[Federal Register Volume 77, Number 200 (Tuesday, October 16, 2012)]
[Notices]
[Pages 63294-63295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25452]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC291


Endangered and Threatened Species; Take of Anadromous Fish

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

ACTION: Notice; availability of joint state/tribal hatchery plan and 
request for comment.

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SUMMARY: Notice is hereby given that the Lower Elwha Klallam Tribe and 
the Washington Department of Fish and Wildlife have submitted five 
Hatchery and Genetic Management Plans, to be considered jointly, to 
NMFS pursuant to the limitation on take prohibitions for actions 
conducted under Limit 6 of the 4(d) Rule for salmon and steelhead 
promulgated under the Endangered Species Act (ESA). The plans specify 
the propagation of five species of salmon and steelhead in the Elwha 
River of Washington state. This document serves to notify the public of 
the availability for comment of the proposed evaluation of the 
Secretary of Commerce (Secretary) as to whether implementation of the 
joint plan will appreciably reduce the likelihood of survival and 
recovery of Puget Sound Chinook salmon and Puget Sound steelhead.
    This notice further advises the public of the availability for 
review of an Environmental Assessment of the effects of the NMFS 
determination on the subject plans and associated harvest.

DATES: Comments must be received at the appropriate address or fax 
number (see ADDRESSES) no later than 5 p.m. Pacific time on November 
15, 2012.

ADDRESSES: Written comments on the application should be addressed to 
the NMFS Salmon Management Division, 1201 NE. Lloyd Boulevard, Suite 
1100, Portland, OR 97232, or faxed to 503-872-2737. Comments may be 
submitted by email. The mailbox address for providing email comments 
is: [email protected]. Include in the subject line of the 
email comment the following identifier: Comments on Elwha River 
hatchery programs.

FOR FURTHER INFORMATION CONTACT: Allyson Purcell, at phone number: 
(503) 736-4736, or email: [email protected].

SUPPLEMENTARY INFORMATION: 

ESA-Listed Species Covered in This Notice

    Chinook salmon (Oncorhynchus tshawytscha): threatened, naturally 
produced and artificially propagated Puget Sound. Steelhead (O. 
mykiss): threatened, naturally produced and artificially propagated 
Puget Sound. Bull trout (Salvelinus confluentus): threatened Puget 
Sound/Washington Coast. Pacific eulachon (Thaleichthys pacificus): 
threatened southern DPS.
    The Lower Elwha Klallam Tribe and the WDFW have submitted to NMFS 
five jointly operated hatchery programs in the Elwha River basin. The 
plans were submitted pursuant to limit 6 of the 4(d) Rule for the 
listed Puget Sound Chinook salmon evolutionarily significant unit (ESU) 
and listed Puget Sound steelhead distinct population segment (DPS). Two 
of the hatchery programs release ESA-listed Chinook salmon and 
steelhead, and three hatchery programs release non-ESA listed coho, 
fall chum, and pink salmon into the Elwha River watershed. All of the 
programs are currently operating, and all five hatchery programs raise 
fish native to the Elwha River basin.
    As required by the ESA 4(d) rule (65 FR 42422, July 10, 2000, as 
updated in 70 FR 37160, June 28, 2005), the Secretary is seeking public 
comment on his pending determination as to whether the joint plans for 
hatchery programs in the Elwha River would appreciably reduce the 
likelihood of survival and recovery of the ESA-listed Puget Sound 
salmon and steelhead.
    Under section 4(d) of the ESA, the Secretary is required to adopt 
such regulations as he deems necessary and advisable for the 
conservation of species listed as threatened. NMFS has issued a final 
ESA 4(d) Rule for salmon and steelhead, adopting in Limit 6 regulations 
necessary and advisable to harmonize statutory conservation 
requirements with tribal rights and the Federal trust responsibility to 
tribes (50 CFR 223.209).
    This 4(d) Rule applies the prohibitions enumerated in section 
9(a)(1) of the ESA. NMFS did not find it necessary and advisable to 
apply the take prohibitions described in section 9(a)(1)(B) and 
9(a)(1)(C) to artificial propagation activities if those activities are 
managed in accordance with a joint plan whose implementation has been 
determined by the Secretary to not appreciably reduce the likelihood of 
survival and recovery of the listed salmonids. As specified in limit 6 
of the 4(d) Rule, before the Secretary makes a decision on the joint 
plan, the public must have an opportunity to review and comment on the 
pending determination.

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 
conservation of species listed as threatened. The ESA salmon and 
steelhead 4(d) rule (65 FR 42422, July 10, 2000, as updated in 70 FR 
37160, June 28, 2005) specifies categories of activities that 
contribute to the conservation of listed salmonids and sets out the 
criteria for such activities. Limit 6 of the updated 4(d) rule (50 CFR 
223.203(b)(6)) further provides that the prohibitions of paragraph (a) 
of the

[[Page 63295]]

updated 4(d) rule (50 CFR 223.203(a)) do not apply to activities 
associated with a joint state/tribal artificial propagation plan 
provided that the joint plan has been determined by NMFS to be in 
accordance with the salmon and steelhead 4(d) rule (65 FR 42422, July 
10, 2000, as updated in 70 FR 37160, June 28, 2005).
    NEPA requires Federal agencies to conduct an environmental analysis 
of their proposed actions to determine if the actions may affect the 
human environment. NMFS expects to take action on a joint state/tribal 
plan under the 4(d) rule for salmon and steelhead. Therefore, NMFS is 
seeking public input on the scope of the required NEPA analysis, 
including the range of reasonable alternatives and associated impacts 
of any alternatives.

    Dated: October 11, 2012.
Larissa Plants,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2012-25452 Filed 10-15-12; 8:45 am]
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