -119.2753); Gilmore Creek
(44.6744, -119.4875); North Fork John Day River (44.8832, -119.4090);
Rudio Creek (44.6254, -119.5026); Straight Creek (44.6759, -119.4687);
West Fork Deer Creek (44.6985, -119.3372).
(11) Middle Fork John Day Subbasin 17070203--(i) Upper Middle Fork
John Day River Watershed 1707020301. Outlet(s) = Middle Fork John Day
River (Lat 44.5946, Long -118.5163) upstream to endpoint(s) in: Bridge
Creek (44.5326, -118.5746); Clear Creek (44.4692, -118.4615); Crawford
Creek (44.6381, -118.3887); Dry Fork Clear Creek (44.5339, -118.4484);
Fly Creek (44.6108, -118.3810); Idaho Creek (44.6113, -118.3856); Middle
Fork John Day River (44.5847, -118.4286); Mill Creek (44.6106, -
118.4809); North Fork Bridge Creek (44.5479, -118.5663); North Fork
Summit Creek (44.5878, -118.3560); Squaw Creek (44.5303, -118.4089);
Summit Creek (44.5831, -118.3585).
(ii) Camp Creek Watershed 1707020302. Outlet(s) = Middle Fork John
Day River (Lat 44.6934, Long -118.7947) upstream to endpoint(s) in:
Badger Creek (44.7102, -118.6738); Balance Creek (44.6756, -118.7661);
Beaver Creek (44.6918, -118.6467); Bennett Creek (44.6095, -118.6432);
Big Boulder Creek (44.7332, -118.6889); Blue Gulch (44.6952, -118.5220);
Butte Creek (44.5913, -118.6481); Camp Creek (44.5692, -118.8041);
Caribou Creek (44.6581, -118.5543); Charlie Creek (44.5829, -118.8277);
Cottonwood Creek (44.6616, -118.8919); Cougar Creek (44.6014, -
118.8261); Coxie Creek (44.5596, -118.8457); Coyote Creek (44.7040, -
118.7436); Davis Creek (44.5720, -118.6026); Deerhorn Creek (44.5984, -
118.5879); Dry Creek (44.6722, -118.6962); Eagle Creek (44.5715, -
118.8269); Granite Boulder Creek (44.6860, -118.6039); Lemon Creek
(44.6933, -118.6169); Lick Creek (44.6102, -118.7504); Little Boulder
Creek (44.6661, -118.5807); Little Butte Creek (44.6093, -118.6188);
Middle Fork
[[Page 438]]
John Day River (44.5946, -118.5163); Myrtle Creek (44.7336, -118.7187);
Placer Gulch (44.5670, -118.5593); Ragged Creek (44.6366, -118.7048);
Ruby Creek (44.6050, -118.6897); Sulphur Creek (44.6119, -118.6672);
Sunshine Creek (44.6424, -118.7437); Tincup Creek (44.6489, -118.6320);
Trail Creek (44.6249, -118.8469); Unnamed (44.5535, -118.8139); Unnamed
(44.5697, -118.5975); Unnamed (44.6041, -118.6051); Unnamed (44.6471, -
118.6869); Unnamed (44.6559, -118.5777); Vincent Creek (44.6663, -
118.5345); Vinegar Creek (44.6861, -118.5378); West Fork Lick Creek
(44.6021, -118.7891); Whiskey Creek (44.6776, -118.8659); Windlass Creek
(44.6653, -118.6030); Wray Creek (44.6978, -118.6588).
(iii) Big Creek Watershed 1707020303. Outlet(s) = Middle Fork John
Day River (Lat 44.8363, Long -119.0306) upstream to endpoint(s) in:
Barnes Creek (44.8911, -118.9974); Bear Creek (44.7068, -118.8742); Big
Creek (44.7726, -118.6831); Deadwood Creek (44.7645, -118.7499); Deep
Creek (44.7448, -118.7591); East Fork Big Creek (44.7923, -118.7783);
Elk Creek (44.7167, -118.7721); Granite Creek (44.8893, -119.0103);
Huckleberry Creek (44.8045, -118.8605); Indian Creek (44.8037, -
118.7498); Lick Creek (44.8302, -118.9613); Little Indian Creek
(44.8743, -118.8862); Lost Creek (44.7906, -118.7970); Middle Fork John
Day River (44.6934, -118.7947); Mosquito Creek (44.7504, -118.8021);
North Fork Elk Creek (44.7281, -118.7624); Onion Gulch (44.7622, -
118.7846); Pizer Creek (44.7805, -118.8102); Slide Creek (44.6950, -
118.9124); Swamp Gulch (44.7606, -118.7641); Unnamed (44.8249, -
118.8718); Unnamed (44.8594, -118.9018).
(iv) Long Creek Watershed 1707020304. Outlet(s) = Long Creek (Lat
44.8878, Long -119.2338) upstream to endpoint(s) in: Basin Creek
(44.7458, -119.2452); Everett Creek (44.7106, -119.1063); Jonas Creek
(44.6307, -118.9118); Long Creek (44.6076, -118.9402); Pass Creek
(44.7681, -119.0414); Paul Creek (44.7243, -119.1304); Pine Creek
(44.8125, -119.0859); South Fork Long Creek (44.6360, -118.9756).
(v) Lower Middle Fork John Day River Watershed 1707020305. Outlet(s)
= Middle Fork John Day River (Lat 44.9168, Long -119.3004) upstream to
endpoint(s) in: Middle Fork John Day River (44.8363, -119.0306).
(12) Lower John Day Subbasin 17070204--(i) Lower John Day River/
Kahler Creek 1707020401. Outlet(s) = John Day River (Lat 44.8080, Long -
119.9585) upstream to endpoint(s) in: Alder Creek (44.9575, -119.8621);
Camp Creek (44.9005, -119.9505); East Bologna Canyon (44.8484, -
119.5842); Henry Creek (44.9609, -119.7683); Horseshoe Creek (44.7076, -
119.9465); John Day River (44.7554, -119.6382); Kahler Creek (44.9109, -
119.7030); Lake Creek (44.9012, -119.9806); Left Hand Creek (44.7693, -
119.7613); Parrish Creek (44.7207, -119.8369); Tamarack Butte 2
(44.6867, -119.7898); Tamarack Creek (44.9107, -119.7026); Unnamed
(44.9334, -119.9164); Unnamed (44.9385, -119.9088); Unnamed (44.9451, -
119.8932); Unnamed (44.9491, -119.8696); Unnamed (44.9546, -119.8739);
Unnamed (44.9557, -119.7561); West Bologna Canyon (44.8338, -119.6422);
Wheeler Creek (44.9483, -119.8447); William Creek (44.7458, -119.9027).
(ii) Lower John Day River/Service Creek Watershed 1707020402.
Outlet(s) = John Day River (Lat 44.7368, Long -120.3054) upstream to
endpoint(s) in: Big Service Creek (44.9286, -120.0428); Girds Creek
(44.6681, -120.1234); John Day River (44.8080, -119.9585); Rowe Creek
(44.8043, -120.1751); Service Creek (44.8951, -120.0892); Shoofly Creek
(44.6510, -120.0207).
(iii) Bridge Creek Watershed 1707020403. Outlet(s) = Bridge Creek
(Lat 44.7368, Long -120.3054) upstream to endpoint(s) in: Bear Creek
(44.5585, -120.4198); Bridge Creek (44.4721, -120.2009); Carroll Creek
(44.5460, -120.3322); Dodds Creek (44.5329, -120.3867); Gable Creek
(44.5186, -120.2384); Johnson Creek 2 (44.5193, -120.0949);
Slide Creek (44.4956, -120.3023); Thompson Creek (44.5270, -120.2489);
West Branch Bridge Creek (44.4911, -120.3098).
(iv) Lower John Day River/Muddy Creek Watershed 1707020404.
Outlet(s) = John Day River (Lat 44.9062, Long -120.4460) upstream to
endpoint(s) in: Cherry Creek (44.6344, -120.4543); Clubfoot Hollow
(44.8865, -120.1929); Cove Creek (44.9299, -120.3791); Dry Creek
(44.6771, -120.5367); John Day River (44.7368, -120.3054); Little Muddy
Creek (44.7371, -120.5575); Muddy Creek (44.7491, -120.5071); Pine Creek
(44.8931, -120.1797); Robinson Canyon (44.8807,
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-120.2678); Steers Canyon (44.9247, -120.2013).
(v) Lower John Day River/Clarno Watershed 1707020405. Outlet(s) =
John Day River (Lat 45.1626, Long -120.4681) upstream to endpoint(s) in:
Pine Creek (44.9062, -120.4460); Sorefoot Creek (44.9428, -120.5481).
(vi) Butte Creek Watershed 1707020406. Outlet(s) = Butte Creek (Lat
45.0574, Long -120.4831) upstream to endpoint(s) in: Butte Creek
(44.9266, -120.1142); Cottonwood Creek (44.9816, -120.2136); Deep Creek
(45.0166, -120.4165); Hunt Canyon (45.1050, -120.2838); Straw Fork
(44.9536, -120.1024); Unnamed (45.0952, -120.2928); West Fork Butte
Creek (44.9883, -120.3332).
(vii) Pine Hollow Watershed 1707020407. Outlet(s) = Pine Hollow (Lat
45.1531, Long -120.4757) upstream to endpoint(s) in: Big Pine Hollow
(44.9968, -120.7342); Brush Canyon (45.0255, -120.6329); Eakin Canyon
(45.1608, -120.5863); Hannafin Canyon (45.1522, -120.6158); Long Hollow
Creek (44.9922, -120.5565); West Little Pine Hollow (44.9921, -
120.7324).
(viii) Thirtymile Creek Watershed 1707020408. Outlet(s) = Thirtymile
Creek (Lat 45.1626, Long -120.4681) upstream to endpoint(s) in: Condon
Canyon (45.1870, -120.1829); Dry Fork Thirtymile Creek (45.1858, -
120.1338); East Fork Thirtymile Creek (45.1575, -120.0556); Lost Valley
Creek (45.1062, -119.9916); Patill Canyon (45.1252, -120.1870);
Thirtymile Creek (44.9852, -120.0375); Unnamed (44.9753, -120.0469);
Wehrli Canyon (45.1539, -120.2137).
(ix) Lower John Day River/Ferry Canyon Watershed 1707020409.
Outlet(s) = John Day River (Lat 45.3801, Long -120.5117) upstream to
endpoint(s) in: Ferry Canyon (45.3424, -120.4388); Jackknife Creek
(45.2490, -120.6106); John Day River (45.1626, -120.4681); Lamberson
Canyon (45.3099, -120.4147); Little Ferry Canyon (45.3827, -120.5913).
(x) Lower John Day River/Scott Canyon Watershed 1707020410.
Outlet(s) = John Day River (Lat 45.5769, Long -120.4041) upstream to
endpoint(s) in: Cottonwood Canyon (45.4143, -120.4490); Cottonwood
Canyon (45.4898, -120.5118); Dry Fork Hay Creek (45.3093, -120.1612);
John Day River (45.3801, -120.5117); Scott Canyon (45.4124, -120.1957);
Unnamed (45.3407, -120.2299).
(xi) Upper Rock Creek Watershed 1707020411. Outlet(s) = Rock Creek
(Lat 45.2190, Long -119.9597) upstream to endpoint(s) in: Allen Canyon
(45.1092, -119.5976); Allen Spring Canyon (45.0471, -119.6468); Board
Creek (45.1120, -119.5390); Brown Creek (45.0365, -119.8296); Buckhorn
Creek (45.0272, -119.9186); Chapin Creek (45.0538, -119.6727); Davidson
Canyon (45.0515, -119.5952); Hahn Canyon (45.1491, -119.8320); Harris
Canyon (45.0762, -119.5856); Hollywood Creek (45.0964, -119.5174);
Indian Creek (45.0481, -119.6476); John Z Canyon (45.0829, -119.6058);
Juniper Creek (45.0504, -119.7730); Middle Fork Rock Creek (45.0818, -
119.7404); Rock Creek (45.0361, -119.5989); Stahl Canyon (45.0071, -
119.8683); Tree Root Canyon (45.0626, -119.6314); Tupper Creek (45.0903,
-119.4999); Unnamed (45.0293, -119.5907); Unnamed (45.0698, -119.5329);
Unnamed (45.0714, -119.5227); West Fork Juniper Creek (45.0192, -
119.7786).
(xii) Lower Rock Creek Watershed 1707020412. Outlet(s) = Rock Creek
(Lat 45.5769, Long -120.4041) upstream to endpoint(s) in: Dry Creek
(45.3238, -119.9709); Rock Creek (45.2190, -119.9597); Sixmile Canyon
(45.2448, -120.0283); South Fork Rock Creek (45.2770, -120.1232).
(xiii) Grass Valley Canyon Watershed 1707020413. Outlet(s) = Grass
Valley Canyon (Lat 45.5974, Long -120.4232) upstream to endpoint(s) in:
Grass Valley Canyon (45.4071, -120.7226); Hay Canyon (45.5104, -
120.6085); Rosebush Creek (45.3395, -120.7159).
(xiv) Lower John Day River/McDonald Ferry Watershed 1707020414.
Outlet(s) = John Day River (Lat 45.7389, Long -120.6520) upstream to
endpoint(s) in: John Day River (45.5769, -120.4041).
(13) Lower Deschutes Subbasin 17070306--(i) Upper Deschutes River
Watershed 1707030603. Outlet(s) = Deschutes River (Lat 44.8579, Long -
121.0668) upstream to endpoint(s) in: Deschutes River (44.7243, -
121.2465); Shitike Creek (44.7655, -121.5835); Unnamed (44.7934, -
121.3715).
(ii) Mill Creek Watershed 1707030604. Outlet(s) = Mill Creek (Lat
44.8792, Long -121.3711) upstream to endpoint(s) in: Boulder Creek
(44.8261, -121.4924); Mill Creek (44.8343, -121.6737); Unnamed (44.8330,
-121.6756).
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(iii) Beaver Creek Watershed 1707030605. Outlet(s) = Beaver Creek
(Lat 44.8730, Long -121.3405) upstream to endpoint(s) in: Beaver Butte
Creek (45.0786, -121.5746); Beaver Creek (45.1306, -121.6468); Indian
Creek (45.0835, -121.5113).
(iv) Warm Springs River Watershed 1707030606. Outlet(s) = Warm
Springs River (Lat 44.8579, Long -121.0668) upstream to endpoint(s) in:
Badger Creek 2 (44.9352, -121.5569); South Fork Warm Springs
River (44.9268, -121.6995); Warm Springs River (44.9812, -121.7976).
(v) Middle Deschutes River Watershed 1707030607. Outlet(s) =
Deschutes River (Lat 45.2642, Long -121.0232) upstream to endpoint(s)
in: Cove Creek (44.9673, -121.0430); Deschutes River (44.8579, -
121.0668); Eagle Creek (44.9999, -121.1688); Nena Creek (45.1030, -
121.1653); Oak Creek (44.9336, -121.0981); Paquet Gulch (45.0676, -
121.2911); Skookum Creek (44.9171, -121.1251); Stag Canyon (45.1249, -
121.0563); Unnamed (45.0186, -121.0464); Unnamed (45.0930, -121.1511);
Wapinitia Creek (45.1177, -121.3025).
(vi) Bakeoven Creek Watershed 1707030608. Outlet(s) = Bakeoven Creek
(Lat 45.1748, Long -121.0728) upstream to endpoint(s) in: Bakeoven Creek
(45.1261, -120.9398); Booten Creek (45.1434, -121.0131); Cottonwood
Creek (45.0036, -120.8720); Deep Creek (44.9723, -120.9480); Robin Creek
(45.1209, -120.9652); Trail Hollow Creek (45.1481, -121.0423).
(vii) Buck Hollow Creek Watershed 1707030611. Outlet(s) = Buck
Hollow Creek (Lat 45.2642, Long -121.0232) upstream to endpoint(s) in:
Buck Hollow Creek (45.0663, -120.7095); Finnegan Creek (45.2231, -
120.8472); Macken Canyon (45.1093, -120.7011); Thorn Hollow (45.0450, -
120.7386).
(viii) Lower Deschutes River Watershed 1707030612. Outlet(s) =
Deschutes River (Lat 45.6426, Long -120.9142) upstream to endpoint(s)
in: Bull Run Canyon (45.4480, -120.8655); Deschutes River (45.2642, -
121.0232); Fall Canyon (45.5222, -120.8538); Ferry Canyon (45.3854, -
120.9373); Jones Canyon (45.3011, -120.9404); Macks Canyon (45.3659, -
120.8524); Oak Canyon (45.3460, -120.9960); Sixteen Canyon (45.4050, -
120.8529).
(14) Trout Subbasin 17070307--(i) Upper Trout Creek Watershed
1707030701. Outlet(s) = Trout Creek (Lat 44.8229, Long -120.9193)
upstream to endpoint(s) in: Amity Creek (44.6447, -120.5854); Auger
Creek (44.5539, -120.5381); Beaver Creek (44.6390, -120.7034); Big Log
Creek (44.5436, -120.6997); Big Whetstone Creek (44.6761, -120.7645);
Board Hollow (44.6064, -120.7405); Cartwright Creek (44.5404, -
120.6535); Clover Creek (44.6523, -120.7358); Dutchman Creek (44.5320, -
120.6704); Foley Creek (44.5861, -120.6801); Little Trout Creek
(44.7816, -120.7237); Opal Creek (44.5792, -120.5446); Potlid Creek
(44.5366, -120.6207); Trout Creek (44.5286, -120.5805); Tub Springs
Canyon (44.8155, -120.7888); Unnamed (44.5428, -120.5848); Unnamed
(44.6043, -120.7403); Unnamed (44.6510, -120.7337).
(ii) Antelope Creek Watershed 1707030702. Antelope Creek (Lat
44.8229, Long -120.9193) upstream to endpoint(s) in: Antelope Creek
(44.8564, -120.8574); Boot Creek (44.9086, -120.8864); Pole Creek
(44.9023, -120.9108); Ward Creek (44.9513, -120.8341).
(iii) Lower Trout Creek Watershed 1707030705. Outlet(s) = Trout
Creek (Lat 44.8214, Long -121.0876) upstream to endpoint(s) in: Brocher
Creek (44.8357, -121.0330); Hay Creek (44.7824, -120.9652); Trout Creek
(44.8229, -120.9193).
(15) Upper Columbia/Priest Rapids Subbasin 17020016--Columbia River/
Zintel Canyon Watershed 1702001606. Outlet(s) = Columbia River (Lat
46.1776, Long -119.0183) upstream to endpoint(s) in: Columbia River
(46.2534, -119.2268).
(16) Columbia River Corridor-Columbia River Corridor Outlet(s) =
Columbia River (Lat 46.2485, Long -124.0782) upstream to endpoint(s) in:
Columbia River (45.7070, -121.7943).
(17) Maps of critical habitat for the Middle Columbia River
Steelhead ESU follow:
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(s) Lower Columbia River Steelhead (Oncorhynchus mykiss). Critical
habitat is designated to include the areas defined in the following
subbasins:
(1) Middle Columbia/Hood Subbasin 17070105--(i) East Fork Hood River
Watershed 1707010506. Outlet(s) = Hood River (Lat 45.6050, Long -
121.6323) upstream to endpoint(s) in: Baldwin Creek (45.5618, -
121.5585); Bear Creek (45.4894, -121.6516); Cat Creek (45.4708, -
121.5591); Clark Creek (45.3335, -121.6420); Coe Branch (45.4342, -
121.6673); Cold Spring Creek (45.4020, -121.5873);Culvert Creek
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(45.3770, -121.5660); Dog River (45.4404, -121.5623); East Fork Hood
River (45.3172, -121.6390); Eliot Branch, Middle Fork Hood River
(45.4534, -121.6362); Emil Creek (45.5223, -121.5886); Evans Creek
(45.4872, -121.5894); Graham Creek (45.5463, -121.5639); Meadows Creek
(45.3195, -121.6279); Newton Creek (45.3370, -121.6261); Pinnacle Creek
(45.4595, -121.6568); Pocket Creek (45.3025, -121.5969); Polallie Creek
(45.4132, -121.5826); Tony Creek (45.5254, -121.6584); Unnamed (45.3470,
-121.5843); Unnamed (45.4661, -121.5627); Unnamed (45.5208, -121.6198);
Unnamed (45.5445, -121.5738).
(ii) West Fork Hood River Watershed 1707010507. Outlet(s) = West
Fork Hood River (Lat 45.6050, Long -121.6323) upstream to endpoint(s)
in: Divers Creek (45.5457, -121.7447); Elk Creek (45.4294, -121.7884);
Green Point Creek (45.5915, -121.6981); Indian Creek (45.5375, -
121.7857); Jones Creek (45.4673, -121.8020); Lake Branch (45.5083, -
121.8485); McGee Creek (45.4120, -121.7598); No Name Creek (45.5347, -
121.7929); Red Hill Creek (45.4720, -121.7705); Unnamed (45.5502, -
121.7014).
(iii) Hood River Watershed 1707010508. Outlet(s) = Hood River (Lat
45.7237, Long -121.5049) upstream to endpoint(s) in: Hood River
(45.6050, -121.6323); Lenz Creek (45.6291, -121.5220); Neal Creek
(45.5787, -121.4875); West Fork Neal Creek (45.5751, -121.5215); Whiskey
Creek (45.6827, -121.5064).
(iv) Wind River Watershed 1707010511. Outlet(s) = Wind River (Lat
45.7067, Long -121.7929) upstream to endpoint(s) in: Bear Creek
(45.7619, -121.8295); Big Hollow Creek (45.9408, -122.0075); Bourbon
Creek (45.9246, -121.9982); Brush Creek (45.7720, -121.7528); Cedar
Creek (45.8388, -121.7956); Compass Creek (45.8372, -122.0633); Crater
Creek (45.8637, -122.0639); Dry Creek (45.9551, -121.9924); East Fork
Trout Creek (45.8503, -122.0096); Eightmile Creek (45.8616, -121.8966);
Falls Creek (45.9107, -121.9151); Hollis Creek (45.8524, -121.9304);
Jimmy Creek (45.7886, -121.8409); Layout Creek (45.8096, -122.0475);
Little Wind River (45.7763, -121.7222); Martha Creek (45.7846, -
121.9482); Mouse Creek (45.8415, -121.8428); Ninemile Creek (45.8942, -
121.9023); Oldman Creek (45.9856, -121.9369); Panther Creek (45.8605, -
121.8422); Pass Creek (45.8555, -122.0133); Planting Creek (45.8071, -
122.0010); Proverbial Creek (45.9816, -121.9654); Tenmile Creek
(45.8760, -121.8694); Trapper Creek (45.9113, -122.0470); Trout Creek
(45.8679, -122.0477); Unnamed (45.7862, -121.9097); Unnamed (45.8008, -
121.9881); Unnamed (45.8025, -121.9678); Unnamed (45.8142, -122.0204);
Unnamed (45.8149, -122.0532); Unnamed (45.8161, -121.8437); Unnamed
(45.8206, -121.8111); Unnamed (45.8218, -121.9470); Unnamed (45.8242, -
122.0295); Unnamed (45.8427, -121.9180); Unnamed (45.8509, -121.9190);
Unnamed (45.8529, -122.0406); Unnamed (45.8551, -122.0638); Unnamed
(45.8610, -121.9635); Unnamed (45.8637, -122.0625); Unnamed (45.8640, -
121.9764); Unnamed (45.8682, -121.9714); Unnamed (45.8940, -122.0348);
Unnamed (45.8965, -122.0035); Unnamed (45.9652, -121.9517); Unnamed
(45.9798, -121.8873); Unnamed (45.9844, -121.9171); Wind River (45.9964,
-121.9000).
(v) Middle Columbia/Grays Creek Watershed 1707010512. Outlet(s) =
Columbia River (Lat 45.7070, Long -121.7943) upstream to endpoint(s) in:
Columbia River (45.7237, -121.5049).
