[Federal Register Volume 60, Number 180 (Monday, September 18, 1995)]
[Proposed Rules]
[Page 48086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23034]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 227

[Docket No. 941084-4284; I.D. 083095C]


Endangered and Threatened Species; Proposed Threatened Status for 
Southern Oregon and Northern California Steelhead

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Supplementary proposed rule; request for comments.

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SUMMARY: NMFS is issuing this supplementary proposed rule to rectify 
the inadvertent omission of proposed protective regulations from the 
proposed rule to protect natural steelhead (Oncoryhnchus mykiss) 
populations occurring between Cape Blanco, OR, and the Klamath River 
Basin in Oregon and California inclusive; hereinafter referred to as 
the Klamath Mountains Province (KMP). The species was proposed for 
listing as threatened under the Endangered Species Act (ESA) of 1973 on 
March 16, 1995. Public comments on the supplementary proposed rule are 
being accepted.

DATES: Comments must be received by October 16, 1995.

ADDRESSES: Comments on the language in this supplementary proposed rule 
only should be sent to Environmental and Technical Services Division, 
NMFS, Northwest Region, 525 NE Oregon Street, Suite 500, Portland, OR 
97232.

FOR FURTHER INFORMATION CONTACT: Garth Griffin,503-231-2005; R. Craig 
Wingert, 310-980-4021; or Marta Nammack, 301-713-1401.

SUPPLEMENTARY INFORMATION: The KMP steelhead ``species (distinct 
population segment)'' was proposed for listing under the ESA on March 
16, 1995 (60 FR 14253). The Federal Register document of that proposal 
should be consulted for all relevant background information.

Public Comments Solicited

    To ensure that the final action resulting from the KMP steelhead 
proposed rule will be as accurate and as effective as possible, NMFS is 
soliciting comments and suggestions from the public, other concerned 
governmental agencies, the scientific community, industry, and any 
other interested parties (see ADDRESSES) regarding this supplementary 
proposed rule. The final decision on the KMP steelhead proposal will 
take into consideration the comments received during the initial 
comment period, comments on this supplementary proposed rule and any 
additional information received by NMFS, and may differ from the 
proposed rule.

Classification

    The 1982 amendments to the ESA, in section 4(b)(1)(A), restrict the 
information that may be considered when assessing species for listing. 
Based on this limitation of criteria for a listing decision and the 
opinion in Pacific Legal Foundation v.
    Andrus, 675 F. 2d 825 (6th Cir., 1981), NMFS has categorically 
excluded all ESA listing actions from environmental assessment 
requirements of National Environmental Policy Act (48 FR 4413, February 
6, 1984).
    This proposed rule is exempt from review under E.O. 12866.

List of Subjects in 50 CFR Part 227

    Endangered and threatened species, Exports, Imports, Marine 
mammals, Transportation.

    Dated: September 11, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 227 is 
proposed to be amended as follows:

PART 227--THREATENED FISH AND WILDLIFE

    1. The authority citation for part 227 continues to read as 
follows:

    Authority: 16 U.S.C. 1531 et seq.

    2. Section 227.21 is revised to read as follows:


Sec. 227.21  Threatened Salmon.

    (a) Prohibitions. The prohibitions of section 9 of the Act (16 
U.S.C. 1538) relating to endangered species apply to threatened species 
of salmon listed in Sec. 227.4(g), except as provided in paragraph (b) 
of this section.
    (b) Exceptions. The exceptions of section 10 of the Act (16 U.S.C. 
1539) and other exceptions under the Act relating to endangered 
species, including regulations implementing such exceptions, also apply 
to the threatened species of salmon listed in Sec. 227.4(g). This 
section supersedes other restrictions on the applicability of parts 217 
and 222 of this chapter, including, but not limited to, the 
restrictions specified in Sec. 217.2 and 222.22(a) of this chapter with 
respect to the species identified in Sec. 227.21(a).
[FR Doc. 95-23034 Filed 9-15-95; 8:45 am]
BILLING CODE 3510-22-F