[Federal Register Volume 82, Number 49 (Wednesday, March 15, 2017)]
[Notices]
[Page 13801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05074]



[[Page 13801]]

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF257


Endangered and Threatened Species; Take of Anadromous Fish

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

ACTION: Notice of availability for final Environmental Assessment and 
Finding of No Significant Impact.

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

SUMMARY: Notice is hereby given that the Final Environmental Assessment 
(EA) and Finding of No Significant Impact (FONSI) associated with the 
California Department of Fish and Wildlife (CDFW)'s Mad River Hatchery 
Genetics Management Plan (HGMP) for winter-run steelhead hatchery 
production is now available to the public. The HGMP and associated 
Biological Opinion are also available to the public.
    Project location: Lower Mad River watershed, north coast, 
California.

ADDRESSES: You may access a copy of the HGMP, Final EA, FONSI, 4(d) 
Rule decision memo, and other documents by one of the following:
     Visit the NMFS Web site, http://www.westcoast.fisheries.noaa.gov/hatcheries/hgmp/mad_river_w-steelhead_plan.html.
     Call (707) 834-7897 and request to have a CD or hard copy 
mailed to you.
     Obtain a CD or hard copy by visiting the NOAA Fisheries 
West Coast Region California Coastal Office, 1655 Heindon Road, Arcata, 
CA 95521.

FOR FURTHER INFORMATION CONTACT: Wes Smith, Telephone: (707) 834-7897, 
Fax: 707-825-4840 or email: [email protected].

SUPPLEMENTARY INFORMATION: NOAA's NMFS is the lead agency responsible 
for administering the Endangered Species Act (ESA) as it relates to 
listed salmon, steelhead, and marine species. Section 9 of the ESA 
prohibits take of endangered species. Section 4(d) of the ESA also 
gives NMFS the authority to promulgate a regulation that applies the 
take prohibitions of section 9 to threatened species. In 2000, NMFS 
issued a ``4(d) rule'' (65 FR 42422; 50 CFR 223.203; updated June 28, 
2005, 70 FR 37160) which broadly prohibits take of threatened steelhead 
and salmon species. The 4(d) rule also lists certain ``limits'' to the 
take prohibitions. Limit 5 of the 4(d) rule for threatened steelhead 
and salmon provides that the take prohibition does not apply to 
activities associated with artificial propagation programs that follow 
a HGMP that meets certain criteria and has been approved by NMFS. (50 
CFR 223.203(b)(5)). The final decision on the HGMP is pursuant to ESA 
section 4 and documented in a separate decision memo. The memo is also 
available to the public.
    CDFW's HGMP for Mad River winter-run steelhead provides the 
framework through which CDFW can manage hatchery operations, 
monitoring, and evaluation activities, while meeting requirements 
specified under the ESA. The hatchery program will propagate steelhead 
derived from the local steelhead population in the Mad River, ensuring 
that at least half of the Mad River Hatchery winter-run steelhead 
spawning pairs are hatchery spawned natural-origin and match natural-
origin steelhead with their natural counterparts whenever possible. 
Measures will be applied in the hatchery program to reduce the risk of 
incidental adverse genetic, ecological, and demographic effects on 
natural-origin steelhead and salmon populations. CDFW runs the hatchery 
to create a recreational steelhead fishery in the lower Mad River 
watershed, north coast California. CDFW submitted the Mad River winter-
run steelhead HGMP to NMFS to determine as to whether the HGMP meets 
the criteria of Limit 5 of the 4(d) Rule.
    NMFS published notification of the HGMP and draft EA's availability 
for public review and comment on March 28, 2016 for 30 days (81 FR 
17143) and, upon request, provided a 15-day extension notice for public 
review and comment on May 4, 2016 (81 FR 26775). NMFS received four 
comment letters. All comments were directed toward the HGMP and were 
addressed by CDFW. CDFW's responses and associated changes to the HGMP 
were reviewed by NMFS. Several minor changes were made to the final EA 
to ensure a thorough review and to maintain consistency.

Species Covered in This Notice

Southern Oregon/Northern California Coast (SONCC) coho salmon ESU
    (Oncorhynchus kisutch)
    Threatened (70 FR 37160; June 28, 2005)
    Designated critical habitat (64 FR 24049; May 5, 1999)
California Coastal (CC) Chinook Salmon ESU
    (O. tsawytscha)
    Threatened (70 FR 37160; June 28, 2005)
    Designated critical habitat (70 FR 52488; September 2, 2005)
Northern California (NC) steelhead DPS
    (O. mykiss)
    Threatened (71 FR 834; January 5, 2006)
    Designated critical habitat (70 FR 52488; September 2, 2005)

    Authority: Under section 4 of the ESA, the Secretary of Commerce is 
required to adopt such regulations as he deems necessary and advisable 
for the conservation of species listed as threatened. The ESA salmon 
and steelhead 4(d) rule (65 FR 42422; July 10, 2000, as updated in 70 
FR 37160; June 28, 2005) specifies categories of activities that 
contribute to the conservation of listed salmonids and sets out the 
criteria for such activities. Limit 5 of the updated 4(d) rule (50 CFR 
223.203(b)(5)) further provides that the prohibitions of paragraph (a) 
of the updated 4(d) rule (50 CFR 223.203(a)) do not apply to activities 
associated with artificial propagation programs provided that an HGMP 
has been approved by NMFS to be in accordance with the salmon and 
steelhead 4(d) rule (65 FR 42422; July 10, 2000, as updated in 70 FR 
37160; June 28, 2005).

    Dated: March 9, 2017.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2017-05074 Filed 3-14-17; 8:45 am]
 BILLING CODE 3510-22-P