(vi) Middle Columbia/Eagle Creek Watershed 1707010513. Outlet(s) =
Columbia River (Lat 45.6453, Long -121.9395) upstream to endpoint(s) in:
Columbia River (45.7070, -121.7943).
(2) Lower Columbia/Sandy Subbasin 17080001--(i) Salmon River
Watershed 17080001. Outlet(s) = Salmon River (Lat 45.3768, Long -
122.0293) upstream to endpoint(s) in: Bighorn Creek (45.2582, -
121.9204); Boulder Creek (45.3027, -122.0209); Cheeney Creek (45.2919, -
121.9710); Copper Creek (45.2454, -121.9051); Mack Hall Creek (45.2391,
-121.9508); Salmon River (45.2511, -121.9025); South Fork Salmon River
(45.2500, -121.9770); Unnamed (45.2576, -121.9068); Unnamed (45.2600, -
121.9093); Unnamed (45.2633, -121.9153); Unnamed (45.2646, -121.9175);
Unnamed (45.2708, -121.9246); Unnamed (45.2946, -121.9388); Unnamed
(45.3161, -121.9565); Unnamed (45.3225, -121.9609); Unnamed (45.3254, -
121.9582); Unnamed (45.3277, -121.9635); Unnamed (45.3336, -121.9538);
Unnamed (45.3383, -121.9768); Unnamed (45.3398, -121.9954).
(ii) Zigzag River Watershed 1708000102. Outlet(s) = Zigzag River
(Lat 45.3489, Long -121.9442) upstream to endpoint(s)
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in: Camp Creek (45.3070, -121.7921); Cool Creek (45.2867, -121.8849);
Devil Canyon (45.3186, -121.8587); Henry Creek (45.3241, -121.8869);
Lady Creek (45.3199, -121.8225); Little Zigzag Canyon (45.3138, -
121.8035); Still Creek (45.3167, -121.7228); Unnamed (45.2647, -
121.8342); Unnamed (45.2706, -121.8194); Unnamed (45.2793, -121.8529);
Unnamed (45.2801, -121.8537); Wind Creek (45.2961, -121.8515); Zigzag
River (45.3270, -121.7786).
(iii) Upper Sandy River Watershed 1708000103. Outlet(s) = Sandy
River (Lat 45.3489, Long -121.9442) upstream to endpoint(s) in: Cast
Creek (45.3794, -121.8538); Clear Creek (45.3998, -121.8936); Clear Fork
(45.4256, -121.8006); Horseshoe Creek (45.3664, -121.8680); Little Clear
Creek (45.3854, -121.9190); Lost Creek (45.3670, -121.8091); Muddy Fork
(45.3920, -121.7577); Sandy River (45.3719, -121.7560); Unnamed
(45.3813, -121.8954); Unnamed (45.3904, -121.7979); Unnamed (45.4090, -
121.8056); Unnamed (45.4164, -121.8342).
(iv) Middle Sandy River Watershed 1708000104. Outlet(s) = Sandy
River (Lat 45.4464, Long -122.2459) upstream to endpoint(s) in: Alder
Creek (45.3459, -122.0875); Bear Creek 2 (45.3368, -121.9265);
Cedar Creek (45.4046, -122.2513); Hackett Creek (45.3525, -121.9504);
North Boulder Creek (45.3900, -122.0037); Sandy River (45.3489, -
121.9442); Unnamed (45.3469, -122.0673); Unnamed (45.3699, -122.0764);
Unnamed (45.3808, -122.0325); Unnamed (45.3864, -122.0355); Whisky Creek
(45.3744, -122.1202).
(v) Washougal River Watershed 1708000106. Outlet(s) = Unnamed (Lat
45.5812, Long -122.4077); Washougal River (45.5795, -122.4023) upstream
to endpoint(s) in: Bear Creek (45.7732, -122.1468); Bluebird Creek
(45.7486, -122.1717); Cougar Creek (45.6514, -122.2677); Dougan Creek
(45.7080, -122.1817); East Fork Little Washougal River (45.6722, -
122.2827); Grouse Creek (45.7574, -122.1352); Hagen Creek (45.7154, -
122.2518); Jackson Creek (45.6755, -122.2530); Jones Creek (45.6913, -
122.2870); Lacamas Creek (45.5972, -122.3933); Little Washougal River
(45.7006, -122.3212); Lookout Creek (45.7806, -122.1006); Meander Creek
(45.7708, -122.0848); Prospector Creek (45.7590, -122.0890); Silver
Creek (45.7343, -122.1694); Stebbins Creek (45.7285, -122.0683); Texas
Creek (45.6946, -122.1873); Timber Creek (45.7236, -122.1001); Unnamed
(45.5873, -122.4121); Unnamed (45.6002, -122.3312); Unnamed (45.6132, -
122.3238); Unnamed (45.6177, -122.2425); Unnamed (45.6206, -122.3449);
Unnamed (45.6213, -122.2807); Unnamed (45.6243, -122.2283); Unnamed
(45.6251, -122.3419); Unnamed (45.6279, -122.2549); Unnamed (45.6297, -
122.2463); Unnamed (45.6321, -122.2753); Unnamed (45.6328, -122.2574);
Unnamed (45.6382, -122.2915); Unnamed (45.6477, -122.3665); Unnamed
(45.6487, -122.3336); Unnamed (45.6507, -122.1562); Unnamed (45.6531, -
122.2739); Unnamed (45.6594, -122.2062); Unnamed (45.6622, -122.3015);
Unnamed (45.6625, -122.3446); Unnamed (45.6675, -122.3415); Unnamed
(45.6694, -122.1553); Unnamed (45.6703, -122.3399); Unnamed (45.6721, -
122.1725); Unnamed (45.6749, -122.3370); Unnamed (45.6798, -122.2905);
Unnamed (45.6835, -122.3336); Unnamed (45.6836, -122.1146); Unnamed
(45.6871, -122.2996); Unnamed (45.6934, -122.1063); Unnamed (45.6949, -
122.3305); Unnamed (45.6959, -122.3149); Unnamed (45.6965, -122.0837);
Unnamed (45.7074, -122.1566); Unnamed (45.7080, -122.2600); Unnamed
(45.7092, -122.2510); Unnamed (45.7179, -122.0744); Unnamed (45.7201, -
122.1360); Unnamed (45.7249, -122.1067); Unnamed (45.7285, -122.1965);
Unnamed (45.7303, -122.1126); Unnamed (45.7458, -122.1328); Unnamed
(45.7476, -122.0518); Unnamed (45.7482, -122.1594); Unnamed (45.7624, -
122.1308); Unnamed (45.7841, -122.1211); Washougal River (45.7798, -
122.1403); West Fork Washougal River (45.7382, -122.2173); Wildboy Creek
(45.6712, -122.2172); Winkler Creek (45.6377, -122.2588).
(vi) Columbia Gorge Tributaries Watershed 1708000107. Outlet(s) =
Columbia River (Lat 45.5710, Long -122.4021) upstream to endpoint(s) in:
Columbia River (45.6453, -121.9395).
(vii) Lower Sandy River Watershed 1708000108. Outlet(s) = Sandy
River (Lat 45.5679, Long -122.4023) upstream to endpoint(s) in: Beaver
Creek (45.4959, -122.3643); Big Creek (45.5068, -122.2966); Buck Creek
(45.4985, -122.2671); Gordon Creek (45.5021, -122.1805); Kelly Creek
(45.5134, -122.3953); Sandy River (45.4464, -122.2459); Smith Creek
(45.5136, -122.3339); Trout Creek (45.4819, -122.2769); Unnamed
(45.4889, -122.3513);
[[Page 460]]
Unnamed (45.5557, -122.3715); Unnamed (45.5600, -122.3650).
(3) Lewis Subbasin 17080002--(i) East Fork Lewis River Watershed
1708000205. Outlet(s) = Allen Creek (Lat 45.8641, Long -122.7499); East
Fork Lewis River (45.8664, -122.7189); Gee Creek (45.8462, -122.7803)
upstream to endpoint(s) in: Allen Creek (45.8279, -122.6968); Anaconda
Creek (45.8208, -122.2652); Basket Creek (45.8327, -122.4579); Big Tree
Creek (45.8572, -122.3728); Brezee Creek (45.8625, -122.6637); Cedar
Creek (45.7226, -122.3290); Cold Creek (45.7493, -122.3252); Copper
Creek (45.8177, -122.2637); Coyote Creek (45.7554, -122.2641); East Fork
Lewis River (45.8380, -122.0948); Gee Creek (45.7920, -122.6679); Green
Fork (45.8462, -122.1274); Grouse Creek (45.7214, -122.2709); King Creek
(45.7802, -122.2552); Little Creek (45.8417, -122.1779); Lockwood Creek
(45.8986, -122.5953); Mason Creek (45.8661, -122.5430); McCormick Creek
(45.8521, -122.6907); McKinley Creek (45.8026, -122.1797); Niccolls
Creek (45.8148, -122.3093); Poison Gulch (45.7898, -122.1617); Riley
Creek (45.8936, -122.6175); Rock Creek (45.7375, -122.2571); Roger Creek
(45.8183, -122.3426); Slide Creek (45.8477, -122.2090); Unnamed
(45.7212, -122.3389); Unnamed (45.7623, -122.2727); Unnamed (45.7697, -
122.3157); Unnamed (45.7726, -122.6651); Unnamed (45.7770, -122.3539);
Unnamed (45.7802, -122.6068); Unnamed (45.7858, -122.3283); Unnamed
(45.7916, -122.3780); Unnamed (45.7919, -122.2780); Unnamed (45.7961, -
122.1312); Unnamed (45.7980, -122.5650); Unnamed (45.8033, -122.6667);
Unnamed (45.8038, -122.3545); Unnamed (45.8075, -122.1120); Unnamed
(45.8076, -122.6285); Unnamed (45.8079, -122.2942); Unnamed (45.8146, -
122.4818); Unnamed (45.8147, -122.3144); Unnamed (45.8149, -122.5653);
Unnamed (45.8172, -122.5742); Unnamed (45.8207, -122.4916); Unnamed
(45.8230, -122.7069); Unnamed (45.8242, -122.6390); Unnamed (45.8292, -
122.6040); Unnamed (45.8306, -122.3769); Unnamed (45.8353, -122.4842);
Unnamed (45.8363, -122.1252); Unnamed (45.8368, -122.6498); Unnamed
(45.8381, -122.4685); Unnamed (45.8427, -122.3708); Unnamed (45.8432, -
122.1480); Unnamed (45.8434, -122.2292); Unnamed (45.8439, -122.6478);
Unnamed (45.8471, -122.7486); Unnamed (45.8475, -122.6486); Unnamed
(45.8484, -122.4401); Unnamed (45.8498, -122.7300); Unnamed (45.8502, -
122.5228); Unnamed (45.8513, -122.1323); Unnamed (45.8537, -122.5973);
Unnamed (45.8600, -122.6112); Unnamed (45.8604, -122.3831); Unnamed
(45.8606, -122.3981); Unnamed (45.8662, -122.5772); Unnamed (45.8667, -
122.5744); Unnamed (45.8689, -122.4227); Unnamed (45.8698, -122.6777);
Unnamed (45.8756, -122.4795); Unnamed (45.8813, -122.4772); Unnamed
(45.8899, -122.6256); Unnamed (45.8986, -122.5742); Unnamed (45.8988, -
122.6123); Unnamed (45.9055, -122.5187); Yacolt Creek (45.8761, -
122.4220).
(ii) Lower Lewis River Watershed 1708000206. Outlet(s) = Lewis River
(Lat 45.8519, Long -122.7806) upstream to endpoint(s) in: Bitter Creek
(45.9133, -122.4593); Brush Creek (45.9280, -122.4674); Cedar Creek
(45.9019, -122.3655); Chelatchie Creek (45.9357, -122.3784); Colvin
Creek (45.9400, -122.6081); Houghton Creek (45.9559, -122.6348); John
Creek (45.9291, -122.4964); Johnson Creek (45.9536, -122.6183); Lewis
River (45.9570, -122.5550); Pup Creek (45.9486, -122.5245); Robinson
Creek (45.9362, -122.7243); Ross Creek (45.9536, -122.7043); Staples
Creek (45.9423, -122.6665); Unnamed (45.8696, -122.7658); Unnamed
(45.8878, -122.3688); Unnamed (45.8928, -122.4209); Unnamed (45.8940, -
122.4371); Unnamed (45.9001, -122.7226); Unnamed (45.9136, -122.6836);
Unnamed (45.9141, -122.5565); Unnamed (45.9172, -122.3591); Unnamed
(45.9202, -122.5339); Unnamed (45.9203, -122.4557); Unnamed (45.9245, -
122.3731); Unnamed (45.9258, -122.5964); Unnamed (45.9294, -122.6225);
Unnamed (45.9396, -122.4097); Unnamed (45.9417, -122.7035); Unnamed
(45.9436, -122.6417); Unnamed (45.9438, -122.6190); Unnamed (45.9446, -
122.6437); Unnamed (45.9457, -122.3926); Unnamed (45.9474, -122.6695);
Unnamed (45.9549, -122.6967).
(4) Lower Columbia/Clatskanie Subbasin 17080003--Kalama River
Watershed 1708000301. Outlet(s) = Burris Creek (Lat 45.8926, Long -
122.7892); Bybee Creek (45.9667, -122.8150); Kalama River (46.0340, -
122.8695); Mill Creek (45.9579, -122.8030); Schoolhouse Creek (45.9785,
-122.8282); Unnamed (46.0001, -122.8438); Unnamed (46.0075, -122.8455)
upstream to endpoint(s) in: Arnold Creek (46.0206, -122.5638); Bear
Creek (46.0951, -122.5772); Burris Creek (45.9506, -122.7428); Bush
Creek (46.0828, -122.4611); Bybee Creek (45.9695,
[[Page 461]]
-122.8135); Canyon Creek (45.9540, -122.7925); Cedar Creek (46.0333, -
122.8110); Dee Creek (45.9953, -122.6525); Elk Creek (46.1154, -
122.4796); Hatchery Creek (46.0673, -122.7548); Indian Creek (46.0516, -
122.7502); Jacks Creek (46.0400, -122.5014); Kalama River (46.1109, -
122.3579); Knowlton Creek (46.0245, -122.6454); Langdon Creek (46.1137,
-122.4364); Little Kalama River (45.9745, -122.6604); Lost Creek
(46.0692, -122.5292); Mill Creek (45.9741, -122.7756); North Fork Elk
Creek (46.1086, -122.5284); North Fork Kalama River (46.1550, -
122.4007); Schoolhouse Creek (45.9810, -122.8217); Spencer Creek
(46.0253, -122.8285); Summers Creek (46.0357, -122.6529); Unnamed
(45.9034, -122.7792); Unnamed (45.9423, -122.7761); Unnamed (45.9683, -
122.7751); Unnamed (45.9772, -122.6534); Unnamed (45.9820, -122.7123);
Unnamed (45.9830, -122.8249); Unnamed (45.9957, -122.6742); Unnamed
(46.0023, -122.8001); Unnamed (46.0034, -122.8330); Unnamed (46.0059, -
122.7350); Unnamed (46.0064, -122.7377); Unnamed (46.0238, -122.5834);
Unnamed (46.0257, -122.5913); Unnamed (46.0389, -122.6305); Unnamed
(46.0437, -122.5713); Unnamed (46.0440, -122.8548); Unnamed (46.0462, -
122.5097); Unnamed (46.0473, -122.7668); Unnamed (46.0611, -122.5514);
Unnamed (46.0618, -122.4290); Unnamed (46.0634, -122.5630); Unnamed
(46.0645, -122.3953); Unnamed (46.0861, -122.6708); Unnamed (46.0882, -
122.5729); Unnamed (46.0982, -122.4887); Unnamed (46.0986, -122.6384);
Unnamed (46.0998, -122.6089); Unnamed (46.1031, -122.3851); Unnamed
(46.1076, -122.5965); Unnamed (46.1086, -122.4399); Unnamed (46.1088, -
122.3440); Unnamed (46.1124, -122.6411); Unnamed (46.1153, -122.5646);
Unnamed (46.1159, -122.5728); Unnamed (46.1169, -122.3397); Unnamed
(46.1242, -122.5932); Unnamed (46.1244, -122.4255); Unnamed (46.1355, -
122.4413); Unnamed (46.1451, -122.4279); Unnamed (46.1543, -122.4131);
Unnamed (46.1559, -122.4254); Wild Horse Creek (46.1018, -122.6755);
Wolf Creek (46.0523, -122.4334).
(5) Upper Cowlitz Subbasin 17080004--(i) Headwaters Cowlitz River
Watershed 1708000401. Outlet(s) = Cowlitz River (Lat 46.6580, Long -
121.6032) upstream to endpoint(s) in: Clear Fork Cowlitz River (46.6846,
-121.5668); Muddy Fork Cowlitz River (46.6973, -121.6177); Ohanapecosh
River (46.6909, -121.5809); Purcell Creek (46.6722, -121.5877).
(ii) Upper Cowlitz River Watershed 1708000402. Outlet(s) = Cowlitz
River (Lat 46.5742, Long -121.7059) upstream to endpoint(s) in: Butter
Creek (46.6451, -121.6749); Coal Creek (46.6438, -121.6108); Cowlitz
River (46.6580, -121.6032); Hall Creek (46.6044, -121.6609); Johnson
Creek (46.5546, -121.6373); Lake Creek (46.6227, -121.6093); Skate Creek
(46.6850, -121.8052); Unnamed (46.6930, -121.8024).
(iii) Cowlitz Valley Frontal Watershed 1708000403. Outlet(s) =
Cowlitz River (Lat 46.4765, Long -122.0952) upstream to endpoint(s) in:
Burton Creek (46.5423, -121.7505); Cowlitz River (46.5742, -121.7059);
Davis Creek (46.5410, -121.8084); Kilborn Creek (46.5081, -121.8007);
Oliver Creek (46.5450, -121.9928); Peters Creek (46.5386, -121.9830);
Siler Creek (46.4931, -121.9085); Silver Creek (46.5909, -121.9253);
Smith Creek (46.5620, -121.6923); Unnamed (46.4913, -122.0820); Unnamed
(46.5657, -122.0489); Willame Creek (46.5805, -121.7319).
(iv) Upper Cispus River Watershed 1708000404. Outlet(s) = Cispus
River (Lat 46.4449, Long -121.7954) upstream to endpoint(s) in: Cispus
River (46.3450, -121.6833); East Canyon Creek (46.3472, -121.7028);
North Fork Cispus River (46.4362, -121.6479); Timonium Creek (46.4318, -
121.6548); Twin Creek (46.3748, -121.7297); Yozoo Creek (46.4363, -
121.6637).
(v) Lower Cispus River Watershed 1708000405. Outlet(s) = Cispus
River (Lat 46.4765, Long -122.0952) upstream to endpoint(s) in: Ames
Creek (46.4654, -121.9233); Camp Creek (46.4513, -121.8301); Cispus
River (46.4449, -121.7954); Covell Creek (46.4331, -121.8516); Crystal
Creek (46.4454, -122.0234); Greenhorn Creek (46.4217, -121.9042); Iron
Creek (46.3887, -121.9702); McCoy Creek (46.3891, -121.8190); Quartz
Creek (46.4250, -122.0519); Unnamed (46.4633, -121.9548); Woods Creek
(46.4741, -121.9473); Yellowjacket Creek (46.3869, -121.8342).
(6) Cowlitz Subbasin 17080005--(i) Riffe Reservoir Watershed
1708000502. Outlet(s) = Cowlitz River (Lat 46.5033, Long -122.5870)
upstream to endpoint(s) in: Cowlitz River (46.4765, -122.0952).
(ii) Jackson Prairie Watershed 1708000503. Outlet(s) = Cowlitz River
(Lat 46.3678, Long -122.9337) upstream to endpoint(s) in: Bear Creek
(46.4538,
[[Page 462]]
-122.9192); Blue Creek (46.4885, -122.7253); Brights Creek (46.5015, -
122.6247); Cedar Creek (46.4110, -122.7316); Coon Creek (46.4371, -
122.9065); Cougar Creek (46.3937, -122.7945); Cowlitz River (46.5033, -
122.5870); Foster Creek (46.4073, -122.8897); Hopkey Creek (46.4587, -
122.5533); Jones Creek (46.5125, -122.6825); Lacamas Creek (46.5246, -
122.7923); Little Salmon Creek (46.4402, -122.7458); Mill Creek
(46.5024, -122.8013); Mill Creek (46.5175, -122.6209); Otter Creek
(46.4801, -122.7000); Pin Creek (46.4133, -122.8321); Rapid Creek
(46.4320, -122.5465); Skook Creek (46.5031, -122.7561); Unnamed
(46.3838, -122.7243); Unnamed (46.3841, -122.6789); Unnamed (46.3849, -
122.7043); Unnamed (46.3857, -122.9224); Unnamed (46.3881, -122.6949);
Unnamed (46.3900, -122.7368); Unnamed (46.3998, -122.8974); Unnamed
(46.4001, -122.7437); Unnamed (46.4015, -122.7327); Unnamed (46.4097, -
122.5887); Unnamed (46.4102, -122.6787); Unnamed (46.4106, -122.7075);
Unnamed (46.4115, -122.9091); Unnamed (46.4117, -122.7554); Unnamed
(46.4143, -122.7823); Unnamed (46.4174, -122.6365); Unnamed (46.4241, -
122.8170); Unnamed (46.4269, -122.6124); Unnamed (46.4291, -122.6418);
Unnamed (46.4293, -122.8354); Unnamed (46.4412, -122.5192); Unnamed
(46.4454, -122.8662); Unnamed (46.4496, -122.5281); Unnamed (46.4514, -
122.8699); Unnamed (46.4703, -122.7959); Unnamed (46.4708, -122.7713);
Unnamed (46.4729, -122.6850); Unnamed (46.4886, -122.8067); Unnamed
(46.5172, -122.6534); Unnamed (46.5312, -122.8196).
(iii) North Fork Toutle River Watershed 1708000504. Outlet(s) =
North Fork Toutle River (Lat 46.3669, Long -122.5859) upstream to
endpoint(s) in: Alder Creek (46.2813, -122.4964); Bear Creek (46.3085, -
122.3504); Coldwater Creek (46.2884, -122.2675); Cow Creek (46.3287, -
122.4616); Hoffstadt Creek (46.3211, -122.3324); Maratta Creek (46.2925,
-122.2845); Unnamed (46.3050, -122.5416); Unnamed (46.3346, -122.5460);
Unnamed (46.3394, -122.3314).
(iv) Green River Watershed 1708000505. Outlet(s) = Green River (Lat
46.3718, Long -122.5847) upstream to endpoint(s) in: Beaver Creek
(46.4056, -122.5671); Cascade Creek (46.3924, -122.3529); Devils Creek
(46.4017, -122.4089); Elk Creek (46.4178, -122.2477); Green River
(46.3857, -122.1815); Jim Creek (46.3885, -122.5256); Miners Creek
(46.3483, -122.1932); Shultz Creek (46.3684, -122.2848); Tradedollar
Creek (46.3769, -122.2411); Unnamed (46.3271, -122.2978); Unnamed
(46.3467, -122.2092); Unnamed (46.3602, -122.3257); Unnamed (46.3655, -
122.4774); Unnamed (46.3683, -122.3454); Unnamed (46.3695, -122.4132);
Unnamed (46.3697, -122.4705); Unnamed (46.3707, -122.5175); Unnamed
(46.3734, -122.3883); Unnamed (46.3817, -122.2348); Unnamed (46.3844, -
122.4335); Unnamed (46.3876, -122.4870); Unnamed (46.3931, -122.3726);
Unnamed (46.4023, -122.5543); Unnamed (46.4060, -122.5415); Unnamed
(46.4087, -122.5061); Unnamed (46.4106, -122.4300); Unnamed (46.4143, -
122.4463); Unnamed (46.4173, -122.2910); Unnamed (46.4196, -122.2850);
Unnamed (46.4226, -122.3029); Unnamed (46.4285, -122.2662).
