[Federal Register Volume 78, Number 123 (Wednesday, June 26, 2013)]
[Proposed Rules]
[Pages 38270-38284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15015]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 223 and 224

[Docket No. 130501429-3429-01]
RIN 0648-XC659


Endangered and Threatened Wildlife; Proposed Rule To Revise the 
Code of Federal Regulations for Species Under the Jurisdiction of the 
National Marine Fisheries Service

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

ACTION: Proposed rule.

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

SUMMARY: We, NMFS, announce proposed revisions to the Code of Federal 
Regulations (CFR) to clarify and update the descriptions of species 
under NMFS' jurisdiction that are currently listed as threatened or 
endangered under the Endangered Species Act of 1973 (ESA). Revisions 
include format changes to our lists of threatened and endangered 
species, revisions to regulatory language explaining our lists, updates 
to the descriptions of certain listed West Coast salmonid species to 
add or remove hatchery stocks consistent with our recently completed 
five-year reviews under ESA section 4(c)(2), and corrections to 
regulatory text to fix inadvertent errors from previous rulemakings and 
update cross-references. We do not propose to add or remove any species 
to or from our lists, change the status of any listed species, or add 
or revise any critical habitat designation.

DATES: Comments and information regarding the proposed revisions must 
be received (See ADDRESSES) no later than 5 p.m. Pacific Time on August 
26, 2013.

ADDRESSES: You may submit comments, information, or data, identified by 
the code NOAA-NMFS-2013-0100 by any one of the following methods:
     Electronic Submissions: Submit all electronic comments via 
the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0100, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Office of Protected Resources, NMFS, 1315 East-West 
Highway, Silver Spring, MD 20910.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: For further information regarding this 
notice contact Maggie Miller, NMFS, Office of Protected Resources (301) 
427-8403; for information on the 5-year status reviews of Pacific 
salmonids, contact Steve Stone, NMFS, Northwest Region (503) 231-2317. 
Copies of the 5-year status reviews can be found on our Web sites at 
http://www.nmfs.noaa.gov/pr/listing/reviews.htm and http://www.nwr.noaa.gov.

SUPPLEMENTARY INFORMATION: 

Background

    Section 4 of the ESA provides for both NMFS and the U.S. Fish and 
Wildlife Service (FWS) to make determinations as to the endangered or 
threatened status of ``species'' in response to petitions or on their 
own initiative. In accordance with the ESA, we (NMFS) make 
determinations as to the threatened or endangered status of species by 
regulation. These regulations provide the text for each species listing 
and include the content required by the ESA Section 4(c)(1). We 
enumerate and maintain a list of species under our jurisdiction which 
we have determined to be threatened or endangered at 50

[[Page 38271]]

CFR 223.102 (threatened species) and 50 CFR 224.101 (endangered 
species) (hereafter referred to as the ``NMFS Lists''). The FWS 
maintains two master lists of all threatened and endangered species, 
i.e., both species under NMFS' jurisdiction and species under FWS' 
jurisdiction (the ``FWS Lists'') at 50 CFR 17.11 (threatened and 
endangered animals) and 50 CFR 17.12 (threatened and endangered 
plants). The term ``species'' for listing purposes under the ESA 
includes the following entities: species, subspecies, and, for 
vertebrates only, ``distinct population segments (DPSs).'' Pacific 
salmon are listed as ``evolutionarily significant units (ESUs),'' which 
are essentially equivalent to DPSs for the purpose of the ESA. For West 
Coast salmon and steelhead, many of the ESU and DPS descriptions 
include fish originating from specific artificial propagation programs 
(e.g., hatcheries) that, along with their naturally-produced 
counterparts, are included as part of the listed species.
    We recently completed a 5-year review of the status of ESA-listed 
salmon ESUs and steelhead DPSs in California (76 FR 50447, August 15, 
2011; and 76 FR 76386, December 7, 2011) and in Oregon, Idaho, and 
Washington (76 FR 50448; August 15, 2011). The ESA requires this 
regular review of listed species to determine whether a species should 
be delisted, reclassified, or whether the current classification should 
be retained (16 U.S.C. 1533(c)(2)). As a result of our review, we 
identified several errors, omissions, and updates that warrant revising 
the NMFS and FWS Lists for the sake of accuracy and improved 
readability. We also identified cross-referencing errors in our 
regulations at 50 CFR 223. In addition, we are taking advantage of this 
proposed rule to correct or clarify text and update the list formats 
for all species under NMFS' jurisdiction.
    Below we summarize the proposed revisions. In the regulatory text 
at the end of this Federal Register notice are (1) tables with the 
revised format depicting the NMFS Lists with the full text of the 
species' descriptions that we propose to update with this notice, and 
(2) the full text of proposed corrections and clarifications to our 
regulations at 50 CFR 223. After considering public comments on these 
proposed revisions, we will finalize this proposed rule and then 
coordinate with the FWS to ensure that the changes are reflected in the 
FWS Lists at 50 CFR 17.11 and 17.12.

Proposed Revisions to the NMFS Lists

General Changes for Improved Consistency and Accuracy

    Endangered Species Table: For consistency, we propose to combine 
the separate tables and paragraphs in 50 CFR 224.101 into one table, as 
we have done for the threatened species table at 50 CFR 223.102.
    Introductory Text: We propose adding text to both 50 CFR parts 223 
and 224 introducing the table format for the NMFS Lists and explaining 
the categories of information presented in the tables. This will make 
the NMFS regulations more consistent with the FWS regulations and will 
aid the reader in understanding the information presented.
    Order of Species' Names: We propose to reorder the species' entries 
alphabetically in both NMFS Lists based on the species' common name and 
to remove the numbering system currently used in the NMFS table of 
threatened species. For example, the current entry in the threatened 
species list at 50 CFR 223.102, ``(a)(23) Puget Sound steelhead DPS,'' 
will be identified as ``Steelhead (Puget Sound DPS)'' and will come 
after ``Salmon'' but before ``Sturgeon.'' This will make it easier to 
search our lists for species of interest and is consistent with the 
format of the FWS Lists. If the species has no common name, it will be 
listed alphabetically based on its scientific name. The numbering has 
not provided a benefit and has made it more complicated to add or 
delist species.
    ESA Rules: In the NMFS Lists, we propose to add a new ``ESA rules'' 
column similar to the ``Special rules'' column used in the FWS Lists. 
This new column will provide a cross-reference to ESA rules applicable 
to the species, such as protective regulations for threatened species.
    Citations for Listing Determinations: Currently, the column 
entitled ``Citation(s) for listing determination(s)'' provides, for 
some species, a cite to the first page of the Federal Register notice 
containing the listing determination and, for other species, a cite to 
the page containing the regulatory text for that species. We are 
standardizing the information provided in this column so that all 
citations identify the first page of the relevant Federal Register 
notice.
    Critical Habitat Citations: In both NMFS Lists, we propose to 
change the entries under the ``Citation(s) for critical habitat 
designation(s)'' column to refer to the specific section in 50 CFR 226 
(instead of the Federal Register notice) where the critical habitat 
description is found. Doing so will provide a more direct reference to 
the applicable regulatory text and maps designating critical habitat 
and ensure that citations track the most up-to-date descriptions of 
designated areas. We also propose to shorten the column heading to 
``Critical habitat.''
    Description of Listed Entity: In both NMFS Lists, we propose to 
change the ``Where listed'' column to ``Description of listed entity.'' 
As currently used, the ``Where listed'' column contains both 
substantive information, for example, descriptions of ESUs/DPSs, and 
non-substantive information, such as the range where the species may 
normally be found. To avoid confusion, the ``Description of listed 
entity'' column will now include only information that is necessary to 
identify the listed entity that constitutes the ``species'' for 
purposes of the ESA. Accordingly, the ``Description of listed entity'' 
column will explain whether the listed entity is an entire taxonomic 
species, a subspecies, or a DPS and will provide a description for 
DPSs. Information regarding the general geographic range of a listed 
species may still be found in the Federal Register notice designating 
that species for listing and referenced in the ``Citations for listing 
determination(s)'' column. Additionally, we have standardized the 
descriptions for each species. For example, current DPS descriptions 
use varying terminology, such as ``spawned in,'' ``from,'' or ``hatched 
in,'' to indicate that animals born within a given geographic area 
comprise the DPS. We propose standardizing our terminology by 
consistently using the phrase ``originating from,'' to describe the 
composition of such DPSs, unless different wording is necessary for 
accuracy. One specific change for listed steelhead populations is to 
clarify that steelhead DPSs include ``all naturally spawned anadromous 
O. mykiss (steelhead) originating below natural and manmade impassable 
barriers.''

Endangered Species at 50 CFR 224.101

Revisions to Endangered Species Descriptions

    Below we summarize the primary proposed revisions to the 
descriptions of our endangered species listed in 50 CFR 224.101. Based 
on our recently completed 5-year reviews of the status of ESA-listed 
salmon ESUs and steelhead DPSs in California, Oregon, Idaho, and 
Washington (see http://www.nmfs.noaa.gov/pr/listing/reviews.htm and 
http://www.nwr.noaa.gov for status review documents), some of the 
descriptions of our endangered species must be revised to take into 
account the addition or

[[Page 38272]]

termination of specific artificial propagation programs which 
contribute individuals to that ESU or DPS. These are identified as 
``key changes.'' The addition or termination of these artificial 
propagation programs does not constitute a listing or delisting of an 
ESU or DPS, but simply a revision to reflect the actual current 
composition of the listed ESU or DPS. Other changes to the descriptions 
include standardization of terminology to improve consistency and 
accuracy in our listings. Where a ``key change'' is not indicated for a 
specific revised listing description, then the only change to the 
description is for standardization of terminology.
Salmon, Chinook (Sacramento River Winter-Run ESU)
    We propose to revise this description to read: ``Naturally spawned 
winter-run Chinook salmon originating from the Sacramento River and its 
tributaries. Also, winter-run Chinook salmon from one artificial 
propagation program: the Livingston Stone National Fish Hatchery.'' The 
key change proposed for this ESU is: One artificial propagation program 
has been terminated (the captive broodstock program maintained at 
Livingston Stone National Fish Hatchery and the University of 
California Bodega Marine Laboratory) and is being removed from the list 
of artificial propagation programs that are part of this ESU.
Salmon, Chinook (Upper Columbia River Spring-Run ESU)
    We propose to revise this description to read: ``Naturally spawned 
spring-run Chinook salmon originating from Columbia River tributaries 
upstream of the Rock Island Dam and downstream of Chief Joseph Dam 
(excluding the Okanogan River subbasin). Also, spring-run Chinook 
salmon from six artificial propagation programs: The Twisp River 
Program; Chewuch River Program; Methow Program; Winthrop National Fish 
Hatchery Program; Chiwawa River Program; and the White River Program.''
Salmon, Sockeye (Snake River ESU)
    We propose to revise this description to read: ``Naturally spawned 
anadromous and residual sockeye salmon originating from the Snake River 
basin. Also, sockeye salmon from one artificial propagation program: 
The Redfish Lake Captive Broodstock Program.''

