81_FR_8976 81 FR 8941 - Endangered and Threatened Species; Take of Anadromous Fish

81 FR 8941 - Endangered and Threatened Species; Take of Anadromous Fish

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 35 (February 23, 2016)

Page Range8941-8942
FR Document2016-03685

Notice is hereby given that the Washington Department of Fish and Wildlife (WDFW) and the Tulalip Tribes have submitted two Hatchery and Genetic Management Plans to NMFS, to be considered jointly 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 Skykomish and Snoqualmie River watersheds of Washington State. This document serves to notify the public of the availability for comment of the Proposed Evaluation and Pending Determination 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 and Puget Sound Chinook salmon. The Proposed Evaluation and Pending Determination may be accessed through the following web address: http://www.westcoast.fisheries.noaa.gov.

Federal Register, Volume 81 Issue 35 (Tuesday, February 23, 2016)
[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Notices]
[Pages 8941-8942]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03685]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE453


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 evaluations of joint state/tribal 
hatchery plans and request for comment.

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SUMMARY: Notice is hereby given that the Washington Department of Fish 
and Wildlife (WDFW) and the Tulalip Tribes have submitted two Hatchery 
and Genetic Management Plans to NMFS, to be considered jointly 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 Skykomish and 
Snoqualmie River watersheds of Washington State. This document serves 
to notify the public of the availability for comment of the Proposed 
Evaluation and Pending Determination 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 and Puget Sound Chinook salmon. The 
Proposed Evaluation and Pending Determination may be accessed through 
the following web address: http://www.westcoast.fisheries.noaa.gov.

DATES: Comments must be received at the appropriate address or email 
mailbox (see ADDRESSES) no later than 5 p.m. Pacific time on March 24, 
2016.

ADDRESSES: Written comments on the proposed evaluation and pending 
determination should be addressed to the NMFS Sustainable Fisheries 
Division, 510 Desmond Dr., Suite 103, Lacey, WA 98503. Comments may be 
submitted by email. The mailbox address for providing email comments 
is: [email protected]. Include in the subject line 
of the email comment the following identifier: Comments on Skykomish/
Snoqualmie Steelhead Hatchery Programs. 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: 
[email protected].

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.

Background

    The WDFW and the Tulalip Tribes have submitted to NMFS plans for 
two jointly operated hatchery programs in the Skykomish and Snoqualmie 
River basins. The plans were submitted in November 2014, pursuant to 
limit 6 of the 4(d) Rule for salmon and steelhead. One of the plans was 
subsequently resubmitted in February 2016 in revised form in response 
to NMFS pre-consultation review comments. The hatchery programs would 
release early winter steelhead that are not included as part of the 
ESA-listed Puget Sound Steelhead DPS into two tributaries of the 
Skykomish River and one tributary of the Snoqualmie River. Both 
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 Skykomish River and 
Snoqualmie River watersheds would appreciably reduce the likelihood of 
survival and recovery of ESA-listed Puget Sound steelhead and Puget 
Sound Chinook salmon.
    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

[[Page 8942]]

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).

    Dated: February 17, 2016.
Perry F. Gayaldo,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2016-03685 Filed 2-22-16; 8:45 am]
 BILLING CODE 3510-22-P



                                                                              Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices                                             8941