(v) South Fork Toutle River Watershed 1708000506. Outlet(s) = South
Fork Toutle River (Lat 46.3282, Long -122.7215) upstream to endpoint(s)
in: Bear Creek (46.2219, -122.4620); Big Wolf Creek (46.2259, -
122.5662); Disappointment Creek (46.2138, -122.3080); Eighteen Creek
(46.2453, -122.5989); Harrington Creek (46.2508, -122.4126); Johnson
Creek (46.3047, -122.5923); Sheep Canyon (46.2066, -122.2672); South
Fork Toutle River (46.2137, -122.2347); Studebaker Creek (46.2825, -
122.6805); Thirteen Creek (46.2374, -122.6230); Trouble Creek (46.1999,
-122.3774); Twenty Creek (46.2508, -122.5738); Unnamed (46.1858, -
122.2983); Unnamed (46.1953, -122.2881); Unnamed (46.2068, -122.3301);
Unnamed (46.2075, -122.3267); Unnamed (46.2082, -122.2591); Unnamed
(46.2107, -122.4301); Unnamed (46.2115, -122.2786); Unnamed (46.2117, -
122.2378); Unnamed (46.2121, -122.5188); Unnamed (46.2157, -122.3467);
Unnamed (46.2215, -122.5318); Unnamed (46.2234, -122.3265); Unnamed
(46.2265, -122.3906); Unnamed (46.2271, -122.3367); Unnamed (46.2277, -
122.3719); Unnamed (46.2309, -122.3828); Unnamed (46.2357, -122.4802);
Unnamed (46.2365, -122.4402); Unnamed (46.2424, -122.4860); Unnamed
(46.2444, -122.5427); Unnamed (46.2457, -122.6283); Unnamed (46.2523, -
122.5147); Unnamed (46.2587, -122.5333); Unnamed (46.2591, -122.5240);
Unnamed (46.2608, -122.5493); Unnamed (46.2618, -122.5705); Unnamed
(46.2693, -122.5763); Unnamed (46.2707, -122.6094); Unnamed (46.2932, -
122.5890); Unnamed (46.2969, -122.6718); Unnamed (46.2976, -122.6129);
Unnamed (46.3035, -122.5952); Unnamed (46.3128,
[[Page 463]]
-122.7032); Unnamed (46.3217, -122.6473); Whitten Creek (46.2328, -
122.4944).
(vi) East Willapa Watershed 1708000507. Outlet(s) = Cowlitz River
(Lat 46.2660, Long -122.9154) upstream to endpoint(s) in: Arkansas Creek
(46.3345, -123.0567); Baxter Creek (46.3367, -122.9841); Brim Creek
(46.4446, -123.0395); Campbell Creek (46.3436, -123.0700); Cline Creek
(46.3397, -122.8550); Cowlitz River (46.3678, -122.9337); Delameter
Creek (46.2705, -123.0143); Ferrier Creek (46.4646, -122.9374); Hemlock
Creek (46.2586.-122.7270); Hill Creek (46.3861, -122.8864); King Creek
(46.5304, -123.0203); McMurphy Creek (46.4113, -122.9469); Monahan Creek
(46.3041, -123.0614); North Fork Brim Creek (46.4627, -123.0222); North
Fork Toutle River (46.3669, -122.5859); Owens Creek (46.3994, -
123.0457); Rock Creek (46.3479, -122.8144); Rock Creek (46.3531, -
122.9368); Snow Creek (46.4486, -122.9805); Stankey Creek (46.3259, -
122.8266); Stillwater Creek (46.3583, -123.1144); Sucker Creek (46.2600,
-122.7684); Tucker Creek (46.2565, -123.0162); Unnamed (46.2413, -
122.9887); Unnamed (46.2480, -123.0169); Unnamed (46.2480, -122.7759);
Unnamed (46.2517, -123.0173); Unnamed (46.2606, -122.9549); Unnamed
(46.2629, -123.0188); Unnamed (46.2663, -122.9804); Unnamed (46.2709, -
122.7687); Unnamed (46.2711, -122.8159); Unnamed (46.2840, -122.8128);
Unnamed (46.2878, -123.0286); Unnamed (46.2883, -122.9051); Unnamed
(46.2892, -122.9625); Unnamed (46.2900, -122.8124); Unnamed (46.3030, -
123.0645); Unnamed (46.3092, -122.9826); Unnamed (46.3160, -122.7783);
Unnamed (46.3161, -123.0123); Unnamed (46.3173, -122.8950); Unnamed
(46.3229, -122.8152); Unnamed (46.3245, -122.8609); Unnamed (46.3248, -
123.0292); Unnamed (46.3252, -122.9238); Unnamed (46.3294, -122.9084);
Unnamed (46.3309, -123.0046); Unnamed (46.3316, -122.8257); Unnamed
(46.3346, -123.0167); Unnamed (46.3378, -122.9398); Unnamed (46.3393, -
122.9402); Unnamed (46.3415, -122.9208); Unnamed (46.3456, -122.6405);
Unnamed (46.3472, -122.9457); Unnamed (46.3488, -123.0519); Unnamed
(46.3510, -123.0079); Unnamed (46.3511, -122.7678); Unnamed (46.3584, -
122.7902); Unnamed (46.3585, -123.0369); Unnamed (46.3586, -122.7477);
Unnamed (46.3599, -123.0992); Unnamed (46.3623, -122.6910); Unnamed
(46.3665, -122.6334); Unnamed (46.3667, -122.8953); Unnamed (46.3683, -
122.8930); Unnamed (46.3683, -122.7502); Unnamed (46.3718, -122.6202);
Unnamed (46.3720, -123.0933); Unnamed (46.3748, -122.6167); Unnamed
(46.3818, -122.8822); Unnamed (46.3824, -122.6090); Unnamed (46.3942, -
122.9794); Unnamed (46.4015, -123.0272); Unnamed (46.4045, -123.0194);
Unnamed (46.4177, -122.9611); Unnamed (46.4200, -123.0403); Unnamed
(46.4286, -123.0467); Unnamed (46.4362, -123.0451); Unnamed (46.4379, -
122.9985); Unnamed (46.4571, -122.9604); Unnamed (46.4606, -123.0166);
Unnamed (46.4724, -122.9989); Unnamed (46.4907, -122.9352); Unnamed
(46.5074, -122.8877); Unnamed (46.5089, -122.9291); Unnamed (46.5228, -
122.8539); Unnamed (46.5336, -122.9793); Unnamed (46.5371, -122.8214);
Unnamed (46.5439, -122.8538); Whittle Creek (46.3122, -122.9501); Wyant
Creek (46.3381, -122.6117).
(vii) Coweeman River Watershed 1708000508. Outlet(s) = Cowlitz River
(Lat 46.0977, Long -122.9141); Owl Creek (46.0771, -122.8676) upstream
to endpoint(s) in: Baird Creek (46.1942, -122.5483); Coweeman River
(46.1505, -122.5172); Cowlitz River (46.2660, -122.9154); Goble Creek
(46.1103, -122.6789); Hill Creek (46.1784, -122.5990); Leckler Creek
(46.2317, -122.9470); Little Baird Creek (46.1905, -122.5709); Martin
Creek (46.1394, -122.5519); Mulholland Creek (46.2013, -122.6450);
Nineteen Creek (46.1437, -122.6146); North Fork Goble Creek (46.1363, -
122.6769); Nye Creek (46.1219, -122.8040); O'Neil Creek (46.1760, -
122.5422); Ostrander Creek (46.2103, -122.7623); Owl Creek (46.0913, -
122.8644); Salmon Creek (46.2547, -122.8839); Sandy Bend Creek (46.2319,
-122.9140); Skipper Creek (46.1639, -122.5887); South Fork Ostrander
Creek (46.1875, -122.8240); Turner Creek (46.1167, -122.8149); Unnamed
(46.0719, -122.8607); Unnamed (46.0767, -122.8605); Unnamed (46.0824, -
122.7200); Unnamed (46.0843, -122.7195); Unnamed (46.1185, -122.7253);
Unnamed (46.1289, -122.8968); Unnamed (46.1390, -122.5709); Unnamed
(46.1430, -122.8125); Unnamed (46.1433, -122.8084); Unnamed (46.1478, -
122.8649); Unnamed (46.1546, -122.6376); Unnamed (46.1562, -122.7808);
Unnamed (46.1579, -122.6476); Unnamed (46.1582, -122.5332); Unnamed
(46.1605, -122.6681); Unnamed (46.1620, -122.5885); Unnamed (46.1671, -
122.6284); Unnamed (46.1688, -122.9215); Unnamed (46.1724, -122.6118);
Unnamed
[[Page 464]]
(46.1735, -122.8282); Unnamed (46.1750, -122.8428); Unnamed (46.1750, -
122.7557); Unnamed (46.1797, -122.7746); Unnamed (46.1803, -122.7801);
Unnamed (46.1811, -122.7631); Unnamed (46.1814, -122.7656); Unnamed
(46.1840, -122.8191); Unnamed (46.1955, -122.9082); Unnamed (46.1966, -
122.5542); Unnamed (46.1971, -122.7118); Unnamed (46.2014, -122.8241);
Unnamed (46.2021, -122.6941); Unnamed (46.2027, -122.5593); Unnamed
(46.2172, -122.9516); Unnamed (46.2192, -122.6663); Unnamed (46.2199, -
122.8375); Unnamed (46.2208, -122.8887); Unnamed (46.2231, -122.9509);
Unnamed (46.2257, -122.7667); Unnamed (46.2261, -122.8023); Unnamed
(46.2379, -122.8859); Unnamed (46.2430, -122.8842).
(7) Clackamas Subbasin 17090011--(i) Collawash River Watershed
1709001101. Outlet(s) = Collawash River (Lat 45.0321, Long -122.0600)
upstream to endpoint(s) in: Blister Creek (44.9594, -122.1590); Dickey
Creek (44.9335, -122.0469); East Fork Collawash River (44.8789, -
121.9850); Elk Lake Creek (44.8886, -122.0128); Fan Creek (44.9926, -
122.0735); Farm Creek (44.9620, -122.0604); Hot Springs Fork Collawash
River (44.9005, -122.1616); Hugh Creek (44.9226, -122.1978); Pansy Creek
(44.9463, -122.1420); Skin Creek (44.9477, -122.2015); Thunder Creek
(44.9740, -122.1230).
(ii) Upper Clackamas River Watershed 1709001102. Outlet(s) =
Clackamas River (Lat 45.0321, Long -122.0600) upstream to endpoint(s)
in: Berry Creek (44.8291, -121.9176); Cabin Creek (45.0087, -121.8958);
Clackamas River (44.8723, -121.8470); Cub Creek (44.8288, -121.8863);
Fawn Creek (44.9089, -121.9226); Hunter Creek (44.8926, -121.9285);
Kansas Creek (44.9820, -121.8999); Last Creek (44.9759, -121.8424); Lost
Creek (45.0180, -121.9070); Lowe Creek (44.9636, -121.9457); Pinhead
Creek (44.9421, -121.8359); Pot Creek (45.0201, -121.9014); Rhododendron
Creek (44.9358, -121.9154); Sisi Creek (44.9110, -121.8875); Unnamed
(44.8286, -121.9225); Unnamed (44.8343, -121.8778); Unnamed (44.8944, -
121.9028); Unnamed (44.9355, -121.8735); Unnamed (44.9661, -121.8894);
Unnamed (44.9687, -121.8920); Unnamed (45.0000, -121.8910).
(iii) Oak Grove Fork Clackamas River Watershed 1709001103. Outlet(s)
= Oak Grove Fork Clackamas River (Lat 45.0746, Long -122.0520) upstream
to endpoint(s) in: Oak Grove Fork Clackamas River (45.0823, -121.9861);
Pint Creek (45.0834, -122.0355).
(iv) Middle Clackamas River Watershed 1709001104. Outlet(s) =
Clackamas River (Lat 45.2440, Long -122.2798) upstream to endpoint(s)
in: Big Creek (45.0694, -122.0848); Calico Creek (45.0682, -122.1627);
Clackamas River (45.0321, -122.0600); Cripple Creek (45.1149, -
122.0618); Fish Creek (45.0634, -122.1597); Mag Creek (45.0587, -
122.0488); North Fork Clackamas River (45.2371, -122.2181); Pick Creek
(45.0738, -122.1994); Pup Creek (45.1451, -122.1055); Roaring River
(45.1773, -122.0650); Sandstone Creek (45.0862, -122.0845); Second Creek
(45.1081, -122.1601); South Fork Clackamas River (45.1912, -122.2261);
Tag Creek (45.0605, -122.0475); Tar Creek (45.0494, -122.0569); Third
Creek (45.0977, -122.1649); Trout Creek (45.0379, -122.0720); Wash Creek
(45.0473, -122.1893); Whale Creek (45.1102, -122.0849).
(v) Eagle Creek Watershed 1709001105. Outlet(s) = Eagle Creek (Lat
45.3535, Long -122.3823) upstream to endpoint(s) in: Bear Creek
(45.3369, -122.2331); Currin Creek (45.3369, -122.3555); Delph Creek
(45.2587, -122.2098); Eagle Creek (45.2766, -122.1998); Little Eagle
Creek (45.3003, -122.1682); North Fork Eagle Creek (45.3142, -122.1135);
Trout Creek (45.3305, -122.1187).
(vi) Lower Clackamas River 1709001106. Outlet(s) = Clackamas River
(Lat 45.3719, Long -122.6071) upstream to endpoint(s) in: Bargfeld Creek
(45.3195, -122.4398); Clackamas River (45.2440, -122.2798); Clear Creek
(45.2022, -122.3121); Deep Creek (45.3421, -122.2799); Foster Creek
(45.3512, -122.4082); Goose Creek (45.3621, -122.3549); Little Clear
Creek (45.2803, -122.4055); Mosier Creek (45.2683, -122.4516); North
Fork Deep Creek (45.4271, -122.3094); Richardson Creek (45.4097, -
122.4484); Rock Creek (45.4157, -122.5013); Tickle Creek (45.3932, -
122.2775); Unnamed (45.3502, -122.4861); Unnamed (45.3626, -122.2858);
Unnamed (45.3816, -122.3721); Unnamed (45.4057, -122.3223); Unnamed
(45.4102, -122.2987); Wade Creek (45.2922, -122.3237).
(8) Lower Willamette Subbasin 17090012--(i) Johnson Creek Watershed
1709001201. Outlet(s) = Willamette River (Lat 45.4423, Long -122.6453)
upstream to endpoint(s) in: Crystal Springs
[[Page 465]]
Creek (45.4811, -122.6381); Crystal Springs Lake (45.4799, -122.6361);
Johnson Creek (45.4610, -122.3432); Kellogg Creek (45.4083, -122.5925);
Kelly Creek (45.4661, -122.4655); Mount Scott Creek (45.4306, -
122.5556); Oswego Creek (45.4105, -122.6666); Phillips Creek (45.4328, -
122.5763); Tryon Creek (45.4472, -122.6863); Unnamed (45.4793, -
122.4165); Willamette River (45.3719, -122.6071).
(ii) Scappoose Creek Watershed 1709001202. Outlet(s) = Multnomah
Channel (Lat 45.8577, Long -122.7919) upstream to endpoint(s) in:
Multnomah Channel (45.6188, -122.7921).
(iii) Columbia Slough/Willamette River Watershed 1709001203.
Outlet(s) = Willamette River (Lat 45.6530, Long -122.7646) upstream to
endpoint(s) in: Bybee Lake (45.6266, -122.7523); Bybee/Smith Lakes
(45.6105, -122.7285); Columbia Slough 1 (45.6078, -122.7447);
Swan Island Basin (45.5652, -122.7120); Unnamed (45.6253, -122.7568);
Willamette River (45.4423, -122.6453).
(9) Lower Columbia River Corridor--Lower Columbia River Corridor
Outlet(s) = Columbia River (Lat 46.2485, Long -124.0782) upstream to
endpoint(s) in: Columbia River (45.5710, -122.4021).
(10) Maps of critical habitat for the Lower Columbia River Steelhead
ESU follow:
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(t) Upper Willamette River Steelhead (Oncorhynchus mykiss). Critical
habitat is designated to include the areas defined in the following
subbasins:
(1) Upper Willamette Subbasin 17090003--(i) Calapooia River
Watershed 1709000303. Outlet(s) = Calapooia River (Lat 44.5088, Long -
123.1101) upstream to endpoint(s) in: Bigs Creek (44.2883, -122.6133);
Butte Creek (44.4684, -123.0488); Calapooia River (44.2361, -122.3664);
Hands Creek (44.2559,
[[Page 476]]
-122.5127); King Creek (44.2458, -122.4452); McKinley Creek (44.2569, -
122.5621); North Fork Calapooia River (44.2497, -122.4094); Potts Creek
(44.2581, -122.4756); Spoon Creek (44.4379, -123.0877); United States
Creek (44.2244, -122.3825).
(ii) Oak Creek Watershed 1709000304. Outlet(s) = Willamette River
(Lat 44.7504, Long -123.1421) upstream to endpoint(s) in: Calapooia
River (44.5088, -123.1101); Cox Creek (44.6417, -123.0680); Periwinkle
Creek (44.6250, -123.0814); Truax Creek (44.6560, -123.0598).
(iii) Luckiamute River Watershed 1709000306. Outlet(s) = Luckiamute
River (Lat 44.7561, Long -123.1468) upstream to endpoint(s) in: Bonner
Creek (44.6735, -123.4849); Burgett Creek (44.6367, -123.4574); Clayton
Creek (44.7749, -123.4870); Cooper Creek (44.8417, -123.3246); Grant
Creek (44.8389, -123.4098); Little Luckiamute River (44.8673, -
123.4375); Luckiamute River (44.7970, -123.5270); Maxfield Creek
(44.6849, -123.3427); McTimmonds Creek (44.7622, -123.4125); North Fork
Pedee Creek (44.7866, -123.4511); Plunkett Creek (44.6522, -123.4241);
Price Creek (44.6677, -123.3732); Sheythe Creek (44.7683, -123.5027);
Soap Creek (44.6943, -123.2488); South Fork Pedee Creek (44.7798, -
123.4667); Teal Creek (44.8329, -123.4582); Unnamed (44.7562, -
123.5293); Unnamed (44.7734, -123.2027); Unnamed (44.7902, -123.6211);
Vincent Creek (44.6380, -123.4327); Waymire Creek (44.8725, -123.4128);
Woods Creek (44.6564, -123.3905).
(2) North Santiam Subbasin 17090005--(i) Middle North Santiam River
Watershed 1709000504. Outlet(s) = North Santiam River (Lat 44.7852, Long
-122.6079) upstream to endpoint(s) in: Little Rock Creek (44.7330, -
122.3927); Mad Creek (44.7373, -122.3735); North Santiam River (44.7512,
-122.2825); Rock Creek (44.7011, -122.4080); Snake Creek (44.7365, -
122.4870).
(ii) Little North Santiam River Watershed 1709000505. Outlet(s) =
Little North Santiam River (Lat 44.7852, Long -122.6079) upstream to
endpoint(s) in: Cedar Creek (44.8439, -122.2682); Elkhorn Creek
(44.8139, -122.3451); Evans Creek (44.8412, -122.3601); Fish Creek
(44.8282, -122.3915); Little North Santiam River (44.8534, -122.2887);
Little Sinker Creek (44.8235, -122.4163); Sinker Creek (44.8211, -
122.4210).
(iii) Lower North Santiam River Watershed 1709000506. Outlet(s) =
Santiam River (Lat 44.7504, Long -123.1421) upstream to endpoint(s) in:
Bear Branch (44.7602, -122.7942); Chehulpum Creek (44.7554, -122.9898);
Cold Creek (44.7537, -122.8812); Morgan Creek (44.7495, -123.0443);
North Santiam River (44.7852, -122.6079); Salem Ditch (44.8000, -
122.8120); Santiam River (44.6869, -123.0052); Smallman Creek (44.7293,
-122.9139); Stout Creek (44.8089, -122.5994); Trask Creek (44.7725, -
122.6152); Unnamed (44.7972, -122.7328); Valentine Creek (44.7999, -
122.7311).
(3) South Santiam Subbasin 17090006--(i) Hamilton Creek/South
Santiam River Watershed 1709000601. Outlet(s) = South Santiam River (Lat
44.6869, Long -123.0052) upstream to endpoint(s) in: Albany--Santiam
Canal (44.5512, -122.9032); Hamilton Creek (44.5392, -122.7018); Johnson
Creek (44.4548, -122.7080); McDowell Creek (44.4640, -122.6803); Mill
Creek (44.6628, -122.9575); Morgan Creek (44.4557, -122.7058); Noble
Creek (44.4513, -122.7974); South Santiam River (44.4163, -122.6693).
(ii) Crabtree Creek Watershed 1709000602. Outlet(s) = Crabtree Creek
(Lat 44.6756, Long -122.9557) upstream to endpoint(s) in: Bald Barney
Creek (44.5469, -122.5959); Bald Peter Creek (44.5325, -122.6024);
Beaver Creek (44.6337, -122.8537); Camp Creek (44.5628, -122.5768);
Crabtree Creek (44.6208, -122.5055); Cruiser Creek (44.5543, -122.5831);
Green Mountain Creek (44.5777, -122.6258); Roaring River (44.6281, -
122.7148); Rock Creek (44.5883, -122.6000); South Fork Crabtree Creek
(44.5648, -122.5441); White Rock Creek (44.6050, -122.5209).
(iii) Thomas Creek Watershed 1709000603. Outlet(s) = Thomas Creek
(Lat 44.6778, Long -122.9654) upstream to endpoint(s) in: Criminal Creek
(44.7122, -122.5709); Ella Creek (44.6815, -122.5228); Hortense Creek
(44.6756, -122.5017); Jordan Creek (44.7527, -122.6519); Mill Creek
(44.7060, -122.7849); Neal Creek (44.6923, -122.6484); South Fork Neal
Creek (44.7016, -122.7049); Thomas Creek (44.6776, -122.4650); West Fork
Ella Creek (44.6805, -122.5288).
[[Page 477]]
(iv) South Santiam River Watershed 1709000606. Outlet(s) = South
Santiam River (Lat 44.3977, Long -122.4473) upstream to endpoint(s) in:
Canyon Creek (44.3074, -122.3300); Falls Creek (44.4007, -122.3828);
Harter Creek (44.4166, -122.2605); Keith Creek (44.4093, -122.2847);
Moose Creek (44.4388, -122.3671), Owl Creek (44.2999, -122.3686);
Shuttle Camp Creek (44.4336, -122.2597); Soda Fork South Santiam River
(44.4410, -122.2466); South Santiam River (44.3980, -122.2610); Trout
Creek (44.3993, -122.3464); Two Girls Creek (44.3248, -122.3346).
(v) South Santiam River/Foster Reservoir Watershed 1709000607.
Outlet(s) = South Santiam River (Lat 44.4163, Long -122.6693) upstream
to endpoint(s) in: Lewis Creek (44.4387, -122.6223); Middle Santiam
River (44.4498, -122.5479); South Santiam River (44.3977, -122.4473).
(vi) Wiley Creek Watershed 1709000608. Outlet(s) = Wiley Creek (Lat
44.4140, Long -122.6752) upstream to endpoint(s) in: Farmers Creek
(44.3383, -122.5812); Jackson Creek (44.3669, -122.6344); Little Wiley
Creek (44.3633, -122.5228); Unnamed (44.3001, -122.4579); Unnamed
(44.3121, -122.5197); Unnamed (44.3455, -122.5934); Unnamed (44.3565, -
122.6051); Wiley Creek (44.2981, -122.4318).
