[Federal Register Volume 69, Number 168 (Tuesday, August 31, 2004)]
[Notices]
[Pages 53039-53040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19870]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. No. 050304B]


Endangered and Threatened Species: Extension of Public Comment 
Period and Notice of Public Hearings on Proposed Hatchery Listing 
Policy and Proposed Listing Determinations for West Coast Salmonids

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

ACTION: Extension of public comment period; notice of public hearings.

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SUMMARY: In June 2004, NMFS proposed a new policy for the consideration 
of hatchery salmon (chum, Oncorhynchus keta; coho, O. kisutch, sockeye, 
O. nerka; chinook, O. tshawytscha) and O. mykiss (inclusive of 
anadromous steelhead and resident rainbow trout) in Endangered Species 
Act (ESA) listing determinations. As part of this proposal, NMFS 
announced a public comment period. In this notice, NMFS is extending 
the public comment period for this proposal to October 20, 
Additionally, NMFS is announcing that hearings will be held at eight 
locations in the Pacific Northwest from mid-September to mid-October to 
provide additional opportunities and formats to receive public input. 
Dates and locations of public hearings to be held in California will be 
announced in a subsequent Federal Register notice.

DATES: Written comments must be received by October 20, 2004. See 
SUPPLEMENTARY INFORMATION for the specific public meeting dates.

ADDRESSES:You may submit comments on the proposed hatchery listing 
policy (69 FR 31354; June 3, 2004) by any of the following methods: 
    E-mail: The mailbox address for submitting e-mail comments on the 
hatchery listing policy is [email protected]. Please include in the 
subject line of the e-mail comment the document identifier ``Hatchery 
Listing Policy.''
    Mail: Submit written comments and information to Chief, NMFS, 
Protected Resources Division, 525 NE Oregon Street, Suite 500, 
Portland, Oregon, 97232-2737. Please identify the comment as regarding 
the ``Hatchery Listing Policy.'' You may hand-deliver written comments 
to our office at the street address given above, suite 210. Business 
hours are 8 a.m. to 5 p.m., Monday through Friday, except Federal 
holidays (i.e., September 6, 2004, and October 11, 2004, during the 
extended comment period).
    Hand Delivery/Courier: NMFS, Protected Resources Division, 525 NE 
Oregon Street, Suite 210, Portland, Oregon, 97232-2737. Business hours 
are noted above.
    Fax: 503-230-5435. Please identify the fax comment as regarding the 
''Hatchery Listing Policy.``
    See SUPPLEMENTARY INFORMATION for hearing locations. You may obtain 
information updates on the public hearings on the Internet at the 
following web address: http://www.nwr.noaa.gov/AlseaResponse/meetings.html/.

FOR FURTHER INFORMATION CONTACT: Garth Griffin, NMFS, Northwest Region, 
(503) 231-2005. Copies of the Federal Register notices cited herein and 
additional salmon-related materials are available on the Internet at 
http://www.nwr.noaa.gov.

SUPPLEMENTARY INFORMATION:

Background

    On June 3, 2004, NMFS published a proposed policy addressing the 
role of hatchery produced Pacific salmon and O. mykiss in ESA listing 
determinations (69 FR 31354; ``proposed hatchery listing policy''). The 
proposed hatchery listing policy would supersede NMFS' 1993 Interim 
Policy on salmonid artificial (hatchery) propagation (58 FR 17573; 
April 5, 1993), which requires revision following the 2001 U.S. 
District Court ruling in Alsea Valley Alliance v. Evans (161 F. Supp. 
2d 1154, D. Oreg. 2001; appeal dismissed, 358 F.3d 1181 (9\th\ Cir. 
2004); Alsea ruling). The Alsea ruling held that NMFS had made an 
improper distinction under the Endangered Species Act (ESA) by not 
listing certain artificially propagated salmon populations determined 
to be part of the same Evolutionarily Significant Unit (ESU) as listed 
natural populations. Under the proposed hatchery listing policy: 
hatchery fish with a level of genetic divergence relative to local 
natural populations that is no more than would be expected between 
closely related populations within the ESU would be included as part of 
the ESU; within-ESU hatchery fish would be considered in determining 
whether the ESU should be listed under the ESA; and within-ESU hatchery 
fish would be included in any listing of the ESU. NMFS applied this 
proposed policy in conducting its comprehensive review of ESA listing 
status for 26 previously listed ESUs, and one candidate ESU, of West 
Coast salmon and O. mykiss.

Extension of Public Comment Period

    Several requests have been received to extend the comment period 
for the proposed hatchery listing policy. The comment period for the 
proposed policy was to end on September 1, 2004. NMFS is extending the 
comment period until October 20, 2004, to allow for adequate 
opportunity for public comment (see DATES and ADDRESSES).

Public Hearings

    Joint Commerce-Interior ESA implementing regulations state that the 
Secretary shall promptly hold at least one public hearing if any person 
requests one within 45 days of publication of a proposed regulation to 
list a species or to designate critical habitat (see 50 CFR 
424.16(c)(3)). In past ESA rule-making NMFS has conducted traditional 
public hearings, consisting of recorded oral testimony from interested 
individuals. This format, although providing an alternative means of 
public input, is time consuming for the

[[Page 53040]]

attendees and does not provide opportunities for dialogue and 
information exchange. NMFS believes that the traditional public hearing 
format can be improved upon by also including opportunities for 
individuals to discuss specific elements of the proposals with agency 
staff in small groups. The ``open-house'' format of the public 
meetings, described below, will enhance the ability of the public to 
engage effectively in the rulemaking process, while respecting their 
valuable time and resources.

