[Federal Register Volume 67, Number 49 (Wednesday, March 13, 2002)]
[Notices]
[Pages 11285-11286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6069]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 011701C]


Endangered and Threatened Species; Take of Anadromous Fish

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

ACTION: Reopening of comment period; Notice of Availability and request 
for comments.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that NMFS is reopening the comment 
period for the Routine Road Maintenance Program (RMP) submitted jointly 
by 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, SeaTac, Sammamish, 
Shoreline, Tacoma, and University Place pursuant to protective 
regulations promulgated under the Endangered Species Act (ESA). NMFS is 
also modifying the list of Evolutionarily Significant Units (ESUs) in 
the SUPPLEMENTARY INFORMATION section. The RMP would affect 10 
Evolutionarily Significant Units (ESUs) of threatened salmonids 
identified in the SUPPLEMENTARY INFORMATION section, not 12 as stated 
in the previous notice. The comment period is being reopened because 
there were delays in notifying the public about the availability of the 
RMP. 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 April 12, 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. 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 10 
threatened salmonid ESUs: Puget Sound, Lower Columbia River, Upper 
Willamette River chinook salmon (Oncorhynchus tshawytscha); Hood Canal 
summer-run and Columbia River chum salmon (O. Keta); Ozette Lake 
sockeye salmon (O. Nerka); Snake River Basin, Lower Columbia River, 
Upper Willamette River, and Middle Columbia River steelhead (O.mykiss).

Background

    WSDOT and the counties and cities named here, submitted the RMP for 
routine road maintenance activities that might affect certain salmonid 
ESUs listed as threatened in Washington State. The RMP was designed to 
be intentionally protective of salmonids and their habitat in the 
conduct of routine road maintenance activities.
    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 neither 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

[[Page 11286]]

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: March 8, 2002.
Phil Williams,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 02-6069 Filed 3-12-02; 8:45am]
BILLING CODE 3510-22-S