(4) Middle Willamette Subbasin 17090007--(i) Mill Creek/Willamette
River Watershed 1709000701. Outlet(s) = Mill Creek (Lat 44.9520, Long -
123.0381) upstream to endpoint(s) in: Mill Creek (44.8268, -122.8249).
(ii) Rickreall Creek Watershed 1709000702. Outlet(s) = Willamette
River (Lat 44.9288, Long -123.1124) upstream to endpoint(s) in:
Willamette River (44.7504, -123.1421).
(iii) Willamette River/Chehalem Creek Watershed 1709000703.
Outlet(s) = Willamette River (Lat 45.2552, Long -122.8806) upstream to
endpoint(s) in: Willamette River (44.9288, -123.1124).
(iv) Abernethy Creek Watershed 1709000704. Outlet(s) = Willamette
River (Lat 45.3540, Long -122.6186) upstream to endpoint(s) in:
Willamette River (45.2552, -122.8806).
(5) Yamhill Subbasin 17090008--(i) Upper South Yamhill River
Watershed 1709000801. Outlet(s) = South Yamhill River (Lat 45.0784, Long
-123.4753) upstream to endpoint(s) in: Agency Creek (45.1799, -
123.6976); Cedar Creek (45.0892, -123.6969); Cockerham Creek (45.0584, -
123.5077); Cosper Creek (45.1497, -123.6178); Cow Creek (45.0410, -
123.6165); Crooked Creek (45.0964, -123.6611); Doane Creek (45.0449, -
123.4929); Ead Creek (45.1214, -123.6969); Elmer Creek (45.0794, -
123.6714); Gold Creek (45.0108, -123.5496); Jackass Creek (45.0589, -
123.6495); Joe Creek (45.1216, -123.6216); Joe Day Creek (45.0285, -
123.6660); Kitten Creek (45.1110, -123.7266); Klees Creek (45.0784, -
123.5496); Lady Creek (45.0404, -123.5269); Little Rowell Creek
(45.0235, -123.5792); Mule Tail Creek (45.0190, -123.5547); Pierce Creek
(45.1152, -123.7203); Rock Creek (45.0130, -123.6344); Rogue River
(45.0613, -123.6550); Rowell Creek (45.0187, -123.5699); Unnamed
(45.0318, -123.5421); Unnamed (45.0390, -123.4620); Unnamed (45.0431, -
123.5541); Unnamed (45.0438, -123.4721); Unnamed (45.0493, -123.6044);
Unnamed (45.0599, -123.4661); Unnamed (45.0945, -123.6110); Unnamed
(45.0994, -123.6276); Unnamed (45.1151, -123.6566); Unnamed (45.1164, -
123.6717); Unnamed (45.1412, -123.6705); West Fork Agency Creek
(45.1575, -123.7032); Wind River (45.1367, -123.6392); Yoncalla Creek
(45.1345, -123.6614).
(ii) Mill Creek/South Yamhill River Watershed 1709000803. Outlet(s)
= Mill Creek (Lat 45.0908, Long -123.4434) upstream to endpoint(s) in:
Mill Creek (45.0048, -123.4184).
(iii) Lower South Yamhill River Watershed 1709000804. Outlet(s) =
South Yamhill River (Lat 45.1616, Long -123.2190) upstream to
endpoint(s) in: South Yamhill River (45.0784, -123.4753).
(iv) Yamhill River Watershed 1709000807. Outlet(s) = Yamhill River
(Lat 45.2301, Long -122.9950) upstream to endpoint(s) in: South Yamhill
River (45.1616, -123.2190).
(6) Molalla/Pudding Subbasin 17090009-(i) Abiqua Creek/Pudding River
Watershed 1709000901. Outlet(s) = Pudding River (Lat 45.0740, Long -
122.8525) upstream to endpoint(s) in : Abiqua Creek (44.9264, -
122.5666); Little Abiqua Creek (44.9252, -122.6204); Little Pudding
River (45.0435, -122.8965); Powers Creek (44.9552, -122.6796); Pudding
(44.9998, -122.8412); Silver Creek (44.8981, -122.6799).
(ii) Butte Creek/Pudding River Watershed 1709000902. Outlet(s) =
Pudding
[[Page 478]]
River (Lat 45.1907, Long -122.7527) upstream to endpoint(s) in: Pudding
River (45.0740, -122.8525).
(iii) Rock Creek/Pudding River Watershed 1709000903. Outlet(s) =
Rock Creek (Lat 45.1907, Long -122.7527) upstream to endpoint(s) in:
Rock Creek (45.0876, -122.5916).
(iv) Senecal Creek/Mill Creek Watershed 1709000904. Outlet(s) =
Pudding River (Lat 45.2843, Long -122.7149) upstream to endpoint(s) in:
Pudding River (45.1907, -122.7527).
(v) Upper Molalla River Watershed 1709000905. Outlet(s) = Molalla
River (Lat 45.1196, Long -122.5342) upstream to endpoint(s) in: Camp
Creek (44.9630, -122.2928); Cedar Creek (45.0957, -122.5257); Copper
Creek (44.8877, -122.3704); Cougar Creek (45.0421, -122.3145); Dead
Horse Canyon Creek (45.0852, -122.3146); Gawley Creek (44.9320, -
122.4304); Lost Creek (44.9913, -122.2444); Lukens Creek (45.0498, -
122.2421); Molalla River (44.9124, -122.3228); North Fork Molalla River
(45.0131, -122.2986); Pine Creek (45.0153, -122.4560); Table Rock Fork
Molalla River (44.9731, -122.2629); Trout Creek (45.0577, -122.4657).
(vi) Lower Molalla River Watershed 1709000906. Outlet(s) = Molalla
River (Lat 45.2979, Long -122.7141) upstream to endpoint(s) in: Buckner
Creek (45.2382, -122.5399); Canyon Creek (45.1317, -122.3858); Cedar
Creek (45.2037, -122.5327); Gribble Creek (45.2004, -122.6867); Jackson
Creek (45.1822, -122.3898); Milk Creek (45.2036, -122.3761); Molalla
River (45.1196, -122.5342); Woodcock Creek (45.1508, -122.5075).
(7) Tualatin Subbasin 17090010--Gales Creek Watershed 1709001002.
Outlet(s) = Tualatin River (Lat 45.5019, Long -122.9946) upstream to
endpoint(s) in: Bateman Creek (45.6350, -123.2966); Beaver Creek
(45.6902, -123.2889); Clear Creek (45.5705, -123.2567); Gales Creek
(45.6428, -123.3576); Iler Creek (45.5900, -123.2582); North Fork Gales
Creek (45.6680, -123.3394); Roaring Creek (45.5620, -123.2574); Roderick
Creek (45.5382, -123.2013); South Fork Gales Creek (45.6059, -123.2978);
Tualatin River (45.4917, -123.1012).
(8) Lower Willamette/Columbia River Corridor--Lower Willamette/
Columbia River Corridor. Outlet(s) = Columbia River (Lat 46.2485, Long -
124.0782) upstream to endpoint(s) in: Willamette River (45.3540, -
122.6186).
(9) Maps of critical habitat for the Upper Willamette River
Steelhead ESU follow:
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[70 FR 52684, Sept. 2, 2005]
Effective Date Note: At 70 FR 52684, Sept. 2, 2005, Sec. 226.212
was added, effective Jan. 2, 2006.
Sec. 226.213 Critical habitat for Johnson's seagrass.
Critical habitat is designated to include substrate and water in the
following ten portions of the Indian River
[[Page 488]]
Lagoon and Biscayne Bay within the current range of Johnson's seagrass.
(a) A portion of the Indian River, Florida, north of Sebastian Inlet
Channel, defined by the following coordinates:
Northwest corner: 27[deg]51[min]15.03[sec]N, 80[deg]27[min]55.49[sec]W
Northeast corner: 27[deg]51[min]16.57[sec]N, 80[deg]27[min]53.05[sec]W
Southwest corner: 27[deg]51[min]08.85[sec]N, 80[deg]27[min]50.48[sec]W
Southeast corner: 27[deg]51[min]11.58[sec]N, 80[deg]27[min]47.35[sec]W
(b) A portion of the Indian River, Florida, south of the Sebastian
Inlet Channel, defined by the following coordinates:
Northwest corner: 27[deg]51[min]01.32[sec]N, 80[deg]27[min]46.10[sec]W
Northeast corner: 27[deg]51[min]02.69[sec]N, 80[deg]27[min]45.27[sec]W
Southwest corner: 27[deg]50[min]59.08[sec]N, 80[deg]27[min]41.84[sec]W
Southeast corner: 27[deg]51[min]01.07[sec]N, 80[deg]27[min]40.50[sec]W
(c) A portion of the Indian River Lagoon in the vicinity of the Fort
Pierce Inlet. This site is located on the north side of the entrance
channel just west of a small mangrove vegetated island where the main
entrance channel bifurcates to the north. The area is defined by the
following coordinates:
Northwest corner: 27[deg]28[min]06.00[sec]N, 80[deg]18[min]48.89[sec]W
Northeast corner: 27[deg]28[min]04.43[sec]N, 80[deg]18[min]42.25[sec]W
Southwest corner: 27[deg]28[min]02.86[sec]N, 80[deg]18[min]49.06[sec]W
Southeast corner: 27[deg]28[min]01.46[sec]N, 80[deg]18[min]42.42[sec]W
(d) A portion of the Indian River Lagoon, Florida, north of the St.
Lucie Inlet, from South Nettles Island to the Florida Oceanographic
Institute, defined by the following coordinates and excluding the
Federally-marked navigation channel of the Intracoastal Waterway (ICW):
Northwest corner: 27[deg]16[min]44.04[sec]N, 80[deg]14[min]00.00[sec]W
Northeast corner: 27[deg]16[min]44.04[sec]N, 80[deg]12[min]51.33[sec]W
Southwest corner: 27[deg]12[min]49.70[sec]N, 80[deg]11[min]46.80[sec]W
Southeast corner: 27[deg]12[min]49.70[sec]N, 80[deg]11[min]02.50[sec]W
(e) Hobe Sound beginning at State Road 708
(27[deg]03[min]49.90[sec]N, 80[deg]07[min]20.57[sec]W) and extending
south to 27[deg]00[min]00.00[sec]N, 80[deg]05[min]32.54[sec]W and
excluding the federally-marked navigation channel of the ICW.
(f) Jupiter Inlet at a site located just west of the entrance to
Zeek's Marina on the south side of Jupiter Inlet and defined by the
following coordinates (note a south central point was included to better
define the shape of the southern boundary):
Northwest corner: 26[deg]56[min]43.34[sec]N, 80[deg]04[min]47.84[sec]W
Northeast corner: 26[deg]56[min]40.93[sec]N, 80[deg]04[min]42.61[sec]W
Southwest corner: 26[deg]56[min]40.73[sec]N, 80[deg]04[min]48.65[sec]W
South central point: 26[deg]56[min]38.11[sec]N,
80[deg]04[min]45.83[sec]W
Southeast corner: 26[deg]56[min]38.31[sec]N, 80[deg]04[min]42.41[sec]W
(g) A portion of Lake Worth, Florida, just north of Bingham Island
defined by the following coordinates and excluding the Federally-marked
navigation channel of the ICW:
Northwest corner: 26[deg]40[min]44.00[sec]N, 80[deg]02[min]39.00[sec]W
Northeast corner: 26[deg]40[min]40.00[sec]N, 80[deg]02[min]34.00[sec]W
Southwest corner: 26[deg]40[min]32.00[sec]N, 80[deg]02[min]44.00[sec]W
Southeast corner: 26[deg]40[min]33.00[sec]N, 80[deg]02[min]35.00[sec]W
(h) A portion of Lake Worth Lagoon, Florida, located just north of
the Boynton Inlet, on the west side of the ICW, defined by the following
coordinates and excluding the Federally-marked navigation channel of the
ICW:
Northwest corner: 26[deg]33[min]28.00[sec]N, 80[deg]02[min]54.00[sec]W
Northeast corner: 26[deg]33[min]30.00[sec]N, 80[deg]03[min]04.00[sec]W
Southwest corner: 26[deg]32[min]50.00[sec]N, 80[deg]03[min]11.00[sec]W
Southeast corner: 26[deg]32[min]50.00[sec]N, 80[deg]02[min]58.00[sec]W
(i) A portion of northeast Lake Wyman, Boca Raton, Florida, defined
by the following coordinates and excluding the Federally-marked
navigation channel of the ICW:
Northwest corner: 26[deg]22[min]27.00[sec]N, 80[deg]04[min]23.00[sec]W
Northeast corner: 26[deg]22[min]27.00[sec]N, 80[deg]04[min]18.00[sec]W
Southwest corner: 26[deg]22[min]05.00[sec]N, 80[deg]04[min]16.00[sec]W
Southeast corner: 26[deg]22[min]05.00[sec]N, 80[deg]04[min]18.00[sec]W
(j) A portion of Northern Biscayne Bay, Florida, defined by the
following: The northern boundary of Biscayne Bay Aquatic Preserve, NE
163rd Street, and including all parts of the Biscayne Bay Aquatics
Preserve as defined in 18-18.002 of the Florida Administrative Code
(F.A.C.) excluding the Oleta River, Miami River and Little River beyond
their mouths, the federally-marked navigation channel of the ICW, and
all existing federally authorized navigation channels, basins, and
berths at the Port of Miami to the currently documented southernmost
range of Johnson's seagrass, Central Key Biscayne (25[deg]45[min]N).
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[65 FR 17795, Apr. 5, 2000]
Sec. 226.214 Critical habitat for Gulf sturgeon.
Gulf sturgeon is under the joint jurisdiction of the U.S. Fish and
Wildlife Service (FWS) and National Marine Fisheries Service (NMFS). The
FWS will maintain primary responsibility for recovery actions and NMFS
will assist in and continue to fund recovery actions pertaining to
estuarine and marine habitats. In riverine units, the FWS will be
responsible for all consultations regarding Gulf sturgeon and critical
habitat. In estuarine units, we
[[Page 498]]
will divide responsibility based on the action agency involved. The FWS
will consult with the Department of Transportation, the Environmental
Protection Agency, the U.S. Coast Guard, and the Federal Emergency
Management Agency. NMFS will consult with the Department of Defense,
U.S. Army Corps of Engineers, Minerals Management Service and any other
Federal agencies not mentioned here explicitly. In marine units, NMFS
will be responsible for all consultations regarding Gulf sturgeon and
critical habitat. Any Federal projects that extend into the jurisdiction
of both the Services will be consulted on by the FWS with internal
coordination with NMFS. Each agency will conduct its own intra-agency
consultations as necessary.
The primary constituent elements essential for the conservation of
Gulf sturgeon are those habitat components that support feeding,
resting, and sheltering, reproduction, migration, and physical features
necessary for maintaining the natural processes that support these
habitat components. The primary constituent elements include: abundant
prey items within riverine habitats for larval and juvenile life stages,
and within estuarine and marine habitats and substrates for juvenile,
subadult, and adult life stages; riverine spawning sites with substrates
suitable for egg deposition and development, such as limestone outcrops
and cut limestone banks, bedrock, large gravel or cobble beds, marl,
soapstone or hard clay; riverine aggregation areas, also referred to as
resting, holding, and staging areas, used by adult, subadult, and/or
juveniles, generally, but not always, located in holes below normal
riverbed depths, believed necessary for minimizing energy expenditures
during fresh water residency and possibly for osmoregulatory functions;
a flow regime (i.e., the magnitude, frequency, duration, seasonality,
and rate-of-change of fresh water discharge over time) necessary for
normal behavior, growth, and survival of all life stages in the riverine
environment, including migration, breeding site selection, courtship,
egg fertilization, resting, and staging; and necessary for maintaining
spawning sites in suitable condition for egg attachment, eggs
sheltering, resting, and larvae staging; water quality, including
temperature, salinity, pH, hardness, turbidity, oxygen content, and
other chemical characteristics, necessary for normal behavior, growth,
and viability of all life stages; sediment quality, including texture
and other chemical characteristics, necessary for normal behavior,
growth, and viability of all life stages; and safe and unobstructed
migratory pathways necessary for passage within and between riverine,
estuarine, and marine habitats (e.g. a river unobstructed by any
permanent structure, or a dammed river that still allows for passage).
The river reaches within Units 1 to 7 as critical habitat lie within
the ordinary high water line. As defined in 33 CFR 329.11, the ordinary
high water line on non-tidal rivers is the line on the shore established
by the fluctuations of water and indicated by physical characteristics
such as a clear, natural line impressed on the bank; shelving; changes
in the character of soil; destruction of terrestrial vegetation; the
presence of litter and debris; or other appropriate means that consider
the characteristics of the surrounding areas.
The downstream limit of the riverine units is the mouth of each
river. The mouth is defined as rkm 0 (rmi 0). Although the interface of
fresh and saltwater, referred to as the saltwater wedge, occurs within
the lower-most reach of a river, for ease in delineating critical
habitat units, we are defining the boundary between the riverine and
estuarine units as rkm 0 (rmi 0).
Regulatory jurisdiction in coastal areas extends to the line on the
shore reached by the plane of the mean (average) high water (MHW) (33
CFR 329.12(a)(2)). All bays and estuaries within Units 8 to 14,
therefore, lie below the MHW lines. Where precise determination of the
actual location becomes necessary, it must be established by survey with
reference to the available tidal datum, preferably averaged over a
period of 18.6 years. Less precise methods, such as observation of the
``apparent shoreline'' which is determined by reference to physical
markings, lines of vegetation, may be used only where an estimate is
needed
[[Page 499]]
of the line reached by the mean high water.
The term 72 COLREGS is defined as demarcation lines which delineate
those waters upon which mariners shall comply with the International
Regulations for Preventing Collisions at Sea, 1972 and those waters upon
which mariners shall comply with the Inland Navigation Rules (33 CFR
80.01). The waters inside of these lines are Inland Rules waters and the
waters outside the lines are COLREGS waters. These lines are defined in
33 CFR part 80, and have been used for identification purposes to
delineate boundary lines of the estuarine and marine habitat Units 8, 9,
11, and 12.
Critical habitat does not include existing developed sites such as
dams, piers, marinas, bridges, boat ramps, exposed oil and gas
pipelines, oil rigs, and similar structures or designated public
swimming areas.
Critical habitat units are depicted for Louisiana, Mississippi,
Alabama and Florida on the maps below. The textual unit descriptions
below are definitive sources for determining the critical habitat
boundaries. General location maps by unit are provided for general
guidance purposes only, and not as a definitive source for determining
critical habitat boundaries.
(a) Unit 1: Pearl River System in St. Tammany and Washington
Parishes in Louisiana and Walthall, Hancock, Pearl River, Marion,
Lawrence, Simpson, Copiah, Hinds, Rankin, and Pike Counties in
Mississippi.
(1) Unit 1 includes the Pearl River main stem from the spillway of
the Ross Barnett Dam, Hinds and Rankin Counties, Mississippi, downstream
to where the main stem river drainage discharges at its mouth joining
Lake Borgne, Little Lake, or The Rigolets in Hancock County,
Mississippi, and St. Tammany Parish, Louisiana. It includes the main
stems of the East Pearl River, West Pearl River, West Middle River,
Holmes Bayou, Wilson Slough, downstream to where these main stem river
drainages discharge at the mouths of Lake Borgne, Little Lake, or The
Rigolets. Unit 1 also includes the Bogue Chitto River main stem, a
tributary of the Pearl River, from Mississippi State Highway 570, Pike
County, Mississippi, downstream to its confluence with the West Pearl
River, St. Tammany Parish, Louisiana. The lateral extent of Unit 1 is
the ordinary high water line on each bank of the associated rivers and
shorelines.
(2) Maps of Unit 1 follow:
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[[Page 501]]
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[[Page 502]]
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(b) Unit 2: Pascagoula River System in Forrest, Perry, Greene,
George, Jackson, Clarke, Jones, and Wayne Counties, Mississippi.
(1) Unit 2 includes all of the Pascagoula River main stem and its
distributaries, portions of the Bouie, Leaf, and Chickasawhay
tributaries, and all of the Big Black Creek tributary. It includes the
Bouie River main stem beginning on the southern-most road crossing of
Interstate 59, Forrest County, Mississippi, downstream to its confluence
with the Leaf River, Forrest County, Mississippi. The Leaf River main
stem beginning from Mississippi State Highway 588, Jones County,
Mississippi, downstream to its confluence with the Chickasawhay River,
George County, Mississippi is included. The main stem of the
Chickasawhay River from the mouth of Oaky Creek, Clarke County,
Mississippi, downstream to its confluence with the Leaf River, George
County, Mississippi is included. Unit 2 also includes Big Black Creek
main stem from its confluence with Black and Red Creeks, Jackson County,
Mississippi, to its confluence with the Pascagoula River, Jackson
County, Mississippi. All of the main stem of the Pascagoula River from
its confluence with the Leaf and Chickasawhay Rivers, George County,
Mississippi, to the discharge of the East and West Pascagoula Rivers
into Pascagoula Bay, Jackson County, Mississippi, is included. The
lateral extent of Unit 2 is the ordinary high water line on each
[[Page 503]]
bank of the associated rivers and shorelines.
(2) Major shipping channels in this unit are excluded under section
4(b)(2) of the Act.
(3) Maps of Unit 2 follow:
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(c) Unit 3: Escambia River System in Santa Rosa and Escambia
Counties, Florida and Escambia, Conecuh, and Covington Counties,
Alabama.
(1) Unit 3 includes the Conecuh River main stem beginning just
downstream of the spillway of Point A Dam, Covington County, Alabama,
downstream to the Florida State line, where its name changes to the
Escambia River, Escambia County, Alabama, and Escambia and Santa Rosa
Counties, Florida. It includes the entire main stem of the Escambia
River downstream to its discharge into Escambia Bay and Macky Bay,
Escambia and Santa Rosa Counties, Florida. All of the distributaries of
the Escambia River including White River, Little White River, Simpson
River, and Dead River, Santa Rosa County, Florida are included. The
Sepulga River main stem from Alabama County Road 42, Conecuh and
Escambia Counties, Alabama, downstream to its confluence with the
Conecuh River, Escambia County, Alabama, is also included. The lateral
extent of Unit 3 is the ordinary high water line on each bank of the
associated lakes, rivers, and shorelines.
(2) Maps of Unit 3 follow:
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(d) Unit 4: Yellow River System in Santa Rosa and Okaloosa Counties,
Florida and Covington County, Alabama.
(1) Unit 4 includes the Yellow River main stem from Alabama State
Highway 55, Covington County, Alabama, downstream to its discharge at
Blackwater Bay, Santa Rosa County, Florida. All Yellow River
distributaries (including Weaver River and Skim Lake) discharging into
Blackwater Bay are included. The Shoal River main stem, a Yellow River
tributary, from Florida Highway 85, Okaloosa County, Florida, to its
confluence with the Yellow River, is included. The Blackwater River from
its confluence with Big Coldwater Creek, Santa Rosa County, Florida,
downstream to its discharge into Blackwater Bay is included. Wright
Basin and Cooper Basin, Santa Rosa County, on the Blackwater River are
included. The lateral extent of Unit 4 is the ordinary high water line
on each bank of the associated lakes, rivers, and shorelines.
(2) Maps of Unit 4 follow:
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(e) Unit 5: Choctawhatchee River System in Holmes, Washington, and
Walton Counties, Florida and Dale, Coffee, Geneva, and Houston Counties,
Alabama.
(1) Unit 5 includes the Choctawhatchee River main stem from its
confluence with the west and east fork of the Choctawhatchee River, Dale
County, Alabama, downstream to its discharge at Choctawhatchee Bay,
Walton County, Florida. The distributaries discharging into
Choctawhatchee Bay known as Mitchell River, Indian River, Cypress River,
and Bells Leg are included. The Boynton Cutoff, Washington County,
Florida, which joins the Choctawhatchee River main stem, and Holmes
Creek, Washington County, Florida, are included. The section of Holmes
Creek from Boynton Cutoff to the mouth of Holmes Creek, Washington
County, Florida, is included. The Pea River main stem, a Choctawhatchee
River tributary, from the Elba Dam, Coffee County, Alabama, to its
confluence with the Choctawhatchee River, Geneva County, Alabama, is
included. The lateral extent of Unit 5 is the ordinary high water line
on each bank of the associated rivers and shorelines.