Threatened Species at 50 CFR 223.102

Revisions to Threatened Species Descriptions

    Below we summarize the primary proposed revisions to the 
descriptions of our threatened species listed in 50 CFR 223.102. Based 
on our recently completed 5-year reviews of the status of ESA-listed 
salmon ESUs and steelhead DPSs in California, Oregon, Idaho, and 
Washington (see http://www.nmfs.noaa.gov/pr/listing/reviews.htm and 
http://www.nwr.noaa.gov for status review documents), some of the 
descriptions of our threatened species must be revised to take into 
account the addition or termination of specific artificial propagation 
programs which contribute individuals to that ESU or DPS. These are 
identified as ``key changes.'' The addition or termination of these 
artificial propagation programs does not constitute a listing or 
delisting of an ESU or DPS, but simply a revision to the composition of 
the listed ESU or DPS. Other changes to the descriptions include 
standardization of terminology to improve consistency and accuracy in 
our listings. Where a ``key change'' is not indicated for a specific 
revised listing description, then the only change to the description is 
for standardization of terminology.
Eulachon (Southern DPS)
    We propose to revise this description to read: ``Eulachon 
originating from the Skeena River in British Columbia south to and 
including the Mad River in northern California.'' This is consistent 
with the description of this DPS provided in our original listing 
determination (75 FR 13012), however the description was inadvertently 
omitted from the current NMFS list in the CFR.
Salmon, Chinook (California Coastal ESU)
    We propose to revise this description to read: ``Naturally spawned 
Chinook salmon originating from rivers and streams south of the Klamath 
River to and including the Russian River.'' The key changes proposed 
for this ESU include: Seven artificial propagation programs have been 
terminated (the Humboldt Fish Action Council (Freshwater Creek), Yager 
Creek, Redwood Creek, Hollow Tree, Van Arsdale Fish Station, Mattole 
Salmon Group, and Mad River Hatchery fall-run Chinook hatchery 
programs) and are being removed from the list of artificial propagation 
programs that are part of this ESU.
Salmon, Chinook (Lower Columbia River ESU)
    We propose to revise this description to read: ``Naturally spawned 
Chinook salmon originating from the Columbia River and its tributaries 
downstream of a transitional point east of the Hood and White Salmon 
Rivers, and any such fish originating from the Willamette River and its 
tributaries below Willamette Falls. Not included in this ESU are: (1) 
Spring-run Chinook salmon originating from the Clackamas River; (2) 
fall-run Chinook salmon originating from Upper Columbia River Bright 
hatchery stocks that spawn in the mainstem Columbia River below 
Bonneville Dam and in other tributaries upstream from the dam to the 
Hood and White Salmon Rivers; (3) spring-run Chinook salmon originating 
from the Round Butte Hatchery (Deschutes River, Oregon) and spawning in 
the Hood River; (4) spring-run Chinook salmon originating from the 
Carson National Fish Hatchery and spawning in the Wind River; and (5) 
naturally spawning Chinook salmon originating from the Rogue River Fall 
Chinook Program. This ESU does include Chinook salmon from 20 
artificial propagation programs: The Sea Resources Tule Chinook 
Program; Big Creek Tule Chinook Program; Astoria High School Salmon-
Trout Enhancement Program (STEP) Tule Chinook Program; Warrenton High 
School STEP Tule Chinook Program; Cowlitz Tule Chinook Program; North 
Fork Toutle Tule Chinook Program; Kalama Tule Chinook Program; 
Washougal River Tule Chinook Program; Spring Creek National Fish 
Hatchery (NFH) Tule Chinook Program; Cowlitz Spring Chinook Programs in 
the Upper Cowlitz River and the Cispus River; Friends of the Cowlitz 
Spring Chinook Program; Kalama River Spring Chinook Program; Lewis 
River Spring Chinook Program; Fish First Spring Chinook Program; Sandy 
River Hatchery (Oregon Department of Fish and Wildlife Stock 
11); Deep River Net Pens Tule Fall Chinook Program; Klaskanine 
Hatchery Tule Fall Chinook Program; Bonneville Hatchery Tule Fall 
Chinook Program; and the Little White Salmon NFH Tule Fall Chinook 
Program.'' The key changes proposed for this ESU include: (1) The 
Elochoman River Tule Chinook Program has been terminated (the last 
adult returns will be in 2013) and is being removed from the list of 
artificial propagation programs that are part of this ESU; (2) four new 
programs (Deep River Net Pens Tule Fall Chinook, Klaskanine Hatchery 
Tule Fall Chinook, Bonneville Hatchery Tule Fall Chinook, and Little 
White Salmon National Fish Hatchery Tule Fall Chinook programs) are now 
considered part of this ESU; and (3) clarifications--first reported at 
the time of listing (64 FR 14308; March 24, 1999)--about the status of 
non-ESU Chinook salmon that

[[Page 38273]]

are known to spawn within the range of the Lower Columbia River ESU.
Salmon, Chinook (Puget Sound ESU)
    We propose to revise this description to read: ``Naturally spawned 
Chinook salmon originating from rivers flowing into Puget Sound from 
the Elwha River (inclusive) eastward, including rivers in Hood Canal, 
South Sound, North Sound and the Strait of Georgia. Also, Chinook 
salmon from 27 artificial propagation programs: The Kendall Creek 
Hatchery Program; Marblemount Hatchery Program (spring yearlings, 
spring subyearlings, and summer-run); Harvey Creek Hatchery Program 
(summer-run and fall-run); Whitehorse Springs Pond Program; Wallace 
River Hatchery Program (yearlings and subyearlings); Tulalip Bay 
Program; Issaquah Hatchery Program; Soos Creek Hatchery Program; Icy 
Creek Hatchery Program; Keta Creek Hatchery Program; White River 
Hatchery Program; White Acclimation Pond Program; Hupp Springs Hatchery 
Program; Voights Creek Hatchery Program; Diru Creek Program; Clear 
Creek Program; Kalama Creek Program; George Adams Hatchery Program; 
Rick's Pond Hatchery Program; Hamma Hamma Hatchery Program; Dungeness/
Hurd Creek Hatchery Program; Elwha Channel Hatchery Program; and the 
Skookum Creek Hatchery Spring-run Program.'' The key changes proposed 
for this ESU include: (1) The Marblemount Hatchery fall Chinook program 
has been terminated (the last adult returns will be in 2013) and is 
being removed from the list of artificial propagation programs that are 
part of this ESU; and (2) two new programs (Skookum Creek Hatchery 
spring-run Chinook and Harvey Creek Hatchery fall-run Chinook) are now 
considered part of this ESU.
Salmon, Chinook (Snake River Fall-Run ESU)
    We propose to revise this description to read: ``Naturally spawned 
fall-run Chinook salmon originating from the mainstem Snake River below 
Hells Canyon Dam and from the Tucannon River, Grande Ronde River, 
Imnaha River, Salmon River, and Clearwater River subbasins. Also, fall-
run Chinook salmon from four artificial propagation programs: The Lyons 
Ferry Hatchery Program; Fall Chinook Acclimation Ponds Program; Nez 
Perce Tribal Hatchery Program; and the Oxbow Hatchery Program.''
Salmon, Chinook (Snake River Spring/Summer-Run ESU)
    We propose to revise this description to read: ``Naturally spawned 
spring/summer-run Chinook salmon originating from the mainstem Snake 
River and the Tucannon River, Grande Ronde River, Imnaha River, and 
Salmon River subbasins. Also, spring/summer-run Chinook salmon from 11 
artificial propagation programs: The Tucannon River Program; Lostine 
River Program; Catherine Creek Program; Lookingglass Hatchery Program; 
Upper Grande Ronde Program; Imnaha River Program; Big Sheep Creek 
Program; McCall Hatchery Program; Johnson Creek Artificial Propagation 
Enhancement Program; Pahsimeroi Hatchery Program; and the Sawtooth 
Hatchery Program.'' The key changes proposed for this ESU include: (1) 
Three artificial propagation programs (Lemhi River Captive Rearing 
Experiment Program, East Fork Captive Rearing Experiment Program, and 
West Fork Yankee Fork Captive Rearing Experiment Program) have been 
terminated (the last adult returns were in 2009) and are being removed 
from the list of programs that are part of this ESU; and (2) three 
captive broodstock programs (Tucannon River, Lostine River, and 
Catherine Creek) are transitioning to naturally returning fish but will 
remain as artificial propagation programs that are part of the ESU.
Salmon, Chinook (Upper Willamette River ESU)
    We propose to revise this description to read: ``Naturally spawned 
spring-run Chinook salmon originating from the Clackamas River and from 
the Willamette River and its tributaries above Willamette Falls. Also, 
spring-run Chinook salmon from six artificial propagation programs: The 
McKenzie River Hatchery Program (Oregon Department of Fish and Wildlife 
(ODFW) Stock 23); Marion Forks Hatchery/North Fork Santiam 
River Program (ODFW Stock 21); South Santiam Hatchery Program 
(ODFW Stock 24) in the South Fork Santiam River and Mollala 
River; Willamette Hatchery Program (ODFW Stock 22); and the 
Clackamas Hatchery Program (ODFW Stock 19).'' The key changes 
proposed for this ESU include: (1) The South Santiam Hatchery Program 
(ODFW Stock 24) in the Calapooia River has been terminated 
(the last adult returns were in 2008) and is being removed from the 
list of artificial propagation programs that are part of this ESU; and 
(2) two hatchery stock identification numbers (ODFW Stocks 23 
and 24) were incorrectly identified in the NMFS regulations 
and are now correctly assigned to the appropriate artificial 
propagation programs.
Salmon, Chum (Columbia River ESU)
    We propose to revise this description to read: ``Naturally spawned 
chum salmon originating from the Columbia River and its tributaries in 
Washington and Oregon. Also, chum salmon from three artificial 
propagation programs: The Chinook River Program (Sea Resources 
Hatchery); Grays River Program; and the Washougal River Hatchery/Duncan 
Creek Hatchery Program.''
Salmon, Chum (Hood Canal Summer-Run ESU)
    We propose to revise this description to read: ``Naturally spawned 
summer-run chum salmon originating from Hood Canal and its tributaries 
as well as from Olympic Peninsula rivers between Hood Canal and 
Dungeness Bay (inclusive). Also, summer-run chum salmon from four 
artificial propagation programs: The Hamma Hamma Fish Hatchery Program; 
Lilliwaup Creek Fish Hatchery Program; Tahuya River Program; and the 
Jimmycomelately Creek Fish Hatchery Program.'' The key changes proposed 
for this ESU include: (1) Four artificial propagation programs 
(Quilcene National Fish Hatchery, Big Beef Creek Fish Hatchery, Salmon 
Creek Fish Hatchery, and Chimacum Creek Fish Hatchery) have been 
terminated (the last adult returns were in 2008) and are being removed 
from the list of programs that are part of this ESU; and (2) the Union 
River program (originally part of a combined Union River/Tahuya River 
program) has been terminated leaving just the Tahuya River program as 
part of the ESU.
Salmon, Coho (Lower Columbia River ESU)
    We propose to revise this description to read: ``Naturally spawned 
coho salmon originating from the Columbia River and its tributaries 
downstream from the Big White Salmon and Hood Rivers (inclusive) and 
any such fish originating from the Willamette River and its tributaries 
below Willamette Falls. Also, coho salmon from 23 artificial 
propagation programs: The Grays River Program; Sea Resources Hatchery 
Program; Peterson Coho Project; Big Creek Hatchery Program (Oregon 
Department of Fish and Wildlife (ODFW) Stock 13); Astoria High 
School Salmon-Trout Enhancement Program (STEP) Coho Program; Warrenton 
High School STEP Coho Program; Cathlamet High School Future Farmers of 
America Type-N Coho Program; Cowlitz Type-N Coho Program in the Upper 
and Lower Cowlitz Rivers; Cowlitz Game and

[[Page 38274]]

