80 FR 15984 - Endangered and Threatened Species; Take of Anadromous Fish
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 58 (March 26, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 58 (March 26, 2015)
| Page Range | 15984-15985 | |
| FR Document | 2015-06927 |
[Federal Register Volume 80, Number 58 (Thursday, March 26, 2015)] [Notices] [Pages 15984-15985] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06927] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XD852 Endangered and Threatened Species; Take of Anadromous Fish AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; availability of NMFS evaluation of joint state/tribal hatchery plans and request for comment. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the Washington Department of Fish and Wildlife (WDFW), with the Jamestown S'Klallam Tribe, the Lummi Nation, the Nooksack Tribe, the Stillaguamish Tribes, and the Tulalip Tribes as the U.S. v. Washington salmon resource co-managers, has submitted three Hatchery and Genetic Management Plans, to be considered jointly, 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 plans specify the propagation of early-returning (``early'') winter steelhead in the Dungeness, Nooksack, and Stillaguamish River watersheds of Washington State. This document serves to notify the public of the availability for comment of the proposed evaluation of the Secretary of Commerce (Secretary) as to whether implementation of the joint plans will appreciably reduce the likelihood of survival and recovery of ESA- listed Puget Sound steelhead, Puget Sound Chinook salmon, and Hood Canal summer chum salmon. This notice further advises the public of the availability for review of a draft Environmental Assessment of the effects of the NMFS determination on the subject joint plans. DATES: Comments must be received at the appropriate address or email mailbox (see ADDRESSES) no later than 5 p.m. Pacific time on April 27, 2015. ADDRESSES: Written comments on the proposed evaluation and pending determination should be addressed to the NMFS Sustainable Fisheries [[Page 15985]] Division, 510 Desmond Dr., Suite 103, Lacey, WA 98503, or faxed to (360) 753-9517. Comments may be submitted by email. The mailbox address for providing email comments is: EWSteelheadHatcheries.wcr@noaa.gov. Include in the subject line of the email comment the following identifier: Comments on Early Winter Steelhead Hatchery Programs. When commenting on the draft environmental assessment, please refer to the specific page number and line number of the subject of your comment. The Secretary's proposed evaluation of effects on listed steelhead and salmon, and the draft Environmental Assessment are also available on the Internet at www.westcoast.fisheries.noaa.gov. Comments received will also be available for public inspection, by appointment, during normal business hours by calling (503) 230-5418. FOR FURTHER INFORMATION CONTACT: Tim Tynan at (360) 753-9579 or email: tim.tynan@noaa.gov. SUPPLEMENTARY INFORMATION: ESA-Listed Species Covered in This Notice Steelhead (Oncorhynchus mykiss): Threatened, naturally produced and artificially propagated Puget Sound. Chinook salmon (O. tshawytscha): Threatened, naturally produced and artificially propagated Puget Sound. Chum salmon (O. keta): Threatened, naturally produced and artificially propagated Hood Canal summer-run. Bull trout (Salvelinus confluentus): Threatened Puget Sound/ Washington Coast. The WDFW, with the Jamestown S'Klallam Tribe, the Lummi Nation, the Nooksack Tribe, the Stillaguamish Tribes, and the Tulalip Tribes as the U.S. v. Washington salmon resource co-managers, has submitted to NMFS plans for three jointly operated hatchery programs in the Dungeness, Nooksack, and Stillaguamish river basins. The plans were submitted in July 2014, pursuant to limit 6 of the 4(d) Rule for the listed Puget Sound steelhead distinct population segment (DPS), and the listed Puget Sound Chinook Salmon and listed Hood Canal Summer Chum Salmon evolutionarily significant units (ESU). The plans reflect refinements of draft versions of the plans provided previously and evaluated pursuant to the 4(d) Rule. The hatchery programs would release early winter steelhead that are not included as part of the ESA-listed Puget Sound Steelhead Distinct Population Segment into the Dungeness River, Nooksack River, and Stillaguamish River watersheds. All three programs would release fish that are not native to the