(2) Maps of Unit 5 follow:
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(f) Unit 6: Apalachicola River System in Franklin, Gulf, Liberty,
Calhoun, Jackson, and Gadsen Counties, Florida.
(1) Unit 6 includes the Apalachicola River mainstem, beginning from
the Jim Woodruff Lock and Dam, Gadsden and Jackson Counties, Florida,
downstream to its discharge at East Bay or Apalachicola Bay, Franklin
County, Florida. All Apalachicola River distributaries, including the
East River, Little St. Marks River, St. Marks River, Franklin County,
Florida, to their discharge into East Bay and/or Apalachicola Bay are
included. The entire main stem of the Brothers River, Franklin and Gulf
Counties, Florida, a tributary of the Apalachicola River, is included.
The lateral extent of Unit 6 is the ordinary high water line on each
bank of the associated rivers and shorelines.
(2) Maps of Unit 6 follow:
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(g) Unit 7: Suwannee River System in Hamilton, Suwannee, Madison,
Lafayette, Gilchrist, Levy, Dixie, and Columbia Counties, Florida.
(1) Unit 7 includes the Suwannee River main stem, beginning from its
confluence with Long Branch Creek, Hamilton County, Florida, downstream
to the mouth of the Suwannee River. It includes all the Suwannee River
distributaries, including the East Pass, West Pass, Wadley Pass, and
Alligator Pass, Dixie and Levy Counties, Florida, to their discharge
into the Suwannee Sound or the Gulf of Mexico. The Withlacoochee River
main stem from Florida State Road 6, Madison and Hamilton Counties,
Florida, to its confluence with the Suwannee River is included. The
lateral extent of Unit 7 is the ordinary high water line on each bank of
the associated rivers and shorelines.
(2) Maps of Unit 7 follow:
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(h) Unit 8: Lake Pontchartrain, Lake St. Catherine, The Rigolets,
Little Lake, Lake Borgne, and Mississippi Sound in Jefferson, Orleans,
St. Tammany, and St. Bernard Parish, Louisiana, Hancock, Jackson, and
Harrison Counties in Mississippi, and in Mobile County, Alabama.
(1) Unit 8 encompasses Lake Pontchartrain east of the Lake
Pontchartrain Causeway, all of Little Lake, The Rigolets, Lake St.
Catherine, Lake Borgne, including Heron Bay, and the Mississippi Sound.
Critical habitat follows the shorelines around the perimeters of each
included lake. The Mississippi Sound includes adjacent open bays
including Pascagoula Bay, Point aux Chenes Bay, Grand Bay, Sandy Bay,
and barrier island passes, including Ship Island Pass, Dog Keys Pass,
Horn Island Pass, and Petit Bois Pass. The northern boundary of the
Mississippi Sound is the shorelines of the mainland between Heron Bay
Point, MS and Point aux Pins, AL. Designated critical habitat excludes
St. Louis Bay, north of the railroad bridge across its mouth; Biloxi
Bay, north of the U.S. Highway 90 bridge; and Back Bay of Biloxi. The
southern boundary follows along the broken shoreline of Lake Borgne
created by low swampy islands from Malheureux Point to Isle au Pitre.
From the northeast point of Isle au Pitre, the boundary continues in a
straight north-northeast line to the point 1 nm (1.9 km) seaward of the
western most extremity of Cat Island (30[deg]13[sec]N, 89[deg]10[sec]W).
The southern boundary continues 1 nm (1.9 km) offshore of the barrier
islands and offshore of the 72 COLREGS lines at barrier island
[[Page 527]]
passes (defined at 33 CFR 80.815 (c)), (d) and (e) to the eastern
boundary. Between Cat Island and Ship Island there is no 72 COLREGS
line. We therefore, have defined that section of the southern boundary
as 1 nm (1.9 km) offshore of a straight line drawn from the southern tip
of Cat Island to the western tip of Ship Island. The eastern boundary is
the line of longitude 88[deg]18.8[sec]W from its intersection with the
shore (Point aux Pins) to its intersection with the southern boundary.
The lateral extent of Unit 8 is the MHW line on each shoreline of the
included water bodies or the entrance to rivers, bayous, and creeks.
(2) Major shipping channels in this unit, as identified on standard
navigation charts and marked by buoys, are excluded under section
4(b)(2) of the Act.
(3) Maps of Unit 8 follow:
[[Page 528]]
[GRAPHIC] [TIFF OMITTED] TR19MR03.064
[[Page 529]]
[GRAPHIC] [TIFF OMITTED] TR19MR03.065
[[Page 530]]
[GRAPHIC] [TIFF OMITTED] TR19MR03.066
[[Page 531]]
[GRAPHIC] [TIFF OMITTED] TR19MR03.067
(i) Unit 9: Pensacola Bay System in Escambia and Santa Rosa
Counties, Florida.
(1) Unit 9 includes Pensacola Bay and its adjacent main bays and
coves. These include Big Lagoon, Escambia Bay, East Bay, Blackwater Bay,
Bayou Grande, Macky Bay, Saultsmar Cove, Bass Hole Cove, and Catfish
Basin. All other bays, bayous, creeks, and rivers are excluded at their
mouths. The western boundary is the Florida State Highway 292 Bridge
crossing Big Lagoon to Perdido Key. The southern boundary is the 72
COLREGS line between Perdido Key and Santa Rosa Island (defined at 33
CFR 80.810(g)). The eastern boundary is the Florida State Highway 399
Bridge at Gulf Breeze, FL. The lateral extent of Unit 9 is the MHW line
on each included bay's shoreline.
(2) Major shipping channels in this unit, as identified on standard
navigation charts and marked by buoys, are excluded under section
4(b)(2) of the Act.
(3) A Map of Unit 9 follows:
[[Page 532]]
[GRAPHIC] [TIFF OMITTED] TR19MR03.068
(j) Unit 10: Santa Rosa Sound in Escambia, Santa Rosa, and Okaloosa
Counties, Florida.
(1) Unit 10 includes the Santa Rosa Sound, bounded on the west by
the Florida State Highway 399 bridge in Gulf Breeze, FL. The eastern
boundary
[[Page 533]]
is the U.S. Highway 98 bridge in Fort Walton Beach, FL. The northern and
southern boundaries of Unit 10 are formed by the shorelines to the MHW
line or by the entrance to rivers, bayous, and creeks.
(2) A Map of Unit 10 follows:
[GRAPHIC] [TIFF OMITTED] TR19MR03.069
[[Page 534]]
(k) Unit 11: Florida Nearshore Gulf of Mexico Unit in Escambia,
Santa Rosa, Okaloosa, Walton, Bay, and Gulf Counties, Florida.
(1) Unit 11 includes a portion of the Gulf of Mexico as defined by
the following boundaries. The western boundary is the line of longitude
87[deg]20.0[min]W (approximately 1 nm (1.9 km) west of Pensacola Pass)
from its intersection with the shore to its intersection with the
southern boundary. The northern boundary is the MHW of the mainland
shoreline and the 72 COLREGS lines at passes as defined at 30 CFR 80.810
(a-g). The southern boundary is 1 nm (1.9 km) offshore of the northern
boundary. The eastern boundary is the line of longitude
85[deg]17.0[min]W from its intersection with the shore (near Money Bayou
between Cape San Blas and Indian Peninsula) to its intersection with the
southern boundary.
(2) A Map of Unit 11 follows:
[[Page 535]]
[GRAPHIC] [TIFF OMITTED] TR19MR03.070
(l) Unit 12: Choctawhatchee Bay in Okaloosa and Walton Counties,
Florida.
(1) Unit 12 includes the main body of Choctawhatchee Bay, Hogtown
Bayou, Jolly Bay, Bunker Cove, and Grassy Cove. All other bayous,
creeks, rivers are excluded at their mouths/entrances. The western
boundary is the
[[Page 536]]
U.S. Highway 98 bridge at Fort Walton Beach, FL. The southern boundary
is the 72 COLREGS line across East (Destin) Pass as defined at 33 CFR
80.810(f). The lateral extent of Unit 12 is the MHW line on each
shoreline of the included water bodies.
(2) A Map of Unit 12 follows:
[GRAPHIC] [TIFF OMITTED] TR19MR03.071
[[Page 537]]
(m) Unit 13: Apalachicola Bay in Gulf and Franklin County, Florida.
(1) Unit 13 includes the main body of Apalachicola Bay and its
adjacent sounds, bays, and the nearshore waters of the Gulf of Mexico.
These consist of St. Vincent Sound, including Indian Lagoon;
Apalachicola Bay including Horseshoe Cove and All Tides Cove; East Bay
including Little Bay and Big Bay; and St George Sound, including
Rattlesnake Cove and East Cove. Barrier Island passes (Indian Pass, West
Pass, and East Pass) are also included. Sike's cut is excluded from the
lighted buoys on the Gulf of Mexico side to the day boards on the bay
side. The southern boundary includes water extending into the Gulf of
Mexico 1 nm (1.9 km) from the MHW line of the barrier islands and from
72 COLREGS lines between the barrier islands (defined at 33 CFR 80.805
(e-h)). The western boundary is the line of longitude 85[deg]17.0[min]W
from its intersection with the shore (near Money Bayou between Cape San
Blas and Indian Peninsula) to its intersection with the southern
boundary. The eastern boundary is formed by a straight line drawn from
the shoreline of Lanark Village at 29[deg]53.1[min]N, 84[deg]35.0[min]W
to a point that is 1 nm (1.9 km) offshore from the northeastern
extremity of Dog Island at 29[deg]49.6[min]N, 84[deg]33.2[min]W. The
lateral extent of Unit 13 is the MHW line on each shoreline of the
included water bodies or the entrance of excluded rivers, bayous, and
creeks.
(2) A Map of Unit 13 follows:
[[Page 538]]
[GRAPHIC] [TIFF OMITTED] TR19MR03.072
(n) Unit 14: Suwannee Sound in Dixie and Levy Counties, Florida.
(1) Unit 14 includes Suwannee Sound and a portion of adjacent Gulf
of Mexico waters extending 9 nm from shore (16.7 km) out to the State
territorial water boundary. Its northern boundary is formed by a
straight line from the
[[Page 539]]
northern tip of Big Pine Island (at approximately 29[deg]23[min]N,
83[deg]12[min]W) to the Federal-State boundary at 29[deg]17[min]N,
83[deg]21[min]W. The southern boundary is formed by a straight line from
the southern tip of Richards Island (at approximately 83[deg]04[min]W,
29[deg]11[min]N) to the Federal-State boundary at 83[deg]15[min]W,
29[deg]04[min]N. The lateral extent of Unit 14 is the MHW line along the
shorelines and the mouths of the Suwannee River (East and West Pass),
its distributaries, and other rivers, creeks, or water bodies.
(2) A Map of Unit 14 follows:
[[Page 540]]
[GRAPHIC] [TIFF OMITTED] TR19MR03.073
[68 FR 13454, Mar. 19, 2003]
[[Page 541]]
Table 1 to Part 226--Major Stellar Sea Lion Rookery Sites
Major Steller sea lion rookery sites are identified in the following
table. Where two sets of coordinates are given, the baseline extends in
a clockwise direction from the first set of geographic coordinates along
the shoreline at mean lower-low water to the second set of coordinates.
Where only one set of coordinates is listed, that location is the base
point.
----------------------------------------------------------------------------------------------------------------
Boundaries to--
State/region/site -------------------------------------------------------------------------------
Latitude Longitude Latitude Longitude
----------------------------------------------------------------------------------------------------------------
Alaska:
Western Aleutians:
Agattu I.:
Cape Sabak \1\...... 52 23.5N.......... 173 43.5E......... 52 22.0N.......... 173 41.0E
Gillon Point \1\.... 52 24.0N.......... 173 21.5E.........
Attu I.\1\.............. 52 54.5N.......... 172 28.5E......... 52 57.5N.......... 172 31.5E
Buldir I.\1\............ 52 20.5N.......... 175 57.0E......... 52 23.5N.......... 172 51.0E
Central Aleutians:
Adak I.\1\.............. 51 36.5N.......... 176 59.0W......... 51 38.0N.......... 176 59.5W
Agligadak I.\1\......... 52 06.5N.......... 172 54.0W.........
Amchitka I.:\1\
Column Rock \1\..... 51 32.5N.......... 178 49.5E.........
East Cape \1\....... 51 22.5N.......... 179 28.0E......... 51 21.5N.......... 179 25.0E
Ayugadak I.\1\.......... 51 45.5N.......... 178 24.5E.........
Gramp Rock \1\.......... 51 29.0N.......... 178 20.5W.........
Kasatochi I.\1\......... 52 10.0N.......... 175 31.5W......... 52 10.5N.......... 175 29.0W
Kiska I.:
Lief Cove \1\....... 51 57.5N.......... 177 21.0E......... 51 56.5N.......... 177 20.0E
Cape St. Stephen \1\ 51 52.5N.......... 177 13.0E......... 51 53.5N.......... 177 12.0E
Seguam I./Saddleridge 52 21.0N.......... 172 35.0W......... 52 21.0N.......... 172 33.0W
\1\.
Semisopochnoi I.:
Pochnoi Pt \1\...... 51 58.5N.......... 179 45.5E......... 51 57.0N.......... 179 46.0E
Petrel Pt \1\....... 52 01.5N.......... 179 37.5E......... 52 01.5E.......... 179 39.0E
Tag I.\1\............... 51 33.5N.......... 178 34.5W.........
Ulak I.\1\.............. 51 20.0N.......... 178 57.0W......... 51 18.5N.......... 178 59.5W
Yunaska I.\1\........... 52 42.0N.......... 170 38.5W......... 52 41.0N.......... 170 34.5W
Eastern Aleutian:
Adugak I.\1\............ 52 55.0N.......... 169 10.5W.........
Akun I./Billings Head 54 18.0N.......... 165 32.5W......... 54 18.0N.......... 165 31.5W
\1\.
Akutan I./Cape Morgan 54 03.5N.......... 166 00.0W......... 54 05.5N.......... 166 05.0W
\1\.
Bogoslof I.\1\ \2\...... 53 56.0N.......... 168 02.0W.........
Ogchul I.\1\............ 53 00.0N.......... 168 24.0W.........
Sea Lion Rocks. (Amak) 55 28.0N.......... 163 12.0W.........
\1\.
Ugamak I.\1\............ 54 14.0N.......... 164 48.0W......... 54 13.0N.......... 164 48.0W
Bering Sea:
Walrus I.\1\............ 57 11.0N.......... 169 56.0W.........
Western Gulf of Alaska:
Atkins I.\1\............ 55 03.5N.......... 159 18.5W.........
Chernabura I.\1\........ 54 47.5N.......... 159 31.0W......... 54 45.5N.......... 159 33.5W
Clubbing Rocks (N) \1\.. 54 43.0N.......... 162 26.5W.........
Clubbing Rocks (S) \1\.. 54 42.0N.......... 162 26.5W.........
Pinnacle Rock \1\....... 54 46.0N.......... 161 46.0W.........
Central Gulf of Alaska:
Chirikof I.\1\.......... 55 46.5N.......... 155 39.5W......... 55 46.5N.......... 155 43.0W
Chowiet I.\1\........... 56 00.5N.......... 156 41.5W......... 56 00.5N.......... 156 42.0W
Marmot I.\1\............ 58 14.5N.......... 151 47.5W......... 58 10.0N.......... 151 51.0W
Outer I.\1\............. 59 20.5N.......... 150 23.0W......... 59 21.0N.......... 150 24.5W
Sugarloaf I.\1\......... 58 53.0N.......... 152 02.0W.........
Eastern Gulf of Alaska:
Seal Rocks \1\.......... 60 10.0N.......... 146 50.0W.........
Fish I.\1\.............. 59 53.0N.......... 147 20.5W.........
Southeast Alaska:
Forrester I............. 54 51.0N.......... 133 32.0W......... 54 52.5N.......... 133 35.5W
Hazy I.................. 55 52.0N.......... 134 34.0W......... 55 51.5N.......... 134 35.0W
White Sisters........... 57 38.0N.......... 136 15.5W.........
Oregon:
Rogue Reef: Pyramid Rock.... 42 26.4N.......... 124 28.1W.........
Orford Reef:
Long Brown Rock......... 42 47.3N.......... 124 36.2W.........
Seal Rock............... 42 47.1N.......... 124 35.4W.........
[[Page 542]]
California:
Ano Nuevo I................. 37 06.3N.......... 122 20.3W.........
Southeast Farallon I........ 37 41.3N.......... 123 00.1W.........
Sugarloaf I. & Cape 40 26.0N.......... 124 24.0W.........
Mendocino.
----------------------------------------------------------------------------------------------------------------
\1\ Includes an associated 20 NM aquatic zone.
\2\ Associated 20 NM aquatic zone lies entirely within one of the three special foraging areas.
[58 FR 45278, Aug. 27, 1993]
Table 2 to Part 226--Major Stellar Sea Lion Haulout Sites in Alaska
Major Steller sea lion haulout sites in Alaska are identified in the
following table. Where two sets of coordinates are given, the baseline
extends in a clockwise direction from the first set of geographic
coordinates along the shoreline at mean lower-low water to the second
set of coordinates. Where only one set of coordinates is listed, that
location is the basepoint.
----------------------------------------------------------------------------------------------------------------
Boundaries to--
State/region/site -------------------------------------------------------------------------------
Latitude Longitude Latitude Longitude
----------------------------------------------------------------------------------------------------------------
Alaska:
Western Aleutians:
Alaid I.\1\............. 52 45.0N.......... 173 56.5E......... 52 46.5N.......... 173 51.5E
Attu/Chirikof Pt.\1\.... 52 30.0N.......... 173 26.7E.........
Shemya I.\1\............ 52 44.0N.......... 174 09.0E.........
Central Aleutians:
Amatignak I.\1\......... 51 13.0N.......... 179 08.0E.........
Amlia I:
East \1\............ 52 05.0N.......... 172 58.5W......... 52 06.0N.......... 172 57.0W
Sviech. Harbor \1\.. 52 02.0N.......... 173 23.0W.........
Amukta I. & Rocks \1\... 52 31.5N.......... 171 16.5W......... 52 26.5N.......... 171 16.5W
Anagaksik I.\1\......... 51 51.0N.......... 175 53.5W.........
Atka I.\1\.............. 52 23.5N.......... 174 17.0W......... 52 24.5N.......... 174 07.5W
Bobrof I.\1\............ 51 54.0N.......... 177 27.0W.........
Chagulak I.\1\.......... 52 34.0N.......... 171 10.5W.........
Chuginadak I.\1\........ 52 46.5N.......... 169 44.5W......... 52 46.5N.......... 169 42.0W
Great Sitkin I.\1\...... 52 06.0N.......... 176 10.5W......... 52 07.0N.......... 176 08.5W
Kagamil I.\1\........... 53 02.5N.......... 169 41.0W.........
Kanaga I:
North Cape \1\...... 51 56.5N.......... 177 09.0W.........
Ship Rock \1\....... 51 47.0N.......... 177 22.5W.........
Kavalga I.\1\........... 51 34.5N.......... 178 51.5W......... 51 34.5N.......... 178 49.5W
Kiska I./Sirius Pt.\1\.. 52 08.5N.......... 177 36.5E.........
Kiska I./Sobaka & Vega 51 50.0N.......... 177 20.0E......... 51 48.5N.......... 177 20.5E
\1\.
Little Sitkin I.\1\..... 51 59.5N.......... 178 30.0E.........
Little Tanaga I.\1\..... 51 50.5N.......... 176 13.0W......... 51 49.0N.......... 176 13.0W
Sagigik I.\1\........... 52 00.5N.......... 173 08.0W.........
Seguam I:
South \1\........... 52 19.5N.......... 172 18.0W......... 52 15.0N.......... 172 37.0W
Finch Pt.\1\........ 52 23.5N.......... 172 25.5W......... 52 23.5N.......... 172 24.0W
Segula I.\1\............ 52 00.0N.......... 178 06.5E......... 52 03.5N.......... 178 09.0E
Tanaga I.\1\............ 51 55.0N.......... 177 58.5W......... 51 55.0N.......... 177 57.0W
Tanadak I. (Amlia) \1\.. 52 04.5N.......... 172 57.0W.........
Tanadak I. (Kiska) \1\.. 51 57.0N.......... 177 47.0E.........
Ugidak I.\1\............ 51 35.0N.......... 178 30.5W.........
Uliaga I.\1\............ 53 04.0N.......... 169 47.0W......... 53 05.0N.......... 169 46.0W
Unalga & Dinkum Rocks 51 34.0N.......... 179 04.0W......... 51 34.5N.......... 179 03.0W
\1\.
Eastern Aleutians:
Akutan I./Reef-Lava \1\. 54 10.5N.......... 166 04.5W......... 54 07.5N.......... 166 06.5W
Amak I.\1\.............. 55 24.0N.......... 163 07.0W......... 55 26.0N.......... 163 10.0W
Cape Sedanka & Island 53 50.5N.......... 166 05.0W.........
\1\.
Emerald I.\1\........... 53 17.5N.......... 167 51.5W.........
Old Man Rocks \1\....... 53 52.0N.......... 166 05.0W.........
Polivnoi Rock \1\....... 53 16.0N.......... 167 58.0W.........
Tanginak I.\1\.......... 54 13.0N.......... 165 19.5W.........
[[Page 543]]
Tigalda I.\1\........... 54 08.5N.......... 164 58.5W.........
Umnak I./Cape Aslik \1\. 53 25.0N.......... 168 24.5W.........
Bering Sea:
Cape Newenham \1\....... 58 39.0N.......... 162 10.5W.........
Hall I.\1\.............. 60 37.0N.......... 173 00.0W.........
Round I.\1\............. 58 36.0N.......... 159 58.0W.........
St. Paul I:
Northeast Point \1\. 57 15.0N.......... 170 06.5W.........
Sea Lion Rock \1\... 57 06.0N.......... 170 17.5W.........
St. George I:
S Rookery \1\....... 56 33.5N.......... 169 40.0W.........
Dalnoi Point \1\.... 56 36.0N.......... 169 46.0W.........
St. Lawrence I:
S Punuk I.\1\....... 64 04.0N.......... 168 51.0W.........
SW Cape \1\......... 63 18.0N.......... 171 26.0W.........
Western Gulf of Alaska:
Bird I. \1\............. 54 40.5N.......... 163 18.0W.........
Castle Rock \1\......... 55 17.0N.......... 159 30.0W.........
Caton I.\1\............. 54 23.5N.......... 162 25.5W.........
Jude I.\1\.............. 55 16.0N.......... 161 06.0W.........
Lighthouse Rocks \1\.... 55 47.5N.......... 157 24.0W.........
Nagai I.\1\............. 54 52.5N.......... 160 14.0W......... 54 56.0N.......... 160 15.0W
Nagai Rocks \1\......... 55 50.0N.......... 155 46.0W.........
Sea Lion Rocks (Unga) 55 04.5N.......... 160 31.0W.........
\1\.
South Rock \1\.......... 54 18.0N.......... 162 43.5W.........
Spitz I.\1\............. 55 47.0N.......... 158 54.0W.........
The Whaleback \1\....... 55 16.5N.......... 160 06.0W.........
Central Gulf of Alaska:
Cape Barnabas \1\....... 57 10.0N.......... 152 55.0W......... 57 07.5N.......... 152 55.0W
Cape Chiniak \1\........ 57 35.0N.......... 152 09.0W......... 57 37.5N.......... 152 09.0W
Cape Gull \1\ \2\....... 58 13.5N.......... 154 09.5W......... 58 12.5N.......... 154 10.5W
Cape Ikolik \1\ \2\..... 57 17.0N.......... 154 47.5W.........
