[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Pages 47724-47725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16729]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID: 0648-XC177]


Endangered and Threatened Species; Take of Anadromous Fish

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

ACTION: Notice; determination on a tribal resource management plan.

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SUMMARY: Notice is hereby given that NMFS has made a final 
determination on the Hoopa Valley Tribe's Tribal Resource Management 
Plan (TRMP). The determination is pursuant to the limitation on take 
prohibitions for actions conducted under Tribal Resource Management 
Plans promulgated under the 4(d) Rule of the Endangered Species Act 
(ESA) (Tribal 4(d) Rule). The TRMP specifies harvest, research, and 
monitoring activities for tribal fisheries affecting ESA-listed 
Southern Oregon/Northern California Coast Coho Salmon in the portion of 
the Trinity River within the Hoopa Valley Reservation. As required by 
the Tribal 4(d) Rule, NMFS sought public comment on its pending 
determination prior to making a final determination.

FOR FURTHER INFORMATION CONTACT: Anthony Siniscal at 971-322-8407, or 
via email: [email protected].

SUPPLEMENTARY INFORMATION:

ESA Listed Species Covered in This Notice

Southern Oregon/Northern California Coast Coho salmon (Oncorhynchus 
kisutch)
Evolutionarily Significant Unit: threatened, naturally produced, and 
artificially propagated.

Background

    The Hoopa Valley Tribe submitted a TRMP for review under the ESA 
Tribal 4(d) Rule. Under section 4 of the ESA, the Secretary of Commerce 
(Secretary) is required to adopt such regulations as deemed necessary 
and advisable for the conservation of species listed as threatened. The 
ESA salmon and

[[Page 47725]]

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 criteria 
for such activities to qualify as limits on take prohibitions. The ESA 
Tribal 4(d) Rule (65 FR 42481, July 10, 2000) states that the take 
prohibitions of ESA Section 9 will not apply to a TRMP provided that 
the Secretary has determined that the TRMP will not appreciably reduce 
the likelihood of survival and recovery for the listed species (50 CFR 
223.204(a)).
    The Hoopa Valley Tribe's TRMP provides a framework through which 
Tribal salmon fisheries can be implemented while meeting requirements 
specified under the ESA. The TRMP describes the proposed fisheries, 
establishes limits for harvest, and describes monitoring, evaluation, 
and reporting provisions associated with the fisheries. The TRMP 
management objective is for the Tribe to conduct fisheries in a manner 
that does not appreciably reduce the likelihood of survival and 
recovery of ESA-listed coho salmon.
    NMFS has analyzed the effects of the TRMP on ESA-listed salmon and 
steelhead species and has concluded that the TRMP would not appreciable 
reduce the likelihood of survival and recovery of ESA-listed species, 
while providing for the proposed tribal harvest opportunities. Our 
determination depends upon implementation of all of the monitoring, 
evaluation, reporting tasks or assignments, and enforcement activities 
included in the TRMP, and that the fisheries stay within the impact 
limits described in the TRMP.

Summary of Comments Received on the Proposed Evaluation and Pending 
Determination

    Prior to making a final determination on Tribal Plans, NMFS must 
take comments on its pending determination as to whether or not 
implementation of the plan will appreciably reduce the likelihood of 
survival and recovery of ESA-listed salmonids (50 CFR 223.204(b)(3)). 
NMFS assessed the TRMP and prepared a Proposed Evaluation and Pending 
Determination (PEPD). The PEPD was posted on the NMFS website and a 
notice of availability was posted in the Federal Register on February 
23, 2022 (87 FR 10174). The public comment period expired on March 25, 
2022. No comments were received on the PEPD. The PEPD and an Evaluation 
and Recommended Determination are available at: https://www.fisheries.noaa.gov/action/tribal-resource-management-plan-trmp-hoopa-valley-tribe.
    Authority: 16 U.S.C. 1531 et seq.; 16 U.S.C. 742a et seq.

    Dated: July 29, 2022.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2022-16729 Filed 8-3-22; 8:45 am]
BILLING CODE 3510-22-P