[Federal Register Volume 59, Number 211 (Wednesday, November 2, 1994)]
[Rules and Regulations]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27124]


[[Page Unknown]]

[Federal Register: November 2, 1994]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018 AC97

 

Endangered and Threatened Wildlife and Plants; Emergency 
Reclassification of the Snake River Spring/Summer Chinook Salmon and 
the Snake River Fall Chinook Salmon From Threatened to Endangered 
Status

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Emergency rule.

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SUMMARY: The Fish and Wildlife Service is reclassifying the Snake River 
spring/summer chinook salmon (Oncorhynchus tshawytscha) and the Snake 
River fall chinook salmon from threatened to endangered status under 
the emergency provisions of the Endangered Species Act of 1973 (Act). 
This reflects a determination by the National Marine Fisheries Service, 
which has jurisdiction for these species, that the species warrant 
emergency reclassification based on a projected decline in adult Snake 
River chinook salmon abundance. This determination by NMFS was 
published in the August 18, 1994, Federal Register.

EFFECTIVE DATE: This emergency rule is effective from August 18, 1994, 
to May 26, 1995.

FOR FURTHER INFORMATION CONTACT: Ms. Jamie Rappaport Clark, Chief, 
Division of Endangered Species, U.S. Fish and Wildlife Service, 4401 N. 
Fairfax Drive, Mail Stop 452, Arlington, Virginia 22203 (703/358-2171).

SUPPLEMENTARY INFORMATION: Under the Endangered Species Act (16 U.S.C. 
1531 et seq.), and in accordance with Reorganization Plan No. 4 of 
1970, the National Marine Fisheries Services (NMFS), National Oceanic 
and Atmospheric Administration, Department of Commerce, is responsible 
for the Snake River spring/summer and fall chinook salmon. Under 
section 4(a)(2) of the Act, NMFS must decide whether a species under 
its jurisdiction should be classified as endangered or threatened. The 
Fish and Wildlife Service (Service) is responsible for the actual 
addition, deletion and amendment of the List of Endangered and 
Threatened Wildlife in 50 CFR 17.11(h) (List).
    NMFS published its determination of threatened status for the Snake 
River spring/summer chinook salmon and the Snake River fall chinook 
salmon on April 22, 1992 (57 FR 14653). Accordingly, the Service added 
the species to the List on September 23, 1993 (58 FR 49880). On August 
18, 1994, NMFS published an emergency interim rule in the Federal 
Register (59 FR 42529) reclassifying the Snake River spring/summer 
chinook salmon and the Snake River fall chinook salmon from threatened 
to endangered status based on new data that indicates that critically 
low salmon returns are expected for 1994. Accordingly, the Service is 
amending the List, pursuant to the emergency provisions of section 
4(b)(7) of the Act, to reflect the revised status.
    During the 240 days this emergency rule is in effect, NMFS will 
initiate and complete a rulemaking (with a public comment period) to 
extend the reclassification of Snake River spring/summer and fall 
chinook salmon to endangered status under the Act until such time as 
reclassification or delisting is warranted. This action of the Service 
to amend the List in accordance with the determination by NMFS is 
nondiscretionary. Therefore, in view of the public comment period that 
will be provided by NMFS on the proposed reclassification, the Service 
finds that good cause exists to omit the notice and public comment 
procedures of 5 U.S.C. 553(b) and to make this action effective on 
August 18, 1994, the date of publication of NMFS' emergency interim 
rule, waiving the 30-day effective date provision of 5 U.S.C. 553(d).

National Environmental Policy Act

    The Service has determined that an Environmental Assessment, as 
defined under the authority of the National Environmental Policy Act of 
1969, need not be prepared in connection with regulations adopted 
pursuant to section 4(a) of the Endangered Species Act of 1973, as 
amended. A notice outlining the Service's reasons for this 
determination was published in the Federal Register on October 25, 1983 
(48 FR 49244).
List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Export, Import, Reporting and 
recordkeeping requirements, and Transportation.

Regulation Promulgation

PART 17--[AMENDED]

    Accordingly, part 17, subchapter B of chapter I, title 50 of the 
Code of Federal Regulations, is amended as set forth below:
    1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.


Sec. 17.11  [Amended]

    2. Section 17.11(h) is amended by suspending the two entries in the 
table for the Snake R. Vertebrate populations of ``Salmon, chinook'' 
under FISHES, effective August 18, 1994, to May 26, 1995.
    3. Section 17.11(h) is amended by adding the following entries to 
the table immediately after the two suspended Snake R. Vertebrate 
populations of ``Salmon, chinook'' under FISHES, to be effective from 
August 18, 1994, to May 26, 1995, and to read as follows:

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                       Species                                                    Vertebrate population                                                 
-----------------------------------------------------      Historic range          where endangered or       Status    When listed   Critical   Special 
       Common name              Scientific name                                        threatened                                    habitat     rules  
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                   *                  *                  *                  *                  *                  *                  *                  
          FISHES                                                                                                                                        
                                                                                                                                                        
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Salmon, chinook..........  Oncorhynchus tshawytscha.  North Pacific Basin from  Snake R. (U.S.A.--ID,               E      516,557         NA         NA
                                                       U.S.A. (CA) to Japan.     OR, WA) (mainstem and                                                  
                                                                                 the following subbasins-                                               
                                                                                 Tucannon R., Grande                                                    
                                                                                 Ronde R., Imnaha R.,                                                   
                                                                                 and Salmon R.) spring/                                                 
                                                                                 summer run, natural                                                    
                                                                                 population(s), wherever                                                
                                                                                 found.                                                                 
Salmon, chinook..........  Oncorhynchus tshawytscha.  North Pacific Basin from  Snake R. (U.S.A.--ID,               E      516,557         NA         NA
                                                       U.S.A. (CA) to Japan.     OR, WA) (mainstem and                                                  
                                                                                 the following subbasins-                                               
                                                                                 Tucannon R., Grande                                                    
                                                                                 Ronde R., Imnaha R.,                                                   
                                                                                 Salmon R., and                                                         
                                                                                 Clearwater R.) fall                                                    
                                                                                 run, natural                                                           
                                                                                 population(s), wherever                                                
                                                                                 found.                                                                 
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
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    Dated: September 23, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-27124 Filed 11-1-94; 8:45 am]
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