[Federal Register Volume 69, Number 219 (Monday, November 15, 2004)]
[Notices]
[Pages 65582-65583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25313]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 052104F]


Endangered and Threatened Species: Take of Threatened West Coast 
Salmonids

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

ACTION: Notice of Availability of Draft Environmental Assessment (EA) 
and Request for Comments.

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SUMMARY: Notice is hereby given of the availability of a draft EA for 
NMFS' June 2004 proposed amendments to the Endangered Species Act (ESA) 
protective regulations for West Coast threatened salmon and steelhead 
(Oncorhynchus spp.) The ESA protective regulations provide for 
``limits'' on ESA prohibitions for specified categories of activities 
determined to contribute to conserving listed salmonids. The draft EA 
analyzes the impacts of: (1) revising and simplifying existing 
protective regulations so that all threatened West Coast salmon and 
steelhead are subject to the same limits, and (2) revising the current 
protective regulations so that the section 9 take prohibitions do not 
apply to adipose-fin-clipped hatchery fish and resident O. mykiss 
(rainbow trout). NMFS is furnishing this notification to allow other 
agencies and the public an opportunity to review and comment on the 
draft EA. All comments received will become part of the public record 
and will be available for review.

DATES: All comments on the draft EA must be received no later than 5 
p.m. Pacific Standard Time on December 15, 2004.

ADDRESSES: Copies of the draft EA are available on the Internet at 
http://www.nwr.noaa.gov/1salmon/salmesa/draft4dEA.html, or upon request 
(see FOR FURTHER INFORMATION CONTACT).
    You may submit comments on the draft EA by any of the following 
methods:
    E-mail: The mailbox address for submitting e-mail comments on the 
draft EA is [email protected]. Please include in the 
subject line of the e-mail comment the document identifier ``Draft 4(d) 
EA''
    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 ``Draft 4(d) EA.'' You may hand-deliver written comments to our 
office at the street address below. Business hours are 8 a.m. to 5 
p.m., Monday through Friday, except Federal holidays.
    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 
``Draft 4(d) EA.''

FOR FURTHER INFORMATION CONTACT: NMFS, Northwest Region, Protected 
Resources Division by phone at (503) 872-2791. 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:

Species Covered in This Notice

    The following species and Evolutionarily Significant Units (ESUs) 
are covered in this notice:
    Chinook salmon (O. tshawytscha): the Sacramento River winter-run, 
Central Valley spring-run, California Coastal, Upper Willamette River, 
Lower Columbia River, Puget Sound, Snake River fall-run, and Snake 
River spring/summer-run chinook ESUs;
    Coho salmon (O. kisutch): Southern Oregon/Northern California 
Coast, Oregon coast, and Lower Columbia River coho ESUs;
    Sockeye salmon (O. nerka): the Ozette Lake sockeye ESU;
    Chum salmon (O. keta): the Columbia River and Hood Canal summer-run 
chum ESUs;
    Steelhead and rainbow trout (O. mykiss): South-Central California 
Coast, Central California Coast, California Central Valley, Northern 
California, Upper Willamette River, Lower Columbia River, Middle 
Columbia River, Snake River Basin, and Upper Columbia River O. mykiss 
ESUs.

Background

    On June 14, 2004, NMFS published proposed ESA listing 
determinations for 27 ESUs of salmon and O. mykiss (69 FR 33101). NMFS 
proposed threatened status for 23 ESUs in California, Oregon, 
Washington, and Idaho, and as part of that rulemaking also proposed 
amendments to the existing 4(d) protective regulations for threatened 
salmon and steelhead ESUs. The National Environmental Policy Act (NEPA) 
requires that Federal agencies conduct an environmental analysis of 
their actions to determine if the actions may affect the human 
environment. Accordingly, NMFS has prepared a draft EA that analyzes 
the impacts of the proposed amendments to the 4(d) protective 
regulations for West Coast salmonids, and is making it available for 
public review and comment.
    This draft EA analyzes two alternatives: (1) No Action (no revision 
to the current 4(d) protective regulations); and (2) the Proposed 
Action Alternative (revision and simplification of existing 4(d) 
protective regulations). The Proposed Action Alternative includes the 
following amendments:
    Apply the 4(d) protections and 14 limits promulgated in 2000 (as 
modified in the proposed amendments) to three ESUs being newly proposed 
for threatened status; Apply the same 4(d) protections and 14 limits 
promulgated in 2000 (as modified in proposed amendments) to all 
threatened ESUs; Amend an expired 4(d) limit which provided a temporary 
exemption for ongoing research with pending permit applications during 
the 2000 4(d) rulemaking, to temporarily exempt ongoing research during 
the current rulemaking process; Move the

[[Page 65583]]

description of the limit for Tribal Resource Management Plans (Sec.  
223.209) so that the text would appear next to the 4(d) rule in the 
Code of Federal Regulations, improving the clarity of the 4(d) 
regulations; and Amend the current 4(d) rule so that the section 9(a) 
take prohibitions apply to anadromous fish with an intact adipose fin 
only (that is, the take prohibitions and 4(d) protective regulations 
would not apply to unclipped hatchery fish or resident O. mykiss 
included in the subject ESUs).
    Because the proposed action creates an optional ESA process, the 
effects that it may generate are limited to those associated with 
amending the 4(d) protective regulations. The proposed action does not 
address the potential effects of individual activities or programs that 
may seek coverage under one of the 4(d) ``limits.'' It is impossible to 
anticipate the specific impacts of such programs that may be submitted 
to and approved by NMFS. NMFS will conduct further NEPA analyses as 
necessary when a specific program is submitted to NMFS for coverage 
under one of the 4(d) limits for West Coast salmonids.
    This notice is provided pursuant to the NEPA regulations (40 CFR 
1506.6). The final NEPA determinations will not be completed until 
after the end of the 30-day comment period and after NMFS has fully 
considered all comments received during the public comment period.

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

    Dated: November 9, 2004.
Laurie K. Allen,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 04-25313 Filed 11-12-04; 8:45 am]
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