[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Notices]
[Pages 20862-20863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07330]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC891]
Endangered and Threatened Species; Take of Anadromous Fish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of final determination and discussion of underlying
biological and environmental analyses; notice of availability of
Finding of No Significant Impact.
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SUMMARY: NMFS has evaluated the joint resource management plan (RMP)
submitted to NMFS by the Sauk-Suiattle Indian Tribe, Swinomish Indian
Tribal Community, Upper Skagit Indian Tribe, and the Washington
Department of Fish and Wildlife, pursuant to the limitation on take
prohibitions for actions conducted under Limit 6 of the 4(d) Rule for
salmon and steelhead promulgated under the Endangered Species Act
(ESA). The Skagit River steelhead fishery RMP manages harvest of ESA-
listed, Skagit River steelhead in Treaty Indian fisheries and non-
Treaty recreational fisheries in the Skagit River terminal area of
Washington State. This document serves to notify the public that NMFS,
by delegated authority from the Secretary of Commerce, had determined
pursuant to Limit 6 of the 4(d) Rule for salmon and steelhead that
implementing and enforcing this RMP will not appreciably reduce the
likelihood of survival and recovery of Puget Sound steelhead. In
compliance with the National Environmental Policy Act (NEPA), NMFS also
announces the availability of its Finding of No Significant Impact for
the Skagit River steelhead fisheries, under the RMP.
DATES: The final determination of take prohibition limitation under the
ESA was made on March 22, 2023. The Finding of No Significant Impact
was signed on March 22, 2023.
ADDRESSES: Written responses to the determination should be addressed
to the NMFS Sustainable Fisheries Division, 1009 College St. Southeast,
Suite 210, Lacey, WA 98503.
FOR FURTHER INFORMATION CONTACT: James Dixon at (360) 522-3673 or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
ESA-Listed Species Covered in This Notice
Steelhead (Oncorhynchus mykiss): threatened, naturally produced and
artificially propagated Puget Sound.
Background
The Sauk-Suiattle Indian Tribe, Swinomish Indian Tribal Community,
Upper Skagit Indian Tribe, and Washington Department of Fish and
Wildlife have jointly submitted a steelhead fishery RMP to NMFS
pursuant to the limitation on take prohibitions for actions conducted
under Limit 6 of the 4(d) Rule for salmon and steelhead promulgated
under the Endangered Species Act (ESA). The plan was submitted on
December 6, 2021, pursuant to limit 6 of the 4(d) Rule for ESA-listed
salmon and steelhead. The RMP would manage the harvest of Skagit River
natural-origin steelhead in the Skagit River terminal marine area. As
required, NMFS took public comments on its recommended determination
for how the plans address the criteria in Sec. 223.203(b)(5) prior to
making its final determination.
Discussion of the Biological Analysis Underlying the Determination
The goal of the Skagit RMP is to provide steelhead fishing
opportunities for the Skagit River Treaty Indian Tribes and for
recreational fishers, in a manner that is conservative at higher run
sizes and increasingly so at lower run sizes. For a period of 10 years
(through April 30, 2032), the Skagit RMP will allow implementation of
annual steelhead fisheries in the Skagit terminal management area
consistent with the impact limits, management framework, enforcement
and monitoring requirements, as described in the RMP. The Skagit RMP
utilizes an abundance-based, stepped harvest regime to determine annual
harvest rates, based on the annual estimated run size. These stepped
harvest rates range from a 4 percent total allowable harvest rate at
low run sizes (<4,001 adults) to 25 percent for runs greater than 8,001
adults.
The Sustainable Fisheries Division (SFD) has analyzed the Skagit
RMP's proposed abundance-based, stepped harvest regime, along with the
conservation measures proposed in the plan. We have concluded that the
Skagit RMP would provide effective protection to the Skagit River
steelhead populations and would not jeopardize the Puget Sound
Steelhead Distinct Population Segment (DPS) based on parameters
defining a viable salmonid population in terms of overall abundance and
productivity, as well as the diversity and spatial structure of the
steelhead within the Skagit River basin and the role of the Skagit
steelhead to the larger DPS. The Skagit RMP will provide for the
proposed harvest opportunities while not appreciably slowing the
population's achievement of viable function or appreciable reducing the
survival and recovery of the Puget Sound Steelhead DPS.
NMFS' determination on the Skagit RMP depends upon implementation
of all of the monitoring, evaluation, reporting tasks or assignments,
and enforcement activities included in the RMP. Reporting and inclusion
of new information derived from research, monitoring, and evaluation
activities described in the plan provide assurance that performance
standards will be achieved in future seasons. NMFS' evaluation is
available on the West Coast Region website at: https://www.fisheries.noaa.gov/action/skagit-basin-steelhead-fishery.
Summary of Comments Received in the Response to the Proposed Evaluation
and Pending Determination
NMFS published notice of its Proposed Evaluation and Pending
Determination (PEPD) on the plan for public review and comment on
December 23, 2022 (87 FR 78944). The PEPD was available for public
review and comment for 30 days.
During the public comment period, 28 comments were received, all by
email. These came in the form of: individual, unique comments, and
letters from fishing and conservation organizations. NMFS thoroughly
reviewed and considered all of the substantive comments received from
the public and the additional literature cited. This review of new
information and data informed NMFS' subsequent analysis, in its
biological opinion, but did not lead to any changes to the Skagit RMP,
as submitted, or to SFD's determination that the plan adequately
addresses the 4(d), Limit 6 criteria. A section summarizing and
responding to the substantive comments received during the public
comment period on the PEPD is included as part of the final evaluation
document, available on the West Coast Region website. Based on its
evaluation and recommended determination, and considering the public
comments, NMFS issued its final determination on the joint state-tribal
plan on March 22, 2023.
[[Page 20863]]
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 (50 CFR 223.203(b)) specifies categories of
activities that contribute to the conservation of listed salmonids and
sets out the criteria for such activities. The rule further provides
that the prohibitions of paragraph (a) of the rule do not apply to
actions undertaken in compliance with a plan developed jointly by a
state and a tribe and determined by NMFS to be in accordance with the
salmon and steelhead 4(d) Rule (65 FR 42422, July 10, 2000).
Dated: April 4, 2023.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2023-07330 Filed 4-6-23; 8:45 am]
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