82_FR_33201 82 FR 33064 - Listing Endangered or Threatened Species; 90-Day Finding on a Petition To List the Winter-Run Puget Sound Chum Salmon in the Nisqually River System and Chambers Creek as a Threatened or Endangered Evolutionarily Significant Unit Under the Endangered Species Act

82 FR 33064 - Listing Endangered or Threatened Species; 90-Day Finding on a Petition To List the Winter-Run Puget Sound Chum Salmon in the Nisqually River System and Chambers Creek as a Threatened or Endangered Evolutionarily Significant Unit Under the Endangered Species Act

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 137 (July 19, 2017)

Page Range33064-33068
FR Document2017-15065

We, NMFS, announce a 90-Day finding on a petition to list the winter-run Puget Sound chum salmon (Oncorhynchus keta) in the Nisqually River system and Chambers Creek as a threatened or endangered evolutionarily significant unit (ESU) under the Endangered Species Act (ESA) and to designate critical habitat concurrently with the listing. We find that the petition and information in our files do not present substantial scientific or commercial information indicating that the winter-run chum salmon from the Nisqually River system and Chambers Creek qualify as an ESU under the ESA. As such, we find that the petition does not present substantial scientific or commercial information indicating that the winter-run chum salmon in the Nisqually River system and Chambers Creek are a ``species'' eligible for listing under the ESA.

Federal Register, Volume 82 Issue 137 (Wednesday, July 19, 2017)
[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)]
[Notices]
[Pages 33064-33068]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15065]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 150902810-7646-01]
RIN 0648-XE167


Listing Endangered or Threatened Species; 90-Day Finding on a 
Petition To List the Winter-Run Puget Sound Chum Salmon in the 
Nisqually River System and Chambers Creek as a Threatened or Endangered 
Evolutionarily Significant Unit Under the Endangered Species Act

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

ACTION: Notice of 90-day petition finding.

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

SUMMARY: We, NMFS, announce a 90-Day finding on a petition to list the 
winter-run Puget Sound chum salmon (Oncorhynchus keta) in the Nisqually 
River system and Chambers Creek as a threatened or endangered 
evolutionarily significant unit (ESU) under the Endangered Species Act 
(ESA) and to designate critical habitat concurrently with the listing. 
We find that the petition and information in our files do not present 
substantial scientific or commercial information indicating that the 
winter-run chum salmon from the Nisqually River system and Chambers 
Creek qualify as an ESU under the ESA. As such, we find that the 
petition does not present substantial scientific or commercial 
information indicating that the winter-run chum salmon in the Nisqually 
River system and Chambers Creek are a ``species'' eligible for listing 
under the ESA.

ADDRESSES: Electronic copies of the petition and other materials are 
available on the NMFS West Coast Region Web site at 
www.westcoast.fisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Gary Rule, NMFS West Coast Region, at 
[email protected], (503) 230-5424; or Maggie Miller, NMFS Office of 
Protected Resources, at [email protected], (301) 427-8457.

SUPPLEMENTARY INFORMATION:

Background

    On June 29, 2015, we received a petition from Mr. Sam Wright 
(Olympia, Washington) to list the winter-run Puget Sound chum salmon 
(Oncorhynchus keta) in the Nisqually River system and Chambers Creek as 
a threatened or endangered ESU under the ESA and to

[[Page 33065]]

designate critical habitat concurrently with the listing. The 
petitioner asserts that (1) the designation of these two winter-run 
chum salmon populations as an ESU is justified because these 
populations are the only known winter-run chum salmon populations in 
the world, (2) a diverging trend in abundance between the Chambers 
Creek population and the fall-run chum salmon populations in southern 
Puget Sound renders the Nisqually River population as the only viable 
winter-run population and justifies an ESA listing of the petitioner's 
proposed ESU as threatened or endangered, and (3) NMFS's ``Status 
Review of Chum Salmon from Washington, Oregon, and California (NOAA 
Technical Memorandum NMFS-NWFSC-32)'' (Johnson et al. 1997) did not 
address ``global warming'' or ``climate change.'' Copies of the 
petition are available upon request (see ADDRESSES).

