81 FR 87548 - Endangered and Threatened Species; Take of Anadromous Fish
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 233 (December 5, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 233 (December 5, 2016)
| Page Range | 87548-87550 | |
| FR Document | 2016-29068 |
[Federal Register Volume 81, Number 233 (Monday, December 5, 2016)] [Notices] [Pages 87548-87550] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29068] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF053 Endangered and Threatened Species; Take of Anadromous Fish AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. [[Page 87549]] ACTION: Notice of determination and availability of analysis documents on ten hatchery programs rearing salmon and steelhead in Hood Canal, Puget Sound, Washington State. ----------------------------------------------------------------------- SUMMARY: NMFS has evaluated ten Hatchery and Genetics Management Plans (HGMPs) submitted 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 HGMPs specify the propagation of Chinook, coho, pink, and fall chum salmon and steelhead in the Hood Canal watershed of Washington State. This document serves to notify the public that NMFS, by delegated authority from the Secretary of Commerce, has determined pursuant to Limit 6 of the ESA 4(d) Rule for salmon and steelhead that implementing and enforcing the plans will not appreciably reduce the likelihood of survival and recovery of Puget Sound Chinook salmon, Hood Canal summer chum, and Puget Sound steelhead. DATES: The final determination on the HGMPs was made on October 17, 2016. ADDRESSES: Requests for copies of the decision documents or any of the other associated documents should be directed to the Sustainable Fisheries Division, NOAA's National Marine Fisheries Service, 1201 NE Lloyd Blvd., Suite 1100, Portland, Oregon 97232. The documents are also available on the Internet at www.westcoast.fisheries .noaa.gov. FOR FURTHER INFORMATION CONTACT: Charlene Hurst, Portland, Oregon, at phone number: (503) 230-230-5409, email: [email protected]. SUPPLEMENTARY INFORMATION: ESA-Listed Species Covered in This Notice Chinook salmon (Oncorhynchus tshawytscha): Threatened, Puget Sound, naturally produced and artificially propagated. Steelhead (O. mykiss): Threatened, Puget Sound, naturally produced and artificially propagated. Chum salmon (O. keta): Threatened, naturally produced and artificially propagated Hood Canal summer-run. Background The Washington Department of Fish and Wildlife (WDFW), the Port Gamble S'Klallam Tribe, The Skokomish Tribe, the United States Fish and Wildlife Service (USFWS), and NOAA's National Marine Fisheries Service (NMFS) Northwest Fisheries Science Center submitted ten Hatchery and Genetics Management Plans (HGMP) for salmon and steelhead hatchery programs in Hood Canal. The ten HGMPs were submitted for review and determination under Limit 6 of the ESA 4(d) Rule, 50 CPR 223.203(b)(6) (65 FR 42422; July 10, 2000, as amended 70 FR 37160; June 28, 2012). Two of these programs are designed to preserve and bolster the natural spawning abundance of the native Hood Canal populations and contribute to recovery of the listed species. The remaining eights programs are operated for harvest augmentation purposes. As required by Sec. 223.203(b)(6) of the ESA 4(d) rule, NMFS must determine pursuant to 50 CFR 223.209 and pursuant to the government-to- government processes therein whether the ten plans for Hood Canal salmon and steelhead hatchery programs would appreciably reduce the likelihood of survival and recovery of the Puget Sound Chinook Salmon ESU, Hood Canal Summer Chum ESU, or Puget Sound Steelhead DPS. NMFS must take comments on how the plans address the criteria in Sec. 223.203(b)(5) in making that determination. Discussion of the Biological Analysis Underlying the Determination Two of the programs, the Hamma Hamma Chinook salmon and Hood Canal Steelhead Supplementation programs, provide conservation benefits for species listed under the Endangered Species Act (ESA). The remaining eight programs are implemented to help meet tribal fishery harvest allocations guaranteed through treaties, as affirmed in United States v. Washington (1974) and through Pacific Salmon Treaty harvest