                                                  IHA (e.g., previously wounded animal,                   Atmospheric Administration (NOAA),                      Chinook salmon (O. tshawytscha):
                                                  carcass with moderate to advanced                       Commerce.                                             threatened, naturally produced and
                                                  decomposition, or scavenger damage),                                                                          artificially propagated Puget Sound.
                                                                                                          ACTION: Notice; availability of NMFS
                                                  SCWA shall report the incident to the                   evaluations of joint state/tribal hatchery            Background
                                                  Office of Protected Resources, NMFS,                    plans and request for comment.
                                                  and the West Coast Regional Stranding                                                                            The WDFW and the Tulalip Tribes
                                                  Coordinator, NMFS, within 24 hours of                                                                         have submitted to NMFS plans for two
                                                                                                          SUMMARY:    Notice is hereby given that               jointly operated hatchery programs in
                                                  the discovery. SCWA shall provide                       the Washington Department of Fish and
                                                  photographs or video footage or other                                                                         the Skykomish and Snoqualmie River
                                                                                                          Wildlife (WDFW) and the Tulalip Tribes                basins. The plans were submitted in
                                                  documentation of the stranded animal                    have submitted two Hatchery and
                                                  sighting to NMFS.                                                                                             November 2014, pursuant to limit 6 of
                                                                                                          Genetic Management Plans to NMFS, to                  the 4(d) Rule for salmon and steelhead.
                                                     iii. Pursuant to sections 6(b)(ii-iii),              be considered jointly pursuant to the
                                                  SCWA may use discretion in                                                                                    One of the plans was subsequently
                                                                                                          limitation on take prohibitions for                   resubmitted in February 2016 in revised
                                                  determining what injuries (i.e., nature                 actions conducted under Limit 6 of the
                                                  and severity) are appropriate for                                                                             form in response to NMFS pre-
                                                                                                          4(d) Rule for salmon and steelhead                    consultation review comments. The
                                                  reporting. At minimum, SCWA must                        promulgated under the Endangered
                                                  report those injuries considered to be                                                                        hatchery programs would release early
                                                                                                          Species Act (ESA). The plans specify                  winter steelhead that are not included
                                                  serious (i.e., will likely result in death)             the propagation of early-returning
                                                  or that are likely caused by human                                                                            as part of the ESA-listed Puget Sound
                                                                                                          (‘‘early’’) winter steelhead in the                   Steelhead DPS into two tributaries of
                                                  interaction (e.g., entanglement,                        Skykomish and Snoqualmie River
                                                  gunshot). Also pursuant to sections                                                                           the Skykomish River and one tributary
                                                                                                          watersheds of Washington State. This                  of the Snoqualmie River. Both programs
                                                  6(b)(ii–iii), SCWA may use discretion in                document serves to notify the public of
                                                  determining the appropriate vantage                                                                           would release fish that are not native to
                                                                                                          the availability for comment of the                   the watersheds.
                                                  point for obtaining photographs of                      Proposed Evaluation and Pending                          As required by the ESA 4(d) rule (65
                                                  injured/dead marine mammals.                            Determination of the Secretary of                     FR 42422, July 10, 2000, as updated in
                                                     7. Validity of this Authorization is                 Commerce (Secretary) as to whether                    70 FR 37160, June 28, 2005), the
                                                  contingent upon compliance with all                     implementation of the joint plans will                Secretary is seeking public comment on
                                                  applicable statutes and permits,                        appreciably reduce the likelihood of                  her pending determination as to
                                                  including NMFS’ 2008 Biological                         survival and recovery of ESA-listed                   whether the joint plans for early winter
                                                  Opinion for water management in the                     Puget Sound steelhead and Puget Sound                 steelhead hatchery programs in the
                                                  Russian River watershed. This                           Chinook salmon. The Proposed                          Skykomish River and Snoqualmie River
                                                  Authorization may be modified,                          Evaluation and Pending Determination                  watersheds would appreciably reduce
                                                  suspended or withdrawn if the holder                    may be accessed through the following                 the likelihood of survival and recovery