Anglers Coho Program; Friends of the Cowlitz Coho Program; North Fork 
Toutle River Hatchery Program; Kalama River Type-N Coho Program; Kalama 
River Type-S Coho Program; Lewis River Type-N Coho Program; Lewis River 
Type-S Coho Program; Fish First Wild Coho Program; Fish First Type-N 
Coho Program; Syverson Project Type-N Coho Program; Washougal River 
Type-N Coho Program; Eagle Creek National Fish Hatchery Program; Sandy 
Hatchery Program (ODFW Stock 11); and the Bonneville/Cascade/
Oxbow Complex (ODFW Stock 14) Hatchery Program.'' The key 
changes proposed for this ESU include: (1) The Elochoman Type-S and 
Type-N Coho programs have been terminated (the last adult returns were 
in 2010) and are being removed from the list of artificial propagation 
programs that are part of this ESU; and (2) one program (Washougal 
River Type-N Coho Program) was inadvertently omitted from the list of 
artificial propagation programs and is now being identified as part of 
this ESU.
Salmon, Coho (Oregon Coast ESU)
    We propose to revise this description to read: ``Naturally spawned 
coho salmon originating from coastal rivers south of the Columbia River 
and north of Cape Blanco. Also, coho salmon from one artificial 
propagation program: The Cow Creek Hatchery Program (Oregon Department 
of Fish and Wildlife Stock 18).'' The key change proposed for 
this ESU is a correction to the stock identification number for the Cow 
Creek Hatchery Program.
Steelhead (California Central Valley DPS)
    We propose to revise this description to read: ``Naturally spawned 
anadromous O. mykiss (steelhead) originating below natural and manmade 
impassable barriers from the Sacramento and San Joaquin Rivers and 
their tributaries; excludes such fish originating from San Francisco 
and San Pablo Bays and their tributaries. This DPS does include 
steelhead from two artificial propagation programs: The Coleman 
National Fish Hatchery Program, and the Feather River Fish Hatchery 
Program.'' The key change proposed for this DPS involves identifying 
two artificial propagation programs that are part of this DPS (the 
Coleman National Fish Hatchery Program and the Feather River Fish 
Hatchery Program) that were identified in the Federal Register notice 
(71 FR 834; January 5, 2006) but were inadvertently omitted from the 
current NMFS List in the CFR.
Steelhead (Central California Coast DPS)
    We propose to revise this description to read: ``Naturally spawned 
anadromous O. mykiss (steelhead) originating below natural and manmade 
impassable barriers from the Russian River to and including Aptos 
Creek, and all drainages of San Francisco and San Pablo Bays eastward 
to Chips Island at the confluence of the Sacramento and San Joaquin 
rivers. Also, steelhead from two artificial propagation programs: The 
Don Clausen Fish Hatchery Program, and the Kingfisher Flat Hatchery 
Program (Monterey Bay Salmon and Trout Project).'' The key change 
proposed for this DPS involves identifying two artificial propagation 
programs that are part of this DPS (the Don Clausen Fish Hatchery 
Program, and the Kingfisher Flat Hatchery Program (Monterey Bay Salmon 
and Trout Project) that were identified in the Federal Register notice 
(71 FR 834; January 5, 2006) but were inadvertently omitted from the 
current NMFS List in the CFR.
Steelhead (Lower Columbia River DPS)
    We propose to revise this description to read: ``Naturally spawned 
anadromous O. mykiss (steelhead) originating below natural and manmade 
impassable barriers from rivers between the Cowlitz and Wind Rivers 
(inclusive) and the Willamette and Hood Rivers (inclusive); excludes 
such fish originating from the upper Willamette River basin above 
Willamette Falls. This DPS does include steelhead from seven artificial 
propagation programs: The Cowlitz Trout Hatchery Late Winter-run 
Program (Lower Cowlitz); Kalama River Wild Winter-run and Summer-run 
Programs; Clackamas Hatchery Late Winter-run Program (Oregon Department 
of Fish and Wildlife (ODFW) Stock 122); Sandy Hatchery Late 
Winter-run Program (ODFW Stock 11); Hood River Winter-run 
Program (ODFW Stock 50); and the Lewis River Wild Late-run 
Winter Steelhead Program.'' The key changes proposed for this DPS 
include identifying artificial propagation programs that are part of 
this DPS that were identified in the Federal Register notice (71 FR 
834; January 5, 2006) but were inadvertently omitted from the current 
NMFS List in the CFR. Also, based on our recent 5-year review of ESA-
listed salmonids (76 FR 50448; August 15, 2011), the following programs 
are now being included as part of this DPS: The Cowlitz Trout Hatchery 
Late Winter-run Program (Lower Cowlitz); Kalama River Wild Winter-run 
and Summer-run Programs; Clackamas Hatchery Late Winter-run Program 
(Oregon Department of Fish and Wildlife (ODFW) Stock 122); 
Sandy Hatchery Late Winter-run Program (ODFW Stock 11); Hood 
River Winter-run Program (ODFW Stock 50); and the Lewis River 
Wild Late-run Winter Steelhead Program.
Steelhead (Middle Columbia River DPS)
    We propose to revise this description to read: ``Naturally spawned 
anadromous O. mykiss (steelhead) originating below natural and manmade 
impassable barriers from the Columbia River and its tributaries 
upstream of the Wind and Hood Rivers (exclusive) to and including the 
Yakima River; excludes such fish originating from the Snake River 
basin. This DPS does include steelhead from seven artificial 
propagation programs: The Touchet River Endemic Program; Yakima River 
Kelt Reconditioning Program (in Satus Creek, Toppenish Creek, Naches 
River, and Upper Yakima River); Umatilla River Program (Oregon 
Department of Fish and Wildlife (ODFW) Stock 91); and the 
Deschutes River Program (ODFW Stock 66). This DPS does not 
include steelhead that are designated as part of an experimental 
population.'' The key changes proposed for this DPS include identifying 
artificial propagation programs that are part of this DPS that were 
identified in the Federal Register notice (71 FR 834; January 5, 2006) 
but were inadvertently omitted from the current NMFS List in the CFR. 
Also, based on our recent 5-year review of ESA-listed salmonids (76 FR 
50448; August 15, 2011), the following programs are now being included 
as part of this DPS: The Touchet River Endemic Program; Yakima River 
Kelt Reconditioning Program (in Satus Creek, Toppenish Creek, Naches 
River, and Upper Yakima River); Umatilla River Program (Oregon 
Department of Fish and Wildlife (ODFW) Stock 91); and the 
Deschutes River Program (ODFW Stock 66).
Steelhead (Middle Columbia River DPS-XN)
    We recently designated a nonessential experimental population of 
Middle Columbia River steelhead (78 FR 2893, Jan. 15, 2013). We propose 
to add an entry for this experimental population onto the NMFS list to 
provide the public with a description of this experimental population, 
a citation to the Federal Register notice, and indicate ESA rules that 
apply to this population. We propose to add the description: ``Middle 
Columbia River steelhead only when, and at such times as, they are 
found above Butte Dam.''

[[Page 38275]]

Steelhead (Puget Sound DPS)
    We propose to revise this description to read: ``Naturally spawned 
anadromous O. mykiss (steelhead) originating below natural and manmade 
impassable barriers from rivers flowing into Puget Sound from the Elwha 
River (inclusive) eastward, including rivers in Hood Canal, South 
Sound, North Sound and the Strait of Georgia. Also, steelhead from six 
artificial propagation programs: The Green River Natural Program; White 
River Winter Steelhead Supplementation Program; Hood Canal Steelhead 
Supplementation Off-station Projects in the Dewatto, Skokomish, and 
Duckabush Rivers; and the Lower Elwha Fish Hatchery Wild Steelhead 
Recovery Program.'' The key changes proposed for this DPS include: (1) 
The Hamma Hamma River Hatchery program has been terminated (the last 
adult returns were in 2010) and is being removed from the list of 
artificial propagation programs that are part of this DPS; and (2) five 
new programs (the White River Winter Steelhead Supplementation Program, 
three Hood Canal Steelhead Supplementation off-station projects 
(Dewatto River, Skokomish River, and Duckabush River), and the Lower 
Elwha Fish Hatchery Wild Steelhead Recovery Program) are now considered 
part of this DPS.
Steelhead (Snake River Basin DPS)
    We propose to revise this description to read: ``Naturally spawned 
anadromous O. mykiss (steelhead) originating below natural and manmade 
impassable barriers from the Snake River basin. Also, steelhead from 
six artificial propagation programs: The Tucannon River Program; 
Dworshak National Fish Hatchery Program; Lolo Creek Program; North Fork 
Clearwater Program; East Fork Salmon River Program; and the Little 
Sheep Creek/Imnaha River Hatchery Program (Oregon Department of Fish 
and Wildlife Stock 29).'' The key changes proposed for this 
DPS include identifying artificial propagation programs that are part 
of this DPS that were identified in the Federal Register notice (71 FR 
834; January 5, 2006) but were inadvertently omitted from the current 
NMFS List in the CFR. Also, based on our recent 5-year review of ESA-
listed salmonids (76 FR 50448; August 15, 2011), the following programs 
are now being included as part of this DPS: The Tucannon River Program; 
Dworshak National Fish Hatchery Program; Lolo Creek Program; North Fork 
Clearwater Program; East Fork Salmon River Program; and the Little 
Sheep Creek/Imnaha River Hatchery Program (Oregon Department of Fish 
and Wildlife Stock 29).
Steelhead (Upper Columbia River DPS)
    We propose to revise this description to read: ``Naturally spawned 
anadromous O. mykiss (steelhead) originating below natural and manmade 
impassable barriers from the Columbia River and its tributaries 
upstream of the Yakima River to the U.S.-Canada border. Also, steelhead 
from six artificial propagation programs: The Wenatchee River Program; 
Wells Hatchery Program (in the Methow and Okanogan Rivers); Winthrop 
National Fish Hatchery Program; Omak Creek Program; and the Ringold 
Hatchery Program.''
Steelhead (Upper Willamette River DPS)
    We propose to revise this description to read: ``Naturally spawned 
anadromous winter-run O. mykiss (steelhead) originating below natural 
and manmade impassable barriers from the Willamette River and its 
tributaries upstream of Willamette Falls to and including the Calapooia 
River.''

Correcting Amendments to Agency Regulations at 50 CFR Part 223

    During our review of the NMFS Lists we discovered minor errors in 
our regulations at 50 CFR 223, which specify the protections afforded 
under ESA section 4(d) to various threatened species. We are proposing 
to make the following revisions to correct these errors:
    (1) We propose to correct the grammar in our regulations at 50 CFR 
223.101(a) and 50 CFR 223.201(b)(1). In 50 CFR 223.101(a) we are 
replacing the word ``governing'' with ``govern'' and in 50 CFR 
223.201(b)(1) we are removing the phrase '' in accordance with the'', 
which was added in error.
    (2) Due to an oversight that occurred when we revised our NMFS List 
of threatened species in 2006 (71 FR 38270; July 6, 2006), our 
regulations at 50 CFR 223.203 incorrectly refer to the ``Marine 
Mammals'' portion of our NMFS List at 50 CFR 223.102(a) when, instead, 
they should have referred to ``Fishes'' at 50 CFR 223.102(c). However, 
as we have proposed to discontinue numbering species in the threatened 
lists and instead sort all threatened species in the table 
alphabetically, all future references to the numbered salmonid listings 
at 50 CFR 223.102(c) will be changed to reference the entire NMFS List 
at ``223.102.'' Furthermore, we propose to modify the text in 50 CFR 
223.203 to clarify that the regulations are specific to threatened West 
Coast salmon ESUs and steelhead DPSs (of the genus Oncorhynchus), and 
not applicable to other anadromous fishes (e.g., eulachon). Therefore, 
we propose to change the current language in the regulations from 
``threatened species of salmonids listed'' to ``threatened West Coast 
salmon ESUs and steelhead DPSs (of the genus Oncorhynchus) listed'';
    (3) Our regulations at 50 CFR 223.208 currently refer to corals 
listed as threatened at ``223.102(d)''; however, for the reasons 
previously described in this notice, we propose to discontinue 
numbering the species in our NMFS Lists, and therefore propose to 
change these regulations to refer to the entire NMFS List at 
``223.102.'' Similarly, our regulations at 50 CFR 223.210 and 50 CFR 
223.211 currently refer to the Southern DPS of North American green 
sturgeon listed at ``223.102(c)(1)'' and the Southern DPS of spotted 
seal listed at ``223.102(a)(3),'' respectively. We propose to change 
these regulations to refer to the entire threatened NMFS List at 
``223.102.''

References

    Copies of previous Federal Register notices and related reference 
materials are available on the Internet at http://www.nmfs.noaa.gov/pr/listing/reviews.htm, http://www.nwr.noaa.gov, or upon request (see FOR 
FURTHER INFORMATION CONTACT section above).

Classification

Regulatory Flexibility Act (5 U.S.C. 601 et seq.) and Executive Order 
13211

    This proposed rule simply updates sections 223 and 224 of the CFR 
with information that has already been approved or involves format 
changes, none of which could result in economic impacts. Therefore, the 
economic analysis requirements of the Regulatory Flexibility Act and 
Executive Order 12866 are not applicable.

Federalism

    In accordance with Executive Order 13132, we determined that this 
proposed rule does not have significant Federalism effects and that a 
Federalism assessment is not required. The proposed revisions may have 
some benefit to state and local resource agencies in that the ESA-
listed species addressed in this rulemaking are more clearly and 
consistently described.

Civil Justice Reform

    The Department of Commerce has determined that this proposed rule 
does not unduly burden the judicial system and meets the requirements 
of sections 3(a) and 3(b)(2) of Executive Order 12988. In keeping with 
that Order, we are proposing revisions to our

[[Page 38276]]

descriptions of ESA-listed species that will improve the clarity and 
general draftsmanship of our regulations.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

    This proposed rule does not contain new or revised information 
collection requirements for which Office of Management and Budget (OMB) 
approval is required under the Paperwork Reduction Act. This proposed 
rule will not impose recordkeeping or reporting requirements on state 
or local governments, individuals, businesses, or organizations. 
Notwithstanding any other provision of the law, no person is required 
to respond to, nor shall any person be subject to a penalty for failure 
to comply with, a collection of information subject to the requirements 
of the PRA, unless that collection of information displays a currently 
valid OMB Control Number.

National Environmental Policy Act of 1969 (NEPA)

    This proposed rule clarifies and updates the descriptions of 
species under NMFS' jurisdiction that are currently listed as 
threatened or endangered under the ESA and thus primarily 
administrative in nature. As such, NMFS has determined this proposed 
rule is categorically excluded from further NEPA review by NOAA 
Administrative Order 216-6, paragraph 6.03c.3(i). No extraordinary 
circumstances concerning this action exist. Therefore, NMFS will not 
prepare an Environmental Assessment or Environmental Impacts statement 
for the rule.

Government-to-Government Relationship With Tribes

    Executive Order 13084 requires that if NMFS issues a regulation 
that significantly or uniquely affects the communities of Indian tribal 
governments and imposes substantial direct compliance costs on those 
communities, NMFS must consult with those governments or the Federal 
government must provide the funds necessary to pay the direct 
compliance costs incurred by the tribal governments. This proposed rule 
does not impose substantial direct compliance costs on Indian tribal 
governments or communities. Accordingly, the requirements of section 
3(b) of E.O. 13084 do not apply to this final rule. Nonetheless, during 
our 5-year review of salmon and steelhead we solicited information from 
the tribes, met with several tribal governments and associated tribal 
fisheries commissions, and provided the opportunity for all interested 
tribes to comment on the proposed changes to the species' status and 
descriptions and discuss any concerns they may have. We will continue 
to inform potentially affected tribal governments, solicit their input, 
and coordinate on future management actions pertaining to the listed 
species addressed in this proposed rule.

List of Subjects

50 CFR Part 223

    Endangered and threatened species, Exports, Imports, 
Transportation.