watersheds. As required by the ESA 4(d) rule (65 FR 42422, July 10, 2000, as updated in 70 FR 37160, June 28, 2005), the Secretary is seeking public comment on her pending determination as to whether the joint plans for early winter steelhead hatchery programs in the Dungeness River, Nooksack River, and Stillaguamish River would appreciably reduce the likelihood of survival and recovery of ESA-listed Puget Sound steelhead and Puget Sound salmon. Under section 4(d) of the ESA, the Secretary is required to adopt such regulations as she deems necessary and advisable for the conservation of species listed as threatened. NMFS has issued a final ESA 4(d) Rule for salmon and steelhead, adopting in Limit 6 regulations necessary and advisable to harmonize statutory conservation requirements with tribal rights and the Federal trust responsibility to tribes (50 CFR 223.209). This 4(d) Rule applies the prohibitions enumerated in section 9(a)(1) of the ESA. NMFS did not find it necessary and advisable to apply the take prohibitions described in section 9(a)(1)(B) and 9(a)(1)(C) to artificial propagation activities if those activities are managed in accordance with a joint plan whose implementation has been determined by the Secretary to not appreciably reduce the likelihood of survival and recovery of the listed salmonids. As specified in limit 6 of the 4(d) Rule, before the Secretary makes a decision on the joint plan, the public must have an opportunity to review and comment on the pending determination. Authority Under section 4 of the ESA, the Secretary of Commerce is required to adopt such regulations as she 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 6 of the updated 4(d) rule (50 CFR 223.203(b)(6)) 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 a joint state/tribal artificial propagation plan provided that the joint plan has been determined 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). We also apply this notice in accordance with the requirements of NEPA as amended (42 U.S.C. 4371 et seq.) and its implementing regulations (40 CFR 1506.6), and other appropriate Federal laws and regulations, and policies and procedures of NMFS for compliance with those regulations. Dated: March 23, 2015. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2015-06927 Filed 3-25-15; 8:45 am] BILLING CODE 3510-22-P
![15984 Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Notices
(ii) evidence submitted in support of and completeness of that information.26 4802.62.6020, and 4802.69.3000. Although
allegations; (iii) publicly available The Department intends to reject factual the HTSUS subheadings are provided for
information to value factors under 19 submissions if the submitting party does convenience and customs purposes, the
written description of the scope of the
CFR 351.408(c) or to measure the not comply with the certification
investigation is dispositive.
adequacy of remuneration under 19 CFR requirements provided in 19 CFR
351.511(a)(2); (iv) evidence placed on 351.303(g) and implemented in the [FR Doc. 2015–06867 Filed 3–25–15; 8:45 am]
the record by the Department; and (v) Final Rule.27 BILLING CODE 3510–DS–P
evidence other than factual information
Notification to Interested Parties
described in (i)–(iv). The regulation
requires any party, when submitting Interested parties must submit DEPARTMENT OF COMMERCE
factual information, to specify under applications for disclosure under APO
in accordance with 19 CFR 351.305. On National Oceanic and Atmospheric
which subsection of 19 CFR Administration
351.102(b)(21) the information is being January 22, 2008, we published
submitted and, if the information is Antidumping and Countervailing Duty RIN 0648–XD852
submitted to rebut, clarify, or correct Proceedings: Documents Submission
factual information already on the Procedures; APO Procedures, 73 FR Endangered and Threatened Species;
record, to provide an explanation 3634 (January 22, 2008). Parties wishing Take of Anadromous Fish
identifying the information already on to participate in this investigation AGENCY: National Marine Fisheries
the record that the factual information should ensure that they meet the Service (NMFS), National Oceanic and
seeks to rebut, clarify, or correct. Time requirements of these procedures (e.g., Atmospheric Administration (NOAA),
limits for the submission of factual the filing of letters of appearance as Commerce.
information are addressed in 19 CFR discussed at 19 CFR 351.103(d)).