                                                  fails to abide by the conditions                        web address: http://www.westcoast.                    of ESA-listed Puget Sound steelhead
                                                  prescribed herein, or if the authorized                 fisheries.noaa.gov.                                   and Puget Sound Chinook salmon.
                                                  taking is having a more than a negligible                                                                        This 4(d) Rule applies the
                                                  impact on the species or stock of                       DATES: Comments must be received at
                                                                                                          the appropriate address or email                      prohibitions enumerated in section
                                                  affected marine mammals.                                                                                      9(a)(1) of the ESA. NMFS did not find
                                                                                                          mailbox (see ADDRESSES) no later than 5
                                                  Request for Public Comments                             p.m. Pacific time on March 24, 2016.                  it necessary and advisable to apply the
                                                                                                                                                                take prohibitions described in section
                                                    We request comment on our analysis,                   ADDRESSES:   Written comments on the                  9(a)(1)(B) and 9(a)(1)(C) to artificial
                                                  the draft authorization, and any other                  proposed evaluation and pending                       propagation activities if those activities
                                                  aspect of this notice of proposed IHA for               determination should be addressed to                  are managed in accordance with a joint
                                                  SCWA’s estuary management activities.                   the NMFS Sustainable Fisheries                        plan whose implementation has been
                                                  Please include with your comments any                   Division, 510 Desmond Dr., Suite 103,                 determined by the Secretary to not
                                                  supporting data or literature citations to              Lacey, WA 98503. Comments may be                      appreciably reduce the likelihood of
                                                  help inform our final decision on                       submitted by email. The mailbox                       survival and recovery of the listed
                                                  SCWA’s request for an MMPA                              address for providing email comments                  salmonids. As specified in limit 6 of the
                                                  authorization.                                          is: SnohomishSteelheadPlans.wcr@                      4(d) Rule, before the Secretary makes a
                                                    Dated: February 16, 2016.                             noaa.gov. Include in the subject line of              decision on the joint plan, the public
                                                  Perry F. Gayaldo,                                       the email comment the following                       must have an opportunity to review and
                                                  Deputy Director, Office of Protected                    identifier: Comments on Skykomish/                    comment on the pending determination.
                                                  Resources, National Marine Fisheries Service.           Snoqualmie Steelhead Hatchery
                                                                                                          Programs. Comments received will also                 Authority
                                                  [FR Doc. 2016–03681 Filed 2–22–16; 8:45 am]
                                                  BILLING CODE 3510–22–P                                  be available for public inspection, by                  Under section 4 of the ESA, the
                                                                                                          appointment, during normal business                   Secretary of Commerce is required to
                                                                                                          hours by calling (503) 230–5418.                      adopt such regulations as she deems
                                                  DEPARTMENT OF COMMERCE                                                                                        necessary and advisable for the
                                                                                                          FOR FURTHER INFORMATION CONTACT:               Tim
                                                                                                                                                                conservation of species listed as
                                                                                                          Tynan at (360) 753–9579 or email:
                                                  National Oceanic and Atmospheric                                                                              threatened. The ESA salmon and
                                                                                                          tim.tynan@noaa.gov.
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                                                  Administration                                                                                                steelhead 4(d) rule (65 FR 42422, July
                                                                                                          SUPPLEMENTARY INFORMATION:                            10, 2000, as updated in 70 FR 37160,
                                                  RIN 0648–XE453                                                                                                June 28, 2005) specifies categories of
                                                                                                          ESA-Listed Species Covered in This
                                                  Endangered and Threatened Species;                      Notice                                                activities that contribute to the
                                                  Take of Anadromous Fish                                                                                       conservation of listed salmonids and
                                                                                                            Steelhead (Oncorhynchus mykiss):                    sets out the criteria for such activities.
                                                  AGENCY:  National Marine Fisheries                      threatened, naturally produced and                    Limit 6 of the updated 4(d) rule (50 CFR
                                                  Service (NMFS), National Oceanic and                    artificially propagated Puget Sound.                  223.203(b)(6)) further provides that the