50 CFR Part 224

    Administrative practice and procedure, Endangered and threatened 
species, Exports, Imports, Reporting and recordkeeping requirements, 
Transportation.

    Dated: June 18, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 223 is 
proposed to be amended as follows:

PART 223--THREATENED MARINE AND ANADROMOUS SPECIES

0
1. The authority citation for part 223 continues to read as follows:

    Authority:  16 U.S.C. 1531-1543; subpart B, Sec.  223.201-202 
also issued under 16 U.S.C. 1361 et seq.; 16 U.S.C. 5503(d) for 
Sec.  223.206(d)(9).

0
2. Revise Sec.  223.101 paragraph (a) to read as follows:


Sec.  223.101  Purpose and scope.

    (a) The regulations contained in this part identify the species 
under the jurisdiction of the Secretary of Commerce that have been 
determined to be threatened species pursuant to section 4(a) of the 
Act, and provide for the conservation of such species by establishing 
rules and procedures to govern activities involving the species.
* * * * *
0
3. Revise Sec.  223.102 to read as follows:


Sec.  223.102  Enumeration of threatened marine and anadromous species.

    (a) The table below identifies the species under the jurisdiction 
of the Secretary of Commerce that have been determined to be threatened 
pursuant to section 4(a) of the Act, as well as species treated as 
threatened because they are sufficiently similar in appearance to 
threatened species, and experimental populations of threatened species.
    (b) The columns entitled ``Common name,'' ``Scientific name,'' and 
``Description of listed entity'' define the species within the meaning 
of the Act. In the ``Common name'' column, experimental populations are 
identified as ``XE'' for essential populations or ``XN'' for 
nonessential populations. Species listed based on similarity of 
appearance are identified as ``S/A.'' Although a column for ``Common 
name'' is included, common names cannot be relied upon for 
identification of any specimen, because they may vary greatly in local 
usage. The ``Scientific name'' column provides the most recently 
accepted scientific name, relying to the extent practicable on the 
International Code of Zoological Nomenclature. In cases in which 
confusion might arise, a synonym(s) will be provided in parentheses. 
The ``Description of listed entity'' column identifies whether the 
listed entity comprises the entire species, a subspecies, or a distinct 
population segment (DPS) and provides a description for any DPSs. 
Unless otherwise indicated in the ``Description of listed entity'' 
column, all individual members of the listed entity and their progeny 
retain their listing status wherever found, including individuals in 
captivity. Information regarding the general range of the species, 
subspecies, or DPS may be found in the Federal Register notice cited in 
the ``Citation(s) for listing determination(s)'' column.
    (c) The ``Citation(s) for listing determination(s)'' column 
provides reference to the Federal Register notice(s) determining the 
species' status under the Act. The abbreviation ``(SPR)'' (significant 
portion of its range) after a citation indicates that the species was 
listed based on its status in a significant portion of its range. If a 
citation does not include the ``(SPR)'' notation, it means that the 
species was listed based on its status throughout its entire range. For 
``(SPR)'' listings, a geographical description of the SPR may be found 
in the referenced Federal Register notice. The ``(SPR)'' notation 
serves an informational purpose only and does not imply any limitation 
on the application of the prohibitions or restrictions of the Act or 
implementing rules.
    (d) The ``Critical habitat'' and ``ESA rules'' columns provide 
cross-references to other sections in this part and part 226. The term 
``NA'' appearing in either of these columns indicates that there are no 
critical habitat designations or ESA rules for that species. However, 
all other applicable rules in parts 222 through

[[Page 38277]]

226 and part 402 still apply to that species. Also, there may be other 
rules in this title that relate to such wildlife. The ``ESA rules'' 
column is not intended to list all Federal, state, tribal, or local 
governmental regulations that may apply to the species.
    (e) The threatened species under the jurisdiction of the Secretary 
of Commerce are:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                               Species \1\
---------------------------------------------------------------------------------------------------------- Citation(s) for listing   Critical  ESA rules
             Common name                  Scientific name             Description of listed entity             determination(s)      habitat
--------------------------------------------------------------------------------------------------------------------------------------------------------
Marine Mammals:
    Sea lion, Steller (Eastern DPS).  Eumetopias jubatus.....  Steller sea lions born in the wild east of  55 FR 13488, Apr 10,       226.202   223.202,
                                                                144[deg] W. Long. Also, Steller sea lions   1990; 62 FR 24345, May               226.202
                                                                born in captivity whose mother was born     5, 1997.
                                                                in the wild east of 144[deg] W. Long.,
                                                                and progeny of these captives.
    Seal, Arctic ringed.............  Phoca (=Pusa) hispida    Entire subspecies.........................  77 FR 76706, Dec 28,            NA         NA
                                       hispida.                                                             2012.
    Seal, Baltic ringed.............  Phoca (=Pusa) hispida    Entire subspecies.........................  77 FR 76706, Dec 28,            NA         NA
                                       botnica.                                                             2012.
    Seal, bearded (Beringia DPS)....  Erignathus barbatus      Bearded seals originating from breeding     77 FR 76740, Dec 28,            NA         NA
                                       nauticus.                areas in the Arctic Ocean and adjacent      2012.
                                                                seas in the Pacific Ocean between
                                                                145[deg] E. Long. (Novosibirskiye) and
                                                                130[deg] W. Long., and east of 157[deg]
                                                                E. Long or east of the Kamchatka
                                                                Peninsula.
    Seal, bearded (Okhotsk DPS).....  Erignathus barbatus      Bearded seals originating from breeding     77 FR 76740, Dec 28,            NA         NA
                                       nauticus.                areas in the Pacific Ocean west of          2012.
                                                                157[deg] E. Long. or west of the
                                                                Kamchatka Peninsula.
    Seal, Guadalupe fur.............  Arctocephalus townsendi  Entire species............................  50 FR 51252, Dec 16,            NA    223.201
                                                                                                            1985.
    Seal, Okhotsk ringed............  Phoca (=Pusa) hispida    Entire subspecies.........................  77 FR 76706, Dec 28,            NA         NA
                                       ochotensis.                                                          2012.
    Seal, spotted (Southern DPS)....  Phoca largha...........  Spotted seals originating from breeding     75 FR 65239, Oct 22,            NA    223.211
                                                                areas in the Pacific Ocean south of         2010.
                                                                43[deg] N. Lat.
Sea Turtles: \2\
    Sea turtle, green...............  Chelonia mydas.........  Entire species, except when listed as       43 FR 32800, Jul 28,       226.208   223.205,
                                                                endangered under Sec.   224.101.            1978.                               223.206,
                                                                                                                                                 223.207
    Sea turtle, loggerhead            Caretta caretta........  Loggerhead sea turtles originating from     76 FR 58868, Sep 22,            NA   223.205,
     (Northwest Atlantic Ocean DPS)                             the Northwest Atlantic Ocean west of        2011.                               223.206,
                                                                40[deg] W. Long.                                                                 223.207
    Sea turtle, loggerhead (South     Caretta caretta........  Loggerhead sea turtles originating from     76 FR 58868, Sep 22,            NA   223.205,
     Atlantic Ocean DPS)                                        the South Atlantic Ocean west of 20[deg]    2011.                               223.206,
                                                                E. Long. and east of 67[deg] W. Long.                                            223.207
    Sea turtle, loggerhead            Caretta caretta........  Loggerhead sea turtles originating from     76 FR 58868, Sep 22,            NA   223.205,
     (Southeast Indo-Pacific Ocean                              the Southeast Indian Ocean east of          2011.                               223.206,
     DPS)                                                       80[deg] E. Long. and from the South                                              223.207
                                                                Pacific Ocean west of 141[deg] E. Long.
    Sea turtle, loggerhead            Caretta caretta........  Loggerhead sea turtles originating from     76 FR 58868, Sep 22,            NA   223.205,
     (Southwest Indian Ocean DPS)                               the Southwest Indian Ocean west of          2011.                               223.206,
                                                                80[deg] E. Long., and east of 20[deg] E.                                         223.207
                                                                Long.
    Sea turtle, olive ridley........  Lepidochelys olivacea..  Entire species, except when listed as       43 FR 32800, Jul 28,            NA   223.205,
                                                                endangered under Sec.   224.101.            1978.                               223.206,
                                                                                                                                                 223.207
Fishes:
    Eulachon (Southern DPS).........  Thaleichthys pacificus.  Eulachon originating from the Skeena River  75 FR 13012, Mar 18,       226.222         NA
                                                                in British Columbia south to and            2010.
                                                                including the Mad River in northern
                                                                California.
    Rockfish, canary (Puget Sound/    Sebastes pinniger......  Canary rockfish originating from Puget      75 FR 22276, Apr 28,            NA         NA
     Georgia Basin DPS).                                        Sound and the Georgia Basin.                2010.
    Rockfish, yelloweye (Puget Sound/ Sebastes ruberrimus....  Yelloweye rockfish originating from Puget   75 FR 22276, Apr 28,            NA         NA
     Georgia Basin DPS).                                        Sound and the Georgia Basin.                2010.
    Salmon, Chinook (California       Oncorhynchus             Naturally spawned Chinook salmon            70 FR 37160, Jun 28,       226.211    223.203
     Coastal ESU).                     tshawytscha.             originating from rivers and streams south   2005.
                                                                of the Klamath River to and including the
                                                                Russian River.
    Salmon, Chinook (Central Valley   Oncorhynchus             Naturally spawned spring-run Chinook        70 FR 37160, Jun 28,       226.211    223.203
     spring-run ESU).                  tshawytscha.             salmon originating from the Sacramento      2005.
                                                                River and its tributaries. Also, spring-
                                                                run Chinook salmon from the Feather River
                                                                Hatchery spring-run Chinook Program.
    Salmon, Chinook (Lower Columbia   Oncorhynchus             Naturally spawned Chinook salmon            70 FR 37160, Jun 28,       226.212    223.203
     River ESU)                        tshawytscha.             originating from the Columbia River and     2005.
                                                                its tributaries downstream of a
                                                                transitional point east of the Hood and
                                                                White Salmon Rivers, and any such fish
                                                                originating from the Willamette River and
                                                                its tributaries below Willamette Falls.
                                                                Not included in this DPS are: (1) Spring-
                                                                run Chinook salmon originating from the
                                                                Clackamas River; (2) fall-run Chinook
                                                                salmon originating from Upper Columbia
                                                                River Bright hatchery stocks, that spawn
                                                                in the mainstem Columbia River below
                                                                Bonneville Dam and in other tributaries
                                                                upstream from the dam to the Hood and
                                                                White Salmon Rivers; (3) spring-run
                                                                Chinook salmon originating from the Round
                                                                Butte Hatchery (Deschutes River, Oregon)
                                                                and spawning in the Hood River; (4)
                                                                spring-run Chinook salmon originating
                                                                from the Carson National Fish hatchery
                                                                and spawning in the Wind River; and (5)
                                                                naturally spawning Chinook salmon
                                                                originating from the Rogue River Fall
                                                                Chinook Program. This DPS does include
                                                                Chinook salmon from 20 artificial
                                                                propagation programs: The Sea Resources
                                                                Tule Chinook Program; Big Creek Tule
                                                                Chinook Program; Astoria High School
                                                                Salmon-Trout Enhancement Program (STEP)
                                                                Tule Chinook Program; Warrenton High
                                                                School STEP Tule Chinook Program; Cowlitz
                                                                Tule Chinook Program; North Fork Toutle
                                                                Tule Chinook Program; Kalama Tule Chinook
                                                                Program; Washougal River Tule Chinook
                                                                Program; Spring Creek National Fish
                                                                Hatchery (NFH) Tule Chinook Program;
                                                                Cowlitz Spring Chinook Program in the
                                                                Upper Cowlitz River and the Cispus River;
                                                                Friends of the Cowlitz Spring Chinook
                                                                Program; Kalama River Spring Chinook
                                                                Program; Lewis River Spring Chinook
                                                                Program; Fish First Spring Chinook
                                                                Program; Sandy River Hatchery (Oregon
                                                                Department of Fish and Wildlife Stock
                                                                11); Deep River Net Pens Tule
                                                                Fall Chinook Program; Klaskanine Hatchery
                                                                Tule Fall Chinook Program; Bonneville
                                                                Hatchery Tule Fall Chinook Program; and
                                                                the Little White Salmon NFH Tule Fall
                                                                Chinook Program.

[[Page 38278]]

 
    Salmon, Chinook (Puget Sound      Oncorhynchus             Naturally spawned Chinook salmon            70 FR 37160, Jun 28,       226.212    223.203
     ESU).                             tshawytscha.             originating from rivers flowing into        2005.
                                                                Puget Sound from the Elwha River
                                                                (inclusive) eastward, including rivers in
                                                                Hood Canal, South Sound, North Sound and
                                                                the Strait of Georgia. Also, Chinook
                                                                salmon from 27 artificial propagation
                                                                programs: The Kendall Creek Hatchery
                                                                Program; Marblemount Hatchery Program
                                                                (spring yearlings, spring subyearlings,
                                                                and summer-run); Harvey Creek Hatchery
                                                                Program (summer-run and fall-run);
                                                                Whitehorse Springs Pond Program; Wallace
                                                                River Hatchery Program (yearlings and
                                                                subyearlings); Tulalip Bay Program;
                                                                Issaquah Hatchery Program; Soos Creek
                                                                Hatchery Program; Icy Creek Hatchery
                                                                Program; Keta Creek Hatchery Program;
                                                                White River Hatchery Program; White
                                                                Acclimation Pond Program; Hupp Springs
                                                                Hatchery Program; Voights Creek Hatchery
                                                                Program; Diru Creek Program; Clear Creek
                                                                Program; Kalama Creek Program; George
                                                                Adams Hatchery Program; Rick's Pond
                                                                Hatchery Program; Hamma Hamma Hatchery
                                                                Program; Dungeness/Hurd Creek Hatchery
                                                                Program; Elwha Channel Hatchery Program;
                                                                and the Skookum Creek Hatchery Spring-run
                                                                Program.
    Salmon, Chinook (Snake River      Oncorhynchus             Naturally spawned fall-run Chinook salmon   70 FR 37160, Jun 28,       226.205    223.203
     fall-run ESU).                    tshawytscha.             originating from the mainstem Snake River   2005.
                                                                below Hells Canyon Dam and from the
                                                                Tucannon River, Grande Ronde River,
                                                                Imnaha River, Salmon River, and
                                                                Clearwater River subbasins. Also, fall-
                                                                run Chinook salmon from four artificial
                                                                propagation programs: The Lyons Ferry
                                                                Hatchery Program; Fall Chinook
                                                                Acclimation Ponds Program; Nez Perce
                                                                Tribal Hatchery Program; and the Oxbow
                                                                Hatchery Program.
    Salmon, Chinook (Snake River      Oncorhynchus             Naturally spawned spring/summer-run         70 FR 37160, Jun 28,       226.205    223.203
     spring/summer-run ESU).           tshawytscha.             Chinook salmon originating from the         2005.
                                                                mainstem Snake River and the Tucannon
                                                                River, Grande Ronde River, Imnaha River,
                                                                and Salmon River subbasins. Also, spring/
                                                                summer-run Chinook salmon from 11
                                                                artificial propagation programs: The
                                                                Tucannon River Program; Lostine River
                                                                Program; Catherine Creek Program;
                                                                Lookingglass Hatchery Program; Upper
                                                                Grande Ronde Program; Imnaha River
                                                                Program; Big Sheep Creek Program; McCall
                                                                Hatchery Program; Johnson Creek
                                                                Artificial Propagation Enhancement
                                                                Program; Pahsimeroi Hatchery Program; and
                                                                the Sawtooth Hatchery Program.
    Salmon, Chinook (Upper            Oncorhynchus             Naturally spawned spring-run Chinook        70 FR 37160, Jun 28,       226.212    223.203
     Willamette River ESU).            tshawytscha.             salmon originating from the Clackamas       2005.
                                                                River and from the Willamette River and
                                                                its tributaries above Willamette Falls.
                                                                Also, spring-run Chinook salmon from six
                                                                artificial propagation programs: The
                                                                McKenzie River Hatchery Program (Oregon
                                                                Department of Fish and Wildlife (ODFW)
                                                                Stock 23); Marion Forks Hatchery/
                                                                North Fork Santiam River Program (ODFW
                                                                Stock 21); South Santiam
                                                                Hatchery Program (ODFW Stock 24)
                                                                in the South Fork Santiam River and
                                                                Mollala River; Willamette Hatchery
                                                                Program (ODFW Stock 22); and the
                                                                Clackamas Hatchery Program (ODFW Stock
                                                                19).
    Salmon, chum (Columbia River      Oncorhynchus keta......  Naturally spawned chum salmon originating   70 FR 37160, Jun 28,       226.212    223.203
     ESU).                                                      from the Columbia River and its             2005.
                                                                tributaries in Washington and Oregon.
                                                                Also, chum salmon from three artificial
                                                                propagation programs: The Chinook River
                                                                Program (Sea Resources Hatchery); Grays
                                                                River Program; and the Washougal River
                                                                Hatchery/Duncan Creek Hatchery Program.
    Salmon, chum (Hood Canal summer-  Oncorhynchus keta......  Naturally spawned summer-run chum salmon    70 FR 37160, Jun 28,       226.212    223.203
     run ESU).                                                  originating from Hood Canal and its         2005.
                                                                tributaries as well as from Olympic
                                                                Peninsula rivers between Hood Canal and
                                                                Dungeness Bay (inclusive). Also, summer-
                                                                run chum salmon from four artificial
                                                                propagation programs: The Hamma Hamma
                                                                Fish Hatchery Program; Lilliwaup Creek
                                                                Fish Hatchery Program; Tahuya River
                                                                Program; and the Jimmycomelately Creek
                                                                Fish Hatchery Program.
    Salmon, coho (Lower Columbia      Oncorhynchus kisutch...  Naturally spawned coho salmon originating   70 FR 37160, Jun 28,            NA    223.203
     River ESU).                                                from the Columbia River and its             2005.
                                                                tributaries downstream from the Big White
                                                                Salmon and Hood Rivers (inclusive) and
                                                                any such fish originating from the
                                                                Willamette River and its tributaries
                                                                below Willamette Falls. Also, coho salmon
                                                                from 23 artificial propagation programs:
                                                                The Grays River Program; Sea Resources
                                                                Hatchery Program; Peterson Coho Project;
                                                                Big Creek Hatchery Program (Oregon
                                                                Department of Fish and Wildlife (ODFW)
                                                                Stock 13); Astoria High School
                                                                Salmon-Trout Enhancement Program (STEP)
                                                                Coho Program; Warrenton High School STEP
                                                                Coho Program; Cathlamet High School
                                                                Future Farmers of America Type-N Coho
                                                                Program; Cowlitz Type-N Coho Program in
                                                                the Upper and Lower Cowlitz Rivers;
                                                                Cowlitz Game and Anglers Coho Program;
                                                                Friends of the Cowlitz Coho Program;
                                                                North Fork Toutle River Hatchery Program;
                                                                Kalama River Type-N Coho Program; Kalama
                                                                River Type-S Coho Program; Lewis River
                                                                Type-N Coho Program; Lewis River Type-S
                                                                Coho Program; Fish First Wild Coho
                                                                Program; Fish First Type-N Coho Program;
                                                                Syverson Project Type-N Coho Program;
                                                                Washougal River Type-N Coho Program;
                                                                Eagle Creek National Fish Hatchery
                                                                Program; Sandy Hatchery Program (ODFW
                                                                Stock 11); and the Bonneville/
                                                                Cascade/Oxbow Complex (ODFW Stock 14) Hatchery Program.
    Salmon, coho (Oregon Coast ESU).  Oncorhynchus kisutch...  Naturally spawned coho salmon originating   76 FR 35755, Jun 20,       226.212    223.203
                                                                from coastal rivers south of the Columbia   2011.
                                                                River and north of Cape Blanco. Also,
                                                                coho salmon from one artificial
                                                                propagation program: The Cow Creek
                                                                Hatchery Program (Oregon Department of
                                                                Fish and Wildlife Stock 18).
    Salmon, coho (Southern Oregon/    Oncorhynchus kisutch...  Naturally spawned coho salmon originating   70 FR 37160, Jun 28,       226.210    223.203
     Northern California Coast ESU).                            from coastal streams and rivers between     2005.
                                                                Cape Blanco, Oregon and Punta Gorda,
                                                                California. Also, coho salmon from three
                                                                artificial propagation programs: The Cole
                                                                Rivers Hatchery Program (ODFW Stock
                                                                 52); Trinity River Hatchery
                                                                Program; and the Iron Gate Hatchery
                                                                Program.
    Salmon, sockeye (Ozette Lake      Oncorhynchus nerka.....  Naturally spawned sockeye salmon            70 FR 37160, Jun 28,       226.212    223.203
     ESU).                                                      originating from the Ozette River and       2005.
                                                                Ozette Lake and its tributaries. Also,
                                                                sockeye salmon from two artificial
                                                                propagation programs: The Umbrella Creek
                                                                Hatchery Program; and the Big River
                                                                Hatchery Program.

[[Page 38279]]

 
    Steelhead (California Central     Oncorhynchus mykiss....  Naturally spawned anadromous O. mykiss      71 FR 834, Jan 5, 2006.    226.211    223.203
     Valley DPS).                                               (steelhead) originating below natural and
                                                                manmade impassable barriers from the
                                                                Sacramento and San Joaquin Rivers and
                                                                their tributaries; excludes such fish
                                                                originating from San Francisco and San
                                                                Pablo Bays and their tributaries. This
                                                                DPS does include steelhead from two
                                                                artificial propagation programs: The
                                                                Coleman National Fish Hatchery Program,
                                                                and the Feather River Fish Hatchery
                                                                Program.
    Steelhead (Central California     Oncorhynchus mykiss....  Naturally spawned anadromous O. mykiss      71 FR 834, Jan 5, 2006.    226.211    223.203
     Coast DPS).                                                (steelhead) originating below natural and
                                                                manmade impassable barriers from the
                                                                Russian River to and including Aptos
                                                                Creek, and all drainages of San Francisco
                                                                and San Pablo Bays eastward to Chipps
                                                                Island at the confluence of the
                                                                Sacramento and San Joaquin rivers. Also,
                                                                steelhead from two artificial propagation
                                                                programs: The Don Clausen Fish Hatchery
                                                                Program, and the Kingfisher Flat Hatchery
                                                                Program (Monterey Bay Salmon and Trout
                                                                Project).
    Steelhead (Lower Columbia River   Oncorhynchus mykiss....  Naturally spawned anadromous O. mykiss      71 FR 834, Jan 5, 2006.    226.212    223.203
     DPS).                                                      (steelhead) originating below natural and
                                                                manmade impassable barriers from rivers
                                                                between the Cowlitz and Wind Rivers
                                                                (inclusive) and the Willamette and Hood
                                                                Rivers (inclusive); excludes such fish
                                                                originating from the upper Willamette
                                                                River basin above Willamette Falls. This
                                                                DPS does include steelhead from seven
                                                                artificial propagation programs: The
                                                                Cowlitz Trout Hatchery Late Winter-run
                                                                Program (Lower Cowlitz); Kalama River
                                                                Wild Winter-run and Summer-run Programs;
                                                                Clackamas Hatchery Late Winter-run
                                                                Program (Oregon Department of Fish and
                                                                Wildlife (ODFW) Stock 122);
                                                                Sandy Hatchery Late Winter-run Program
                                                                (ODFW Stock 11); Hood River
                                                                Winter-run Program (ODFW Stock 50); and the Lewis River Wild Late-run
                                                                Winter Steelhead Program.
    Steelhead (Middle Columbia River  Oncorhynchus mykiss....  Naturally spawned anadromous O. mykiss      71 FR 834, Jan 5, 2006.    226.212    223.203
     DPS).                                                      (steelhead) originating below natural and
                                                                manmade impassable barriers from the
                                                                Columbia River and its tributaries
                                                                upstream of the Wind and Hood Rivers
                                                                (exclusive) to and including the Yakima
                                                                River; excludes such fish originating
                                                                from the Snake River basin. This DPS does
                                                                include steelhead from seven artificial
                                                                propagation programs: The Touchet River
                                                                Endemic Program; Yakima River Kelt
                                                                Reconditioning Program (in Satus Creek,
                                                                Toppenish Creek, Naches River, and Upper
                                                                Yakima River); Umatilla River Program
                                                                (Oregon Department of Fish and Wildlife
                                                                (ODFW) Stock 91); and the
                                                                Deschutes River Program (ODFW Stock
                                                                66). This DPS does not include
                                                                steelhead that are designated as part of
                                                                an experimental population.
    Steelhead (Middle Columbia River  Oncorhynchus mykiss....  Middle Columbia River steelhead only when,  78 FR 2893, Jan. 15,           N/A    223.301
     DPS-XN).                                                   and at such times as, they are found        2013.
                                                                above Round Butte Dam.
    Steelhead (Northern California    Oncorhynchus mykiss....  Naturally spawned anadromous O. mykiss      71 FR 834, Jan 5, 2006.    226.211    223.203
     DPS).                                                      (steelhead) originating below natural and
                                                                manmade impassable barriers in California
                                                                coastal river basins from Redwood Creek
                                                                to and including the Gualala River.
    Steelhead (Puget Sound DPS).....  Oncorhynchus mykiss....  Naturally spawned anadromous O. mykiss      72 FR 26722, May 11,            NA    223.203
                                                                (steelhead) originating below natural and   2007.
                                                                manmade impassable barriers from rivers
                                                                flowing into Puget Sound from the Elwha
                                                                River (inclusive) eastward, including
                                                                rivers in Hood Canal, South Sound, North
                                                                Sound and the Strait of Georgia. Also,
                                                                steelhead from six artificial propagation
                                                                programs: The Green River Natural
                                                                Program; White River Winter Steelhead
                                                                Supplementation Program; Hood Canal
                                                                Steelhead Supplementation Off-station
                                                                Projects in the Dewatto, Skokomish, and
                                                                Duckabush Rivers; and the Lower Elwha
                                                                Fish Hatchery Wild Steelhead Recovery
                                                                Program.
    Steelhead (Snake River Basin      Oncorhynchus mykiss....  Naturally spawned anadromous O. mykiss      71 FR 834, Jan 5, 2006.    226.212    223.203
     DPS).                                                      (steelhead) originating below natural and
                                                                manmade impassable barriers from the
                                                                Snake River basin. Also, steelhead from
                                                                six artificial propagation programs: The
                                                                Tucannon River Program; Dworshak National
                                                                Fish Hatchery Program; Lolo Creek
                                                                Program; North Fork Clearwater Program;
                                                                East Fork Salmon River Program; and the
                                                                Little Sheep Creek/Imnaha River Hatchery
                                                                Program (Oregon Department of Fish and
                                                                Wildlife Stock 29).
    Steelhead (South-Central          Oncorhynchus mykiss....  Naturally spawned anadromous O. mykiss      71 FR 834, Jan 5, 2006.    226.211    223.203
     California Coast DPS).                                     (steelhead) originating below natural and
                                                                manmade impassable barriers from the
                                                                Pajaro River to (but not including) the
                                                                Santa Maria River.
    Steelhead (Upper Columbia River   Oncorhynchus mykiss....  Naturally spawned anadromous O. mykiss      71 FR 834, Jan 5, 2006.    226.212    223.203
     DPS).                                                      (steelhead) originating below natural and
                                                                manmade impassable barriers from the
                                                                Columbia River and its tributaries
                                                                upstream of the Yakima River to the U.S.-
                                                                Canada border. Also, steelhead from six
                                                                artificial propagation programs: The
                                                                Wenatchee River Program; Wells Hatchery
                                                                Program (in the Methow and Okanogan
                                                                Rivers); Winthrop National Fish Hatchery
                                                                Program; Omak Creek Program; and the
                                                                Ringold Hatchery Program.
    Steelhead (Upper Willamette       Oncorhynchus mykiss....  Naturally spawned anadromous winter-run O.  71 FR 834, Jan 5, 2006.    226.212    223.203
     River DPS).                                                mykiss (steelhead) originating below
                                                                natural and manmade impassable barriers
                                                                from the Willamette River and its
                                                                tributaries upstream of Willamette Falls
                                                                to and including the Calapooia River.
    Sturgeon, Atlantic (Gulf of       Acipenser oxyrinchus     Anadromous Atlantic sturgeon originating    77 FR 5880, Feb 6, 2012         NA         NA
     Maine DPS).                       oxyrinchus.              from watersheds from the Maine/Canadian
                                                                border and extending southward to include
                                                                all associated watersheds draining into
                                                                the Gulf of Maine as far south as
                                                                Chatham, MA.
    Sturgeon, Gulf..................  Acipenser oxyrinchus     Entire subspecies.........................  56 FR 49653, Sep 30,       226.214   17.44(v)
                                       desotoi.                                                             1991.
    Sturgeon, North American green    Acipenser medirostris..  Green sturgeon originating from coastal     71 FR 17757, April 7,      226.219    223.210
     (Southern DPS).                                            rivers south of the Eel River (exclusive)   2006; 71 FR 19241,
                                                                and the Sacramento River basin.             April 13, 2006.
Marine Invertebrates:
    Coral, elkhorn..................  Acropora palmata.......  Entire species............................  71 FR 26852, May 9,        226.216    223.208
                                                                                                            2006.
    Coral, staghorn.................  Acropora cervicornis...  Entire species............................  71 FR 26852, May 9,        226.216    223.208
                                                                                                            2006.
Marine Plants:

[[Page 38280]]

 
    Seagrass, Johnson's.............  Halophila johnsonii....  Entire species............................  63 FR 49035, Sep 14,       226.213         NA
                                                                                                            1998.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 1996), and
  evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991).
\2\ Jurisdiction for sea turtles by the Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, is
  limited to turtles while in the water.
[71 FR 26861, May 9, 2006, as amended at 71 FR 31965, June 2, 2006; 71 FR 38270, July 6, 2006; 72 FR 26734, May 11, 2007; 73 FR 7843, Feb. 11, 2008; 73
  FR 72236, Nov. 26, 2008; 74 FR 42606, Aug. 24, 2009; 75 FR 13024, Mar. 18, 2010; 75 FR 22289, Apr. 28, 2010; 75 FR 65248, Oct. 22, 2010; 76 FR 35771,
  June 20, 2011; 76 FR 58951, Sept. 22, 2011; 77 FR 5911, Feb. 6, 2012].

0
4. In Sec.  223.201, paragraph (b)(1) is revised to read as follows:


Sec.  223.201  Guadalupe fur seal.

* * * * *
    (b) Exceptions. (1) The Assistant Administrator may issue permits 
authorizing activities which would otherwise be prohibited under 
paragraph (a) of this section subject to the provisions of part 222 
subpart C--General Permit Procedures.
* * * * *
0
5. In Sec.  223.203,
0
(a) Revise paragraph (a) and the introductory text of paragraph (b);
0
(b) Revise paragraph (b)(1) and the introductory text of paragraphs 
(b)(2), (b)(3), and (b)(4);
0
(c) Remove and reserve paragraph (b)(4)(v);
0
(d) Revise the introductory text of paragraphs (b)(5), (b)(6), (b)(7), 
(b)(8), (b)(9), (b)(10), (b)(11), (b)(12), and (b)(13); and,
0
(e) Revise the first sentence of paragraph (c) to read as follows:


Sec.  223.203  Anadromous fish.

    (a) Prohibitions. The prohibitions of section 9(a)(1) of the ESA 
(16 U.S.C. 1538(a)(1)) relating to endangered species apply to fish 
with an intact adipose fin that are part of the threatened West Coast 
salmon ESUs and steelhead DPSs (of the genus Oncorhynchus) listed in 
Sec.  223.102.
    (b) Limits on the prohibitions. The limits to the prohibitions of 
paragraph (a) of this section relating to threatened West Coast salmon 
ESUs and steelhead DPSs (of the genus Oncorhynchus) listed in Sec.  
223.102 are described in the following paragraphs (b)(1) through 
(b)(13):
    (1) The exceptions of section 10 of the ESA (16 U.S.C. 1539) and 
other exceptions under the Act relating to endangered species, 
including regulations in part 222 of this chapter implementing such 
exceptions, also apply to the threatened West Coast salmon ESUs and 
steelhead DPSs (of the genus Oncorhynchus) listed in Sec.  223.102.
    (2) The prohibitions of paragraph (a) of this section relating to 
threatened Puget Sound steelhead listed in Sec.  223.102 do not apply 
to:
* * * * *
    (3) The prohibitions of paragraph (a) of this section relating to 
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus 
Oncorhynchus) listed in Sec.  223.102 do not apply to any employee or 
designee of NMFS, the United States Fish and Wildlife Service, any 
Federal land management agency, the Idaho Department of Fish and Game 
(IDFG), Washington Department of Fish and Wildlife (WDFW), the Oregon 
Department of Fish and Wildlife (ODFW), California Department of Fish 
and Game (CDFG), or of any other governmental entity that has co-
management authority for the listed salmonids, when the employee or 
designee, acting in the course of his or her official duties, takes a 
threatened salmonid without a permit if such action is necessary to:
* * * * *
    (4) The prohibitions of paragraph (a) of this section relating to 
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus 
Oncorhynchus) listed in Sec.  223.102 do not apply to fishery harvest 
activities provided that:
* * * * *
    (v) [Reserved]
    (5) The prohibitions of paragraph (a) of this section relating to 
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus 
Oncorhynchus) listed in Sec.  223.102 do not apply to activity 
associated with artificial propagation programs provided that:
* * * * *
    (6) The prohibitions of paragraph (a) of this section relating to 
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus 
Oncorhynchus) listed in Sec.  223.102 do not apply to actions 
undertaken in compliance with a resource management plan developed 
jointly by the States of Washington, Oregon and/or Idaho and the Tribes 
(joint plan) within the continuing jurisdiction of United States v. 
Washington or United States v. Oregon, the on-going Federal court 
proceedings to enforce and implement reserved treaty fishing rights, 
provided that:
* * * * *
    (7) The prohibitions of paragraph (a) of this section relating to 
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus 
Oncorhynchus) listed in Sec.  223.102 do not apply to scientific 
research activities provided that:
* * * * *
    (8) The prohibitions of paragraph (a) of this section relating to 
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus 
Oncorhynchus) listed in Sec.  223.102 do not apply to habitat 
restoration activities, as defined in paragraph (b)(8)(iv) of this 
section, provided that the activity is part of a watershed conservation 
plan, and:
* * * * *
    (9) The prohibitions of paragraph (a) of this section relating to 
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus 
Oncorhynchus) listed in Sec.  223.102 do not apply to the physical 
diversion of water from a stream or lake, provided that:
* * * * *
    (10) The prohibitions of paragraph (a) of this section relating to 
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus 
Oncorhynchus) listed in Sec.  223.102 do not apply to routine road 
maintenance activities provided that:
* * * * *
    (11) The prohibitions of paragraph (a) of this section relating to 
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus 
Oncorhynchus) listed in Sec.  223.102 do not apply to activities within 
the City of Portland, Oregon Parks and Recreation Department's (PP&R) 
Pest Management Program (March 1997), including its Waterways Pest 
Management Policy updated December 1, 1999, provided that:
* * * * *
    (12) The prohibitions of paragraph (a) of this section relating to 
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus 
Oncorhynchus) listed in Sec.  223.102 do not apply to municipal, 
residential, commercial, and industrial (MRCI) development (including 
redevelopment) activities provided that:
* * * * *
    (13) The prohibitions of paragraph (a) of this section relating to 
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus 
Oncorhynchus) listed in Sec.  223.102 do not apply to non-Federal 
forest management activities

[[Page 38281]]

conducted in the State of Washington provided that:
* * * * *
    (c) Affirmative Defense. In connection with any action alleging a 
violation of the prohibitions of paragraph (a) of this section with 
respect to the threatened West Coast salmon ESUs and steelhead DPSs (of 
the genus Oncorhynchus) listed in Sec.  223.102, any person claiming 
the benefit of any limit listed in paragraph (b) of this section or 
Sec.  223.204(a) shall have a defense where the person can demonstrate 
that the limit is applicable and was in force, and that the person 
fully complied with the limit at the time of the alleged violation. * * 
*
* * * * *
0
6. In Sec.  223.208, paragraph (a)(1) is revised to read as follows:


Sec.  223.208  Corals.

    (a) * * *
    (1) The prohibitions of section 9(a)(1) of the ESA (16 U.S.C. 
1538(a)(1)) relating to endangered species apply to elkhorn (Acropora 
palmata) and staghorn (A. cervicornis) corals listed as threatened in 
Sec.  223.102, except as provided in Sec.  223.208(c).
* * * * *
0
7. In Sec.  223.210,
0
(a) Revise paragraphs (a) and (b), (b)(1) introductory text, paragraph 
(b)(2), (b)(3) introductory text, and (b)(4) introductory text;
0
(b) Revise paragraph (c), (c)(1) introductory text, and paragraphs 
(c)(2) and (c)(3); and,
0
(c) Revise paragraphs (d) and (e) to read as follows:


Sec.  223.210  North American green sturgeon.

    (a) Prohibitions. The prohibitions of section 9(a)(1)(A) through 
9(a)(1)(G) of the ESA (16 U.S.C. 1538) relating to endangered species 
apply to the threatened Southern Distinct Population Segment (DPS) of 
North American green sturgeon listed in Sec.  223.102.
    (b) Exceptions. Exceptions to the take prohibitions described in 
section 9(a)(1)(B) and (C) of the ESA (16 U.S.C. 1538(a)(1)(B) and (C)) 
applied in paragraph (a) of this section to the threatened Southern DPS 
listed in section 223.102 are described in the following paragraphs 
(b)(1) through (b)(3).
    (1) Scientific Research and Monitoring Exceptions. The prohibitions 
of paragraph (a) of this section relating to the threatened Southern 
DPS listed in Sec.  223.102 do not apply to ongoing or future Federal, 
state, or private-sponsored scientific research or monitoring 
activities if:
* * * * *
    (2) Enforcement Exception. The prohibitions of paragraph (a) of 
this section relating to the threatened Southern DPS listed in Sec.  
223.102 do not apply to any employee of NMFS, when the employee, acting 
in the course of his or her official duties, takes the Southern DPS 
listed in Sec.  223.102 without a permit, if such action is necessary 
for purposes of enforcing the ESA or its implementing regulations.
* * * * *
    (3) Emergency Fish Rescue and Salvage Exceptions. The prohibitions 
of paragraph (a) of this section relating to the threatened Southern 
DPS listed in Sec.  223.102 do not apply to emergency fish rescue and 
salvage activities that include aiding sick, injured, or stranded fish, 
disposing of dead fish, or salvaging dead fish for use in scientific 
studies, if:
* * * * *
    (4) Habitat Restoration Exceptions. The prohibitions of paragraph 
(a) of this section relating to the threatened Southern DPS listed in 
Sec.  223.102 do not apply to habitat restoration activities including 
barrier removal or modification to restore water flows, riverine or 
estuarine bed restoration, natural bank stabilization, restoration of 
native vegetation, removal of non-native species, or removal of 
contaminated sediments, that reestablish self-sustaining habitats for 
the Southern DPS, if:
* * * * *
    (c) Exemptions via ESA 4(d) Program Approval. Exemptions from the 
take prohibitions described in section 9(a)(1)(B) and (C) of the ESA 
(16 U.S.C. 1538(a)(1)(B) and (C)) applied in paragraph (a) of this 
section to the threatened Southern DPS listed in Sec.  223.102 are 
described in paragraphs (c)(1) through (c)(3) of this section.
    (1) Scientific Research and Monitoring Exemptions. The prohibitions 
of paragraph (a) of this section relating to the threatened Southern 
DPS listed in Sec.  223.102 do not apply to ongoing or future state-
sponsored scientific research or monitoring activities that are part of 
a NMFS-approved, ESA-compliant state 4(d) research program conducted 
by, or in coordination with, state fishery management agencies 
(California Department of Fish and Game, Oregon Department of Fish and 
Wildlife, Washington Department of Fish and Wildlife, or Alaska 
Department of Fish and Game), or as part of a monitoring and research 
program overseen by, or coordinated by, one of these agencies. State 
4(d) research programs must meet the following criteria:
* * * * *
    (2) Fisheries Exemptions. The prohibitions of paragraph (a) of this 
section relating to the threatened Southern DPS listed in Sec.  223.102 
do not apply to fisheries activities that are conducted in accordance 
with a NMFS-approved Fishery Management and Evaluation Plan (FMEP). If 
NMFS finds that an FMEP meets the criteria listed below, a letter of 
concurrence which sets forth the terms of the FMEP's implementation and 
the duties of the parties pursuant to the FMEP, will be issued to the 
applicant.
* * * * *
    (3) Tribal Exemptions. The prohibitions of paragraph (a) of this 
section relating to the threatened Southern DPS listed in Sec.  223.102 
do not apply to fishery harvest or other activities undertaken by a 
tribe, tribal member, tribal permittee, tribal employee, or tribal 
agent in Willapa Bay, WA, Grays Harbor, WA, Coos Bay, OR, Winchester 
Bay, OR, Humboldt Bay, CA, and any other area where tribal treaty 
fishing occurs, if those activities are compliant with a tribal 
resource management plan (Tribal Plan), provided that the Secretary 
determines that implementation of such Tribal Plan will not appreciably 
reduce the likelihood of survival and recovery of the Southern DPS. In 
making that determination the Secretary shall use the best available 
biological data (including any tribal data and analysis) to determine 
the Tribal Plan's impact on the biological requirements of the species, 
and will assess the effect of the Tribal Plan on survival and recovery, 
consistent with legally enforceable tribal rights and with the 
Secretary's trust responsibilities to tribes.
* * * * *
    (d) The exceptions of section 10 of the ESA (16 U.S.C. 1539) and 
other exceptions under the ESA relating to endangered species, 
including regulations in part 222 of this chapter II implementing such 
exceptions, also apply to the threatened Southern DPS of North American 
green sturgeon listed in Sec.  223.102. Federal, state, and private-
sponsored research activities for scientific research or enhancement 
purposes that are not covered under Scientific Research and Monitoring 
Exceptions as described in paragraph (b)(1) of this section or 
Scientific Research and Monitoring Exemptions as described in paragraph 
(c)(1) of this section, may take Southern DPS fish pursuant to the 
specifications of an ESA section 10 permit. Section 9(a)(1)(B) and 
(a)(1)(C) take prohibitions would not apply to ongoing research 
activities if an application for an ESA section

[[Page 38282]]

10(a)(1)(A) permit is received by NMFS, preferably through the NMFS 
online application Web site https://apps.nmfs.noaa.gov, no later than 
November 29, 2010. The take prohibitions would take effect if the 
permit application is rejected as insufficient or a permit is denied. 
If the permit application is received by November 29, 2010, ongoing 
research activities may continue without take prohibitions until NMFS 
issues or denies a permit.
    (e) Affirmative Defense. In connection with any action alleging a 
violation of the prohibitions of paragraph (a) of this section with 
respect to the threatened Southern DPS of North American green sturgeon 
listed in Sec.  223.102, any person claiming that his or her take is 
authorized via methods listed in paragraph (b) of this section shall 
have a defense where the person can demonstrate that the take 
authorization is applicable and was in force, and that the person fully 
complied with the take authorization requirements at the time of the 
alleged violation. This defense is an affirmative defense that must be 
raised, pleaded, and proven by the proponent. If proven, this defense 
will be an absolute defense to liability under section 9(a)(1)(G) of 
the ESA with respect to the alleged violation.
* * * * *
0
8. Add Sec.  223.211 to read as follows:


Sec.  223.211  Southern DPS of spotted seal.

    The prohibitions of section 9(a)(1)(A) through 9(a)(1)(G) of the 
ESA (16 U.S.C. 1538) relating to endangered species shall apply to the 
Southern Distinct Population Segment of the spotted seal listed in 
Sec.  223.102.
* * * * *
    For the reasons set out in the preamble, 50 CFR part 224 is 
proposed to be amended as follows:

PART 224--ENDANGERED MARINE AND ANADROMOUS SPECIES

0
9. The authority citation for part 224 continues to read as follows:

    Authority: 16 U.S.C. 1531-1543 and 16 U.S.C. 1361 et seq.
0
10. Revise Sec.  224.101 to read as follows:


Sec.  224.101  Enumeration of endangered marine and anadromous species

    (a) The regulations in this part identify the species under the 
jurisdiction of the Secretary of Commerce that have been determined to 
be endangered species pursuant to section 4(a) of the Act, and provide 
for the conservation of such species by establishing rules and 
procedures to governing activities involving the species.
    (b) The regulations in this part apply only to the endangered 
species enumerated in this section.
    (c) The provisions of this part are in addition to, and not in lieu 
of, other regulations of parts 222 through 226 of this chapter which 
prescribe additional restrictions or conditions governing endangered 
species.
    (d) The table below identifies the species under the jurisdiction 
of the Secretary of Commerce that have been determined to be endangered 
pursuant to section 4(a) of the Act, as well as species treated as 
endangered because they are sufficiently similar in appearance to 
endangered species, and experimental populations of endangered species.
    (e) The columns entitled ``Common name,'' ``Scientific name,'' and 
``Description of listed entity'' define the species within the meaning 
of the Act. In the ``Common name'' column, experimental populations are 
identified as ``XE'' for essential populations or ``XN'' for 
nonessential populations. Species listed based on similarity of 
appearance are identified as ``S/A.'' Although a column for ``Common 
name'' is included, common names cannot be relied upon for 
identification of any specimen, because they may vary greatly in local 
usage. The ``Scientific name'' column provides the most recently 
accepted scientific name, relying to the extent practicable on the 
International Code of Zoological Nomenclature. In cases in which 
confusion might arise, a synonym(s) will be provided in parentheses. 
The ``Description of listed entity'' column identifies whether the 
listed entity comprises the entire species, a subspecies, or a distinct 
population segment (DPS) and provides a description for any DPSs. 
Unless otherwise indicated in the ``Description of listed entity'' 
column, all individual members of the listed entity and their progeny 
retain their listing status wherever found, including individuals in 
captivity. Information regarding the general range of the species, 
subspecies, or DPS may be found in the Federal Register notice cited in 
the ``Citation(s) for listing determination(s)'' column.
    (f) The ``Citation(s) for listing determination(s)'' column 
provides reference to the Federal Register Notice(s) determining the 
species' status under the Act. The abbreviation ``(SPR)'' (significant 
portion of its range) after a citation indicates that the species was 
listed based on its status in a significant portion of its range. If a 
citation does not include the ``(SPR)'' notation, it means that the 
species was listed based on its status throughout its entire range. For 
``(SPR)'' listings, a geographical description of the SPR may be found 
in the referenced Federal Register Notice. The ``(SPR)'' notation 
serves an informational purpose only and does not imply any limitation 
on the application of the prohibitions or restrictions of the Act or 
implementing rules.
    (g) The ``Critical habitat'' and ``ESA rules'' columns provide 
cross-references to other sections in this part and part 226. The term 
``NA'' appearing in either of these columns indicates that there are no 
critical habitat designations or ESA rules for that species. However, 
all other applicable rules in parts 222 through 226 and part 402 still 
apply to that species. Also, there may be other rules in this title 
that relate to such wildlife. The ``ESA rules'' column is not intended 
to list all Federal, state, tribal, or local governmental regulations 
that may apply to the species.
    (h) The endangered species under the jurisdiction of the Secretary 
of Commerce are:

----------------------------------------------------------------------------------------------------------------
                            Species \1\
--------------------------------------------------------------------  Citation(s) for     Critical
                                                    Description of        listing         habitat     ESA rules
          Common name            Scientific name     listed entity    determination(s)
----------------------------------------------------------------------------------------------------------------
Marine Mammals:
    Dolphin, Chinese River      Lipotes            Entire species..  54 FR 22906, May            NA           NA
     (aka baiji).                vexillifer.                          30, 1989.
    Dolphin, Indus River......  Platanista         Entire            55 FR 50835, Dec            NA           NA
                                 gangetica minor.   subspecies.       11, 1990.
    Porpoise, Gulf of           Phocoena sinus...  Entire species..  50 FR 1056, Jan             NA           NA
     California harbor (aka                                           9, 1985.
     vaquita or cochito).
    Sea lion, Steller (Western  Eumetopias         Steller sea       62 FR 24345, May       226.202     224.103,
     DPS).                       jubatus.           lions born in     5, 1997.                           226.202
                                                    the wild, west
                                                    of 144[deg] W.
                                                    Long. Also,
                                                    Steller sea
                                                    lions born in
                                                    captivity whose
                                                    mother was born
                                                    in the wild,
                                                    west of
                                                    144[deg] W.
                                                    Long., and
                                                    progeny of
                                                    these captives.
    Seal, Hawaiian monk.......  Monachus           Entire species..  41 FR 51611, Nov       226.201           NA
                                 schauinslandi.                       23, 1976.
    Seal, Ladoga ringed.......  Phoca (=Pusa)      Entire            77 FR 76706; Dec            NA           NA
                                 hispida            subspecies.       28, 2012.
                                 ladogensis.

[[Page 38283]]