ESA Statutory, Regulatory, Policy Provisions, and Evaluation Framework

    Section 4(b)(3)(A) of the ESA of 1973, as amended (16 U.S.C. 1531 
et seq.), requires, to the maximum extent practicable, that within 90 
days of receipt of a petition to list a species as threatened or 
endangered, the Secretary of Commerce make a finding on whether that 
petition presents substantial scientific or commercial information 
indicating that the petitioned action may be warranted, and to promptly 
publish such finding in the Federal Register (16 U.S.C. 1533(b)(3)(A)). 
When it is found that substantial scientific or commercial information 
in a petition indicates the petitioned action may be warranted (a 
``positive 90-day finding''), we are required to promptly commence a 
review of the status of the species concerned during which we will 
conduct a comprehensive review of the best available scientific and 
commercial information. In such cases, we conclude the review with a 
finding as to whether, in fact, the petitioned action is warranted 
within 12 months of receipt of the petition. Because the finding at the 
12-month stage is based on a more thorough review of the available 
information, as compared to the narrow scope of review at the 90-day 
stage, a ``may be warranted'' finding does not prejudge the outcome of 
the status review.
    Under the ESA, a listing determination may address a species, which 
is defined to also include subspecies and, for any vertebrate species, 
any distinct population segment (DPS) that interbreeds when mature (16 
U.S.C. 1532(16)). To identify the proper taxonomic unit for 
consideration in a salmon listing determination, we apply our Policy on 
Applying the Definition of Species under the ESA to Pacific Salmon (ESU 
Policy) (56 FR 58612; November 20, 1991). Under this policy, 
populations of salmon substantially reproductively isolated from other 
conspecific populations and representing an important component in the 
evolutionary legacy of the biological species are considered to be an 
ESU. In our listing determinations for Pacific salmon under the ESA, we 
have treated an ESU as constituting a DPS, and hence a ``species,'' 
under the ESA. A species, subspecies, or ESU is ``endangered'' if it is 
in danger of extinction throughout all or a significant portion of its 
range, and ``threatened'' if it is likely to become endangered within 
the foreseeable future throughout all or a significant portion of its 
range (ESA sections 3(6) and 3(20), respectively, 16 U.S.C. 1532(6) and 
(20)). Pursuant to the ESA and our implementing regulations, we 
determine whether species are threatened or endangered based on any one 
or a combination of the following five section 4(a)(1) factors: The 
present or threatened destruction, modification, or curtailment of 
habitat or range; overutilization for commercial, recreational, 
scientific, or educational purposes; disease or predation; inadequacy 
of existing regulatory mechanisms; and any other natural or manmade 
factors affecting the species' existence (16 U.S.C. 1533(a)(1), 50 CFR 
424.11(c)).
    At the 90-day finding stage, we evaluate the petitioners' request 
based upon the information in the petition including its references and 
the information readily available in our files. We do not conduct 
additional research, and we do not solicit information from parties 
outside the agency to help us in evaluating the petition. We will 
accept the petitioners' sources and characterizations of the 
information presented if they appear to be based on accepted scientific 
principles, unless we have specific information in our files that 
indicates the petition's information is incorrect, unreliable, 
obsolete, or otherwise irrelevant to the requested action. Information 
that is susceptible to more than one interpretation or that is 
contradicted by other available information will not be dismissed at 
the 90-day finding stage, so long as it is reliable and a reasonable 
person would conclude it supports the petitioners' assertions. In other 
words, conclusive information indicating the species may meet the ESA's 
requirements for listing is not required to make a positive 90-day 
finding. We will not conclude that a lack of specific information alone 
necessitates a negative 90-day finding if a reasonable person would 
conclude that the unknown information itself suggests the species may 
be at risk of extinction presently or within the foreseeable future.
    To make a 90-day finding on a petition to list a species, we 
evaluate whether the petition presents substantial scientific or 
commercial information indicating the subject species may be either 
threatened or endangered, as defined by the ESA. ESA-implementing 
regulations issued jointly by NMFS and U.S. Fish and Wildlife Service 
(50 CFR 424.14(i)) define ``substantial information'' in the context of 
reviewing a petition to list, delist, or reclassify a species as 
credible scientific information in support of the petition's claims 
such that a reasonable person conducting an impartial scientific review 
would conclude that the revision proposed in the petition may be 
warranted. Conclusions drawn in the petition without the support of 
credible scientific information will not be considered ``substantial 
information.'' The ``substantial scientific or commercial information'' 
standard must be applied in light of any prior reviews or findings we 
have made on the listing status of the species that is the subject of 
the petition. Where we have already conducted a finding on, or review 
of, the listing status of that species (whether in response to a 
petition or on our own initiative), we will evaluate any petition 
received thereafter seeking to list, delist, or reclassify that species 
to determine whether a reasonable person conducting an impartial 
scientific review would conclude that the action proposed in the 
petition may be warranted despite the previous review or finding. Where 
the prior review resulted in a final agency action, a petitioned action 
generally would not be considered to present substantial scientific and 
commercial information indicating that the action may be warranted 
unless the petition provides new information not previously considered.
    In evaluating the petition, we first evaluate whether the 
information presented in the petition, along with the information 
readily available in our files, indicates that the petitioned entity 
constitutes a ``species'' eligible for listing under the ESA. Next, we 
evaluate whether the information indicates that the species faces an 
extinction risk that is cause for concern; this may be indicated in 
information expressly discussing the species' status and