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                                                  8942                        Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices

                                                  prohibitions of paragraph (a) of the                       Those individuals requesting a public              NMFS is forwarding copies of the
                                                  updated 4(d) rule (50 CFR 223.203(a))                   hearing should submit a written request               application to the Marine Mammal
                                                  do not apply to activities associated                   to the Chief, Permits and Conservation                Commission and its Committee of
                                                  with a joint state/tribal artificial                    Division at the address listed above. The             Scientific Advisors.
                                                  propagation plan provided that the joint                request should set forth the specific                   Dated: February 16, 2016.
                                                  plan has been determined by NMFS to                     reasons why a hearing on this                         Perry F. Gayaldo,
                                                  be in accordance with the salmon and                    application would be appropriate.                     Deputy Director, Office of Protected
                                                  steelhead 4(d) rule (65 FR 42422, July                  FOR FURTHER INFORMATION CONTACT:                      Resources, National Marine Fisheries Service.
                                                  10, 2000, as updated in 70 FR 37160,                    Amy Sloan, (301) 427–8401.                            [FR Doc. 2016–03683 Filed 2–22–16; 8:45 am]
                                                  June 28, 2005).                                         SUPPLEMENTARY INFORMATION: The                        BILLING CODE 3510–22–P
                                                    Dated: February 17, 2016.                             subject permit is requested under the
                                                  Perry F. Gayaldo,                                       authority of the Marine Mammal
                                                  Deputy Director, Office of Protected                    Protection Act of 1972, as amended                    CONSUMER PRODUCT SAFETY
                                                  Resources, National Marine Fisheries Service.           (MMPA; 16 U.S.C. 1361 et seq.), and the               COMMISSION
                                                  [FR Doc. 2016–03685 Filed 2–22–16; 8:45 am]             regulations governing the taking and
                                                                                                          importing of marine mammals (50 CFR                   [Docket No. CPSC–2012–0057]
                                                  BILLING CODE 3510–22–P
                                                                                                          part 216).                                            Agency Information Collection
                                                                                                             The applicant requests a five-year
                                                                                                                                                                Activities; Submission for OMB
                                                  DEPARTMENT OF COMMERCE                                  permit for takes of bearded (Erignathus
                                                                                                                                                                Review; Comment Request—
                                                                                                          barbatus), harbor (Phoca vitulina),
                                                                                                                                                                Requirements for Electrically Operated
                                                  National Oceanic and Atmospheric                        ribbon (Histriophoca fasciata), ringed                Toys and Children’s Articles
                                                  Administration                                          (Phoca hispida hispida), and spotted
                                                  RIN 0648–XE436                                          seals (Phoca largha) in the North Pacific             AGENCY: Consumer Product Safety
                                                                                                          Ocean, Bering Sea, Arctic Ocean, and                  Commission.
                                                  Marine Mammals; File No. 19309                          coastal regions of Alaska. The purposes               ACTION: Notice.
                                                                                                          of the research are to investigate the
                                                  AGENCY:  National Marine Fisheries                      foraging ecology, population abundance                SUMMARY:   In accordance with the
                                                  Service (NMFS), National Oceanic and                    and trends, population structure, habitat             requirements of the Paperwork
                                                  Atmospheric Administration (NOAA),                      requirements, health, vital rates, and                Reduction Act (‘‘PRA’’) of 1995 (44
                                                  Commerce.                                               effects of natural and anthropogenic                  U.S.C. chapter 35), the Consumer
                                                  ACTION: Notice; receipt of application.                 factors on these species. Up to 150,                  Product Safety Commission
                                                                                                          annually, of each ice-associated seal                 (‘‘Commission’’ or ‘‘CPSC’’) announces
                                                  SUMMARY:   Notice is hereby given that                                                                        that the Commission has submitted to
                                                                                                          species (bearded, ribbon, ringed, and
                                                  the NMFS National Marine Mammal                                                                               the Office of Management and Budget
                                                                                                          spotted) and up to 250 harbor seals may
                                                  Laboratory, 7600 Sand Point Way NE.,                                                                          (‘‘OMB’’) a request for extension of
                                                                                                          be captured, handled, and released for