sharing agreements with Canada. The programs are intended to conserve native, ESA-listed and non- listed populations of salmon and steelhead in Hood Canal. NMFS' Sustainable Fisheries Division prepared, pursuant to section 7 of the ESA, a biological opinion to evaluate the effects of the action on listed salmonids. As described in SFD's biological opinion, the approval of the HGMPs is not likely to jeopardize the continued existence or recovery of listed Puget Sound Chinook salmon, Hood Canal Summer Chum Salmon, or Puget Sound steelhead, nor result in the destruction or adverse modification of their critical habitat. The programs may also help attenuate impacts associated with climate change over the short-term by providing a refuge from adverse effects for the propagated species through circumvention of potentially adverse migration, natural spawning, incubation, and rearing conditions. The HGMPs include provisions for annual reports that will assess compliance with performance standards established through the HGMPs. Reporting and inclusion of new information derived from HGMP research, monitoring, and evaluation activities provides assurance that performance standards will be achieved in future seasons. NMFS' evaluation is available on the West Coast Region Web site at http://www.westcoast.fisheries .noaa.gov. Summary of Comments Received in Response to the Proposed Evaluation and Pending Determination NMFS published notice of its proposed evaluation and pending determination on the plans for public review and comment on March 3, 2016 (81 FR 11192). The proposed evaluation and pending determination and an associated draft environmental assessment were available for public review and comment for 30 days. During the public comment period, NMFS received one comment letter. None of the comments raised issues that required substantive modification of the NMFS 4(d) or NEPA documents. The comments and NMFS' detailed responses are available on the West Coast Region Web site, as an appendix to the environmental assessment. Based on its evaluation and recommended determination and taking into account the public comments, NMFS issued its final determination on the Hood Canal salmon and steelhead hatchery plans. 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 (65 FR 42422; July 10, 2000) 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). [[Page 87550]] Dated: November 30, 2016. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2016-29068 Filed 12-2-16; 8:45 am] BILLING CODE 3510-22-P
![87548 Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices
(6) Alloy forged and rolled steel CTL plate not exceeding 1.0(t) and 0.5(h), B not SUMMARY: This notice advises the public
over 407 mm in actual thickness and meeting exceeding 1.5(t) and 1.0(h), C not exceeding that six direct take permits have been
the following requirements: 1.0(t) and 0.5(h), and D not exceeding 1.5(t) issued pursuant to section 10(a)(1)(A) of
(a) Made from Electric Arc Furnace melted, and 1.0(h); the Endangered Species Act of 1973
Ladle refined & vacuum degassed, alloy steel (c) Having the following mechanical
with the following chemical composition properties: A Brinell hardness not less than
(ESA) for continued operation,
(expressed in weight percentages): 350 HBW measured in all parts of the monitoring, and evaluation of hatchery
• Carbon 0.23–0.28, product including mid thickness; and having program rearing and releasing salmon in
• Silicon 0.05–0.15, a Yield Strength of 145ksi or more and UTS Northeast Oregon and Southeast
• Manganese 1.20–1.50, 160ksi or more, Elongation of 15% or more Washington portions of the Snake River
• Nickel not greater than 0.4, and Reduction of area 35% or more; having basin, and associated decision
• Sulfur not greater than 0.010, charpy V at ¥40 degrees F in the transverse documents. The permits were issued to
• Phosphorus not greater than 0.020, direction equal or greater than 20 ft. lbs the Oregon Department of Fish and
• Chromium 1.20–1.50, (single value) and equal or greater than 25 ft. Wildlife, Washington Department of
• Molybdenum 0.35–0.55, lbs (average of 3 specimens);
Fish and Wildlife, and the Bureau of
• Boron 0.002–0.004, (d) Conforming to ASTM A578–S9
Indian Affairs.