Cape Kuliak \1\ \2\..... 58 08.0N.......... 154 12.5W.........
Cape Sitkinak \1\....... 56 32.0N.......... 153 52.0W.........
Cape Ugat \1\ \2\....... 57 52.0N.......... 153 51.0W.........
Gore Point \1\.......... 59 12.0N.......... 150 58.0W.........
Gull Point \1\.......... 57 21.5N.......... 152 36.5W......... 57 24.5N.......... 152 39.0W
Latax Rocks \1\......... 58 42.0N.......... 152 28.5W......... 58 40.5N.......... 152 30.0W
Long I.\1\.............. 57 45.5N.......... 152 16.0W.........
Nagahut Rocks \1\....... 59 06.0N.......... 151 46.0W.........
Puale Bay \1\ \2\....... 57 41.0N.......... 155 23.0W.........
Sea Lion Rocks (Marmot) 58 21.0N.......... 151 48.5W.........
\1\.
Sea Otter I.\1\......... 58 31.5N.......... 152 13.0W.........
Shakun Rock \1\ \2\..... 58 33.0N.......... 153 41.5W.........
Sud I.\1\............... 58 54.0N.......... 152 12.5W.........
Sutwik I.\1\............ 56 32.0N.......... 157 14.0W......... 56 32.0N.......... 157 20.0W
Takli I. \1\ \2\........ 58 03.0N.......... 154 27.5W......... 58 03.0N.......... 154 30.0W
Two-headed I.\1\........ 56 54.5N.......... 153 33.0W......... 56 53.5N.......... 153 35.5W
Ugak I.\1\.............. 57 23.0N.......... 152 15.5W......... 57 22.0N.......... 152 19.0W
Ushagat I. \1\.......... 58 55.0N.......... 152 22.0W.........
Eastern Gulf of Alaska:
Cape Fairweather........ 58 47.5N.......... 137 56.3W.........
Cape St. Elias \1\...... 59 48.0N.......... 144 36.0W.........
Chiswell Islands \1\.... 59 36.0N.......... 149 34.0W.........
Graves Rock............. 58 14.5N.......... 136 45.5W.........
Hook Point \1\.......... 60 20.0N.......... 146 15.5W.........
Middleton I.\1\......... 59 26.5N.......... 146 20.0W.........
Perry I.\1\............. 60 39.5N.......... 147 56.0W.........
Point Eleanor \1\....... 60 35.0N.......... 147 34.0W.........
Point Elrington \1\..... 59 56.0N.......... 148 13.5W.........
Seal Rocks \1\.......... 60 10.0N.......... 146 50.0W.........
The Needle \1\.......... 60 07.0N.......... 147 37.0W.........
Southeast Alaska:
Benjamin I.............. 58 33.5N.......... 134 54.5W.........
Biali Rock.............. 56 43.0N.......... 135 20.5W.........
Biorka I................ 56 50.0N.......... 135 34.0W.........
Cape Addington.......... 55 26.5N.......... 133 49.5W.........
Cape Cross.............. 57 55.0N.......... 136 34.0W.........
Cape Ommaney............ 56 10.5N.......... 134 42.5W.........
Coronation I............ 55 56.0N.......... 134 17.0W.........
[[Page 544]]
Gran Point.............. 59 08.0N.......... 135 14.5W.........
Lull Point.............. 57 18.5N.......... 134 48.5W.........
Sunset I................ 57 30.5N.......... 133 35.0W.........
Timbered I.............. 55 42.0N.......... 133 48.0W.........
----------------------------------------------------------------------------------------------------------------
\1\ Includes an associated 20 NM aquatic zone.
\2\ Associated 20 nm aquatic zone lies entirely within one of the three special foraging areas.
[58 FR 45279, Aug. 27, 1993, as amended at 59 FR 30716, June 15, 1994]
Table 3 to Part 226--Hydrologic Units Containing Critical Habitat for
Snake River Sockeye Salmon and Snake River Spring/Summer and Fall
Chinook Salmon
----------------------------------------------------------------------------------------------------------------
Hydrologic unit number
-----------------------------------------------------------------------------
Hydrologic unit name Spring/summer chinook
Sockeye salmon salmon Fall chinook salmon
----------------------------------------------------------------------------------------------------------------
Hells Canyon...................... ........................ 17060101 17060101
Imnaha............................ ........................ 17060102 17060102
Lower Snake--Asotin............... 17060103 17060103 17060103
Upper Grande Ronde................ ........................ 17060104
Wallowa........................... ........................ 17060105
Lower Grande Ronde................ ........................ 17060106 17060106
Lower Snake--Tucannon............. 17060107 17060107 17060107
Palouse........................... ........................ ........................ 17060108
Lower Snake....................... 17060110 17060110 17060110
Upper Salmon...................... 17060201 17060201
Pahsimeroi........................ ........................ 17060202
Middle Salmon--Panther............ 17060203 17060203
Lemhi............................. ........................ 17060204
Upper Middle Fork Salmon.......... ........................ 17060205
Lower Middle Fork Salmon.......... ........................ 17060206
Middle Salmon--Chamberlain........ 17060207 17060207
South Fork Salmon................. ........................ 17060208
Lower Salmon...................... 17060209 17060209 17060209
Little Salmon..................... ........................ 17060210
Clearwater........................ ........................ ........................ 17060306
Lower North Fork Clearwater....... ........................ ........................ 17060308
----------------------------------------------------------------------------------------------------------------
\1\ Hydrologic units and names taken from DOI, USGS 1:500,000 scale hydrologic unit maps (available from USGS);
State of Oregon, 1974; State of Washington, 1974; State of Idaho, 1974.
[58 FR 68552, Dec. 28, 1993]
Table 4 [Reserved]
Table 5 to Part 226--Hydrologic Units and Counties Containing Critical
Habitat for Central California Coast Coho Salmon, Tribal Lands Within
the Range of the ESU, and Dams/Reservoirs Representing the Upstream
Extent of Critical Habitat
----------------------------------------------------------------------------------------------------------------
Counties and tribal lands
Hydrologic contained in hydrologic unit
Hydrologic unit name unit No. and within the range of ESU1 Dams (reservoirs)
2
----------------------------------------------------------------------------------------------------------------
San Lorenzo-Soquel................... 18060001 Santa Cruz (CA), San Mateo Newell Dam (Loch Lomond).
(CA).
San Francisco Coastal South.......... 18050006 San Mateo (CA)...............
San Pablo Bay........................ 18050002 Marin (CA), Napa (CA)........ Phoenix Dam (Phoenix Lake).
Tomales-Drake Bays................... 18050005 Marin (CA), Sonoma (CA)...... Peters Dam (Kent Lake);
Seeger Dam (Nicasio
Reservoir).
Bodega Bay........................... 18010111 Marin (CA), Sonoma (CA)......
[[Page 545]]
Russian.............................. 18010110 Sonoma (CA), Mendocino (CA)-- Warm Springs Dam (Lake
Cloverdale Rancheria; Coyote Sonoma); Coyote Dam (Lake
Valley Rancheria; Dry Creek Mendocino).
Rancheria; Guidiville
Rancheria; Hopland
Rancheria; Lytton Rancheria;
Pinoleville Rancheria;
Stewarts Point Rancheria.
Gualala-Salmon....................... 18010109 Sonoma (CA), Mendocino (CA)..
Big-Navarro-Garcia................... 18010108 Mendocino (CA)--Manchester/
Point Arena Rancheria;.
----------------------------------------------------------------------------------------------------------------
1 Some counties have very limited overlap with estuarine, riverine, or riparian habitats identified as critical
habitat for this ESU. Consult USGS hydrologic unit maps (available from USGS) to determine specific county and
basin boundaries.
2 Tribal lands are specifically excluded from critical habitat for this ESU.
[64 FR 24061, May 5, 1999]
Table 6 to Part 226--Hydrologic Units and Counties Containing Critical
Habitat for Southern Oregon/Northern California Coasts Coho Salmon,
Tribal Lands Within the Range of the ESU, and Dams/Reservoirs
Representing the Upstream Extent of Critical Habitat
----------------------------------------------------------------------------------------------------------------
Counties and tribal lands
Hydrologic contained in hydrologic unit
Hydrologic unit name unit No. and within the range of ESU1 Dams (reservoirs)
2
----------------------------------------------------------------------------------------------------------------
Mattole.............................. 18010107 Humboldt (CA), Mendocino (CA)
South Fork Eel....................... 18010106 Mendocino (CA), Humboldt
(CA)--Laytonville Rancheria;
Sherwood Valley Rancheria.
Lower Eel............................ 18010105 Mendocino (CA), Humboldt
(CA), Trinity (CA).
Middle Fork Eel...................... 18010104 Mendocino (CA), Trinity (CA),
Glenn (CA), Lake (CA)--Round
Valley Reservation.
Upper Eel............................ 18010103 Mendocino (CA), Glenn (CA), Scott Dam (Lake Pillsbury).
Lake (CA).
Mad-Redwood.......................... 18010102 Humboldt (CA), Trinity (CA)--
Big Lagoon Rancheria; Blue
Lake Rancheria.
Smith................................ 18010101 Del Norte (CA), Curry (OR)--
Elk Valley Rancheria; Smith
River Rancheria.
South Fork Trinity................... 18010212 Humboldt (CA), Trinity (CA)..
Trinity.............................. 18010211 Humboldt (CA), Trinity (CA)-- Lewiston Dam (Lewiston
Hoopa Valley Reservation. Reservoir).
Salmon............................... 18010210 Siskiyou (CA)................
Lower Klamath........................ 18010209 Del Norte (CA), Humboldt
(CA), Siskiyou (CA)--Karuk
Reservation; Resighini
Rancheria; Yurok Reservation.
Scott................................ 18010208 Siskiyou (CA)--Quartz Valley
Reservation.
Shasta............................... 18010207 Siskiyou (CA)................ Dwinnell Dam (Dwinnell
Reservoir).
Upper Klamath........................ 18010206 Siskiyou (CA), Jackson (OR).. Irongate Dam (Irongate
Reservoir).
Chetco............................... 17100312 Curry (OR), Del Norte (CA)...
Illinois............................. 17100311 Curry (OR), Josephine (OR), Selmac Lake Dam (Lake
Del Norte (CA). Selmac).
Lower Rogue.......................... 17100310 Curry (OR), Josephine (OR),
Jackson (OR).
Applegate............................ 17100309 Josephine (OR), Jackson (OR), Applegate Dam (Applegate
Siskiyou (CA). Reservoir).
Middle Rogue......................... 17100308 Josephine (OR), Jackson (OR). Emigrant Lake Dam (Emigrant
Lake).
Upper Rogue.......................... 17100307 Jackson (OR), Klamath (OR), Agate Lake Dam (Agate Lake);
Douglas (OR). Fish Lake Dam (Fish Lake);
Willow Lake Dam (Willow
Lake); Lost Creek Dam (Lost
Creek Reservoir).
Sixes................................ 17100306 Curry (OR)...................
----------------------------------------------------------------------------------------------------------------
1 Some counties have very limited overlap with estuarine, riverine, or riparian habitats identified as critical
habitat for this ESU. Consult USGS hydrologic unit maps (available from USGS) to determine specific county and
basin boundaries.
2 Tribal lands are specifically excluded from critical habitat for this ESU.
[64 FR 24061, May 5, 1999]
[[Page 546]]
PART 228_NOTICE AND HEARING ON SECTION 103(d) REGULATIONS--Table of
Contents
Sec.
228.1 Basis and purpose.
228.2 Definitions.
228.3 Scope of regulations.
228.4 Notice of hearing.
228.5 Notification by interested persons.
228.6 Presiding officer.
228.7 Direct testimony submitted as written documents.
228.8 Mailing address.
228.9 Inspection and copying of documents.
228.10 Ex parte communications.
228.11 Prehearing conference.
228.12 Final agenda of the hearing.
228.13 Determination to cancel the hearing.
228.14 Rebuttal testimony and new issues of fact in final agenda.
228.15 Waiver of right to participate.
228.16 Conduct of the hearing.
228.17 Direct testimony.
228.18 Cross-examination.
228.19 Oral and written arguments.
228.20 Recommended decision, certification of the transcript and
submission of comments on the recommended decision.
228.21 Assistant Administrator's decision.
Authority: 16 U.S.C. 1361 et seq.
Source: 65 FR 39560, June 27, 2000, unless otherwise noted.
Sec. 228.1 Basis and purpose.
(a) Sections 101(a)(2), 101(a)(3)(A), and 101(b) of the Marine
Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(2), 1371(a)(3)(A), and
1371(b)) and these regulations authorize the Assistant Administrator of
the National Marine Fisheries Service, to:
(1) Impose regulations governing the taking of marine mammals
incidental to commercial fishing operations;
(2) Waive the moratorium and to adopt regulations with respect to
the taking and importing of animals from each species of marine mammals
under the Assistant Administrator's jurisdiction;
(3) Prescribe regulations governing the taking of depleted marine
mammals by any Indian, Aleut or Eskimo, respectively. In prescribing
regulations to carry out the provisions of said sections, the Act refers
the Assistant Administrator to section 103 (16 U.S.C. 1373). In
accordance with section 103(d), regulations must be made on the record
after opportunity for an agency hearing on such regulations and, in the
case of a waiver, on the determination by the Assistant Administrator to
waive the moratorium pursuant to section 101(a)(3)(A) of the Act (16
U.S.C. 1371(a)(3)(A)).
(b) The purpose of this part is to establish rules of practice and
procedure for all hearings conducted pursuant to section 103(d) of the
Act.
Sec. 228.2 Definitions.
(a) Party means, for the purposes of this subpart:
(1) The Assistant Administrator or the Assistant Administrator's
representative;
(2) A person who has notified the Assistant Administrator by
specified dates of his or her intent to participate in the hearing
pursuant to Sec. Sec. 228.5 and 228.14(b).
(b) Witness means, for the purpose of this part, any person who
submits written direct testimony on the proposed regulations. A person
may be both a party and a witness.
Sec. 228.3 Scope of regulations.
The procedural regulations in this part govern the practice and
procedure in hearings held under section 103(d) of the Act. These
hearings will be governed by the provisions of 5 U.S.C. 556 and section
557 of the Administrative Procedure Act. The regulations shall be
construed to secure the just, speedy and inexpensive determination of
all issues raised with respect to any waiver or regulation proposed
pursuant to section 103(d) of the Act with full protection for the
rights of all persons affected thereby.
Sec. 228.4 Notice of hearing.
(a) A notice of hearing on any proposed regulations shall be
published in the Federal Register, together with the Assistant
Administrator's proposed determination to waive the moratorium pursuant
to section 101(a)(3)(A) of the Act (16 U.S.C. 1371(a)(3)(A)), where
applicable.
(b) The notice shall state:
(1) The nature of the hearing;
(2) The place and date of the hearing. The date shall not be less
than 60 days after publication of notice of the hearing;
[[Page 547]]
(3) The legal authority under which the hearing is to be held;
(4) The proposed regulations and waiver, where applicable, and a
summary of the statements required by section 103(d) of the Act (16
U.S.C. 1373(d));
(5) Issues of fact which may be involved in the hearing;
(6) If a draft Environmental Impact Statement is required, the date
of publication of the draft and the place(s) where the draft and
comments thereon may be viewed and copied;
(7) Any written advice received from the Marine Mammal Commission;
(8) The place(s) where records and submitted direct testimony will
be kept for public inspection;
(9) The final date for filing with the Assistant Administrator a
notice of intent to participate in the hearing pursuant to Sec. 228.5;
(10) The final date for submission of direct testimony on the
proposed regulations and waiver, if applicable, and the number of copies
required;
(11) The docket number assigned to the case which shall be used in
all subsequent proceedings; and
(12) The place and date of the pre-hearing conference.
Sec. 228.5 Notification by interested persons.
Any person desiring to participate as a party shall notify the
Assistant Administrator, by certified mail, on or before the date
specified in the notice.
Sec. 228.6 Presiding officer.
(a) Upon publication of the notice of hearing pursuant to Sec.
228.4, the Assistant Administrator shall appoint a presiding officer
pursuant to 5 U.S.C. 3105. No individual who has any conflict of
interest, financial or otherwise, shall serve as presiding officer in
such proceeding.
(b) The presiding officer, in any proceeding under this subpart,
shall have power to:
(1) Change the time and place of the hearing and adjourn the
hearing;
(2) Evaluate direct testimony submitted pursuant to these
regulations, make a preliminary determination of the issues, conduct a
prehearing conference to determine the issues for the hearing agenda,
and cause to be published in the Federal Register a final hearing
agenda;
(3) Rule upon motions, requests and admissibility of direct
testimony;
(4) Administer oaths and affirmations, question witnesses and direct
witnesses to testify;
(5) Modify or waive any rule (after notice) when determining that no
party will be prejudiced;
(6) Receive written comments and hear oral arguments;
(7) Render a recommended decision; and
(8) Do all acts and take all measures, including regulation of media
coverage, for the maintenance of order at and the efficient conduct of
the proceeding.
(c) In case of the absence of the original presiding officer or the
original presiding officer's inability to act, the powers and duties to
be performed by the original presiding officer under this subpart in
connection with a proceeding may, without abatement of the proceeding,
be assigned to any other presiding officer unless otherwise ordered by
the Assistant Administrator.
(d) The presiding officer may upon the presiding officer's own
motion withdraw as presiding officer in a proceeding if the presiding
officer deems himself or herself to be disqualified.
(e) A presiding officer may be requested to withdraw at any time
prior to the recommended decision. Upon the filing by an interested
person in good faith of a timely and sufficient affidavit alleging the
presiding officer's personal bias, malice, conflict of interest or other
basis which might result in prejudice to a party, the hearing shall
recess. The Assistant Administrator shall immediately determine the
matter as a part of the record and decision in the proceeding, after
making such investigation or holding such hearings, or both, as the
Assistant Administrator may deem appropriate in the circumstances.
Sec. 228.7 Direct testimony submitted as written documents.
(a) Unless otherwise specified, all direct testimony, including
accompanying exhibits, must be submitted to the presiding officer in
writing no later
[[Page 548]]
than the dates specified in the notice of the hearing (Sec. 228.4), the
final hearing agenda (Sec. 228.12), or within 15 days after the
conclusion of the prehearing conference (Sec. 228.14) as the case may
be. All direct testimony shall be in affidavit form and exhibits
constituting part of such testimony, referred to in the affidavit and
made a part thereof, must be attached to the affidavit. Direct testimony
submitted with exhibits must state the issue to which the exhibit
relates; if no such statement is made, the presiding officer shall
determine the relevance of the exhibit to the issues published in the
Federal Register.
(b) The direct testimony submitted shall contain:
(1) A concise statement of the witness' interest in the proceeding
and his position regarding the issues presented. If the direct testimony
is presented by a witness who is not a party, the witness shall state
the witness' relationship to the party; and
(2) Facts that are relevant and material.
(c) The direct testimony may propose issues of fact not defined in
the notice of the hearing and the reason(s) why such issues should be
considered at the hearing.
(d) Ten copies of all direct testimony must be submitted unless the
notice of the hearing specifies otherwise.
(e) Upon receipt, direct testimony shall be assigned a number and
stamped with that number and the docket number.
(f) Contemporaneous with the publication of the notice of hearing,
the Assistant Administrator's direct testimony in support of the
proposed regulations and waiver, where applicable, shall be available
for public inspection as specified in the notice of hearing. The
Assistant Administrator may submit additional direct testimony during
the time periods allowed for submission of such testimony by witnesses.
Sec. 228.8 Mailing address.
Unless otherwise specified in the notice of hearing, all direct
testimony shall be addressed to the Presiding Officer, c/o Assistant
Administrator, National Marine Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910. All affidavits and exhibits shall be
clearly marked with the docket number of the proceedings.
Sec. 228.9 Inspection and copying of documents.
Any document in a file pertaining to any hearing authorized by this
subpart or any document forming part of the record of such a hearing may
be inspected and/or copied in the Office of the Assistant Administrator,
National Marine Fisheries Service, 1315 East-West Highway, Silver
Spring, MD 20910-unless the file is in the care and custody of the
presiding officer, in which case the presiding officer shall notify the
parties as to where and when the record may be inspected.
Sec. 228.10 Ex parte communications.
(a) After notice of a hearing is published in the Federal Register,
all communications, whether oral or written, involving any substantive
or procedural issue and directed either to the presiding officer or to
the Assistant Administrator, Deputy Assistant Administrator, or Chief of
the Marine Mammal Division, National Marine Fisheries Service, without
reference to these rules of procedure, shall be deemed ex parte
communications and are not to be considered part of the record for
decision.
(b) A record of oral conversations shall be made by the persons who
are contacted. All communications shall be available for public viewing
at the place(s) specified in the notice of hearing.
(c) The presiding office shall not consult any person or party on
any fact in issue or on the merits of the matter unless notice and
opportunity is given for all parties to participate.
Sec. 228.11 Prehearing conference.
(a) After an examination of all the direct testimony submitted
pursuant to Sec. 228.7, the presiding officer shall make a preliminary
determination of issues of fact which may be addressed at the hearing.
(b) The presiding officer's preliminary determination shall be made
available at the place or places provided in the notice of the hearing
(Sec. 228.4(b)(8)) at least 5 days before the prehearing conference.
[[Page 549]]
(c) The purpose of the prehearing conference shall be to enable the
presiding officer to determine, on the basis of the direct testimony
submitted and prehearing discussions:
(1) Whether the presiding officer's preliminary determination of
issues of fact for the hearing has omitted any significant issues;
(2) What facts are not in dispute;
(3) Which witnesses may appear at the hearing; and
(4) The nature of the interest of each party and which parties'
interests are adverse.
(d) Only parties may participate in the hearing conference and a
party may appear in person or be represented by counsel.
(e) Parties who do not appear at the prehearing conference shall be
bound by the conference's determinations.
Sec. 228.12 Final agenda of the hearing.
(a) After the prehearing conference, the presiding officer shall
prepare a final agenda which shall be published in the Federal Register
within 10 days after the conclusion of the conference. A copy of the
final agenda shall be mailed to all parties.
(b) The final agenda shall list:
(1) All the issues which the hearing shall address, the order in
which those issues shall be presented, and the direct testimony
submitted which bears on the issues; and
(2) A final date for submission of direct testimony on issues of
fact not included in the notice of hearing if such issues are presented.
The final agenda may also specify a final date for submission of direct
testimony to rebut testimony previously submitted during the time
specified in the notice of the hearing.
(c) The presiding officer shall publish with the final agenda a list
of witnesses who may appear at the hearing, a list of parties, the
nature of the interest of each party, and which parties' interests are
adverse on the issues presented.
Sec. 228.13 Determination to cancel the hearing.
(a) If the presiding officer concludes that no issues of fact are
presented by the direct testimony submitted, the presiding officer shall
publish such conclusion and notice in the Federal Register that a
hearing shall not be held and shall also publish a date for filing
written comments on the proposed regulations. Written comments may
include proposed findings and conclusions, arguments or briefs.
(b) A person need not be a party to submit any written comments.
(c) Promptly after expiration of the period for receiving written
comments, the presiding officer shall make a recommended decision based
on the record, which in this case shall consist of the direct testimony
and written comments submitted. He shall transfer to the Assistant
Administrator his recommended decision, the record and a certificate
stating that the record contains all the written direct testimony and
comments submitted. The Assistant Administrator shall then make a final
decision in accordance with these regulations (Sec. 228.21).
Sec. 228.14 Rebuttal testimony and new issues of fact in final agenda.
(a) Direct testimony to rebut testimony offered during the time
period specified in the notice of hearing may be submitted pursuant to
these regulations within fifteen days after the conclusion of the
prehearing conference unless the presiding officer otherwise specifies
in the final agenda.
