[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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