[Federal Register Volume 69, Number 73 (Thursday, April 15, 2004)]
[Notices]
[Page 19975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8115]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 032604B]


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 comment.

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SUMMARY: The Puget Sound Treaty Tribes and the Washington Department of 
Fish and Wildlife submitted to NMFS, pursuant to the protective 
regulations promulgated for Puget Sound chinook salmon under the 
Endangered Species Act (ESA), a jointly developed Resource Management 
Plan (RMP). The RMP specifies the future management of commercial, 
recreational and tribal salmon fisheries potentially affecting listed 
Puget Sound chinook salmon from May 1, 2004, through April 30, 2010. 
This document serves to notify the public of the availability for 
comment of the proposed evaluation of the Secretary of Commerce 
(Secretary) as to how the RMP addresses the criteria in the ESA.

DATES: Written comments on the Secretary's proposed evaluation must be 
received at the appropriate address or fax number (see ADDRESSES) no 
later than 5 p.m. Pacific Daylight Time on May 17, 2004.

ADDRESSES: Comments and requests for copies of the proposed evaluation 
should be addressed to Keith Schultz, Sustainable Fisheries Division, 
National Marine Fisheries Service, 7600 Sand Point Way NE, Seattle, 
Washington 98115-0070, or faxed to (206) 526-6736. Comments on this 
proposed evaluation may be submitted by e-mail. The mailbox address for 
providing e-mail comments is [email protected]. Include in the 
subject line the following document identifier: ``PSHARVEST proposed 
evaluation''. The document is also available on the internet at 
www.nwr.noaa.gov/1sustfsh/limit6/lmt6sbmt.htm.

FOR FURTHER INFORMATION CONTACT: Susan Bishop, Puget Sound Team Leader, 
at phone number: (206) 526-4587, or e-mail: [email protected].

SUPPLEMENTARY INFORMATION: This notice is relevant to the Puget Sound 
chinook salmon (Oncorhynchus tshawytscha) Evolutionarily Significant 
Unit (ESU).

Background

    The Puget Sound Treaty Tribes and the Washington Department of Fish 
and Wildlife have provided to NMFS a jointly developed Resource 
Management Plan for Puget Sound chinook salmon. The RMP encompasses 
fisheries within the area defined by the Puget Sound Chinook Salmon 
ESU, as well as the western Strait of Juan de Fuca, which is not within 
the ESU. Harvest objectives specified in the RMP account for fisheries-
related mortality throughout the migratory range of Puget Sound chinook 
salmon from Oregon and Washington to Southeast Alaska. The RMP also 
includes implementation, monitoring and evaluation procedures designed 
to ensure fisheries are consistent with these objectives.
    As required by Sec. 223.203(b)(6) of the ESA 4(d) rule (50 CFR 
223.203), the Secretary must determine pursuant to 50 CFR 223.209, and 
pursuant to the government-to-government processes therein, whether the 
RMP for Puget Sound chinook salmon would appreciably reduce the 
likelihood of survival and recovery of the Puget Sound chinook salmon 
and other affected threatened ESUs. The Secretary must consider how the 
RMP addresses the criteria in Sec. 223.203(b)(4) in making that 
determination.

Authority

    Under section 4(d) of the ESA, 16 U.S.C. 1533(d), the Secretary is 
required to adopt such regulations as he deems necessary and advisable 
for the conservation of the 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 or are governed by a program that adequately limits impacts 
on 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 actions undertaken in compliance with a resource 
management plan developed jointly within the continuing jurisdiction of 
United States v. Washington by the Puget Sound Treaty Tribes and the 
State of Washington (joint plan) and determined by the Secretary to be 
in accordance with the provisions of 50 CFR sec. 223.203(b)(6).

    Dated: March 30, 2004.
Susan Pultz,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 04-8115 Filed 4-14-04; 8:45 am]
BILLING CODE 3510-22-S