[Federal Register Volume 62, Number 208 (Tuesday, October 28, 1997)]
[Notices]
[Pages 55784-55785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28441]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 101497E]


Protection of California Salmonids; Public Meeting and 
Availability of Draft Memorandum Of Understanding (MOU) Between the 
National Marine Fisheries Service and the State of California for 
Review and Comment

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

ACTION: Notice of public meeting and request for comments on draft MOU.

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SUMMARY: NMFS, Southwest Region, in cooperation with the California 
Resources Agency, intends to hold a public meeting for the purpose of 
soliciting public input on development of a MOU between NMFS and the 
State of California (State). The purpose of the MOU is to seek an 
agreement with the State on a process that addresses the conservation 
of California's salmonids.

[[Page 55785]]

This agreement will define NMFS' relationship to the Governor's 
Watershed Restoration and Protection Council (WRPC).

DATES: The meeting date is November 12, 1997, 1:00-4:00 p.m. and 6:00-
9:00 p.m. Written comments on the draft MOU must be received by 
November 28, 1997, to be considered during preparation of the final 
MOU.

ADDRESSES: Both meetings will be held at the State of California 
Building, Room 410-B, 50 D Street, Santa Rosa, CA. Requests for a copy 
of the draft MOU should be addressed to Chief, Protected Resources 
Division, NMFS, Southwest Region, 501 West Ocean Boulevard, Suite 4200, 
Long Beach, CA, 90802-4213; or Supervisor, Northern California 
Protected Resources Division, NMFS, 777 Sonoma Avenue, Room 325, Santa 
Rosa, CA, 95404. Copies of the draft MOU may also be obtained by phone 
(see FOR FURTHER INFORMATION CONTACT). Written comments regarding the 
draft MOU should be directed to the same addresses.

FOR FURTHER INFORMATION CONTACT: Jim Lecky at (562) 980-4020, or 
Patrick Rutten at (707) 575-6059.

SUPPLEMENTARY INFORMATION:

Background

    The following information is furnished to provide a synopsis of 
NMFS' salmon and steelhead listing actions and critical habitat 
designation in California. This information frames the complexity and 
need for a Federal-State cooperative approach to salmonid management in 
California.

A. Coho Salmon

    1. Central California coho Evolutionarily Significant Unit (ESU) 
listed as threatened on October 31, 1996 (61 FR 56138).
    2. Southern Oregon/Northern California (SONC) coho listed as 
threatened on May 6, 1997 (62 FR 24588).
    3. Endangered Species Act (ESA) 4(d) interim rule that applied the 
section 9 take prohibitions, with certain exceptions, to the SONC coho 
ESU was published by NMFS on July 18, 1997 (62 FR 38479), and became 
effective on August 18, 1997. The 60-day comment period on the interim 
final rule ended on September 16, 1997. NMFS will review all comments 
and publish a final rule in the Federal Register in the next 90 days.
    4. NMFS is developing a proposed rule to designate critical habitat 
for the Central California and SONC coho salmon ESUs. The proposed rule 
is expected to publish in the Federal Register within the next 30 days.

B. Steelhead

    1. On August 18, 1997 (62 FR 4393), NMFS listed the Southern 
California steelhead ESU as endangered and the Central California and 
South-Central California steelhead ESUs as threatened.
    2. Section 9 take prohibitions were automatically applied to the 
endangered Southern California ESU at the time of listing.
    3. NMFS is developing an ESA 4(d) interim rule that will apply the 
section 9 take prohibitions, with certain exceptions, to the Central 
California and South-Central California ESUs. An interim final rule is 
expected to publish in the Federal Register in the next 60 days.
    4. At the time of the steelhead listing, NMFS announced that it was 
delaying its proposal for designating critical habitat. NMFS expects to 
designate critical habitat for these ESUs within the 1-year period 
allowed for in the ESA.
    5. On August 18, 1997 (62 FR 43974), NMFS delayed its decision to 
list Central Valley, Northern California, and Klamath Mountains 
Province steelhead ESUs for 6 months. Accordingly, NMFS expects to 
publish in the Federal Register a final listing decision for these ESUs 
by February 18, 1998. If any of these steelhead ESUs are listed as 
threatened, NMFS will promulgate appropriate ESA 4(d) interim rules to 
apply the section 9 take prohibitions.

C. Chinook Salmon

    1. NMFS is continuing work on its status review for West Coast 
chinook salmon.
    2. In early 1997, NMFS provided copies of a draft status review for 
West Coast chinook to peer reviewers and its co-managers in California 
(i.e., California Department of Fish and Game, Indian tribes, and U.S. 
Fish and Wildlife Service) for review and comment. NMFS is reviewing 
these comments and gathering updated information for the status review.
    3. NMFS expects to publish in the Federal Register a listing 
proposed rule for West Coast chinook salmon in early 1998.

Watershed Restoration and Protection Council

    The State, by Executive Order W-159-97, has established the WRPC to 
be responsible and provide oversight of State activities aimed at 
watershed protection and enhancement, including conservation and 
restoration of anadromous salmonids in California. The WRPC will be 
composed of State Secretaries and Chairs of Commissions, or Boards. The 
WRPC also establishes a Working Group whose members are Directors of 
State Agencies and Executive Officer's of Regional Water Quality 
Control Boards. An Executive Director of the WRPC will also be 
appointed and will be responsible for the coordination of the WRPC and 
Working Group.
    NMFS in cooperation with the California Resources Agency is 
exploring entering into a MOU that will develop a process and 
mechanism, through the WRPC, that results in a State plan for the 
protection of the State's salmonid population. Completion and 
implementation of this State plan through the WRPC, in consultation 
with NMFS, will be the basis by which NMFS initiates a rulemaking 
action (pursuant to its authority under section 4(d) of the ESA) to 
adopt the State of California's plan or plans as equivalent to habitat 
conservation plans provided that NMFS determines that the plans are 
consistent with the requirements of the Federal ESA for issuing 
incidental take permits to non-Federal parties (section 10 of the ESA).

Public Comments Solicited

    The meeting will focus on the latest draft MOU provided to NMFS by 
the State of California. Participants are reminded that this is only a 
draft and that NMFS intends that the final MOU will take advantage of 
the information and recommendations from all interested parties. 
Therefore, comments and suggestions are hereby solicited from the 
public, other concerned governmental agencies, the scientific 
community, industry, and any other person concerned with these draft 
guidelines.

    Dated: October 22, 1997.
Hilda Diaz-Soltero,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 97-28441 Filed 10-27-97; 8:45 am]
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