[[Page 33066]]

trends, or in information describing impacts and threats to the 
species. We evaluate any information on specific demographic factors 
pertinent to evaluating extinction risk for the species (e.g., 
population abundance and trends, productivity, spatial structure, age 
structure, sex ratio, diversity, current and historical range, habitat 
integrity or fragmentation), and the potential contribution of 
identified demographic risks to extinction risk for the species. We 
then evaluate the potential links between these demographic risks and 
the causative impacts and threats identified in section 4(a)(1).
    Information presented on impacts or threats should be specific to 
the species and should reasonably suggest that one or more of these 
factors may be operative threats that act or have acted on the species 
to the point that it may warrant protection under the ESA. Broad 
statements about generalized threats to the species, or identification 
of factors that could negatively impact a species, do not constitute 
substantial information indicating that listing may be warranted. We 
look for information indicating that not only is the particular species 
exposed to a factor, but that the species may be responding in a 
negative fashion; then we assess the potential significance of that 
negative response.
    Many petitions identify risk classifications made by 
nongovernmental organizations, such as the International Union on the 
Conservation of Nature (IUCN), the American Fisheries Society, or 
NatureServe, as evidence of extinction risk for a species. Risk 
classifications by such organizations or made under other Federal or 
state statutes may be informative, but such classification alone will 
not alone provide sufficient basis for a positive 90-day finding under 
the ESA. For example, as explained by NatureServe, their assessments of 
a species' conservation status do ``not constitute a recommendation by 
NatureServe for listing under the U.S. Endangered Species Act'' because 
NatureServe assessments ``have different criteria, evidence 
requirements, purposes and taxonomic coverage than government lists of 
endangered and threatened species, and therefore these two types of 
lists should not be expected to coincide'' (http://www.natureserve.org/prodServices/pdf/NatureServeStatusAssessmentsListing-Dec%202008.pdf). 
Additionally, species classifications under IUCN and the ESA are not 
equivalent; data standards, criteria used to evaluate species, and 
treatment of uncertainty are also not necessarily the same. Thus, when 
a petition cites such classifications, we will evaluate the source of 
information that the classification is based upon in light of the 
standards on extinction risk and impacts or threats discussed above.

Previous Reviews of Puget Sound/Strait of Georgia Chum Salmon Under the 
ESA

    On March 14, 1994, NMFS was petitioned by the Professional 
Resources Organization--Salmon (PRO--Salmon) to list Washington's Hood 
Canal, Discovery Bay, and Sequim Bay summer-run chum salmon 
(Oncorhynchus keta) as threatened or endangered species under the ESA 
(PRO--Salmon 1994). A second petition, received April 4, 1994, from the 
``Save Allison Springs'' Citizens Committee (1994), requested listing 
of fall chum salmon found in the following southern Puget Sound streams 
or bays: Allison Springs, McLane Creek, tributaries of McLane Creek 
(Swift Creek and Beatty Creek), Perry Creek, and the southern section 
of Mud Bay/Eld Inlet. A third petition, received by NMFS on May 20, 
1994, was submitted by Trout Unlimited (1994) and requested listing the 
Hood Canal summer chum. As the result of these three petitions, NMFS 
assembled a Biological Review Team (BRT) and initiated an ESA status 
review of all chum salmon populations in Washington, Oregon, and 
California. In December 1997, the status review was published as 
Johnson et al. (1997). In the status review, the BRT identified four 
ESUs--the Puget Sound/Strait of Georgia ESU, Hood Canal summer-run ESU, 
Pacific Coast ESU, and Columbia River ESU. The winter-run chum salmon 
populations in the Nisqually River system and Chambers Creek were 
identified as part of the Puget Sound/Strait of Georgia ESU. Despite 
these populations being one of the more genetically distinct 
populations in Puget Sound, the BRT (1) did not consider those 
differences distinct enough to warrant designating them as a separate 
ESU and (2) determined that these populations, along with the summer-
run Puget Sound populations, reflected patterns of diversity within a 
large and complex ESU. The BRT determined that the Puget Sound/Strait 
of Georgia chum salmon ESU was not presently at risk of extinction nor 
was it likely to become endangered in the foreseeable future throughout 
all or a significant portion of its range. The BRT found that the (1) 
the Puget Sound/Strait of Georgia chum salmon ESU's abundance was at or 
near the historical annual run levels of over one million fish, (2) the 
majority of the populations had stable or increasing population trends, 
and (3) all populations with statistically significant trends were 
increasing. The Pacific Coast chum salmon ESU, with its large 
geographic area and considerable diversity, was also not considered 
warranted for ESA listing. The BRT, however, determined that the Hood 
Canal summer-run chum salmon ESU and Columbia River chum salmon ESU are 
likely to become endangered in the foreseeable future if present 
conditions continue. NMFS listed these ESUs as threatened species under 
the ESA on March 25, 1999 (64 FR 14507).