• Oxygen not greater than 20 ppm, ultrasonic testing requirements with
• Hydrogen not greater than 2 ppm, and acceptance criteria 3.2 mm flat bottom hole; DATES: The permits were issued on
• Nitrogen not greater than 60 ppm; and October 28, 2016, subject to certain
(b) Having cleanliness in accordance with (e) Conforming to magnetic particle conditions set forth therein. Subsequent
ASTM E45 method A (Thin and Heavy): A inspection in accordance with AMS 2301. to issuance, the necessary
not exceeding 1.5, B not exceeding 1.5, C not The products subject to the investigation countersignatures by the applicants
exceeding 1.0, D not exceeding 1.5; are currently classified in the Harmonized were received. The permits expire on
(c) Having the following mechanical Tariff Schedule of the United States (HTSUS)
under item numbers: 7208.40.3030,
December 31, 2027.
properties: ADDRESSES: Requests for copies of the
(i) With a Brinell hardness not more than 7208.40.3060, 7208.51.0030, 7208.51.0045,
237 HBW measured in all parts of the 7208.51.0060, 7208.52.0000, 7211.13.0000, decision documents or any of the other
product including mid thickness; and having 7211.14.0030, 7211.14.0045, 7225.40.1110, associated documents should be
a Yield Strength of 75ksi min and UTS 95ksi 7225.40.1180, 7225.40.3005, 7225.40.3050, directed to the Sustainable Fisheries
or more, Elongation of 18% or more and 7226.20.0000, and 7226.91.5000. Division, NOAA’s National Marine
Reduction of area 35% or more; having The products subject to the investigation Fisheries Service, 1201 NE Lloyd Blvd.,
charpy V at ¥75 degrees F in the may also enter under the following HTSUS Suite 1100, Portland, Oregon 97232. The
longitudinal direction equal or greater than item numbers: 7208.40.6060, 7208.53.0000,
7208.90.0000, 7210.70.3000, 7210.90.9000,
documents are also available online at
15 ft. lbs (single value) and equal or greater www.westcoast.fisheries.noaa.gov.
than 20 ft. lbs (average of 3 specimens) and 7211.19.1500, 7211.19.2000, 7211.19.4500,
conforming to the requirements of NACE 7211.19.6000, 7211.19.7590, 7211.90.0000, FOR FURTHER INFORMATION CONTACT:
MR01–75; or 7212.40.1000, 7212.40.5000, 7212.50.0000, Brett Farman, Portland, Oregon, at
(ii) With a Brinell hardness not less than 7214.10.0000, 7214.30.0010, 7214.30.0080, phone number: (503) 231–6222, email:
240 HBW measured in all parts of the 7214.91.0015, 7214.91.0060, 7214.91.0090, brett.farman@noaa.gov.
product including mid thickness; and having 7225.11.0000, 7225.19.0000, 7225.40.5110,
7225.40.5130, 7225.40.5160, 7225.40.7000, SUPPLEMENTARY INFORMATION: This
a Yield Strength of 90 ksi min and UTS 110
7225.99.0010, 7225.99.0090, 7226.11.1000, notice is relevant to the following
ksi or more, Elongation of 15% or more and
Reduction of area 30% or more; having 7226.11.9060, 7226.19.1000, 7226.19.9000, species and evolutionarily significant
charpy V at ¥40 degrees F in the 7226.91.0500, 7226.91.1530, 7226.91.1560, units (ESUs):
longitudinal direction equal or greater than 7226.91.2530, 7226.91.2560, 7226.91.7000, Chinook salmon (Oncorhynchus
21 ft. lbs (single value) and equal or greater 7226.91.8000, and 7226.99.0180. tshawytscha): Threatened, naturally
than 31 ft. lbs (average of 3 specimens); The HTSUS subheadings above are produced and artificially propagated
(d) Conforming to ASTM A578–S9 provided for convenience and customs Snake River spring/summer.
ultrasonic testing requirements with purposes only. The written description of the Steelhead (O. mykiss): Threatened,
acceptance criteria 3.2 mm flat bottom hole; scope of the investigation is dispositive.
naturally produced and artificially
and [FR Doc. 2016–29071 Filed 12–2–16; 8:45 am] propagated Snake River.
(e) Conforming to magnetic particle BILLING CODE 3510–DS–P
inspection in accordance with AMS 2301; Dated: November 29, 2016.