ACTION: Notice; availability of NMFS
351.301, which provides specific time This notice is issued and published
pursuant to sections 702 and 777(i) of evaluation of joint state/tribal hatchery
limits based on the type of factual plans and request for comment.
information being submitted. Please the Act.
review the regulations prior to Dated: March 18, 2015. SUMMARY: Notice is hereby given that
submitting factual information in this Paul Piquado, the Washington Department of Fish and
investigation. Assistant Secretary for Enforcement and Wildlife (WDFW), with the Jamestown
Compliance. S’Klallam Tribe, the Lummi Nation, the
Extensions of Time Limits
Nooksack Tribe, the Stillaguamish
Parties may request an extension of Appendix I Tribes, and the Tulalip Tribes as the
time limits before the expiration of a Scope of the Investigation U.S. v. Washington salmon resource co-
time limit established under Part 351, or The merchandise covered by this managers, has submitted three Hatchery
as otherwise specified by the Secretary. investigation is supercalendered paper (SC and Genetic Management Plans, to be
In general, an extension request will be paper). SC paper is uncoated paper that has considered jointly, to NMFS pursuant to
considered untimely if it is filed after undergone a calendering process in which the limitation on take prohibitions for
the expiration of the time limit the base sheet, made of pulp and filler actions conducted under Limit 6 of the
established under Part. For submissions (typically, but not limited to, clay, talc, or 4(d) Rule for salmon and steelhead
that are due from multiple parties other mineral additive), is processed through promulgated under the Endangered
a set of supercalenders, a supercalender, or
simultaneously, an extension request Species Act (ESA). The plans specify
a soft nip calender operation.28
will be considered untimely if it is filed The scope of this investigation covers all the propagation of early-returning
after 10:00 a.m. on the due date. Under SC paper regardless of basis weight, (‘‘early’’) winter steelhead in the
certain circumstances, we may elect to brightness, opacity, smoothness, or grade, Dungeness, Nooksack, and
specify a different time limit by which and whether in rolls or in sheets. Further, the Stillaguamish River watersheds of
extension requests will be considered scope covers all SC paper that meets the Washington State. This document serves
untimely for submissions which are due scope definition regardless of the type of to notify the public of the availability
from multiple parties simultaneously. In pulp fiber or filler material used to produce for comment of the proposed evaluation
such a case, we will inform parties in the paper. of the Secretary of Commerce
Specifically excluded from the scope are
the letter or memorandum setting forth (Secretary) as to whether
imports of paper printed with final content
the deadline (including a specified time) of printed text or graphics. implementation of the joint plans will
by which extension requests must be Subject merchandise primarily enters appreciably reduce the likelihood of
filed to be considered timely. An under Harmonized Tariff Schedule of the survival and recovery of ESA-listed
extension request must be made in a United States (HTSUS) subheading Puget Sound steelhead, Puget Sound
separate, stand-alone submission; under 4802.61.3035, but may also enter under Chinook salmon, and Hood Canal
limited circumstances we will grant subheadings 4802.61.3010, 4802.62.3000, summer chum salmon.
untimely-filed requests for the extension This notice further advises the public
of time limits. Review Extension of 26 See section 782(b) of the Act. of the availability for review of a draft
27 See Certification of Factual Information to
Time Limits; Final Rule, 78 FR 57790 Environmental Assessment of the effects
Import Administration During Antidumping and
(September 20, 2013), available at Countervailing Duty Proceedings, 78 FR 42678 (July
of the NMFS determination on the
http://www.gpo.gov/fdsys/pkg/FR-2013- 17, 2013) (Final Rule); see also frequently asked subject joint plans.
