[Federal Register Volume 75, Number 68 (Friday, April 9, 2010)]
[Rules and Regulations]
[Pages 18107-18110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7951]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R1-ES-2009-0010; MO 92210-0-0009-B4]
RIN 1018-AV87


Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for Oregon Chub (Oregonichthys crameri); Correction

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule; correction.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), published a 
final rule to designate critical habitat for the Oregon chub 
(Oregonichthys crameri) under the Endangered Species Act of 1973, as 
amended (Act), on March 10, 2010. We are publishing several corrections 
to that final rule in this document.

DATES: This rule is effective April 9, 2010.

ADDRESSES: Our final rule and associated documentation are available at 
http://regulations.gov at Docket No. FWS-R1-ES-2009-0010 and, by 
appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service, Oregon Fish and Wildlife Office, 2600 SE. 98th Ave., 
Portland, OR 97266; telephone 503-231-6179; facsimile 503-231-6195.

[[Page 18108]]


FOR FURTHER INFORMATION CONTACT: Paul Henson, State Supervisor, U.S. 
Fish and Wildlife Service, Oregon Fish and Wildlife Office (see 
ADDRESSES). If you use a telecommunications device for the deaf (TDD), 
call the Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Background

    Our March 10, 2010, final rule (75 FR 11010) to designate critical 
habitat for the Oregon chub contained typographical errors in the 
preamble and the regulatory text, which we explain and correct in this 
document. For the complete final rule as published, see our March 10, 
2010, publication (75 FR 11010). For a more complete discussion of the 
ecology and life history of the species, please see our March 10, 2009, 
proposed rule (74 FR 10412), and the Oregon Chub 5-year Review Summary 
and Evaluation of February 11, 2008, which is available at http://ecos.fws.gov/docs/five_year_review/doc1859.pdf.
    Because of coding errors in our March 10, 2010, final rule (75 FR 
11010), temperatures and numbers for ``maximum water depth'' and 
``average water depth'' were rendered incorrect or impossible to read 
in several places. We correct them in this document.

Administrative Procedure Act

    We find good cause to waive notice and comment on this correction, 
under 5 U.S.C. 533(b)(3)(B), and the 30-day delay in effective date 
under 5 U.S.C. 553(d). Notice and comment are unnecessary because this 
correction is a minor, technical correction. The substance of the 
regulations remains unchanged. Therefore, this correction is being 
published as a final rule and is effective on the date under DATES.

Corrections to Preamble

    The second sentence in the first paragraph under the heading 
``Distribution and Habitat'' (near top of page 11011, first column) is 
revised to read as follows:

    The species' aquatic habitat is typically at depths of less than 
or equal to 2 meters (m) (6.6 feet (ft)), and has a summer 
subsurface water temperature exceeding 15 [deg]Celsius ([deg]C) (61 
[deg]Fahrenheit ([deg]F)) (Scheerer and Apke 1997, p. 45; Scheerer 
2002, p. 1073; Scheerer and McDonald 2003, p. 69).

    The second paragraph under the heading ``Food, Water, Air, Light, 
Minerals, or Other Requirements'' (page 11016, third column) is revised 
to read as follows:

    With respect to water quality, the temperature regime at a site 
may determine the productivity of Oregon chub at that location. 
Spawning activity for the species has been observed from May through 
early August when subsurface water temperatures exceed 15 [deg]C (59 
[deg]F) or 16 [deg]C (61 [deg]F) (Scheerer and Apke 1997, p. 22; 
Markle et al. 1991, p. 288; Scheerer and MacDonald 2003, p. 78). The 
species will display normal life-history behavior at temperatures 
between approximately 15 and 25 [deg]C (59 and 77 [deg]F). The upper 
lethal temperature for the fish was determined to be 31 [deg]C (88 
[deg]F) in laboratory studies (Scheerer and Apke 1997, p. 22).

    The third sentence in the first paragraph under the heading ``Sites 
for Breeding, Reproduction, and Rearing (or Development) of Offspring'' 
(page 11017, center column) is revised to read as follows:

    Oregon chub spawn from April through September, when 
temperatures exceed 15 [deg]C (59 [deg]F), with peak activity in 
July.

    Under the header ``Primary Constituent Elements (PCEs) for the 
Oregon Chub,'' number 3 in the list (page 11018, center column) is 
revised to read as follows:

    3. Late spring and summer subsurface water temperatures between 
15 and 25 [deg]C (59 and 78 [deg]F), with natural diurnal and 
seasonal variation.

    Under the header ``Final Critical Habitat Designation,'' we make 
the following corrections to the text of each of the individual units:
BILLING CODE 4310-55-P
[GRAPHIC] [TIFF OMITTED] TR09AP10.000


[[Page 18109]]


[GRAPHIC] [TIFF OMITTED] TR09AP10.001

[GRAPHIC] [TIFF OMITTED] TR09AP10.002

BILLING CODE 4310-55-C

Correction to Regulatory Text

    In our rule FR Doc. 2010-4654, as published at March 10, 2010 (75 
FR 11010), there is one error in the regulatory text.
    Other than this one correction to the final rule's regulatory text, 
all amendatory instructions and amendatory language stand.


Sec.  17.95  [Corrected]

0
1. On page 11032, in the third column, revise Sec.  17.95 under 
paragraph (e), under the entry for ``Oregon Chub (Oregonichthys 
crameri)'', paragraph (2)(iii), to read as follows:


[[Page 18110]]


    (iii) Late spring and summer subsurface water temperatures 
between 15 and 25 [deg]C (59 and 78 [deg]F), with natural diurnal 
and seasonal variation.

    Dated: April 2, 2010.
Sara Prigan,
Federal Register Liaison, U.S. Fish and Wildlife Service.
[FR Doc. 2010-7951 Filed 4-8-10; 8:45 am]
BILLING CODE 4310-55-P