[Federal Register Volume 89, Number 42 (Friday, March 1, 2024)]
[Notices]
[Pages 15168-15169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04311]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD762]


Endangered and Threatened Species: Expiration of Nonessential 
Experimental Population Designation for Middle Columbia River Steelhead 
Upstream of Round Butte Dam, Deschutes River Basin, Oregon

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

ACTION: Notice.

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

SUMMARY: NMFS hereby gives notice that the nonessential experimental 
population (NEP) designation and accompanying protective measures for 
Middle Columbia River (MCR) steelhead occurring in all accessible 
reaches upstream of Round Butte Dam on the Deschutes River, Oregon, 
shall expire at midnight (00:00 hours; Pacific Standard Time) on 
January 15, 2025. Upon expiration, all steelhead that occur upstream of 
Round Butte Dam will be designated as threatened under the Endangered 
Species Act (ESA). This notice does not extend the upstream limit of 
existing critical habitat for MCR steelhead in the Deschutes River, nor 
does it designate new critical habitat.

FOR FURTHER INFORMATION CONTACT: Scott Carlon, Portland, Oregon, (971) 
322-7436, email: [email protected].

[[Page 15169]]


SUPPLEMENTARY INFORMATION: On March 25, 1999, we listed the MCR 
steelhead distinct population segment (DPS) as threatened under the ESA 
(64 FR 14517). The MCR steelhead DPS range covers approximately 35,000 
square miles (90,650 square kilometers (km)) of the Columbia plateau in 
eastern Oregon and eastern Washington. The Deschutes River in central 
Oregon is one of six major river basins supporting steelhead in this 
distinct population segment. Since about 1968, the Pelton Round Butte 
Hydroelectric Project (Pelton Round Butte Project) on the Deschutes 
River entirely blocked MCR steelhead from accessing nearly 200 miles 
(322 km) of historical spawning and rearing habitat. In 2005, the 
Federal Energy Regulatory Commission issued a new 50-year license for 
the Pelton Round Butte Project. The new license required fish passage 
and the ensuing reintroduction of anadromous fish to historic habitat 
upstream of the Pelton Round Butte Project.
    The specific stock chosen to initiate steelhead reintroduction was 
from the Round Butte Hatchery, a stock that was not included in the 
original 1999 ESA listing. After the new license was issued in June 
2005 and reintroduction planning was largely completed, we included the 
Round Butte Hatchery steelhead stock as part of the threatened group of 
steelhead (71 FR 834, January 5, 2007), thus the reintroduction 
introduced ESA take liabilities to land and water users upstream of the 
Pelton Round Butte Project. We subsequently issued a final rule for the 
NEP designation that had an expiration date 12 years from the effective 
date of the final rule (78 FR 2893, January 15, 2013). More information 
about this designation, including the additional protective measures 
can be found in the Federal Register notice for that final rule.
    The purpose of the NEP designation was to temporarily lift certain 
take liabilities and consultation requirements to allow time for local 
landowners and municipalities to develop well-informed conservation 
measures to support the reintroduction effort in the Upper Deschutes 
River basin. Subsequent to the NEP designation, eight irrigation 
districts and one municipality completed a large habitat conservation 
plan containing measures that address potential impacts to anadromous 
fish species including MCR steelhead. The habitat conservation plan 
addresses nearly all the waters that support MCR steelhead, and we 
recently issued an incidental take permit to the eight irrigation 
districts and municipality under section 10(a)(1)(B) of the ESA (88 FR 
3392, January 19, 2023).

    Dated: February 26, 2024.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2024-04311 Filed 2-29-24; 8:45 am]
BILLING CODE 3510-22-P