09-20/html/2013-22853.htm, prior to questions regarding the Final Rule, available at DATES: Comments must be received at
mstockstill on DSK4VPTVN1PROD with NOTICES
submitting factual information in this http://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
the appropriate address or email
segment. 28 Supercalendering and soft nip calendering mailbox (see ADDRESSES) no later than 5
Certification Requirements processing, in conjunction with the mineral filler p.m. Pacific time on April 27, 2015.
contained in the base paper, are performed to ADDRESSES: Written comments on the
Any party submitting factual enhance the surface characteristics of the paper by
imparting a smooth and glossy printing surface.
proposed evaluation and pending
information in an AD or CVD Supercalendering and soft nip calendering also determination should be addressed to
proceeding must certify to the accuracy increase the density of the base paper. the NMFS Sustainable Fisheries
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![Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Notices 15985
Division, 510 Desmond Dr., Suite 103, three programs would release fish that We also apply this notice in
Lacey, WA 98503, or faxed to (360) 753– are not native to the watersheds. accordance with the requirements of
9517. Comments may be submitted by As required by the ESA 4(d) rule (65 NEPA as amended (42 U.S.C. 4371 et
email. The mailbox address for FR 42422, July 10, 2000, as updated in seq.) and its implementing regulations
providing email comments is: 70 FR 37160, June 28, 2005), the (40 CFR 1506.6), and other appropriate
EWSteelheadHatcheries.wcr@noaa.gov. Secretary is seeking public comment on Federal laws and regulations, and
Include in the subject line of the email her pending determination as to policies and procedures of NMFS for
comment the following identifier: whether the joint plans for early winter compliance with those regulations.
Comments on Early Winter Steelhead steelhead hatchery programs in the Dated: March 23, 2015.
Hatchery Programs. When commenting Dungeness River, Nooksack River, and
Angela Somma,
on the draft environmental assessment, Stillaguamish River would appreciably
reduce the likelihood of survival and Chief, Endangered Species Division, Office
please refer to the specific page number of Protected Resources, National Marine
and line number of the subject of your recovery of ESA-listed Puget Sound
Fisheries Service.
comment. The Secretary’s proposed steelhead and Puget Sound salmon.
Under section 4(d) of the ESA, the [FR Doc. 2015–06927 Filed 3–25–15; 8:45 am]
evaluation of effects on listed steelhead
and salmon, and the draft Secretary is required to adopt such BILLING CODE 3510–22–P
Environmental Assessment are also regulations as she deems necessary and
available on the Internet at advisable for the conservation of species
listed as threatened. NMFS has issued a DEPARTMENT OF COMMERCE
www.westcoast.fisheries.noaa.gov.
Comments received will also be final ESA 4(d) Rule for salmon and Bureau of Economic Analysis
available for public inspection, by steelhead, adopting in Limit 6
appointment, during normal business regulations necessary and advisable to [Docket No. 150128086–5086–01]
hours by calling (503) 230–5418. harmonize statutory conservation RIN 0691–XC034]
requirements with tribal rights and the
FOR FURTHER INFORMATION CONTACT: Tim
Federal trust responsibility to tribes (50 BE–45: Quarterly Survey of Insurance
Tynan at (360) 753–9579 or email: CFR 223.209).
tim.tynan@noaa.gov. Transactions by U.S. Insurance
This 4(d) Rule applies the Companies With Foreign Persons
SUPPLEMENTARY INFORMATION: prohibitions enumerated in section
9(a)(1) of the ESA. NMFS did not find AGENCY: Bureau of Economic Analysis,
ESA-Listed Species Covered in This Commerce.
Notice it necessary and advisable to apply the
take prohibitions described in section ACTION: Notice of reporting
Steelhead (Oncorhynchus mykiss): 9(a)(1)(B) and 9(a)(1)(C) to artificial requirements.
