[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Proposed Rules]
[Pages 72759-72769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25438]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 223 and 224

[Docket No. 160809713-6909-01]
RIN 0648-XE804


Revisions to Hatchery Programs Included as Part of Pacific Salmon 
and Steelhead Species Listed Under the Endangered Species Act

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

ACTION: Proposed rule.

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SUMMARY: We, NMFS, announce proposed revisions to the Code of Federal 
Regulations (CFR) to update the descriptions of Pacific salmon and 
steelhead (Oncorhynchus spp.) species currently listed as threatened or 
endangered under the Endangered Species Act of 1973 (ESA). Revisions 
include the addition or removal of specific hatchery programs, as well 
as clarifying changes to the names of specific hatchery programs 
included as part of the listings of certain Pacific salmon and 
steelhead species. These proposed changes are informed by our recently 
completed 5-year reviews under ESA. We do not propose to change the 
ESA-listing status of any species under NMFS' jurisdiction, or modify 
any critical habitat designation.

[[Page 72760]]


DATES: Comments and information regarding the proposed revisions must 
be received by December 20, 2016.

ADDRESSES: You may submit comments, information, or data, identified by 
the code NOAA-NMFS-2016-0110 by either of the following methods:
     Electronic Submissions: Submit all electronic comments via 
the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0110. Click the ``Comment Now'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Send comments, identified with ``Proposed Changes to 
Listed Salmon and Steelhead Hatchery Programs'' to Chris Yates, 
Assistant Regional Administrator, Protected Resources Division, NMFS, 
West Coast Regional Office, Attn: Claire McGrath, 1201 NE. Lloyd Blvd., 
Suite 1100, Portland, OR 97232.
    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. We will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Claire McGrath, NMFS, West Coast 
Region, Protected Resources Division, at the above address, by phone at 
(503) 230-5433, or by email at [email protected]. You may also 
contact Maggie Miller, NMFS, Office of Protected Resources, (301) 427-
8403. Copies of the documents supporting this proposed rule can be 
found on our West Coast Region Web site at: 
www.westcoast.fisheries.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 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.
    The ESA requires regular review of listed species to determine 
whether a species should be delisted, reclassified, or retain its 
current classification (16 U.S.C. 1533(c)(2)). Recently, we completed a 
5-year review of the status of ESA-listed salmon ESUs and steelhead 
DPSs in California, Oregon, Idaho, and Washington (81 FR 33468, May 26, 
2016). As part of the 5-year review, we reviewed the classification of 
all West Coast salmonid hatchery programs, taking into consideration 
the origin for each hatchery stock, the location of release of hatchery 
fish, and the degree of known or inferred genetic divergence between 
the hatchery stock and the local natural population(s). We used 
criteria in NMFS' Policy on the Consideration of Hatchery-Origin Fish 
in Endangered Species Act Listing Determinations for Pacific Salmon and 
Steelhead (``Hatchery Listing Policy'') (70 FR 37204, June 28, 2005) to 
guide our review. The Hatchery Listing Policy states that hatchery 
stocks will be considered part of an ESU/DPS if they exhibit a level of 
genetic divergence relative to the local natural population(s) that is 
not more than what occurs within the ESU/DPS.
    In a NMFS internal memorandum, Jones (2015) summarizes the results 
of our most recent hatchery program review. We identified 28 hatchery 
programs for which we recommend a change in classification, i.e., 
adding the program to or removing it from an ESU/DPS. We propose to 
remove 5 hatchery programs because they have been terminated and the 
last cohort of adult hatchery-origin fish has returned. We propose to 
add 23 hatchery programs to the relevant listed ESU/DPS because our 5-
year review and hatchery program evaluation (Jones 2015) concluded that 
the program exhibits a level of genetic divergence relative to the 
local natural population(s) that is not more than what occurs within 
the ESU/DPS. Consistent with the Hatchery Listing Policy, such programs 
should be included and listed as part of the ESU/DPS. The reader is 
referred to the 5-year review reports and Jones (2015) for a more 
detailed explanation of the proposed changes summarized below.
    We identified 26 hatchery programs for which we propose a name 
change. These name changes reflect an effort to standardize conventions 
for naming hatchery programs (e.g., we recommend removing Oregon 
Department of Fish and Wildlife (ODFW) hatchery stock identification 
numbers from hatchery program names) or otherwise clarify the specific 
hatchery program that is included in a listing. In addition, we 
recommend minor changes in terminology used to describe three ESU/DPSs 
for which there are no other proposed revisions in order to standardize 
species descriptions. We summarize the proposed revisions below and 
provide the full text of proposed updates to the listed species' 
descriptions at 50 CFR parts 223 and 224 in the regulatory text at the 
end of this Federal Register notice. 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.