(b) If the final agenda presents issues not included in the notice
of the hearing published pursuant to Sec. 228.4:
(1) Any person interested in participating at the hearing on such
issues presented shall notify the Assistant Administrator by certified
mail of an intent to participate not later than 10 days after
publication of the final agenda. Such person may present direct
testimony or cross-examine witnesses only on such issues presented
unless that person previously notified the Assistant Administrator
pursuant to Sec. 228.5; and
(2) Additional written direct testimony concerning such issues may
be submitted within the time provided in the final agenda. Such direct
testimony will comply with the requirements of Sec. 228.7.
[[Page 550]]
Sec. 228.15 Waiver of right to participate.
Persons who fail to notify the Assistant Administrator pursuant to
Sec. Sec. 228.5 and 228.14 shall be deemed to have waived their right
to participate as parties in any part of the hearing.
Sec. 228.16 Conduct of the hearing.
(a) The hearing shall be held at the time and place fixed in the
notice of the hearing, unless the presiding officer changes the time or
place. If a change occurs, the presiding officer shall publish the
change in the Federal Register and shall expeditiously notify all
parties by telephone or by mail: Provided, that if that change in time
or place of hearing is made less than 5 days before the date previously
fixed for the hearing, the presiding officer shall also announce, or
cause to be announced, the change at the time and place previously fixed
for the hearing.
(b) The presiding officer shall, at the commencement of the hearing,
introduce into the record: the notice of hearing as published in the
Federal Register; all subsequent documents published in the Federal
Register; the draft Environmental Impact Statement if it is required and
the comments thereon and agency responses to the comments; and a list of
all parties. Direct testimony shall then be received with respect to the
matters specified in the final agenda in such order as the presiding
officer shall announce. With respect to direct testimony submitted as
rebuttal testimony or in response to new issues presented by the
prehearing conference, the presiding officer shall determine the
relevancy of such testimony.
(c) The hearing shall be publicly conducted and reported verbatim by
an official reporter.
(d) If a party objects to the admission or rejection of any direct
testimony or to any other ruling of the presiding officer during the
hearing, he or she shall state briefly the grounds of such objection,
whereupon an automatic exception will follow if the objection is
overruled by the presiding officer. The transcript shall not include
argument or debate thereon except as ordered by the presiding officer.
The ruling by the presiding officer on any objection shall be a part of
the transcript and shall be subject to review at the same time and in
the same manner as the Assistant Administrator's final decision. Only
objections made before the presiding officer may subsequently be relied
upon in the proceedings.
(e) All motions and requests shall be addressed to, and ruled on by,
the presiding officer, if made prior to his certification of the
transcript or by the Assistant Administrator if made thereafter.
Sec. 228.17 Direct testimony.
(a) Only direct testimony submitted by affidavit as provided in
these regulations and introduced at the hearing by a witness shall be
considered part of the record. Such direct testimony shall not be read
into evidence but shall become a part of the record subject to exclusion
of irrelevant and immaterial parts thereof;
(b) The witness introducing direct testimony shall:
(1) State his or her name, address and occupation;
(2) State qualifications for introducing the direct testimony. If an
expert, the witness shall briefly state the scientific or technical
training which qualifies the witness as an expert;
(3) Identify the direct testimony previously submitted in accordance
with these regulations; and
(4) Submit to appropriate cross and direct examination. Cross-
examination shall be by a party whose interests are adverse on the issue
presented, to the witness', if the witness is a party, or to the
interests of the party who presented the witness.
(c) A party shall be deemed to have waived the right to introduce
direct testimony if such party fails to present a witness to introduce
the direct testimony.
(d) Official notice may be taken of such matters as are judicially
noticed by the courts of the United States: Provided, that parties shall
be given adequate notice, by the presiding officer, at the hearing, of
matters so noticed and shall be given adequate opportunity to show that
such facts are inaccurate or are erroneously noticed.
Sec. 228.18 Cross-examination.
(a) The presiding officer may:
[[Page 551]]
(1) Require the cross-examiner to outline the intended scope of the
cross-examination;
(2) Prohibit parties from cross-examining witnesses unless the
presiding officer has determined that the cross-examiner has an adverse
interest on the facts at issue to the party-witness or the party
presenting the witness. For the purposes of this subsection, the
Assistant Administrator's or his or her representative's interest shall
be considered adverse to all parties;
(3) Limit the number of times any party or parties having a common
interest may cross-examine an ``adverse'' witness on the same matter;
and
(4) Exclude cross-examination questions that are immaterial,
irrelevant or unduly repetitious.
(b) Any party shall be given an opportunity to appear, either in
person or through an authorized counsel or representative, to cross-
examine witnesses. Before cross-examining a witness, the party or
counsel shall state his or her name, address and occupation. If counsel
cross-examines the witness, counsel shall state for the record the
authority to act as counsel. Cross-examiners shall be assumed to be
familiar with the direct testimony.
(c) Any party or party's counsel who fails to appear at the hearing
to cross-examine an ``adverse'' witness shall be deemed to have waived
the right to cross-examine that witness.
(d) Scientific, technical or commercial publications may only be
utilized for the limited purposes of impeaching witnesses under cross-
examination unless previously submitted and introduced in accordance
with these regulations.
Sec. 228.19 Oral and written arguments.
(a) The presiding officer may, in his or her discretion, provide for
oral argument at the end of the hearing. Such argument, when permitted,
may be limited by the presiding officer to the extent necessary for the
expeditious disposition of the proceeding.
(b) The presiding officer shall announce at the hearing a reasonable
period of time within which any interested person may file with the
presiding officer any written comments on the proposed regulations and
waiver, including proposed findings and conclusions and written
arguments or briefs, which are based upon the record and citing where
practicable the relevant page or pages of the transcript. If a party
filing a brief desires the presiding officer to reconsider any objection
made by such party to a ruling of the presiding officer, the party shall
specifically identify such rulings by reference to the pertinent pages
of the transcript and shall state their arguments thereon as a part of
the brief.
(c) Oral or written arguments shall be limited to issues arising
from direct testimony on the record.
Sec. 228.20 Recommended decision, certification of the transcript and
submission of comments on the recommended decision.
(a) Promptly after expiration of the period for receiving written
briefs, the presiding officer shall make a recommended decision based on
the record and transmit the decision to the Assistant Administrator. The
recommended decision shall include:
(1) A statement containing a description of the history of the
proceedings;
(2) Findings on the issues of fact with the reasons therefor; and
(3) Rulings on issues of law.
(b) The presiding officer shall also transmit to the Assistant
Administrator the transcript of the hearing, the original and all copies
of the direct testimony, and written comments. The presiding officer
shall attach to the original transcript of the hearing a certificate
stating that, to the best of his knowledge and belief, the transcript is
a true transcript of the testimony given at the hearing except in such
particulars as are specified.
(c) Immediately after receipt of the recommended decision, the
Assistant Administrator shall give notice thereof in the Federal
Register, send copies of the recommended decision to all parties, and
provide opportunity for the submission of comments. The recommended
decision may be reviewed and/or copied in the office of the Assistant
Administrator, National Marine Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910.
(d) Within 20 days after the notice of receipt of the recommended
decision
[[Page 552]]
has been published in the Federal Register, any interested person may
file with the Assistant Administrator any written comments on the
recommended decision. All comments, including recommendations from or
consultation with the Marine Mammal Commission, must be submitted during
the 20-day period to the Assistant Administrator at the previously
mentioned address.
Sec. 228.21 Assistant Administrator's decision.
(a) Upon receipt of the recommended decision and transcript and
after the 20-day period for receiving written comments on the
recommended decision has passed, the Assistant Administrator shall make
a final decision on the proposed regulations and waiver, where
applicable. The Assistant Administrator's decision may affirm, modify,
or set aside, in whole or in part, the recommended findings, conclusions
and decision of the presiding officer. The Assistant Administrator may
also remand the hearing record to the presiding officer for a fuller
development of the record.
(b) The Assistant Administrator's decision shall include:
(1) A statement containing a description of the history of the
proceeding;
(2) Findings on the issues of fact with the reasons therefor; and
(3) Rulings on issues of law.
(4) The Assistant Administrator's decision shall be published in the
Federal Register. If the waiver is approved, the final adopted
regulations shall be promulgated with the decision.
PART 229_AUTHORIZATION FOR COMMERCIAL FISHERIES UNDER THE MARINE MAMMAL
PROTECTION ACT OF 1972--Table of Contents
Subpart A_General Provisions
Sec.
229.1 Purpose and scope.
229.2 Definitions.
229.3 Prohibitions.
229.4 Requirements for Category I and II fisheries.
229.5 Requirements for Category III fisheries.
229.6 Reporting requirements.
229.7 Monitoring of incidental mortalities and serious injuries.
229.8 Publication of List of Fisheries.
229.9 Emergency regulations.
229.10 Penalties.
229.11 Confidential fisheries data.
229.12 Consultation with the Secretary of the Interior.
Subpart B_Takes of Endangered and Threatened Marine Mammals
229.20 Issuance of permits.
Subpart C_Take Reduction Plan Regulations and Emergency Regulations
229.30 Basis.
229.31 Pacific Offshore Cetacean Take Reduction Plan.
229.32 Atlantic large whale take reduction plan regulations.
229.33 Harbor Porpoise Take Reduction Plan Implementing Regulations--
Gulf of Maine.
229.34 Harbor Porpoise Take Reduction Plan--Mid-Atlantic.
Figure 1 to Part 229--Drift Gillnet Pinger Configuration and Extender
Requirements
Authority: 16 U.S.C. 1361 et seq.
Source: 60 FR 45100, Aug. 30, 1995, unless otherwise noted.
Subpart A_General Provisions
Sec. 229.1 Purpose and scope.
(a) The regulations in this part implement sections 101(a)(5)(E) and
118 of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C.
1371(a)(5)(E) and 1387) that provide for exceptions for the taking of
marine mammals incidental to certain commercial fishing operations from
the Act's general moratorium on the taking of marine mammals.
(b) Section 118 of the Act, rather than sections 103 and 104,
governs the incidental taking of marine mammals in the course of
commercial fishing operations by persons using vessels of the United
States, other than vessels fishing for yellowfin tuna in the eastern
tropical Pacific Ocean purse seine fishery, and vessels that have valid
fishing permits issued in accordance with section 204(b) of the Magnuson
Fishery Conservation and Management Act (16 U.S.C. 1824(b)).
[[Page 553]]
(c) The regulations of Subpart B also govern the incidental taking
by commercial fishers of marine mammals from species or stocks
designated under the Act as depleted on the basis of their listing as
threatened species or endangered species under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.).
(d) The regulations of this part do not apply to the incidental
taking of California sea otters or to Northwest treaty Indian tribal
members exercising treaty fishing rights.
(e) Authorizations under subpart A of this part are exemptions only
from the taking prohibitions under the Act and not those under the
Endangered Species Act of 1973. To be exempt from the taking
prohibitions under the Endangered Species Act, specific authorization
under subpart B of this part is required.
(f) Authorizations under this part do not apply to the intentional
lethal taking of marine mammals in the course of commercial fishing
operations except as provided for under Sec. Sec. 229.4(k) and
229.5(f).
(g) The purposes of the regulations in this part are to:
(1) Reduce the incidental mortality or serious injury of marine
mammals occurring in the course of commercial fishing operations below
the potential biological removal level for a particular stock, and
(2) Reduce the incidental mortality or serious injury of marine
mammals occurring in the course of commercial fishing operations to
insignificant levels approaching a zero mortality and serious injury
rate by the statutory deadline of April 30, 2001.
[60 FR 45100, Aug. 30, 1995, as amended at 64 FR 9086, Feb. 24, 1999]
Sec. 229.2 Definitions.
In addition to the definitions contained in the Act and Sec. 216.3
of this chapter, and unless the context otherwise requires, in this part
229:
Act or MMPA means the Marine Mammal Protection Act of 1972, as
amended (16 U.S.C. 1361 et seq.).
American lobster or lobster means Homarus americanus.
Anchored gillnet means any gillnet gear, including a sink gillnet or
stab net, that is set anywhere in the water column and which is
anchored, secured or weighted to the bottom of the sea. Also called a
set gillnet.
Assistant Administrator means the Assistant Administrator for
Fisheries of the National Oceanic and Atmospheric Administration.
Authorization Certificate means a document issued by the Assistant
Administrator, or designee, under the authority of section 118 of the
Act that authorizes the incidental, but not intentional, taking of
marine mammals in Category I or II fisheries.
Breaking strength means the highest tensile force which an object
can withstand before breaking.
Bridle means the lines connecting a gillnet to an anchor or buoy
line.
Buoy line means a line connecting fishing gear in the water to a
buoy at the surface of the water.
Category I fishery means a commercial fishery determined by the
Assistant Administrator to have frequent incidental mortality and
serious injury of marine mammals. A commercial fishery that frequently
causes mortality or serious injury of marine mammals is one that is by
itself responsible for the annual removal of 50 percent or more of any
stock's potential biological removal level.
Category II fishery means a commercial fishery determined by the
Assistant Administrator to have occasional incidental mortality and
serious injury of marine mammals. A commercial fishery that occasionally
causes mortality or serious injury of marine mammals is one that,
collectively with other fisheries, is responsible for the annual removal
of more than 10 percent of any marine mammal stock's potential
biological removal level and that is by itself responsible for the
annual removal of between 1 and 50 percent, exclusive, of any stock's
potential biological removal level. In the absence of reliable
information indicating the frequency of incidental mortality and serious
injury of marine mammals by a commercial fishery, the Assistant
Administrator will determine whether the incidental serious injury or
mortality is ``occasional'' by evaluating other factors such as fishing
techniques, gear used, methods used to
[[Page 554]]
deter marine mammals, target species, seasons and areas fished,
qualitative data from logbooks or fisher reports, stranding data, and
the species and distribution of marine mammals in the area, or at the
discretion of the Assistant Administrator. Eligible commercial fisheries
not specifically identified in the list of fisheries are deemed to be
Category II fisheries until the next list of fisheries is published.
Category III fishery means a commercial fishery determined by the
Assistant Administrator to have a remote likelihood of, or no known
incidental mortality and serious injury of marine mammals. A commercial
fishery that has a remote likelihood of causing incidental mortality and
serious injury of marine mammals is one that collectively with other
fisheries is responsible for the annual removal of:
(1) Ten percent or less of any marine mammal stock's potential
biological removal level, or
(2) More than 10 percent of any marine mammal stock's potential
biological removal level, yet that fishery by itself is responsible for
the annual removal of 1 percent or less of that stock's potential
biological removal level. In the absence of reliable information
indicating the frequency of incidental mortality and serious injury of
marine mammals by a commercial fishery, the Assistant Administrator will
determine whether the incidental serious injury or mortality is
``remote'' by evaluating other factors such as fishing techniques, gear
used, methods used to deter marine mammals, target species, seasons and
areas fished, qualitative data from logbooks or fisher reports,
stranding data, and the species and distribution of marine mammals in
the area or at the discretion of the Assistant Administrator.
Commercial fishing operation means the catching, taking, or
harvesting of fish from the marine environment (or other areas where
marine mammals occur) that results in the sale or barter of all or part
of the fish harvested. The term includes licensed commercial passenger
fishing vessel (as defined in Sec. 216.3 of this chapter) activities
and aquaculture activities.
Depleted species means any species or population that has been
designated as depleted under the Act and is listed in Sec. 216.15 of
this chapter or part 18, subpart E of this title, or any endangered or
threatened species of marine mammal.
Driftnet, drift gillnet, or drift entanglement gear means a gillnet
or gillnets that is/are unattached to the ocean bottom and not anchored,
secured or weighted to the bottom, regardless of whether attached to a
vessel.
Fisher or fisherman means the vessel owner or operator, or the owner
or operator of gear in a nonvessel fishery.
Fishery has the same meaning as in section 3 of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1802).
Fishing trip means any time spent away from port actively engaged in
commercial fishing operations. The end of a fishing trip will be the
time of a fishing vessel's return to port or the return of a fisher from
tending gear in a nonvessel fishery.
Fishing vessel or vessel means any vessel, boat, ship, or other
craft that is used for, equipped to be used for, or of a type normally
used for, fishing.
Float-line means the rope at the top of a gillnet from which the
mesh portion of the net is hung.
Gillnet means fishing gear consisting of a wall of webbing (meshes)
or nets, designed or configured so that the webbing (meshes) or nets are
placed in the water column, usually held approximately vertically, and
are designed to capture fish by entanglement, gilling, or wedging. The
term ``gillnet'' includes gillnets of all types, including but not
limited to sink gillnets, other anchored gillnets (e.g. stab and set
nets), and drift gillnets. Gillnets may or may not be attached to a
vessel.
Groundline, with reference to lobster trap gear, means a line
connecting lobster traps in a lobster trap trawl, and, with reference to
gillnet gear, means a line connecting a gillnet or gillnet bridle to an
anchor or buoy line.
Incidental means, with respect to an act, a non-intentional or
accidental act that results from, but is not the purpose of, carrying
out an otherwise lawful action.
Injury means a wound or other physical harm. Signs of injury to a
marine mammal include, but are not limited
[[Page 555]]
to, visible blood flow, loss of or damage to an appendage or jaw,
inability to use one or more appendages, asymmetry in the shape of the
body or body position, noticeable swelling or hemorrhage, laceration,
puncture or rupture of eyeball, listless appearance or inability to
defend itself, inability to swim or dive upon release from fishing gear,
or signs of equilibrium imbalance. Any animal that ingests fishing gear,
or any animal that is released with fishing gear entangling, trailing or
perforating any part of the body will be considered injured regardless
of the absence of any wound or other evidence of an injury.
Insignificance threshold means the upper limit of annual incidental
mortality and serious injury of marine mammal stocks by commercial
fisheries that can be considered insignificant levels approaching a zero
mortality and serious injury rate. An insignificance threshold is
estimated as 10 percent of the Potential Biological Removal level for a
stock of marine mammals. If certain parameters (e.g., maximum net
productivity rate or the recovery factor in the calculation of the
stock's potential biological removal level) can be estimated or
otherwise modified from default values, the Assistant Administrator may
use a modification of the number calculated from the simple formula for
the insignificance threshold. The Assistant Administrator may also use a
modification of the simple formula when information is insufficient to
estimate the level of mortality and serious injury that would have an
insignificant effect on the affected population stock and provide a
rationale for using the modification.
Interaction means coming in contact with fishing gear or catch. An
interaction may be characterized by a marine mammal entangled, hooked,
or otherwise trapped in fishing gear, regardless of whether injury or
mortality occurs, or situations where marine mammals are preying on
catch. Catch means fish or shellfish that has been hooked, entangled,
snagged, trapped or otherwise captured by commercial fishing gear.
Large mesh gillnet means a gillnet constructed with a mesh size of 7
inches (17.78 cm) to 18 inches (45.72 cm).
Lead-line means the rope, weighted or otherwise, to which the bottom
edge of a gillnet is attached.
List of Fisheries means the most recent final list of commercial
fisheries published in the Federal Register by the Assistant
Administrator, categorized according to the likelihood of incidental
mortality and serious injury of marine mammals during commercial fishing
operations.
Lobster trap means any trap, pot or other similar type of enclosure
that is placed on the ocean bottom and is designed to or is capable of
catching lobsters. This definition includes but is not limited to
lobster pots, black sea bass pots and scup pots.
Lobster trap trawl means two or more lobster traps attached to a
single groundline.
Mesh size means the distance between inside knot to inside knot.
Mesh size is measured as described in Sec. 648.80(f)(1) of this title.
Mid-Atlantic coastal waters means waters bounded by the line defined
by the following points: The southern shoreline of Long Island, New York
at 72[deg]30[min]W, then due south to 33[deg]51[min]N lat., thence west
to the North Carolina/South Carolina border.
Minimum population estimate means an estimate of the number of
animals in a stock that:
(1) Is based on the best available scientific information on
abundance, incorporating the precision and variability associated with
such information; and
(2) Provides reasonable assurance that the stock size is equal to or
greater than the estimate.
Mudhole means waters off New Jersey bounded as follows: From the
point 40[deg]30[min] N. latitude where it intersects with the shoreline
of New Jersey east to its intersection with 73[deg]20[min] W. longitude,
then south to its intersection with 40[deg]05[min] N. latitude, then
west to its intersection with the shoreline of New Jersey.
Negligible impact has the same meaning as in Sec. 216.103 of this
chapter.
Net productivity rate means the annual per capita rate of increase
in a stock resulting from additions due to reproduction, less losses due
to mortality.
[[Page 556]]
Neutrally buoyant line means line with a specific gravity near that
of sea water, so that the line neither sinks to the ocean floor nor
floats at the surface, but remains close to the bottom.
Night means any time between one half hour before sunset and one
half hour after sunrise.
NMFS means the National Marine Fisheries Service.
Nonvessel fishery means a commercial fishing operation that uses
fixed or other gear without a vessel, such as gear used in set gillnet,
trap, beach seine, weir, ranch, and pen fisheries.
Observer means an individual authorized by NMFS, or a designated
contractor, to record information on marine mammal interactions, fishing
operations, marine mammal life history information, and other scientific
data, and collect biological specimens during commercial fishing
activities.
Operator, with respect to any vessel, means the master, captain, or
other individual in charge of that vessel.
Potential biological removal level means the maximum number of
animals, not including natural mortalities, that may be removed from a
marine mammal stock while allowing that stock to reach or maintain its
optimum sustainable population. The potential biological removal level
is the product of the following factors:
(1) The minimum population estimate of the stock;
(2) One-half the maximum theoretical or estimated net productivity
rate of the stock at a small population size; and
(3) A recovery factor of between 0.1 and 1.0.
Qualified individual means an individual ascertained by NMFS to be
reasonably able, though training or experience, to identify a right
whale. Such individuals include, but are not limited to, NMFS staff,
U.S. Coast Guard and Navy personnel trained in whale identification,
scientific research survey personnel, whale watch operators and
naturalists, and mariners trained in whale species identification
through disentanglement training or some other training program deemed
adequate by NMFS.
Regional Fishery Management Council means a regional fishery
management council established under section 302 of the Magnuson Fishery
Conservation and Management Act.
Reliable report means a credible right whale sighting report based
upon which a DAM zone would be triggered.
Serious injury means any injury that will likely result in
mortality.
Shark gillnetting means to fish a gillnet in waters south of the
South Carolina/Georgia border with webbing of 5 inches or greater
stretched mesh.
Sink gillnet or stab net means any gillnet, anchored or otherwise,
that is designed to be, or is fished on or near the bottom in the lower
third of the water column.
Sinking line means rope that sinks and does not float at any point
in the water column. Polypropylene rope is not sinking line unless it
contains a lead core.
Small mesh gillnet means a gillnet constructed with a mesh size of
greater than 5 inches (12.7 cm) to less than 7 inches (17.78 cm).
Southern Mid-Atlantic waters means all state and Federal waters off
the States of Delaware, Maryland, Virginia, and North Carolina, bounded
on the north by a line extending eastward from the northern shoreline of
Delaware at 38[deg]47[min] N. latitude (the latitude that corresponds
with Cape Henlopen, DE), east to its intersection with 72[deg]30[min] W.
longitude, south to the 33[deg]51[min] N. latitude (the latitude that
corresponds with the North Carolina/South Carolina border), and then
west to its intersection with the shoreline of the North Carolina/South
Carolina border.
Spotter plane means a plane that is deployed for the purpose of
locating schools of target fish for a fishing vessel that intends to set
fishing gear on them.
Stowed means nets that are unavailable for use and that are stored
in accordance with the regulations found in Sec. 648.81(e) of this
title.
Strategic stock means a marine mammal stock:
(1) For which the level of direct human-caused mortality exceeds the
potential biological removal level;
(2) Which, based on the best available scientific information, is
declining and is likely to be listed as a threatened species under the
Endangered Species
[[Page 557]]
Act of 1973 within the foreseeable future;
(3) Which is listed as a threatened species or endangered species
under the Endangered Species Act of 1973; or
(4) Which is designated as depleted under the Marine Mammal
Protection Act of 1972, as amended.