(7) Alloy forged and rolled steel CTL plate Angela Somma,
over 407 mm in actual thickness and meeting DEPARTMENT OF COMMERCE Chief, Endangered Species Division, Office
the following requirements: of Protected Resources, National Marine
(a) Made from Electric Arc Furnace melted, National Oceanic and Atmospheric Fisheries Service.
ladle refined & vacuum degassed, alloy steel [FR Doc. 2016–29029 Filed 12–2–16; 8:45 am]
Administration
with the following chemical composition
BILLING CODE 3510–22–P
(expressed in weight percentages):
• Carbon 0.25–0.30, RIN 0648–XF055
• Silicon not greater than 0.25, DEPARTMENT OF COMMERCE
• Manganese not greater than 0.50, Endangered and Threatened Species;
• Nickel 3.0–3.5, Take of Anadromous Fish
National Oceanic and Atmospheric
• Sulfur not greater than 0.010,
• Phosphorus not greater than 0.020,
AGENCY: National Marine Fisheries Administration
• Chromium 1.0–1.5, Service (NMFS), National Oceanic and RIN 0648–XF053
sradovich on DSK3GMQ082PROD with NOTICES
• Molybdenum 0.6–0.9, Atmospheric Administration,
• Vanadium 0.08 to 0.12 Commerce. Endangered and Threatened Species;
• Boron 0.002–0.004, ACTION: Notice of decision and Take of Anadromous Fish
• Oxygen not greater than 20 ppm, availability of decision documents on
• Hydrogen not greater than 2 ppm, and the issuance of six ESA section
AGENCY: National Marine Fisheries
• Nitrogen not greater than 60 ppm. Service (NMFS), National Oceanic and
10(a)(1)(A) research/enhancement
(b) Having cleanliness in accordance with Atmospheric Administration (NOAA),
permits for take of threatened species.
ASTM E45 method A (Thin and Heavy): A Commerce.
VerDate Sep<11>2014 19:12 Dec 02, 2016 Jkt 241001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\05DEN1.SGM 05DEN1](https://thefederalregister.org/doc/81_FR_87781/page/1.svg)
![87550 Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices
Dated: November 30, 2016. official insignia of federally and state- Requests from state-recognized tribes
Angela Somma, recognized Native American tribes must also be in writing and include
Chief, Endangered Species Division, Office under trademark law. The USPTO each of the three items described above
of Protected Resources, National Marine conducted the study and presented a that are submitted by federally
Fisheries Service. report to the House and Senate Judiciary recognized tribes. Additionally, requests
[FR Doc. 2016–29068 Filed 12–2–16; 8:45 am] Committees on November 30, 1999. One from state-recognized tribes must
BILLING CODE 3510–22–P of the recommendations made in the include either: (a) A document issued
report was that the USPTO create and by a state official that evidences the
maintain an accurate and state’s determination that the entity is a
DEPARTMENT OF COMMERCE comprehensive database containing the Native American tribe; or (b) a citation
official insignia of all federally and to a state statute designating the entity
Patent and Trademark Office state-recognized Native American tribes. as a Native American tribe.
Native American Tribal Insignia In accordance with this The USPTO enters insignia that have
Database recommendation, the Senate Committee been properly submitted by federally or
on Appropriations directed the USPTO state-recognized Native American tribes
ACTION: Proposed collection; comment to create this database. into the database and does not
request. The USPTO database of official tribal investigate whether the insignia is
insignias provides evidence of what a actually the official insignia of the tribe
SUMMARY: The United States Patent and federally or state-recognized Native making the request.
Trademark Office (USPTO), as required American tribe considers to be its This collection includes the
by the Paperwork Reduction Act of official insignia. The database thereby information needed by the USPTO to
1995, (44 U.S.C. 3506(c)(2)(A), is assists trademark examining attorneys enter an official insignia for a federally
proposing an extension of an existing in their examination of applications for or state-recognized Native American
information collection; the Native trademark registration by serving as a tribe into a database of such insignia. No
American Tribal Insignia Database. reference for determining the forms are associated with this
DATES: Written comments must be registrability of a mark that may falsely collection.
submitted on or before February 3, 2017. suggest a connection to the official
ADDRESSES: You may submit comments insignia of a Native American tribe. The II. Method of Collection
by any of the following methods: database is also available to the public By mail, facsimile, or hand delivery to
• Email: InformationCollection@ on the USPTO Web site at http:// the USPTO.
uspto.gov. Include ‘‘0651–0048 www.uspto.gov.
comment’’ in the subject line of the Tribes are not required to request that III. Data
message. their official insignia be included in the OMB Number: 0651–0048.