Endangered Species at 50 CFR 224.101

Revisions to Endangered Species Descriptions

    Below we summarize 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, and our 
evaluation of West Coast salmon and steelhead hatchery programs in 
Jones (2015) (see http://www.westcoast.fisheries.noaa.gov/publications/status_reviews/salmon_steelhead/2016_status_review.html for these 
supporting documents), the description of two endangered species must 
be revised to account for changes in the classification

[[Page 72761]]

of specific artificial propagation programs considered part of the 
respective ESUs. The addition or termination of an artificial 
propagation program does not constitute a listing or delisting of an 
ESU, but simply a revision to reflect the actual current composition of 
the listed ESU. We also propose minor changes in the description 
terminology of two other endangered species to standardize species 
descriptions.
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 the following 
artificial propagation programs: The Livingston Stone National Fish 
Hatchery (supplementation and captive broodstock).'' The change 
proposed for this DPS is to add the captive broodstock component of the 
Livingston Stone National Fish Hatchery Program, which was restarted in 
2015 after being implemented from 1991 to 2007 and then discontinued. 
The source of fish for both the captive broodstock and supplementation 
programs is local, natural-origin winter Chinook salmon in the upper 
Sacramento River.
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 the following artificial propagation programs: The Twisp 
River Program; Methow Program; Winthrop National Fish Hatchery Program; 
Chiwawa River Program; White River Program; and the Nason Creek 
Program.'' The changes proposed for this ESU include: (1) Removing the 
Chewuch River Program as an artificial propagation program included in 
this ESU because it is now considered part of the Methow Program; and 
(2) adding the new Nason Creek Program because the source for these 
fish is local, natural-origin fish from Nason Creek.
Salmon, Coho (Central California Coast ESU)
    We propose to revise this description to read: ``Naturally spawned 
coho salmon originating 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 the 
following 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.'' 
There are no proposed changes in hatchery programs included in this 
ESU. We recommend minor changes in terminology to standardize species 
descriptions.
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 the Redfish Lake Captive Broodstock 
Program.'' There are no proposed changes in hatchery programs included 
in this ESU. We recommend minor changes in terminology to standardize 
species descriptions.
Threatened Species at 50 CFR 223.102
Revisions to Threatened Species Descriptions
    Below we summarize proposed revisions to the descriptions of 
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.westcoast.fisheries.noaa.gov/publications/status_reviews/salmon_steelhead/2016_status_review.html for status review documents), 
the descriptions of 17 threatened species must be revised to account 
for changes in the classification or name of specific artificial 
propagation programs associated with that ESU or DPS. 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. We also propose 
minor changes in the description terminology of one other threatened 
species to standardize species descriptions.
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 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 Sandy River 
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 spawned Chinook salmon originating from the Rogue 
River Fall Chinook Program. This DPS does include Chinook salmon from 
the following artificial propagation programs: The 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 Program; Deep River 
Net Pens-Washougal Program; Klaskanine Hatchery Program; Bonneville 
Hatchery Program; and the Cathlamet Channel Net Pens Program.'' The 
changes proposed for this ESU include: (1) Adding the Deep River Net 
Pens-Washougal Program because these fish are returning hatchery-origin 
adults from the Washougal River Tule Chinook Program, which is included 
in the ESU; (2) adding the Klaskanine Hatchery Program because the 
source for these fish is the Big Creek Tule Chinook Program, which is 
included in the ESU; (3) adding the Bonneville Hatchery Program because 
the source for these fish is the Spring Creek NFH Tule Chinook Program, 
which is included in the ESU; and (4) adding the Cathlamet Channel Net 
Pens Program, because the source for these fish is the Cowlitz Spring 
Chinook Program in the Upper Cowlitz River, which is included in the 
ESU. Jones (2015) concluded that, given the within-ESU source of 
broodstock for these hatchery programs, they exhibit a level of genetic 
divergence relative to the local natural population(s) that is not more 
than what occurs within the ESU/DPS. Consistent with the Hatchery 
Listing Policy, Jones (2015)

[[Page 72762]]