Analysis of Petition and Information Readily Available in NMFS Files

    As mentioned above, in analyzing the request of the petitioner, we 
first evaluate whether the information presented in the petition, along 
with information readily available in our files, indicates that the 
petitioned entity constitutes a ``species'' eligible for listing under 
the ESA. Because the petition specifically requests listing of an ESU, 
we evaluate whether the information indicates that the petitioned 
entities, the winter-run Puget Sound chum salmon in the Nisqually River 
system and Chambers Creek, constitute an ESU pursuant to our ESU 
Policy.
    When identifying an ESU, our ESU Policy (56 FR 58612; November 20, 
1991) stipulates two elements that must be considered: (1) It must be 
substantially reproductively isolated from other nonspecific population 
units, and (2) it must represent an important component in the 
evolutionary legacy of the species. In terms of reproductive isolation, 
the ESU Policy states that reproductive isolation does not have to be 
absolute, but it must be strong enough to permit evolutionarily 
important differences to accrue in different population units. Insights 
into the extent of reproductive isolation can be provided by movements 
of tagged fish, recolonization rates of other populations, measurements 
of genetic differences between population, and evaluations of the 
efficacy of natural barriers. In terms of evolutionary legacy of the 
species, that criterion would be met if the population contributed 
substantially to the ecological/genetic diversity of the species as a 
whole. To make that determination, the following questions are 
relevant: Is the population genetically distinct from other conspecific 
populations (genetic component)? Does the population occupy unusual or 
distinctive habitat (ecological component)? Does the population show 
evidence of unusual or distinctive adaptation to its environment (life-
history component)?
    In evaluating this petition, we looked for information to suggest 
that the

[[Page 33067]]

petitioned entities, the winter-run Puget Sound chum salmon in the 
Nisqually River system and Chambers Creek populations, may qualify as 
an ESU under both the reproductive isolation and evolutionary legacy of 
the species criteria of our ESU Policy. Our evaluation is discussed 
below.

Qualification of the Winter-Run Puget Sound Chum Salmon in the 
Nisqually River System and Chambers Creek as an ESU