                                                  Seattle, WA 98115–6349 (Responsible                                                                           approval of a collection of information
                                                                                                          measurement of body condition,
                                                  Party: John Bengtson, Ph.D.), has                                                                             for Electrically Operated Toys or Other
                                                                                                          collection of tissue samples,
                                                  applied in due form for a permit to                                                                           Electrically Operated Articles Intended
                                                                                                          deployment of telemetry devices, and
                                                  conduct research on pinnipeds in                                                                              for Use by Children (16 CFR part 1505),
                                                                                                          other procedures as described in the
                                                  Alaska.                                                                                                       approved previously under OMB
                                                                                                          application. An additional 3,000 of each
                                                  DATES: Written, telefaxed, or email                     ice associated seal species and 5,500                 Control No. 3041–0035. In the Federal
                                                  comments must be received on or before                  harbor seals may be incidentally                      Register of November 25, 2015 (80 FR
                                                  March 24, 2016.                                         harassed annually during capture                      73738), the CPSC published a notice to
                                                  ADDRESSES: The application and related                  activities or collection of feces and other           announce the agency’s intention to seek
                                                  documents will be available for review                  samples from haul-out substrate.                      extension of approval of the collection
                                                  by selecting ‘‘Records Open for Public                  Annual takes by harassment during                     of information. The Commission
                                                  Comment’’ from the ‘‘Features’’ box on                  aerial surveys (manned and unmanned)                  received no comments. Therefore, by
                                                  the Applications and Permits for                        include 3,200 bearded, 6,000 harbor,                  publication of this notice, the
                                                  Protected Species (APPS) home page,                     1,750 ribbon, 6,700 ringed, and 4,500                 Commission announces that CPSC has
                                                  https://apps.nmfs.noaa.gov, and then                    spotted seals. Up to 500 Steller sea lions            submitted to the OMB a request for
                                                  selecting File No. 19309 from the list of               (Eumetopias jubatus) of the Eastern                   extension of approval of that collection
                                                  available applications.                                 Distinct Population Segment may be                    of information, without change.
                                                     These documents are also available                   taken annually by incidental harassment               DATES: Written comments on this
                                                  upon written request or by appointment                  during harbor seal aerial surveys.                    request for extension of approval of
                                                  in the Permits and Conservation                         Authorization is requested for up to 15               information collection requirements
                                                  Division, Office of Protected Resources,                unintentional mortalities of each species             should be submitted by March 24, 2016.
                                                  NMFS, 1315 East-West Highway, Room                      (excluding Steller sea lions) over the life           ADDRESSES: Submit comments about
                                                  13705, Silver Spring, MD 20910; phone                   of the permit, not to exceed 5 annually.              this request by email: OIRA_
                                                  (301) 427–8401; fax (301) 713–0376.                        In compliance with the National                    submission@omb.eop.gov or fax: 202–
                                                     Written comments on this application                 Environmental Policy Act of 1969 (42                  395–6881. Comments by mail should be
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                                                  should be submitted to the Chief,                       U.S.C. 4321 et seq.), an initial                      sent to the Office of Information and
                                                  Permits and Conservation Division, at                   determination has been made that the                  Regulatory Affairs, Attn: OMB Desk
                                                  the address listed above. Comments may                  activity proposed is categorically                    Officer for the CPSC, Office of
                                                  also be submitted by facsimile to (301)                 excluded from the requirement to                      Management and Budget, Room 10235,
                                                  713–0376, or by email to                                prepare an environmental assessment or                725 17th Street NW., Washington, DC
                                                  NMFS.Pr1Comments@noaa.gov. Please                       environmental impact statement.                       20503. In addition, written comments
                                                  include File No. 19309 in the subject                      Concurrent with the publication of                 that are sent to OMB also should be
                                                  line of the email comment.                              this notice in the Federal Register,                  submitted electronically at http://


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Document Created: 2018-02-02 14:33:29
Document Modified: 2018-02-02 14:33:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; availability of NMFS evaluations of joint state/tribal hatchery plans and request for comment.
ContactTim Tynan at (360) 753-9579 or email: [email protected]
FR Citation81 FR 8941 
RIN Number0648-XE45

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