recommended that these hatchery programs be proposed for inclusion as 
part of the Lower Columbia River Chinook 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 the following artificial propagation programs: the Kendall 
Creek Hatchery Program; Marblemount Hatchery Program (spring 
subyearlings and summer-run); Brenner Creek Hatchery Program (summer-
run and fall-run); Whitehorse Springs Pond Program; Wallace River 
Hatchery Program (yearlings and subyearlings); Issaquah Hatchery 
Program; White River Hatchery Program; White Acclimation Pond Program; 
Voights Creek Hatchery Program; Diru Creek Program; Clear Creek 
Program; Kalama Creek Program; George Adams Hatchery Program; Hamma 
Hatchery Program; Dungeness/Hurd Creek Hatchery Program; Elwha Channel 
Hatchery Program; Skookum Creek Hatchery Spring-run Program; Bernie 
Kai-Kai Gobin (Tulalip) Hatchery-Cascade Program; North Fork Skokomish 
River Spring-run Program; the Soos Creek Hatchery Program (subyearlings 
and yearlings); the Fish Restoration Facility Program; the Bernie Kai-
Kai Gobin (Tulalip) Hatchery-Skykomish Program; and the Hupp Springs 
Hatchery-Adult Returns to Minter Creek Program.'' The changes proposed 
for this ESU include: (1) Removing the Icy Creek Hatchery Program as an 
artificial propagation program included in this ESU because it is now 
considered part of the Soos Creek Program; (2) adding the Bernie Kai-
Kai Gobin (Tulalip) Hatchery-Cascade Program because the source for 
these fish is the Marblemount Hatchery Program (spring subyearlings), 
which is included in the ESU; (3) adding the new North Fork Skokomish 
River Spring-run Program because the source for these fish is the 
Marblemount Hatchery Program (spring subyearlings), which is included 
in the ESU; (4) removing the Rick's Pond Hatchery Program, a terminated 
program for which all hatchery-origin adults have returned; (5) 
updating the name of the Soos Creek Hatchery Program, which is included 
in the ESU, to the Soos Creek Hatchery Program (subyearlings and 
yearlings); (6) updating the name of the Keta Creek Hatchery Program, 
which is included in the ESU, to the Fish Restoration Facility Program; 
(7) updating the name of the Tulalip Bay Program, which is included in 
the ESU, to the Bernie Kai-Kai Gobin (Tulalip) Hatchery-Skykomish 
Program; (8) updating the name of the Hupp Springs Hatchery Program, 
which is included in the ESU, to the Hupp Springs Hatchery-Adult 
Returns to Minter Creek Program; and (9) updating the name of the 
Harvey Creek Hatchery Program, which is included in the ESU, to the 
Brenner Creek Hatchery Program.
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 the following artificial propagation programs: 
the Lyons Ferry Hatchery Program; Fall Chinook Acclimation Ponds 
Program; Nez Perce Tribal Hatchery Program; and the Idaho Power 
Program.'' The change proposed for this ESU is to update the name of 
the Oxbow Hatchery Program, which is included in the ESU, to the Idaho 
Power 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 the 
following artificial propagation programs: The Tucannon River Program; 
Lostine River Program; Catherine Creek Program; Lookingglass Hatchery 
Program; Upper Grande Ronde Program; Imnaha River Program; McCall 
Hatchery Program; Johnson Creek Artificial Propagation Enhancement 
Program; Pahsimeroi Hatchery Program; Sawtooth Hatchery Program; Yankee 
Fork Program; Dollar Creek Program; Panther Creek Program; and the Big 
Sheep Creek-Adult outplanting from Imnaha Program.'' The changes 
proposed for this ESU include: (1) Adding the Yankee Fork Program 
because the source for these fish is the Sawtooth Hatchery Program, 
which are included in the ESU; (2) adding the Dollar Creek Program 
because the source for these fish is the McCall Hatchery Program, which 
is included in the ESU; (3) adding the Panther Creek Program because 
the source for these fish is the Pahsimeroi Hatchery Program, which is 
included in the ESU; and (4) updating the name of the Big Sheep Creek 
Program, which is included in the ESU, to the Big Sheep Creek-Adult 
outplanting from Imnaha Program.
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 the following artificial propagation 
programs: The McKenzie River Hatchery Program; Willamette Hatchery 
Program; Clackamas Hatchery Program; North Santiam River Program; South 
Santiam River Program; and the Mollala River Program.'' The changes 
proposed for this ESU include: (1) Updating the name of the Marion 
Forks Hatchery/North Fork Santiam Hatchery Program (ODFW Stock #21), 
which is included in the ESU, to the North Santiam River Program; (2) 
separating the South Santiam Hatchery Program (ODFW Stock #24) in the 
South Fork Santiam River and Mollala River, which is included in the 
ESU, into two programs named the South Santiam River Program and the 
Mollala River Program; and (3) removing Oregon Department of Fish and 
Wildlife (ODFW) stock numbers from the names of the McKenzie River 
Hatchery Program, Willamette Hatchery Program, and Clackamas Hatchery 
Program.
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 the following artificial 
propagation programs: The Grays River Program; Washougal River 
Hatchery/Duncan Creek Program; and the Big Creek Hatchery Program.'' 
The change proposed for this ESU is to add the new Big Creek Hatchery 
Program because the source for these fish is local, natural-origin fish 
from the Grays River, which is included in the ESU.
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 the 
following artificial propagation programs: The Lilliwaup Creek Fish 
Hatchery Program; and the

[[Page 72763]]

Tahuya River Program.'' The changes proposed for this ESU include 
removing two terminated programs for which all hatchery-origin adults 
have returned: (1) The Hamma Fish Hatchery Program; and (2) the 
Jimmycomelately Creek Fish Hatchery Program.
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 the following artificial 
propagation programs: The Grays River Program; Peterson Coho Project; 
Big Creek Hatchery Program; Astoria High School Salmon-Trout 
Enhancement Program (STEP) Coho Program; Warrenton High School STEP 
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; Bonneville/
Cascade/Oxbow Complex Hatchery Program; Clatsop County Fisheries Net 
Pen Program; and the Clatsop County Fisheries/Klaskanine Hatchery 
Program.'' The changes proposed for this ESU include: (1) Adding the 
Clatsop County Fisheries Net Pen Program because the broodstock origin 
is Tanner Creek, which is included in the ESU; (2) adding the Clatsop 
County Fisheries/Klaskanine Hatchery Program because the source for 
these fish is the Big Creek Hatchery Program, which is included in the 
ESU; and (3) removing ODFW stock numbers from the names of the Big 
Creek Hatchery Program, Sandy Hatchery Program, and Bonneville/Cascade/
Oxbow Complex Hatchery Program.
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 the Cow Creek Hatchery 
Program.'' The change proposed for this ESU is to remove the ODFW stock 
number from the name of the Cow Creek Hatchery Program.
Salmon, Coho (Southern Oregon/Northern California Coast ESU)
    We propose to revise this description to read: ``Naturally spawned 
coho salmon originating from coastal streams and rivers between Cape 
Blanco, Oregon, and Punta Gorda, California. Also, coho salmon from the 
following artificial propagation programs: The Cole Rivers Hatchery 
Program; Trinity River Hatchery Program; and the Iron Gate Hatchery 
Program.'' The change proposed for this ESU is to remove the ODFW stock 
number from the name of the Cole Rivers Hatchery Program.
Salmon, Sockeye (Ozette Lake ESU)
    We propose to revise this description to read: ``Naturally spawned 
sockeye salmon originating from the Ozette River and Ozette Lake and 
its tributaries. Also, sockeye salmon from the Umbrella Creek/Big River 
Hatchery Program.'' The change proposed for this ESU is to combine the 
Umbrella Creek Hatchery Program and Big River Hatchery Program, which 
are included in the ESU, into one program called the Umbrella Creek/Big 
River Hatchery Program. This integrated program uses broodstock from 
Umbrella Creek that were derived from natural-origin fish from Ozette 
Lake, and releases fish into Umbrella Creek and Big River.
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 includes steelhead 
from the following artificial propagation programs: The Coleman 
National Fish Hatchery Program; Feather River Fish Hatchery Program; 
and the Mokelumne River Hatchery Program.'' The change proposed for 
this DPS is to add the Mokelumne River Hatchery Program because fish in 
this program are genetically most similar to Feather River Fish 
Hatchery Program steelhead, which are included in the DPS.
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 Chipps Island at the confluence of the Sacramento and San Joaquin 
Rivers. Also, steelhead from the following artificial propagation 
programs: the Don Clausen Fish Hatchery Program and the Kingfisher Flat 
Hatchery Program (Monterey Bay Salmon and Trout Project).'' There are 
no proposed changes in hatchery programs included in this ESU. We 
recommend minor changes in terminology to standardize species 
descriptions.
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 includes steelhead from the following 
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; Sandy 
Hatchery Late Winter-run Program; Hood River Winter-run Program; Lewis 
River Wild Late-run Winter Steelhead Program; Upper Cowlitz Wild 
Program; and the Tilton River Wild Program.'' The changes proposed for 
this DPS include: (1) Adding the recently initiated Upper Cowlitz Wild 
Program because the source for these fish is local, natural-origin fish 
from the Upper Cowlitz River, which is included in the DPS; (2) adding 
the recently initiated Tilton River Wild Program because the source for 
these fish is local, natural-origin fish from the Tilton River; and (3) 
removing ODFW stock numbers from the names of the Clackamas Hatchery 
Late Winter-run Program, Sandy Hatchery Late Winter-run Program, and 
Hood River Winter-run 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 includes steelhead from the following artificial 
propagation programs: The Touchet River Endemic Program; Yakima River

[[Page 72764]]

Kelt Reconditioning Program (in Satus Creek, Toppenish Creek, Naches 
River, and Upper Yakima River); Umatilla River Program; and the 
Deschutes River Program. This DPS does not include steelhead that are 
designated as part of an experimental population.'' The change proposed 
for this DPS is to remove ODFW stock numbers from the names of the 
Umatilla River Program and the Deschutes River Program.
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 the 
following 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; Lower Elwha Fish Hatchery Wild 
Steelhead Recovery Program; and the Fish Restoration Facility 
Program.'' The change proposed for this DPS is to add the new Fish 
Restoration Facility Program because the source for these fish is the 
local, natural-origin population within the Duwamish/Green River, which 
is included in the 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 
the following artificial propagation programs: The Tucannon River 
Program; Dworshak National Fish Hatchery Program; Lolo Creek Program; 
North Fork Clearwater Program; East Fork Salmon River Natural Program; 
Little Sheep Creek/Imnaha River Hatchery Program; Little Salmon River 
(B-run) Program; Squaw Creek Program; Yankee Fork Program; Pahsimeroi 
River Program; and the South Fork Clearwater Hatchery Program.'' The 
changes proposed for this DPS include: (1) Adding the Little Salmon 
River (B-run) Program and three Upper Salmon River (B-run) Programs 
(Squaw Creek Program, Yankee Fork Program, and Pahsimeroi River 
Program), because these fish are B-run steelhead from the Dworshak 
National Fish Hatchery Program and North Fork Clearwater Program, which 
are included in the DPS; (2) adding the South Fork Clearwater Hatchery 
Program because the source for these fish is the Dworshak National Fish 
Hatchery Program and North Fork Clearwater Program, which are included 
in the DPS and, based on the best available scientific information, 
likely have similar life history and genetics to the local, natural 
population in the SF Clearwater River; and (3) removing the ODFW stock 
number from the name of the Little Sheep Creek/Imnaha River Hatchery 
Program.
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 the following artificial propagation programs: The Wenatchee River 
Program; Wells Hatchery Program (in the Methow and Okanogan Rivers); 
Winthrop National Fish Hatchery Program; Ringold Hatchery Program; and 
the Okanogan River Program.'' The change proposed for this DPS is to 
update the name of the Omak Creek Program, which is included in the 
DPS, to the Okanogan River Program.

References

    Copies of previous Federal Register notices and related reference 
materials are available on the Internet at http://www.westcoast.fisheries.noaa.gov/publications/frn/federal_register_notices.html, or upon request (see FOR FURTHER 
INFORMATION CONTACT section).

Classification

Executive Order 12866, Regulatory Flexibility Act, and Paperwork 
Reduction Act

    As noted in the Conference Report on the 1982 amendments to the 
ESA, economic impacts cannot be considered when assessing the status of 
a species. Therefore, the economic analysis requirements of the 
Regulatory Flexibility Act are not applicable to the listing process. 
In addition, this proposed rule is exempt from review under Executive 
Order 12866. This proposed rule does not contain a collection of 
information requirement for the purposes of the Paperwork Reduction 
Act.

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. In keeping with the intent of 
the Administration and Congress to provide continuing and meaningful 
dialogue on issues of mutual state and Federal interest, this proposed 
rule will be shared with the relevant state agencies.

National Environmental Policy Act of 1969 (NEPA)

    The 1982 amendments to the ESA, in section 4(b)(1)(A), restrict the 
information that may be considered when assessing species for listing. 
Based on this limitation of criteria for a listing decision and the 
opinion in Pacific Legal Foundation v. Andrus, 657 F. 2d 829 (6th Cir. 
1981), we have concluded that NEPA does not apply to ESA listing 
actions.

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.


[[Page 72765]]


    Dated: October 17, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, we propose to amend 50 CFR 
parts 223 and 224 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. In Sec.  223.102, amend the table in paragraph (e) by revising the 
entries for ``Salmon, Chinook (Lower Columbia River ESU);'' ``Salmon, 
Chinook (Puget Sound ESU);'' ``Salmon, Chinook (Snake River fall-run 
ESU);'' ``Salmon, Chinook (Snake River spring/summer-run ESU);'' 
``Salmon, Chinook (Upper Willamette River ESU);'' ``Salmon, chum 
(Columbia River ESU);'' ``Salmon, chum (Hood Canal summer-run ESU);'' 
``Salmon, coho (Lower Columbia River ESU);'' ``Salmon, coho (Oregon 
Coast ESU);'' ``Salmon, coho (Southern Oregon/Northern California Coast 
ESU);'' ``Salmon, sockeye (Ozette Lake ESU);'' ``Steelhead (California 
Central Valley DPS);'' ``Steelhead (Central California Coast DPS);'' 
``Steelhead (Lower Columbia River DPS);'' ``Steelhead (Middle Columbia 
River DPS);'' ``Steelhead (Puget Sound DPS);'' ``Steelhead (Snake River 
Basin DPS);'' and ``Steelhead (Upper Columbia River DPS)'' to read as 
follows:


Sec.  223.102  Enumeration of threatened marine and anadromous species.

* * * * *
    (e) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                             Species \1\
------------------------------------------------------------------------------------------------------  Citation(s)  for listing   Critical    ESA rules
              Common name                    Scientific name          Description of listed entity          determination(s)        habitat
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Fishes
 
                                                                      * * * * * * *
Salmon, Chinook (Lower Columbia River   Oncorhynchus tshawytscha   Naturally spawned Chinook salmon    70 FR 37160, Jun 28, 2005     226.212     223.203
 ESU).                                                              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 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
                                                                       Sandy River 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
                                                                       spawned Chinook salmon
                                                                       originating from the Rogue
                                                                       River Fall Chinook Program.
                                                                       This DPS does include Chinook
                                                                       salmon from the following
                                                                       artificial propagation
                                                                       programs: The 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 Program;
                                                                       Deep River Net Pens-Washougal
                                                                       Program; Klaskanine Hatchery
                                                                       Program; Bonneville Hatchery
                                                                       Program; and the Cathlamet
                                                                       Channel Net Pens Program.

[[Page 72766]]

 
Salmon, Chinook (Puget Sound ESU).....  Oncorhynchus tshawytscha.  Naturally spawned Chinook salmon    70 FR 37160, Jun 28, 2005     226.212     223.203
                                                                    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 the following
                                                                    artificial propagation programs:
                                                                    The Kendall Creek Hatchery
                                                                    Program; Marblemount Hatchery
                                                                    Program (spring subyearlings and
                                                                    summer-run); Brenner Creek
                                                                    Hatchery Program (summer-run and
                                                                    fall-run); Whitehorse Springs
                                                                    Pond Program; Wallace River
                                                                    Hatchery Program (yearlings and
                                                                    subyearlings); Issaquah Hatchery
                                                                    Program; White River Hatchery
                                                                    Program; White Acclimation Pond
                                                                    Program; Voights Creek Hatchery
                                                                    Program; Diru Creek Program;
                                                                    Clear Creek Program; Kalama Creek
                                                                    Program; George Adams Hatchery
                                                                    Program; Hamma Hamma Hatchery
                                                                    Program; Dungeness/Hurd Creek
                                                                    Hatchery Program; Elwha Channel
                                                                    Hatchery Program; Skookum Creek
                                                                    Hatchery Spring-run Program;
                                                                    Bernie Kai-Kai Gobin (Tulalip)
                                                                    Hatchery-Cascade Program; North
                                                                    Fork Skokomish River Spring-run
                                                                    Program; the Soos Creek Hatchery
                                                                    Program (subyearlings and
                                                                    yearlings); the Fish Restoration
                                                                    Facility Program; the Bernie Kai-
                                                                    Kai Gobin (Tulalip) Hatchery-
                                                                    Skykomish Program; and the Hupp
                                                                    Springs Hatchery-Adult Returns to
                                                                    Minter Creek Program.
Salmon, Chinook (Snake River fall-run   Oncorhynchus tshawytscha.  Naturally spawned fall-run Chinook  70 FR 37160, Jun 28, 2005     226.205     223.203
 ESU).                                                              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 the
                                                                    following artificial propagation
                                                                    programs: The Lyons Ferry
                                                                    Hatchery Program; Fall Chinook
                                                                    Acclimation Ponds Program; Nez
                                                                    Perce Tribal Hatchery Program;
                                                                    and the Idaho Power Program.
Salmon, Chinook (Snake River spring/    Oncorhynchus tshawytscha.  Naturally spawned spring/summer-    70 FR 37160, Jun 28, 2005     226.205     223.203
 summer-run ESU).                                                   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
                                                                    the following artificial
                                                                    propagation programs: The
                                                                    Tucannon River Program; Lostine
                                                                    River Program; Catherine Creek
                                                                    Program; Lookingglass Hatchery
                                                                    Program; Upper Grande Ronde
                                                                    Program; Imnaha River Program;
                                                                    McCall Hatchery Program; Johnson
                                                                    Creek Artificial Propagation
                                                                    Enhancement Program; Pahsimeroi
                                                                    Hatchery Program; Sawtooth
                                                                    Hatchery Program; Yankee Fork
                                                                    Program; Dollar Creek Program;
                                                                    Panther Creek Program; and the
                                                                    Big Sheep Creek-Adult outplanting
                                                                    from Imnaha Program.
Salmon, Chinook (Upper Willamette       Oncorhynchus tshawytscha.  Naturally spawned spring-run        70 FR 37160, Jun 28, 2005     226.212     223.203
 River ESU).                                                        Chinook salmon originating from
                                                                    the Clackamas River and from the
                                                                    Willamette River and its
                                                                    tributaries above Willamette
                                                                    Falls. Also, spring-run Chinook
                                                                    salmon from the following
                                                                    artificial propagation programs:
                                                                    The McKenzie River Hatchery
                                                                    Program; Willamette Hatchery
                                                                    Program; Clackamas Hatchery
                                                                    Program; North Santiam River
                                                                    Program; South Santiam River
                                                                    Program; and the Mollala River
                                                                    Program.
 
                                                                      * * * * * * *
Salmon, chum (Columbia River ESU).....  Oncorhynchus keta........  Naturally spawned chum salmon       70 FR 37160, Jun 28, 2005     226.212     223.203
                                                                    originating from the Columbia
                                                                    River and its tributaries in
                                                                    Washington and Oregon. Also, chum
                                                                    salmon from the following
                                                                    artificial propagation programs:
                                                                    The Grays River Program;
                                                                    Washougal River Hatchery/Duncan
                                                                    Creek Program; and the Big Creek
                                                                    Hatchery Program.
Salmon, chum (Hood Canal summer-run     Oncorhynchus keta........  Naturally spawned summer-run chum   70 FR 37160, Jun 28, 2005     226.212     223.203
 ESU).                                                              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 the following
                                                                    artificial propagation programs:
                                                                    the Lilliwaup Creek Fish Hatchery
                                                                    Program; and the Tahuya River
                                                                    Program.

[[Page 72767]]

 
Salmon, coho (Lower Columbia River      Oncorhynchus kisutch.....  Naturally spawned coho salmon       70 FR 37160, Jun 28, 2005     226.212     223.203
 ESU).                                                              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 the following
                                                                    artificial propagation programs:
                                                                    The Grays River Program; Peterson
                                                                    Coho Project; Big Creek Hatchery
                                                                    Program; Astoria High School
                                                                    Salmon-Trout Enhancement Program
                                                                    (STEP) Coho Program; Warrenton
                                                                    High School STEP 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;
                                                                    Bonneville/Cascade/Oxbow Complex
                                                                    Hatchery Program; Clatsop County
                                                                    Fisheries Net Pen Program; and
                                                                    the Clatsop County Fisheries/
                                                                    Klaskanine Hatchery Program.
Salmon, coho (Oregon Coast ESU).......  Oncorhynchus kisutch.....  Naturally spawned coho salmon       76 FR 35755, Jun 20, 2011     226.212     223.203
                                                                    originating from coastal rivers
                                                                    south of the Columbia River and
                                                                    north of Cape Blanco. Also, coho
                                                                    salmon from the Cow Creek
                                                                    Hatchery Program.
Salmon, coho (Southern Oregon/Northern  Oncorhynchus kisutch.....  Naturally spawned coho salmon       70 FR 37160, Jun 28, 2005     226.210     223.203
 California Coast ESU).                                             originating from coastal streams
                                                                    and rivers between Cape Blanco,
                                                                    Oregon, and Punta Gorda,
                                                                    California. Also, coho salmon
                                                                    from the following artificial
                                                                    propagation programs: The Cole
                                                                    Rivers Hatchery Program; Trinity
                                                                    River Hatchery Program; and the
                                                                    Iron Gate Hatchery Program.
Salmon, sockeye (Ozette Lake ESU).....  Oncorhynchus nerka.......  Naturally spawned sockeye salmon    70 FR 37160, Jun 28, 2005     226.212     223.203
                                                                    originating from the Ozette River
                                                                    and Ozette Lake and its
                                                                    tributaries. Also, sockeye salmon
                                                                    from the Umbrella Creek/Big River
                                                                    Hatchery Program.
 
                                                                      * * * * * * *
Steelhead (California Central Valley    Oncorhynchus mykiss......  Naturally spawned anadromous O.     71 FR 834, Jan 5, 2006...     226.211     223.203
 DPS).                                                              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
                                                                    includes steelhead from the
                                                                    following artificial propagation
                                                                    programs: The Coleman National
                                                                    Fish Hatchery Program; Feather
                                                                    River Fish Hatchery Program; and
                                                                    the Mokelumne River Hatchery
                                                                    Program.
Steelhead (Central California Coast     Oncorhynchus mykiss......  Naturally spawned anadromous O.     71 FR 834, Jan 5, 2006...     226.211     223.203
 DPS).                                                              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 Chipps Island at the
                                                                    confluence of the Sacramento and
                                                                    San Joaquin Rivers. Also,
                                                                    steelhead from the following
                                                                    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 DPS)..  Oncorhynchus mykiss......  Naturally spawned anadromous O.     71 FR 834, Jan 5, 2006...     226.212     223.203
                                                                    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
                                                                    includes steelhead from the
                                                                    following 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; Sandy
                                                                    Hatchery Late Winter-run Program;
                                                                    Hood River Winter-run Program;
                                                                    Lewis River Wild Late-run Winter
                                                                    Steelhead Program; Upper Cowlitz
                                                                    Wild Program; and the Tilton
                                                                    River Wild Program.

[[Page 72768]]

 
Steelhead (Middle Columbia River DPS).  Oncorhynchus mykiss......  Naturally spawned anadromous O.     71 FR 834, Jan 5, 2006...     226.212     223.203
                                                                    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 includes steelhead from the
                                                                    following 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;
                                                                    and the Deschutes River Program.
                                                                    This DPS does not include
                                                                    steelhead that are designated as
                                                                    part of an experimental
                                                                    population.
 
                                                                      * * * * * * *
Steelhead (Puget Sound DPS)...........  Oncorhynchus mykiss......  Naturally spawned anadromous O.     72 FR 26722, May 11, 2007     226.212     223.203
                                                                    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 the following
                                                                    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; Lower Elwha Fish Hatchery
                                                                    Wild Steelhead Recovery Program;
                                                                    and the Fish Restoration Facility
                                                                    Program.
Steelhead (Snake River Basin DPS).....  Oncorhynchus mykiss......  Naturally spawned anadromous O.     71 FR 834, Jan 5, 2006...     226.212     223.203
                                                                    mykiss (steelhead) originating
                                                                    below natural and manmade
                                                                    impassable barriers from the
                                                                    Snake River basin. Also,
                                                                    steelhead from the following
                                                                    artificial propagation programs:
                                                                    The Tucannon River Program;
                                                                    Dworshak National Fish Hatchery
                                                                    Program; Lolo Creek Program;
                                                                    North Fork Clearwater Program;
                                                                    East Fork Salmon River Natural
                                                                    Program; Little Sheep Creek/
                                                                    Imnaha River Hatchery Program;
                                                                    Little Salmon River (B-run)
                                                                    Program; Squaw Creek Program;
                                                                    Yankee Fork Program; Pahsimeroi
                                                                    River Program; and the South Fork
                                                                    Clearwater Hatchery Program.
 
                                                                      * * * * * * *
Steelhead (Upper Columbia River DPS)..  Oncorhynchus mykiss......  Naturally spawned anadromous O.     71 FR 834, Jan 5, 2006...     226.212     223.203
                                                                    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 the
                                                                    following artificial propagation
                                                                    programs: The Wenatchee River
                                                                    Program; Wells Hatchery Program
                                                                    (in the Methow and Okanogan
                                                                    Rivers); Winthrop National Fish
                                                                    Hatchery Program; Ringold
                                                                    Hatchery Program; and the
                                                                    Okanogan River Program.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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).

* * * * *

PART 224--ENDANGERED MARINE AND ANADROMOUS SPECIES

0
3. 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
4. In Sec.  224.101, amend the table in paragraph (h) by revising the 
entries for ``Salmon, Chinook (Sacramento River winter-run ESU)'' and 
``Salmon, Chinook (Upper Columbia River spring-run ESU)'' to read as 
follows:


Sec.  224.101  Enumeration of endangered marine and anadromous species.

* * * * *
    (h) * * *

[[Page 72769]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                             Species \1\
------------------------------------------------------------------------------------------------------  Citation(s)  for listing   Critical    ESA rules
              Common name                    Scientific name          Description of listed entity          determination(s)        habitat
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Fishes
 
                                                                      * * * * * * *
Salmon, Chinook (Sacramento River       Oncorhynchus tshawytscha.  Naturally spawned winter-run        70 FR 37160, June 28,         226.204          NA
 winter-run ESU).                                                   Chinook salmon originating from     2005.
                                                                    the Sacramento River and its
                                                                    tributaries. Also, winter-run
                                                                    Chinook salmon from the following
                                                                    artificial propagation programs:
                                                                    The Livingston Stone National
                                                                    Fish Hatchery (supplementation
                                                                    and captive broodstock).
Salmon, Chinook (Upper Columbia River   Oncorhynchus tshawytscha.  Naturally spawned spring-run        70 FR 37160, June 28,         226.212          NA
 spring-run ESU).                                                   Chinook salmon originating from     2005.
                                                                    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 the following
                                                                    artificial propagation programs:
                                                                    The Twisp River Program; Methow
                                                                    Program; Winthrop National Fish
                                                                    Hatchery Program; Chiwawa River
                                                                    Program; White River Program; and
                                                                    the Nason Creek Program.
Salmon, coho (Central California Coast  Oncorhynchus kisutch.....  Naturally spawned coho salmon       70 FR 37160, June 28,         226.210          NA
 ESU).                                                              originating from rivers south of    2005; 77 FR 19552, Apr
                                                                    Punta Gorda, California to and      2, 2012.
                                                                    including Aptos Creek, as well as
                                                                    such coho salmon originating from
                                                                    tributaries to San Francisco Bay.
                                                                    Also, coho salmon from the
                                                                    following 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 River ESU).....  Oncorhynchus nerka.......  Naturally spawned anadromous and    70 FR 37160, June 28,         226.205          NA
                                                                    residual sockeye salmon             2005.
                                                                    originating from the Snake River
                                                                    basin. Also, sockeye salmon from
                                                                    the Redfish Lake Captive
                                                                    Broodstock Program.
 
                                                                      * * * * * * *
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\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).

* * * * *
[FR Doc. 2016-25438 Filed 10-20-16; 8:45 am]
 BILLING CODE 3510-22-P