• Federal Rulemaking Portal: http:// database. The entry of an official Form Number(s): None.
www.regulations.gov. insignia into the database does not
• Mail: Marcie Lovett, Records Type of Review: Extension of a
confer any rights to the tribe that
Management Division Director, Office of currently approved collection.
submitted the insignia, and entry is not
the Chief Information Officer, United the legal equivalent of registering the Affected Public: Tribal governments.
States Patent and Trademark Office, insignia as a trademark under 15 U.S.C. Estimated Number of Respondents: 4
P.O. Box 1450, Alexandria, VA 22313– 1051 et seq. The inclusion of an official responses per year.
1450. tribal insignia in the database does not Estimated Time per Response: The
FOR FURTHER INFORMATION CONTACT: create any legal presumption of validity USPTO estimates that a federally or
Requests for additional information or priority, does not carry any of the state-recognized Native American tribe
should be directed to Catherine Cain, benefits of federal trademark will require an average of 45 minutes
Attorney Advisor, Office of the Deputy registration, and is not a determination (0.75 hours) to complete a request to
Commissioner for Trademark as to whether a particular insignia record an official insignia, including
Examination Policy, United States would be refused registration as a time to prepare the appropriate
Patent and Trademark Office, P.O. Box trademark pursuant to 15 U.S.C. 1051 et documents and submit the completed
1451, Alexandria, VA 22313–1451; by seq. request to the USPTO.
telephone at 571–272–8946; or by email Requests from federally recognized Estimated Total Annual Respondent
to Catherine.Cain@uspto.gov. tribes to enter an official insignia into Burden Hours: 3 hours.
Additional information about this the database must be submitted in Estimated Total Annual Respondent
collection is also available at http:// writing and include: (1) A depiction of Cost Burden: $256.50. The USPTO
www.reginfo.gov under ‘‘Information the insignia, including the name of the expects that the information in this
Collection Review.’’ tribe and the address for collection will be prepared by both
SUPPLEMENTARY INFORMATION: correspondence; (2) a copy of the tribal paraprofessionals and administrative
resolution adopting the insignia in staff. The estimated rate of $85.50 per
I. Abstract question as the official insignia of the hour used in this submission is an
The Trademark Law Treaty tribe; and (3) a statement, signed by an average of the paraprofessional rate of
Implementation Act of 1998 (Pub. L. official with authority to bind the tribe, $141 per hour and the administrative
105–330, 302, 112 Stat. 3071) required confirming that the insignia included rate of $30 per hour. Therefore, the
sradovich on DSK3GMQ082PROD with NOTICES
the United States Patent and Trademark with the request is identical to the USPTO estimates that the respondent
Office (USPTO) to study issues official insignia adopted by the tribal cost burden for this collection will be
surrounding the protection of the resolution. approximately $256.50 per year.
VerDate Sep<11>2014 19:12 Dec 02, 2016 Jkt 241001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\05DEN1.SGM 05DEN1](https://thefederalregister.org/doc/81_FR_87781/page/3.svg)
Document Created: 2016-12-03 00:26:03
Document Modified: 2016-12-03 00:26:03
| 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 of determination and availability of analysis documents on ten hatchery programs rearing salmon and steelhead in Hood Canal, Puget Sound, Washington State. | |
| Dates | The final determination on the HGMPs was made on October 17, 2016. | |
| Contact | Charlene Hurst, Portland, Oregon, at phone number: (503) 230-230-5409, email: [email protected] | |
| FR Citation | 81 FR 87548 | |
| RIN Number | 0648-XF05 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR