[Federal Register Volume 67, Number 17 (Friday, January 25, 2002)]
[Notices]
[Pages 3688-3689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1873]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 011702C]


Endangered and Threatened Species; Take of Anadromous Fish

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

ACTION: Notice of availability and request for comments.

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SUMMARY: Notice is hereby given that the State of Washington through 
Washington State Department of Transportation (WSDOT), King, Pierce, 
Snohomish, Clallam, Kitsap, Mason, and Thurston Counties, and the 
Cities of Bellevue, Bremerton, Burien, Covington, Edgewood, Everett, 
Kenmore, Kent, Lake Forest Park, Lakewood, Maple Valley, Newcastle, 
Renton, Sammamish, Shoreline, Tacoma, and University Place have jointly 
submitted a Routine Road Maintenance Program (RMP) pursuant to 
protective regulations promulgated under the ESA. The RMP would affect 
12 Evolutionarily Significant Units (ESUs) of threatened salmonids 
identified in the

[[Page 3689]]

SUPPLEMENTARY INFORMATION. This document serves to notify the public of 
the availability of the RMP for review and comment before a final 
approval or disapproval is made by NMFS.

DATES: Written comments on the draft RMP must be received at the 
appropriate address or fax number (see ADDRESSES) no later than 5 p.m. 
Pacific Standard Time on February 25, 2002.

ADDRESSES: Written comments should be sent to Laura Hamilton, Habitat 
Conservation Division, National Marine Fisheries Service, 510 Desmond 
Drive, Suite 103, Lacey, Washington 98503. Comments may also be faxed 
to 360-753-9517. Copies of the entire RMP are available on the Internet 
at http://www.metrokc.gov/roadcon/bmp/pdfguide.htm, or from the address 
posted on that site. Comments will not be accepted if submitted via 
email or the Internet.

FOR FURTHER INFORMATION CONTACT: Laura Hamilton at phone number 360-
753-5820, or e-mail: [email protected].

SUPPLEMENTARY INFORMATION: This notice is relevant to the following 12 
threatened salmonid ESUs: Puget Sound, Lower Columbia River, Upper 
Willamette River, Snake River spring/summer, Snake River fall chinook 
salmon (Oncorhynchus tshawytscha); Hood Canal summer-run and Columbia 
River chum salmon (O. Keta); Ozette Lake sockeye salmon (O. Nerka), 
and; Snake River Basin, Lower Columbia River, Upper Willamette River, 
and Middle Columbia River steelhead (O. mykiss).

Background

    WSDOT and the counties and cities named above, submitted the RMP 
for routine road maintenance activities that might affect certain 
salmonid ESUs listed as threatened in Washington State. The RMP was 
designed so that routine road maintenance activities would be 
protective of salmonids and their habitat.
    In Part 1, the RMP describes the program framework including the 10 
program elements that comprise the program (Regional Forum, Program 
Review, Best Management Practices (BMPs) and Conservation Outcomes 
(element 3), Training, Compliance Monitoring, Research, Adaptive 
Management, Emergency Response, Biological Data Collection, and 
Reporting). In Part 2, the RMP elaborates on element 3, the BMPs, in 
much greater detail and provides detailed instructions to crews, 
supervisors, environmental support staff, design personnel and 
managers. Part 3 describes a process by which additional counties, 
cities, and ports in Washington State may develop routine road 
maintenance programs by adopting RMP parts 1 and 2, and then submit 
their RMP to NMFS for review, public comment, and approval or 
disapproval.
    The RMP defines what activities are routine road maintenance. These 
consist of maintenance activities that are conducted on currently 
serviceable structures, facilities, and equipment, involve no expansion 
of or change in use, and do not result in significant negative 
hydrological impact.
    Finally, the RMP includes a biological review of the RMP prepared 
by WSDOT and the other entities named above. The biological review 
analyzes the effects of the RMP on listed salmonids and their habitat 
statewide. The biological review concludes that the identified routine 
road maintenance activities conducted throughout Washington State under 
the RMP will not impair properly functioning habitat, nor appreciably 
reduce the functioning of already impaired habitat, nor retard the 
long-term progress of impaired habitat toward PFC. Approval or 
disapproval of the RMP will depend on NMFS' findings after public 
review and comment.
    As specified in the July 10, 2000, ESA 4(d) rule for salmon and 
steelhead (65 FR 42422), NMFS may approve a routine road maintenance 
program of any state, city, county, or port, provided that NMFS finds 
the activities to be consistent with the conservation of listed 
salmonids' habitat by contributing to the attainment and maintenance of 
properly functioning condition. Prior to final approval of a routine 
road maintenance program, NMFS must publish notification in the Federal 
Register announcing the program's availability for public review and 
comment.

Authority

    Under section 4 of the ESA, the Secretary of Commerce is required 
to adopt such regulations as he deems necessary and advisable for the 
conservation of species listed as threatened. The ESA salmon and 
steelhead 4(d) rule (65 FR 42422, July 10, 2000) specifies categories 
of activities that contribute to the conservation of listed salmonids 
and sets out the criteria for such activities. The rule further 
provides that the prohibitions of paragraph (a) of the rule do not 
apply to activities associated with routine road maintenance provided 
that a state or local program has been approved by NMFS to be in 
accordance with the salmon and steelhead 4(d) rule (65 FR 42422, July 
10, 2000).

    Dated: January 18, 2002.
Phil Williams,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 02-1873 Filed 1-24-02; 8:45 am]
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