 
    Seal, Mediterranean monk..  Monachus monachus  Entire species..  35 FR 8491, Jun             NA           NA
                                                                      2, 1970.
    Seal, Saimaa ringed.......  Phoca (=Pusa)      Entire            58 FR 26920, May            NA           NA
                                 hispida            subspecies.       6, 1993.
                                 saimensis.
    Whale, beluga (Cook Inlet)  Delphinapterus     Beluga whales     73 FR 62919, Oct       226.220           NA
     DPS).                       leucas.            originating       22, 2008.
                                                    from Cook
                                                    Inlet, Alaska.
    Whale, blue...............  Balaenoptera       Entire species..  35 FR 18319, Dec            NA           NA
                                 musculus.                            2, 1970.
    Whale, bowhead............  Balaena            Entire species..  35 FR 18319, Dec            NA           NA
                                 mysticetus.                          2, 1970.
    Whale, false killer (Main   Pseudorca          False killer      77 FR 70915,                NA           NA
     Hawaiian Islands Insular    crassidens.        whales found      November 28,
     DPS).                                          from nearshore    2012.
                                                    of the main
                                                    Hawaiian
                                                    Islands out to
                                                    140 km
                                                    (approximately
                                                    75 nautical
                                                    miles) and
                                                    permanently
                                                    reside within
                                                    this geographic
                                                    range.
    Whale, fin or finback.....  Balaenoptera       Entire species..  35 FR 8491, Jun             NA           NA
                                 physalus.                            2, 1970.
    Whale, gray (Western North  Eschrichtius       Western North     35 FR 8491, Jun             NA           NA
     Pacific DPS).               robustus.          Pacific           2, 1970; 59 FR
                                                    (Korean) gray     31094, Jun 16,
                                                    whales.           1994.
    Whale, humpback...........  Megaptera          Entire species..  35 FR 18319, Dec            NA      224.103
                                 novaeangliae.                        2, 1970.
    Whale, killer (Southern     Orcinus orca.....  Killer whales     70 FR 69903, Nov       226.206      224.103
     Resident DPS).                                 from the J, K,    18, 2005.
                                                    and L pods,
                                                    except such
                                                    whales placed
                                                    in captivity
                                                    prior to
                                                    November 2005
                                                    and their
                                                    captive born
                                                    progeny.
    Whale, North Atlantic       Eubalaena          Entire species..  73 FR 12024, Mar       226.203     224.103,
     right.                      glacialis.                           6, 2008.                           224.105
    Whale, North Pacific right  Eubalaena          Entire species..  73 FR 12024, Mar       226.215      224.103
                                 japonica.                            6, 2008.
    Whale, sei................  Balaenoptera       Entire species..  35 FR 18319, Dec            NA           NA
                                 borealis.                            2, 1970.
    Whale, Southern right.....  Eubalaena          Entire species..  35 FR 18319, Dec            NA           NA
                                 australis.                           2, 1970.
    Whale, sperm..............  Physeter           Entire species..  35 FR 18319, Dec            NA           NA
                                 macrocephalus                        2, 1970.
                                 (=catodon).
Sea Turtles: \2\
    Sea turtle, green.........  Chelonia mydas...  Breeding colony   43 FR 32800, Jul       226.208      224.104
                                                    populations in    28, 1978.
                                                    Florida and on
                                                    the Pacific
                                                    coast of Mexico.
    Sea turtle, hawksbill.....  Eretmochelys       Entire species..  35 FR 8491, Jun        226.209      224.104
                                 imbricata.                           2, 1970.
    Sea turtle, Kemp's ridley.  Lepidochelys       Entire species..  35 FR 18319, Dec            NA      224.104
                                 kempii.                              2, 1970.
    Sea turtle, leatherback...  Dermochelys        Entire species..  35 FR 8491, Jun        226.207      224.104
                                 coriacea.                            2, 1970.
    Sea turtle, loggerhead      Caretta caretta..  Loggerhead sea    76 FR 58868, Sep            NA      224.104
     (Mediterranean Sea DPS).                       turtles           22, 2011.
                                                    originating
                                                    from the
                                                    Mediterranean
                                                    Sea.
    Sea turtle, loggerhead      Caretta caretta..  Loggerhead sea    76 FR 58868, Sep            NA      224.104
     (North Indian Ocean DPS).                      turtles           22, 2011.
                                                    originating
                                                    from the North
                                                    Indian Ocean.
    Sea turtle, loggerhead      Caretta caretta..  Loggerhead sea    76 FR 58868, Sep            NA      224.104
     (North Pacific Ocean DPS).                     turtles           22, 2011.
                                                    originating
                                                    from the North
                                                    Pacific Ocean.
    Sea turtle, loggerhead      Caretta caretta..  Loggerhead sea    76 FR 58868, Sep            NA      224.104
     (Northeast Atlantic Ocean                      turtles           22, 2011.
     DPS).                                          originating
                                                    from the
                                                    Northeast
                                                    Atlantic Ocean
                                                    east of 40[deg]
                                                    W. Long.,
                                                    except in the
                                                    vicinity of the
                                                    Strait of
                                                    Gibraltar where
                                                    the eastern
                                                    boundary is
                                                    5[deg]36' W.
                                                    Long.
    Sea turtle, loggerhead      Caretta caretta..  Loggerhead sea    76 FR 58868, Sep            NA      224.104
     (South Pacific Ocean DPS).                     turtles           22, 2011.
                                                    originating
                                                    from the South
                                                    Pacific Ocean
                                                    west of 67[deg]
                                                    W. Long., and
                                                    east of
                                                    141[deg] E.
                                                    Long.
    Sea turtle, olive ridley..  Lepidochelys       Breeding colony   43 FR 32800, Jul            NA      224.104
                                 olivacea.          populations on    28, 1978.
                                                    the Pacific
                                                    coast of Mexico.
Fishes:
    Bocaccio (Puget Sound/      Sebastes           Bocaccio          75 FR 22276, Apr            NA           NA
     Georgia Basin DPS).         paucispinis.       originating       28, 2010.
                                                    from Puget
                                                    Sound and the
                                                    Georgia Basin.
    Salmon, Atlantic (Gulf of   Salmo salar......  Naturally         74 FR 29344, Jun       226.217           NA
     Maine DPS).                                    spawned           19, 2009.
                                                    Atlantic salmon
                                                    originating
                                                    from the Gulf
                                                    of Maine,
                                                    including such
                                                    Atlantic salmon
                                                    originating
                                                    from watersheds
                                                    from the
                                                    Androscoggin
                                                    River northward
                                                    along the Maine
                                                    coast to the
                                                    Dennys River.
                                                    Also, Atlantic
                                                    salmon from two
                                                    artificial
                                                    propagation
                                                    programs: Green
                                                    Lake National
                                                    Fish Hatchery
                                                    (GLNFH) and
                                                    Craig Brook
                                                    National Fish
                                                    Hatchery
                                                    (CBNFH). This
                                                    DPS does not
                                                    include
                                                    landlocked
                                                    salmon and
                                                    those salmon
                                                    raised in
                                                    commercial
                                                    hatcheries for
                                                    aquaculture.
    Salmon, Chinook             Oncorhynchus       Naturally         70 FR 37160, Jun       226.204           NA
     (Sacramento River winter-   tshawytscha.       spawned winter-   28, 2005.
     run ESU).                                      run Chinook
                                                    salmon
                                                    originating
                                                    from the
                                                    Sacramento
                                                    River and its
                                                    tributaries.
                                                    Also, winter-
                                                    run Chinook
                                                    salmon from one
                                                    artificial
                                                    propagation
                                                    program: The
                                                    Livingston
                                                    Stone National
                                                    Fish Hatchery.
    Salmon, Chinook (Upper      Oncorhynchus       Naturally         70 FR 37160, Jun       226.212           NA
     Columbia River spring-run   tshawytscha.       spawned spring-   28, 2005.
     ESU).                                          run Chinook
                                                    salmon
                                                    originating
                                                    from Columbia
                                                    River
                                                    tributaries
                                                    upstream of the
                                                    Rock Island Dam
                                                    and downstream
                                                    of Chief Joseph
                                                    Dam (excluding
                                                    the Okanogan
                                                    River
                                                    subbasin).
                                                    Also, spring-
                                                    run Chinook
                                                    salmon from six
                                                    artificial
                                                    propagation
                                                    programs: The
                                                    Twisp River
                                                    Program;
                                                    Chewuch River
                                                    Program; Methow
                                                    Program;
                                                    Winthrop
                                                    National Fish
                                                    Hatchery
                                                    Program;
                                                    Chiwawa River
                                                    Program; and
                                                    the White River
                                                    Program.
    Salmon, coho (Central       Oncorhynchus       Naturally         70 FR 37160, Jun       226.210           NA
     California Coast ESU).      kisutch.           spawned coho      28, 2005;.
                                                    salmon           77 FR 19552, Apr
                                                    originating       2, 2012.
                                                    from rivers
                                                    south of Punta
                                                    Gorda,
                                                    California to
                                                    and including
                                                    Aptos Creek, as
                                                    well as such
                                                    coho salmon
                                                    originating
                                                    from
                                                    tributaries to
                                                    San Francisco
                                                    Bay. Also, coho
                                                    salmon from
                                                    three
                                                    artificial
                                                    propagation
                                                    programs: The
                                                    Don Clausen
                                                    Fish Hatchery
                                                    Captive
                                                    Broodstock
                                                    Program, the
                                                    Scott Creek/
                                                    King Fisher
                                                    Flats
                                                    Conservation
                                                    Program, and
                                                    the Scott Creek
                                                    Captive
                                                    Broodstock
                                                    Program.
    Salmon, sockeye (Snake      Oncorhynchus       Naturally         70 FR 37160, Jun       226.205           NA
     River ESU).                 nerka.             spawned           28, 2005.
                                                    anadromous and
                                                    residual
                                                    sockeye salmon
                                                    originating
                                                    from the Snake
                                                    River basin.
                                                    Also, sockeye
                                                    salmon from one
                                                    artificial
                                                    propagation
                                                    program: The
                                                    Redfish Lake
                                                    Captive
                                                    Broodstock
                                                    Program.
    Sawfish, largetooth.......  Pristis perotteti  Entire species..  76 FR 40835, Jul            NA           NA
                                                                      12, 2011.
    Sawfish, smalltooth         Pristis pectinata  Smalltooth        68 FR 15674, Apr       226.218           NA
     (United States DPS).                           sawfish           1, 2003.
                                                    originating
                                                    from U.S.
                                                    waters.

[[Page 38284]]

 
    Steelhead (Southern         Oncorhynchus       Naturally         71 FR 834, Jan 5,      226.211           NA
     California DPS).            mykiss.            spawned           2006.
                                                    anadromous O.
                                                    mykiss
                                                    (steelhead)
                                                    originating
                                                    below natural
                                                    and manmade
                                                    impassable
                                                    barriers from
                                                    the Santa Maria
                                                    River to the
                                                    U.S.-Mexico
                                                    Border.
    Sturgeon, Atlantic          Acipenser          Atlantic          77 FR 5914, Feb             NA           NA
     (Carolina DPS).             oxyrinchus         sturgeon          6, 2012.
                                 oxyrinchus.        originating
                                                    from watersheds
                                                    (including all
                                                    rivers and
                                                    tributaries)
                                                    from Albemarle
                                                    Sound southward
                                                    along the
                                                    southern
                                                    Virginia, North
                                                    Carolina, and
                                                    South Carolina
                                                    coastal areas
                                                    to Charleston
                                                    Harbor.
    Sturgeon, Atlantic          Acipenser          Anadromous        77 FR 5880, Feb             NA           NA
     (Chesapeake Bay DPS).       oxyrinchus         Atlantic          6, 2012.
                                 oxyrinchus.        sturgeon
                                                    originating
                                                    from watersheds
                                                    that drain into
                                                    the Chesapeake
                                                    Bay and into
                                                    coastal waters
                                                    from the
                                                    Delaware-
                                                    Maryland border
                                                    on Fenwick
                                                    Island to Cape
                                                    Henry, Virginia.
    Sturgeon, Atlantic (New     Acipenser          Anadromous        77 FR 5880, Feb             NA           NA
     York Bight DPS).            oxyrinchus         Atlantic          6, 2012.
                                 oxyrinchus.        sturgeon
                                                    originating
                                                    from watersheds
                                                    that drain into
                                                    coastal waters,
                                                    including Long
                                                    Island Sound,
                                                    the New York
                                                    Bight, and
                                                    Delaware Bay,
                                                    from Chatham,
                                                    MA to the
                                                    Delaware-
                                                    Maryland border
                                                    on Fenwick
                                                    Island.
    Sturgeon, Atlantic (South   Acipenser          Atlantic          77 FR 5914, Feb             NA           NA
     Atlantic DPS).              oxyrinchus         sturgeon          6, 2012.
                                 oxyrinchus.        originating
                                                    from watersheds
                                                    (including all
                                                    rivers and
                                                    tributaries) of
                                                    the ACE
                                                    (Ashepoo,
                                                    Combahee, and
                                                    Edisto) Basin
                                                    southward along
                                                    the South
                                                    Carolina,
                                                    Georgia, and
                                                    Florida coastal
                                                    areas to the
                                                    St. Johns
                                                    River, Florida.
    Sturgeon, shortnose.......  Acipenser          Entire species..  32 FR 4001, Mar             NA           NA
                                 brevirostrum.                        11, 1967.
    Totoaba...................  Cynoscion          Entire species..  44 FR 29480, May            NA           NA
                                 macdonaldi.                          21, 1979.
Marine Invertebrates:
    Abalone, black............  Haliotis           Entire species..  74 FR 1937, Jan        226.221           NA
                                 cracherodii.                         14, 2009.
    Abalone, white............  Haliotis           Entire species..  66 FR 29054, May,           NA           NA
                                 sorenseni.                           29, 2001..
----------------------------------------------------------------------------------------------------------------
\1\ Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement,
  see 61 FR 4722, February 7, 1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56
  FR 58612, November 20, 1991).
\2\ Jurisdiction for sea turtles by the Department of Commerce, National Oceanic and Atmospheric Administration,
  National Marine Fisheries Service, is limited to turtles while in the water.
[64 FR 14066, Mar. 23, 1999, as amended 64 FR 14328, Mar. 24, 1999; 65 FR 20918, Apr. 19, 2000; 65 FR 69481,
  Nov. 17, 2000; 66 FR 29055, May 29, 2001; 67 FR 21598, May 1, 2002; 68 FR 15680, Apr. 1, 2003; 70 FR 37203,
  June 28, 2005; 70 FR 69912, Nov. 18, 2005; 71 FR 861, Jan. 5, 2006; 73 FR 12030, Mar. 6, 2008; 73 FR 63907,
  Oct. 28, 2008; 73 FR 62930, Oct. 22, 2008; 74 FR 1946, Jan. 14, 2009; 74 FR 29386, June 19, 2009; 75 FR 22290,
  Apr. 28, 2010; 76 FR 14300, Mar. 16, 2011; 76 FR 40835, July 12, 2011]

[FR Doc. 2013-15015 Filed 6-25-13; 8:45 am]
BILLING CODE 3510-22-P