[Federal Register Volume 72, Number 28 (Monday, February 12, 2007)]
[Notices]
[Pages 6532-6533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2340]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 013107E]


Endangered and Threatened Species; Take of Anadromous Fish

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic 
andAtmospheric 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 
the Governor's Salmon Recovery Office (GSRO) has submitted a Habitat 
Restoration Program (HRP) pursuant to protective regulations 
promulgated under the Endangered Species Act (ESA). The HRP would 
affect ten Evolutionarily Significant Units (ESUs) of threatened 
salmonids in Washington State. This document serves to notify the 
public of the availability of the HRP for review and comment before a 
final approval or disapproval is made by NMFS.

DATES: Written comments on the draft HRP must be received at the 
appropriate address or fax number (see ADDRESSES) no later than 5 p.m. 
Pacific Standard Time March 14, 2007.

ADDRESSES: Written comments should be sent to Matthew Longenbaugh, 
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 HRP are available on the 
http://www.governor.wa.gov/gsro/ or from the address posted on that 
site. Comments will be accepted via email at [email protected] or the Internet.

FOR FURTHER INFORMATION CONTACT: Matthew Longenbaugh at phone number 
360-753-7761, or e-mail: [email protected] .

SUPPLEMENTARY INFORMATION: This notice is relevant to the following ten 
threatened salmonid ESUs: Puget Sound, Lower Columbia River, and Snake 
River spring/summer Chinook salmon (Oncorhynchus tshawytscha); Hood 
Canal summer-run and Columbia River chum salmon (O. keta); Lower 
Columbia River coho salmon (O. kisutch); Snake River Basin, Lower 
Columbia River, Middle Columbia River, and Upper Columbia River 
steelhead (O. mykiss).

Background

    The GSRO submitted the HRP for habitat restoration activities that 
might affect certain salmonid ESUs listed as threatened in Washington 
State. The HRP was designed so that habitat restoration activities 
would be protective of salmonids and their habitat.
    The HRP defines what activities are habitat restorations. These 
consist of restoration activities that are funded by the WA Salmon 
Recovery Funding Board (SRFB), specifically address a major limiting 
factor identified in a watershed-based salmon recovery plan, are 
consistent with approved Washington State technical guidance, are 
identified in a salmon recovery implementation plan, have proceeded 
through a process that ensures technical suitability and public 
participation, and would not result in significant negative effects.
    Finally, the HRP is being analyzed by NMFS for possible biological 
effects of implementing habitat restoration activities. The biological 
opinion will analyze the effects of the HRP on listed salmonids and 
their habitat statewide. Before NMFS can decide whether to approve the 
HRP, the biological opinion must conclude that the identified habitat 
restoration activities conducted throughout Washington State under the 
HRP will not jeopardize listed salmonids or result in destruction or 
adverse modification of designated critical habitat. In addition, 
approval or disapproval of the HRP 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 habitat restoration program 
of the state, provided that NMFS finds the activities to be consistent 
with the conservation of listed salmonids' habitat (50 CFR 
223.203(b)(8). Prior to final approval of a habitat restoration 
program, NMFS must publish notification in the Federal Register 
announcing the program's availability for public review and comment, 
hence this notice.

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

[[Page 6533]]

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 SRFB-funded habitat 
restoration provided that the state 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: February 6, 2007.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. E7-2340 Filed 2-9-07; 8:45 am]
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