Strikenet or to fish with strikenet gear means a gillnet that is
designed so that, when it is deployed, it encircles or encloses an area
of water either with the net or by utilizing the shoreline to complete
encirclement, or to fish with such a net and method.
Take Reduction Plan means a plan developed to reduce the incidental
mortality and serious injury of marine mammals during commercial fishing
operations in accordance with section 118 of the Marine Mammal
Protection Act of 1972, as amended.
Take Reduction Team means a team established to recommend methods of
reducing the incidental mortality and serious injury of marine mammals
due to commercial fishing operations, in accordance with section 118 of
the Marine Mammal Protection Act of 1972, as amended.
Tended gear or tend means fishing gear that is physically attached
to a vessel in a way that is capable of harvesting fish, or to fish with
gear attached to the vessel.
Tie-down refers to twine used between the floatline and the lead
line as a way to create a pocket or bag of netting to trap fish alive.
To strikenet for sharks means to fish with strikenet gear in waters
south of the South Carolina/Georgia border with webbing of 5 inches or
greater stretched mesh.
U.S. waters means both state and Federal waters to the outer
boundaries of the U.S. exclusive economic zone along the east coast of
the United States from the Canadian/U.S. border southward to a line
extending eastward from the southernmost tip of Florida on the Florida
shore.
Vessel owner or operator means the owner or operator of:
(1) A fishing vessel that engages in a commercial fishing operation;
or
(2) Fixed or other commercial fishing gear that is used in a
nonvessel fishery.
Vessel of the United States has the same meaning as in section 3 of
the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1802).
Waters off New Jersey means all state and Federal waters off New
Jersey, bounded on the north by a line extending eastward from the
southern shoreline of Long Island, NY at 40[deg]40[min] N. latitude, on
the south by a line extending eastward from the northern shoreline of
Delaware at 38[deg]47[min] N. latitude (the latitude that corresponds
with Cape Henlopen, DE), and on the east by the 72[deg]30[min] W.
longitude. This area includes the Mudhole.
Weak link means a breakable component of gear that will part when
subject to a certain tension load.
[60 FR 45100, Aug. 30, 1995, as amended at 62 FR 39183, July 22, 1997;
63 FR 66487, Dec. 2, 1998; 64 FR 7551, Feb. 16, 1999; 64 FR 9086, Feb.
24, 1999; 65 FR 80377, Dec. 21, 2000; 67 FR 1141, Jan. 9, 2002; 67 FR
1313, Jan. 10, 2002; 69 FR 6584, Feb. 11, 2004; 69 FR 43345, July 20,
2004]
Sec. 229.3 Prohibitions.
(a) It is prohibited to take any marine mammal incidental to
commercial fishing operations except as otherwise provided in part 216
of this chapter or in this part 229.
(b) It is prohibited to assault, harm, harass (including sexually
harass), oppose, impede, intimidate, impair, or in any way influence or
interfere with an observer, or attempt the same. This prohibition
includes, but is not limited to, any action that interferes with an
observer's responsibilities, or that creates an intimidating, hostile,
or offensive environment.
(c) It is prohibited to provide false information when registering
for an Authorization Certificate, applying for renewal of the
Authorization Certificate, reporting the injury or mortality of any
marine mammal, or providing information to any observer.
(d) It is prohibited to tamper with or destroy observer equipment in
any way.
(e) It is prohibited to retain any marine mammal incidentally taken
in commercial fishing operations unless
[[Page 558]]
authorized by NMFS personnel, by designated contractors or an official
observer, or by a scientific research permit that is in the possession
of the vessel operator.
(f) It is prohibited to intentionally lethally take any marine
mammal in the course of commercial fishing operations unless imminently
necessary in self-defense or to save the life of a person in immediate
danger, and such taking is reported in accordance with the requirements
of Sec. 229.6.
(g) It is prohibited to violate any regulation in this part or any
provision of section 118 of the Act.
(h) It is prohibited to fish with lobster trap gear in the areas and
for the times specified in Sec. 229.32 (b)(2) and (c)(2) through (c)(8)
unless the lobster trap gear complies with the closures, marking
requirements, modifications, and restrictions specified in Sec. 229.32
(b)(3)(i), (b)(3)(ii), and (c)(1) through (c)(9).
(i) It is prohibited to fish with anchored gillnet gear in the areas
and for the times specified in Sec. 229.32(b)(2) and (d)(2)
through(d)(7) unless that gillnet gear complies with the closures,
marking requirements, modifications, and restrictions specified in Sec.
229.32(b)(3)(i), (b)(3)(ii), and (d)(1) through (d)(8).
(j) It is prohibited to fish with drift gillnet gear in the areas
and for the times specified in Sec. 229.32 (d)(7) and (e)(1) unless the
drift gillnet gear complies with the restrictions specified in Sec.
229.32 (e)(1).
(k) It is prohibited to fish with gillnet gear in the areas and for
the times specified in Sec. 229.32(f)(1) through (f)(4), unless the
gear or the person with gillnet gear complies with the gear marking
requirements specified in Sec. 229.32(f)(2), the requirements for
observer coverage as specified in Sec. 229.32(f)(3), and the closures,
requirements, and other restrictions as specified in Sec. 229.32(f)(4).
(l) It is prohibited to fish with, set, haul back, possess on board
a vessel unless stowed, or fail to remove sink gillnet gear or gillnet
gear capable of catching multispecies, from the areas and for the times
specified in Sec. 229.33 (a)(1) through (a)(6), except with the use of
pingers as provided in Sec. 229.33 (d)(1) through (d)(4). This
prohibition does not apply to the use of a single pelagic gillnet (as
described and used as set forth in Sec. 648.81(f)(2)(ii) of this
title).
(m) It is prohibited to fish with, set, haul back, possess on board
a vessel unless stowed, or fail to remove any gillnet gear from the
areas and for the times as specified in Sec. 229.34 (b)(1) (ii) or
(iii) or (b)(2)(ii).
(n) It is prohibited to fish with, set, haul back, possess on board
a vessel unless stowed, or fail to remove any large mesh or small mesh
gillnet gear from the areas and for the times specified in Sec. 229.34
(c)(1) through (c)(4) unless the gear complies with the specified gear
restrictions set forth in those provisions.
(o) Beginning on January 1, 1999, it is prohibited to fish with,
set, or haul back sink gillnets or gillnet gear, or leave such gear in
closed areas where pingers are required, as specified under Sec. 229.33
(c)(1) through (c)(4), unless a person on board the vessel during
fishing operations possesses a valid pinger certification training
certificate issued by NMFS.
(p) Beginning on January 1, 2000, it is prohibited to fish with,
set, haul back, or possess any large mesh or small mesh gillnet gear in
Mid-Atlantic waters in the areas and during the times specified under
Sec. 229.34(d), unless the gear is properly tagged in compliance with
that provision and unless a net tag certificate is on board the vessel.
It is prohibited to refuse to produce a net tag certificate or net tags
upon the request of an authorized officer.
(q) Net tag requirement. Beginning on January 1, 2000, all gillnets
fished, hauled, possessed, or deployed during the times and areas
specified below must have one tag per net, with one tag secured to every
other bridle of every net and with one tag secured to every other bridle
of every net within a string of nets. This applies to small mesh and
large mesh gillnet gear in New Jersey waters from January 1 through
April 30 or in southern Mid-Atlantic waters from February 1 through
April 30. The owner or operator of fishing vessels must indicate to NMFS
the number of gillnet tags that they are requesting up to the maximum
number of nets allowed in those paragraphs and must include a check for
the cost of
[[Page 559]]
the tags. Vessel owners and operators will be given notice with
instructions informing them of the costs associated with this tagging
requirement and directions for obtaining tags. Tag numbers will be
unique for each vessel and recorded on a certificate. The vessel
operator must produce the certificate and all net tags upon request by
an authorized officer.
[60 FR 45100, Aug. 30, 1995, as amended at 62 FR 39184, July 22, 1997;
63 FR 66487, Dec. 2, 1998; 64 FR 7552, Feb. 16, 1999; 64 FR 9086, Feb.
24, 1999; 65 FR 80377, Dec. 21, 2000; 67 FR 1313, Jan. 10, 2002; 67 FR
59477, Sept. 23, 2002]
Sec. 229.4 Requirements for Category I and II fisheries.
(a) General. (1) For a vessel owner or crew members to lawfully
incidentally take marine mammals in the course of a commercial fishing
operation in a Category I or II fishery, the owner or authorized
representative of a fishing vessel or nonvessel fishing gear must have
in possession a valid Certificate of Authorization. The owner of a
fishing vessel or nonvessel fishing gear is responsible for obtaining a
Certificate of Authorization.
(2) The granting and administration of Authorization Certificates
under this part will be integrated and coordinated with existing fishery
license, registration, or permit systems and related programs wherever
possible. These programs may include, but are not limited to, state or
interjurisdictional fisheries programs. If the administration of
Authorization Certificates is integrated into a program, NMFS will
publish a notice in the Federal Register announcing the integrated
program and summarizing how an owner or authorized representative of a
fishing vessel or non-fishing gear may register under that program or
how registration will be achieved if no action is required on the part
of the affected fisher. NMFS will make additional efforts to contact
participants in the affected fishery via other appropriate means of
notification.
(b) Registration. (1) The owner of a vessel, or for nonvessel gear
fisheries, the owner of gear, who participates in a Category I or II
fishery is required to be registered for a Certificate of Authorization.
(2) Unless a notice is published in the Federal Register announcing
an integrated registration program, the owner of a vessel, or for
nonvessel fishery, the owner of the gear must register for and receive
an Authorization Certificate. To register, owners must submit the
following information using the format specified by NMFS:
(i) Name, address, and phone number of owner.
(ii) Name, address, and phone number of operator, if different from
owner, unless the name of the operator is not known or has not been
established at the time the registration is submitted.
(iii) For a vessel fishery, vessel name, length, home port; U.S.
Coast Guard documentation number or state registration number, and if
applicable; state commercial vessel license number and for a nonvessel
fishery, a description of the gear and state commercial license number,
if applicable.
(iv) A list of all Category I and II fisheries in which the fisher
may actively engage during the calendar year.
(v) A certification signed and dated by the owner of an authorized
representative of the owner as follows: ``I hereby certify that I am the
owner of the vessel, that I have reviewed all information contained on
this document, and that it is true and complete to the best of my
knowledge.''
(vi) A check or money order made payable to NMFS in the amount
specified in the notice of the final List of Fisheries must accompany
each registration submitted to NMFS. The amount of this fee will be
based on recovering the administrative costs incurred in granting an
authorization. The Assistant Administrator may waive the fee requirement
for good cause upon the recommendation of the Regional Director.
(3) If a notice is published in the Federal Register announcing an
integrated registration program, the owner of a vessel, or for nonvessel
fishery, the owner of the gear may register by following the directions
provided in that notice. If a person receives a registration to which he
or she is not entitled or if the registration contains incorrect,
inaccurate or incomplete information, the person shall notify NMFS
within 10 days following receipt. If a
[[Page 560]]
fisher participating in a Category I or II fishery who expects to
receive automatic registration does not receive that registration within
the time specified in the notice announcing the integrated registration
program, the person shall notify NMFS as directed in the notice or may
apply for registration by submitting the information required under
paragraph (b)(1)(i) through (b)(1)(vi) of this section.
(c) Address. Unless the granting and administration of
authorizations under this part 229 is integrated and coordinated with
existing fishery licenses, registrations, or related programs pursuant
to paragraph (a) of this section, requests for registration forms and
completed registration and renewal forms should be sent to the NMFS
Regional Offices as follows:
(1) Alaska Region, NMFS, P.O. Box 21668, 709 West 9th Street,
Juneau, AK 99802; telephone: 907-586-7235;
(2) Northwest Region, NMFS, 7600 Sand Point Way NE., Seattle, WA
98115-0070; telephone: 206-526-4353;
(3) Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long
Beach, CA 90802-4213; telephone: 562-980-4001;
(4) Northeast Region, NMFS, 1 Blackburn Drive, Gloucester, MA 01930;
telephone: 978-281-9254; or
(5) Southeast Region, NMFS, 9721 Executive Center Drive North, St.
Petersburg, FL 33702; telephone: 727-570-5312.
(d) Issuance. (1) For integrated fisheries, an Authorization
Certificate or other proof of registration will be issued annually to
each fisher registered for that fishery.
(2) For all other fisheries (i.e., non-integrated fisheries), NMFS
will issue an Authorization Certificate and, if necessary, a decal to an
owner or authorized representative who:
(i) Submits a completed registration form and the required fee.
(ii) Has complied with the requirements of this section and
Sec. Sec. 229.6 and 229.7
(iii) Has submitted updated registration or renewal registration
which includes a statement (yes/no) whether any marine mammals were
killed or injured during the current or previous calender year.
(3) If a person receives a renewed Authorization Certificate or a
decal to which he or she is not entitled, the person shall notify NMFS
within 10 days following receipt.
(e) Authorization Certificate and decal requirements. (1) If a decal
has been issued under the conditions specified in paragraph (e)(2) of
this section, the decal must be attached to the vessel on the port side
of the cabin or, in the absence of a cabin, on the forward port side of
the hull, and must be free of obstruction and in good condition. The
decal must be attached to the Authorization Certificate for nonvessel
fisheries.
(2) The Authorization Certificate, or a copy, must be on board the
vessel while it is operating in a Category I or II fishery, or, in the
case of nonvessel fisheries, the Authorization Certificate with decal
attached, or copy must be in the possession of the person in charge of
the fishing operation. The Authorization Certificate, or copy, must be
made available upon request to any state or Federal enforcement agent
authorized to enforce the Act, any designated agent of NMFS, or any
contractor providing observer services to NMFS.
(3) Authorization Certificates and decals are not transferable. In
the event of the sale or change in ownership of the vessel, the
Authorization Certificate is void and the new owner must register for an
Authorization Certificate and decal.
(4) An Authorization Certificate holder must notify the issuing
office in writing:
(i) If the vessel or nonvessel fishing gear will engage in any
Category I or II fishery not listed on the initial registration form at
least 30 days prior to engaging in that fishery; and,
(ii) If there are any changes in the mailing address or vessel
ownership within 30 days of such change.
(f) Reporting. Any Authorization Certificate holders must comply
with the reporting requirements specified under Sec. 229.6.
(g) Disposition of marine mammals. Any marine mammal incidentally
taken must be immediately returned to the sea with a minimum of further
injury, unless directed otherwise by NMFS
[[Page 561]]
personnel, a designated contractor or an official observer, or
authorized otherwise by a scientific research permit that is in the
possession of the operator.
(h) Monitoring. Authorization Certificate holders must comply with
the observer or other monitoring requirements specified under Sec.
229.7.
(i) Deterrence. When necessary to deter a marine mammal from
damaging fishing gear, catch, or other private property, or from
endangering personal safety, vessel owners and crew members engaged in a
Category I or II fishery must comply with all deterrence provisions set
forth in the Act and all guidelines and prohibitions published
thereunder.
(j) Self defense. When imminently necessary in self-defense or to
save the life of a person in immediate danger, a marine mammal may be
lethally taken if such taking is reported to NMFS in accordance with the
requirements of Sec. 229.6.
(k) Take reduction plans and emergency regulations. Authorization
Certificate holders must comply with any applicable take reduction plans
and emergency regulations.
(l) Expiration. Authorization Certificates expire at the end of each
calendar year.
[60 FR 45100, Aug. 30, 1995, as amended at 62 FR 46, Jan. 2, 1997; 64 FR
9086, Feb. 24, 1999]
Sec. 229.5 Requirements for Category III fisheries.
(a) General. Vessel owners and crew members of such vessels engaged
only in Category III fisheries may incidentally take marine mammals
without registering for or receiving an Authorization Certificate.
(b) Reporting. Vessel owners engaged in a Category III fishery must
comply with the reporting requirements specified in Sec. 229.6.
(c) Disposition of marine mammals. Any marine mammal incidentally
taken must be immediately returned to the sea with a minimum of further
injury unless directed otherwise by NMFS personnel, a designated
contractor, or an official observer, or authorized otherwise by a
scientific research permit in the possession of the operator.
(d) Monitoring. Vessel owners engaged in a Category III fishery must
comply with the observer requirements specified under Sec. 229.7(d).
(e) Deterrence. When necessary to deter a marine mammal from
damaging fishing gear, catch, or other private property, or from
endangering personal safety, vessel owners and crew members engaged in
commercial fishing operations must comply with all deterrence provisions
set forth in the Act and all guidelines and prohibitions published
thereunder.
(f) Self-defense. When imminently necessary in self-defense or to
save the life of a person in immediate danger, a marine mammal may be
lethally taken if such taking is reported to NMFS in accordance with the
requirements of Sec. 229.6.
(g) Emergency regulations. Vessel owners engaged in a Category III
fishery must comply with any applicable emergency regulations.
[60 FR 45100, Aug. 30, 1995, as amended at 64 FR 9087, Feb. 24, 1999]
Sec. 229.6 Reporting requirements.
(a) Vessel owners or operators engaged in any commercial fishery
must report all incidental mortality and injury of marine mammals in the
course of commercial fishing operations to the Assistant Administrator,
or appropriate Regional Office, by mail or other means, such as fax or
overnight mail specified by the Assistant Administrator. Reports must be
sent within 48 hours after the end of each fishing trip during which the
incidental mortality or injury occurred, or, for nonvessel fisheries,
within 48 hours of an occurrence of an incidental mortality or injury.
Reports must be submitted on a standard postage-paid form as provided by
the Assistant Administrator. The vessel owner or operator must provide
the following information on this form:
(1) The vessel name, and Federal, state, or tribal registration
numbers of the registered vessel;
(2) The name and address of the vessel owner or operator;
(3) The name and description of the fishery, including gear type and
target species; and
(4) The species and number of each marine mammal incidentally killed
or
[[Page 562]]
injured, and the date, time, and approximate geographic location of such
occurrence. A description of the animal(s) killed or injured must be
provided if the species is unknown.
(b) Participants in nonvessel fisheries must provide all of the
information in paragraphs (a)(1) through (a)(4) of this section except,
instead of providing the vessel name and vessel registration number,
participants in nonvessel fisheries must provide the gear permit number.
[60 FR 45100, Aug. 30, 1995, as amended at 64 FR 9087, Feb. 24, 1999]
Sec. 229.7 Monitoring of incidental mortalities and serious injuries.
(a) Purpose. The Assistant Administrator will establish a program to
monitor incidental mortality and serious injury of marine mammals during
the course of commercial fishing operations in order to:
(1) Obtain statistically reliable estimates of incidental mortality
and serious injury;
(2) Determine the reliability of reports of incidental mortality and
injury under Sec. 229.6; and
(3) Identify changes in fishing methods or technology that may
increase or decrease incidental mortality and serious injury.
(b) Observer program. Pursuant to paragraph (a) of this section, the
Assistant Administrator may observe Category I and II vessels as
necessary. Observers may, among other tasks:
(1) Record incidental mortality and injury, and bycatch of other
nontarget species;
(2) Record numbers of marine mammals sighted; and
(3) Perform other scientific investigations, which may include, but
are not limited to, sampling and photographing incidental mortalities
and serious injuries.
(c) Observer requirements for participants in Category I and II
fisheries. (1) If requested by NMFS or by a designated contractor
providing observer services to NMFS, a vessel owner/operator must take
aboard an observer to accompany the vessel on fishing trips.
(2) After being notified by NMFS, or by a designated contractor
providing observer services to NMFS, that the vessel is required to
carry an observer, the vessel owner/operator must comply with the
notification by providing information requested within the specified
time on scheduled or anticipated fishing trips.
(3) NMFS, or a designated contractor providing observer services to
NMFS, may waive the observer requirement based on a finding that the
facilities for housing the observer or for carrying out observer
functions are so inadequate or unsafe that the health or safety of the
observer or the safe operation of the vessel would be jeopardized.
(4) The vessel owner/operator and crew must cooperate with the
observer in the performance of the observer's duties including:
(i) Providing, at no cost to the observer, the United States
government, or the designated observer provider, food, toilet, bathing,
sleeping accommodations, and other amenities that are equivalent to
those provided to the crew, unless other arrangements are approved in
advance by the Regional Administrator;
(ii) Allowing for the embarking and debarking of the observer as
specified by NMFS personnel or designated contractors. The operator of a
vessel must ensure that transfers of observers at sea are accomplished
in a safe manner, via small boat or raft, during daylight hours if
feasible, as weather and sea conditions allow, and with the agreement of
the observer involved;
(iii) Allowing the observer access to all areas of the vessel
necessary to conduct observer duties;
(iv) Allowing the observer access to communications equipment and
navigation equipment, when available on the vessel, as necessary to
perform observer duties;
(v) Providing true vessel locations by latitude and longitude,
accurate to the minute, or by loran coordinates, upon request by the
observer;
(vi) Sampling, retaining, and storing of marine mammal specimens,
other protected species specimens, or target or non-target catch
specimens, upon request by NMFS personnel, designated contractors, or
the observer, if adequate facilities are available and if feasible;
[[Page 563]]
(vii) Notifying the observer in a timely fashion of when all
commercial fishing operations are to begin and end;
(viii) Not impairing or in any way interfering with the research or
observations being carried out; and
(ix) Complying with other guidelines or regulations that NMFS may
develop to ensure the effective deployment and use of observers.
(5) Marine mammals or other specimens identified in paragraph
(c)(4)(vi) of this section, which are readily accessible to crew
members, must be brought on board the vessel and retained for the
purposes of scientific research if feasible and requested by NMFS
personnel, designated contractors, or the observer. Specimens so
collected and retained must, upon request by NMFS personnel, designated
contractors, or the observer, be retained in cold storage on board the
vessel, if feasible, until removed at the request of NMFS personnel,
designated contractors, or the observer, retrieved by authorized
personnel of NMFS, or released by the observer for return to the ocean.
These biological specimens may be transported on board the vessel during
the fishing trip and back to port under this authorization.
(d) Observer requirements for participants in Category III
fisheries. (1) The Assistant Administrator may place observers on
Category III vessels if the Assistant Administrator:
(i) Believes that the incidental mortality and serious injury of
marine mammals from such fishery may be contributing to the immediate
and significant adverse impact on a species or stock listed as a
threatened species or endangered species under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.); and
(ii) Has complied with Sec. 229.9(a)(3)(i) and (ii); or
(iii) Has the consent of the vessel owner.
(2) If an observer is placed on a Category III vessel, the vessel
owner and/or operator must comply with the requirements of Sec.
229.7(c).
(e) Alternative observer program. The Assistant Administrator may
establish an alternative observer program to provide statistically
reliable information on the species and number of marine mammals
incidentally taken in the course of commercial fishing operations. The
alternative observer program may include direct observation of fishing
activities from vessels, airplanes, or points on shore.
[60 FR 45100, Aug. 30, 1995, as amended at 64 FR 9087, Feb. 24, 1999]
Sec. 229.8 Publication of List of Fisheries.
(a) The Assistant Administrator will publish in the Federal Register
a proposed revised List of Fisheries on or about July 1 of each year for
the purpose of receiving public comment. Each year, on or about October
1, the Assistant Administrator will publish a final revised List of
Fisheries, which will become effective January 1 of the next calendar
year.
(b) The proposed and final revised List of Fisheries will:
(1) Categorize each commercial fishery based on the definitions of
Category I, II, and III fisheries set forth in Sec. 229.2; and
(2) List the marine mammals that have been incidentally injured or
killed by commercial fishing operations and the estimated number of
vessels or persons involved in each commercial fishery.
(c) The Assistant Administrator may publish a revised List of
Fisheries at other times, after notification and opportunity for public
comment.
(d) The revised final List of Fisheries will become effective no
sooner than 30 days after publication in the Federal Register.
[60 FR 45100, Aug. 30, 1995, as amended at 64 FR 9087, Feb. 24, 1999]