Threatened, naturally produced and propagation activities if those activities
artificially propagated Puget Sound. are managed in accordance with a joint SUMMARY: By this Notice, the Bureau of
Chinook salmon (O. tshawytscha): plan whose implementation has been Economic Analysis (BEA), Department
Threatened, naturally produced and determined by the Secretary to not of Commerce, is informing the public
artificially propagated Puget Sound. appreciably reduce the likelihood of that it is conducting the mandatory
Chum salmon (O. keta): Threatened, survival and recovery of the listed survey titled Quarterly Survey of
naturally produced and artificially salmonids. As specified in limit 6 of the Insurance Transactions by U.S.
propagated Hood Canal summer-run. 4(d) Rule, before the Secretary makes a Insurance Companies with Foreign
Bull trout (Salvelinus confluentus): decision on the joint plan, the public Persons (BE–45). This survey is
Threatened Puget Sound/Washington must have an opportunity to review and authorized by the International
Coast. comment on the pending determination. Investment and Trade in Services
The WDFW, with the Jamestown Survey Act.
S’Klallam Tribe, the Lummi Nation, the Authority SUPPLEMENTARY INFORMATION: This
Nooksack Tribe, the Stillaguamish Under section 4 of the ESA, the Notice constitutes legal notification to
Tribes, and the Tulalip Tribes as the Secretary of Commerce is required to all United States persons (defined
U.S. v. Washington salmon resource co- adopt such regulations as she deems below) who meet the reporting
managers, has submitted to NMFS plans necessary and advisable for the requirements set forth in this Notice that
for three jointly operated hatchery conservation of species listed as they must respond to, and comply with,
programs in the Dungeness, Nooksack, threatened. The ESA salmon and the survey. Reports are due 60 days after
and Stillaguamish river basins. The steelhead 4(d) rule (65 FR 42422, July the end of the U.S. person’s fiscal
plans were submitted in July 2014, 10, 2000, as updated in 70 FR 37160, quarter, except for the final quarter of
pursuant to limit 6 of the 4(d) Rule for June 28, 2005) specifies categories of the U.S. person’s fiscal year when
the listed Puget Sound steelhead activities that contribute to the reports must be filed within 90 days.
distinct population segment (DPS), and conservation of listed salmonids and This notice is being issued in
the listed Puget Sound Chinook Salmon sets out the criteria for such activities. conformance with the rule BEA issued
and listed Hood Canal Summer Chum Limit 6 of the updated 4(d) rule (50 CFR in 2012 (77 FR 24373) establishing
Salmon evolutionarily significant units 223.203(b)(6)) further provides that the guidelines for collecting data on
(ESU). The plans reflect refinements of prohibitions of paragraph (a) of the international trade in services and direct
draft versions of the plans provided updated 4(d) rule (50 CFR 223.203(a)) investment through notices, rather than
mstockstill on DSK4VPTVN1PROD with NOTICES
previously and evaluated pursuant to do not apply to activities associated through rulemaking. Additional
the 4(d) Rule. The hatchery programs with a joint state/tribal artificial information about BEA’s collection of
would release early winter steelhead propagation plan provided that the joint data on international trade in services
that are not included as part of the ESA- plan has been determined by NMFS to and direct investment can be found in
listed Puget Sound Steelhead Distinct be in accordance with the salmon and the 2012 rule, the International
Population Segment into the Dungeness steelhead 4(d) rule (65 FR 42422, July Investment and Trade in Services
River, Nooksack River, and 10, 2000, as updated in 70 FR 37160, Survey Act (22 U.S.C. 3101 et seq.), and
Stillaguamish River watersheds. All June 28, 2005). 15 CFR part 801. Survey data on
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Document Created: 2015-12-18 11:46:45
Document Modified: 2015-12-18 11:46:45
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice; availability of NMFS evaluation of joint state/tribal hatchery plans and request for comment. | |
| Contact | Tim Tynan at (360) 753-9579 or email: [email protected] | |
| FR Citation | 80 FR 15984 | |
| RIN Number | 0648-XD85 |
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