Meeting Format

    NMFS believes that the proposed hatchery listing policy and the 
subsequent proposed listing determinations for 27 West Coast ESUs of 
salmon and O. mykiss (see 69 FR 33101; June 14, 2004) are important to 
salmon recovery. Public engagement on these intimately related 
proposals will be combined into the same public meetings to make 
efficient use of the agency's and the public's time and resources.
    Afternoon Practitioners' Sessions - Afternoon sessions (1:30 p.m. 
to 4:30 p.m.) will be provided for local practitioners and stakeholders 
involved with managing the ESA on a regular basis, including: tribal 
governments; forestry and agricultural interests; home builders and 
developers; the sport and commercial fishing community; the 
environmental community; the business community; utility and special 
districts; local government elected officials and their staff; other 
locally-based Federal and state agencies; and public interest groups. 
The structure of these afternoon meetings will be tailored to allow 
practitioners and NMFS staff to discuss the specific issues that are of 
local concern. Attendance at the afternoon sessions will be on a pre-
registration basis. Information on attending the practitioners' 
afternoon sessions is available from NMFS upon request (see FOR FURTHER 
INFORMATION CONTACT, above) as well as on the Internet at http://www.nwr.noaa.gov/AlseaResponse/meetings.html/.
    Evening Open House and Public Testimony - Evening ``open house'' 
sessions designed for broader public participation will be conducted on 
the same day as the afternoon practitioners' sessions. The ``open 
house'' format will provide the general public with an opportunity to 
meet with NMFS staff in small groups on specific topics in order to 
learn more about the proposals and their possible impacts on their 
communities. These evening meetings will also provide opportunities for 
the public to make formal recorded comments on the proposals. The 
preferred means of providing public comment for the official record is 
via written testimony prepared in advance of the meeting. In addition, 
blank ``comment sheets'' will be provided at the evening meetings for 
those without prepared written comments, and facilities will also be 
provided for recording oral testimony. The evening sessions will be 
open from 6:30 p.m to 9:30 p.m. Because these sessions will be designed 
as open houses where the public can move from ``station'' to 
``station'' and discuss their particular interests with NMFS staff, 
members of the local community can come and go from the meeting as they 
please. For those who are interested, there will also be a short 
presentation on the proposed hatchery listing policy and the proposed 
listing determinations from NMFS beginning at 6:30 p.m. NMFS hopes that 
this format will allow busy community members to participate without 
necessarily attending the entire evening. Members of the public wishing 
to attend the evening open house meetings will receive the notification 
through advertising, NMFS Northwest Region's web page(http://www.nwr.noaa.gov/AlseaResponse/meetings.html/), and public notices 
published in their community. There is no need to register; just drop 
in anytime during the course of the evening event.

Meeting Dates & Locations

    Public meetings, including both afternoon practitioners' (1:30 p.m. 
to 4:30 p.m.) and evening open house sessions (6:30 p.m. to 9:30 p.m.), 
will be held at eight locations in the Pacific Northwest from mid-
September to mid-October. The specific dates and locations of these 
meetings are listed below:
    (1) September 14, 2004, at the Chelan County Public Utility 
District (PUD) Auditorium, 327 N. Wenatchee Ave., Wenatchee, WA 98801.
    (2) September 16, 2004, at the Red Lion Hotel Columbia Center, N. 
1101 Columbia Center Blvd, Kennewick, WA 99336.
    (3) September 22, 2004, at the Shilo Inn Hotel,536 SW Elizabeth, 
Newport, OR 97635.
    (4) September 28, 2004, at the Stagecoach Inn, 201 Highway 93 
North, Salmon, ID 83467.
    (5) September 30, 2004, at the Red Lion Hotel, 621 21st St., 
Lewiston, ID 83501.
    (6) October 5, 2004, at the Radisson Hotel (SeaTac Airport), 17001 
Pacific Highway South, Seattle WA 98118.
    (7) October 7, 2004, at Umpqua Community College, 1140 College Rd., 
Roseburg, OR 97470.
    (8) October 13, 2004, at the Portland Building, 1120 SW 5th Ave, 
Portland, OR 97204.
    Directions to the meeting locations can be obtained on the Internet 
at http://www.nwr.noaa.gov/AlseaResponse/meetings.html/. Dates and 
locations of public hearings to be held in California will be announced 
in a subsequent Federal Register notice.
    In scheduling these public meetings, NMFS has anticipated that many 
affected stakeholders and members of the public may prefer to discuss 
the proposed hatchery listing policy directly with staff during the 
public comment period. These public meetings are not the only 
opportunity for the public to provide input on this proposal. The 
public and stakeholders are encouraged to continue to comment and 
provide input to NMFS on the proposals (via correspondence, e-mail, and 
the Internet; see ADDRESSES, above) up until the scheduled close of the 
comment period on October 20, 2004.

References

    Copies of the Federal Register notices and related materials cited 
in this document are available on the Internet at http://nwr.noaa.gov, 
or upon request (see ADDRESSES section above).

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

    Dated: August 25, 2004.
Donna Wieting,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 04-19870 Filed 8-30-04; 8:45 am]
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