    The petitioner asserts that (1) the designation of these two 
winter-run chum salmon populations as an ESU is justified because they 
are the only known winter-run chum salmon populations in the world, (2) 
a diverging trend in abundance between the Chambers Creek population 
and the fall-run chum salmon populations in southern Puget Sound 
renders the Nisqually River population as the only viable winter-run 
population and justifies an ESA listing of the petitioner's proposed 
ESU as threatened or endangered, and (3) Johnson et al. (1997) did not 
address ``global warming'' or ``climate change.'' To make the argument 
for identifying these two populations as an ESU, the petitioner relies 
almost exclusively on information from Johnson et al. (1997). The only 
other information that the petitioner presents is abundance data for 
the Chambers Creek (1968 through 2008) and Nisqually River (1968 
through 2013) winter-run chum salmon populations. To direct our 
decision, we will first analyze the petition's assertion that these two 
winter-run chum salmon populations are a separate ESU; and if we 
determine that to be true, we will then analyze the other two 
assertions described above.
    As stated previously, NMFS received three petitions in 1994 to list 
several populations of chum salmon in Puget Sound. In response to these 
petitions and to address general concerns about the species, NMFS 
assembled a BRT to conduct a status review of chum salmon to identify 
the ESUs and determine their statuses throughout the Pacific Northwest. 
The findings were published as Johnson et al. (1997). Based upon 
genetic, ecological, and life-history components, the BRT was able to 
analyze and group West Coast chum salmon populations into four 
different chum salmon ESUs. For these ESUs, the BRT analyzed the 
following available information.
    For the genetic component, the BRT analyzed the genetic variability 
at 39 polymorphic loci in 153 samples collected from 105 locations in 
southern British Columbia, Washington, and Oregon (Phelps et al. 1994; 
Johnson et al. 1997). Seventy-two of those 105 locations were from 
Puget Sound including the Chambers Creek and Nisqually River winter-run 
populations. From that analysis, the Hood Canal and Strait of Juan de 
Fuca summer-run chum salmon were determined to be genetically distinct 
from the other Puget Sound populations and were described as the Hood 
Canal summer-run ESU. Genetically, the remaining Puget Sound and Hood 
Canal locations were clustered together with the winter-run chum salmon 
as genetic outliers most closely related to the fall-run Hood Canal and 
northern Puget Sound populations. Additional samples and analysis 
(Phelps 1995) resulted in three distinct clusters of samples: (1) 
Summer-run chum salmon of Hood Canal and Strait of Juan de Fuca; (2) 
Puget Sound fall-run and southern Puget Sound winter- and summer-run 
chum salmon; and (3) Strait of Juan de Fuca, coastal Washington, and 
Oregon fall-run chum salmon (Johnson et al. 1997). Recently, Waples 
(2015) analyzed genetic diversity and population structure from 174 
chum salmon individuals at 10 Puget Sound/Strait of Georgia locations--
including one Hood Canal summer-run ESU location (Hamma Hamma River), 
the Nisqually River winter-run location, and eight other Puget Sound/
Strait of Georgia locations. In a FST matrix and 
phylogenetic tree analysis, the Hamma Hamma River location was most 
genetically diverse followed by the Nisqually River winter-run. A 
principle component analysis (PCA) evaluating the genetic relationships 
between the individuals from all 10 locations showed that the Hamma 
Hamma River location was the most genetically distinct with the other 
nine locations clustered together (including the Nisqually River 
winter-run). In response to this current petition, NMFS's Northwest 
Fishery Science Center (NWFSC) examined the available data concerning 
the winter-run chum salmon from the Nisqually River system and Chambers 
Creek. An analysis of these data (J. Hard, Supervisory Research Fishery 
Biologist, NWFSC, email September 2, 2015) confirmed the earlier 
conclusions from Johnson et al. (1997) that ``the winter-run fish 
cluster closely with fall-run fish in Puget Sound and Hood Canal'' and 
that ``there is no clear genetic evidence to support the idea that the 
winter-run chum salmon in Puget Sound are substantially reproductively 
isolated from other chum salmon populations in southern Puget Sound.''
    In examining the ecological component, neither the Nisqually River 
nor Chambers Creek watersheds are isolated geographically or 
reproductively from other chum salmon populations in southern Puget 
Sound; therefore, it does not qualify as an ESU. While there is no need 
to determine whether this cluster represents an important component in 
the evolutionary legacy of the species (2nd criterion of the ESU 
Policy), we include this information in order to be thorough. Both the 
Nisqually River and Chambers Creek watersheds have supported both 
summer- and fall-run chum salmon in the past, along with winter-run 
chum salmon (Johnson et al. 1997), so there is nothing unique 
preventing these watersheds from supporting multiple chum salmon runs. 
No additional ecological information was provided by the petitioner nor 
found in our files.
    For the life history component, Johnson et al. (1997) stated that 
``the distinctiveness of the winter-run populations was not sufficient 
to designate these populations as a separate ESU. Rather, the team 
concluded that these populations, along with the summer-run populations 
in southern Puget Sound, reflect patterns of diversity within a 
relatively large and complex ESU.'' No additional life history 
information was provided by the petitioner nor found in our files; 
therefore, we find the conclusions in Johnson et al. (1997) remain 
valid. We conclude that the winter-run cluster does not represent an 
important component in the evolutionary legacy of the species.
    After reviewing the genetic, ecological, and life history 
components of these two winter-run chum salmon populations, we have 
concluded that these populations are not distinct from the other 
populations within the Puget Sound/Strait of Georgia ESU and do not 
meet our criteria for identification as a separate ESU. Therefore, 
based upon the information from the petitioner and the data found in 
our files, we conclude that these populations are not a separate ESU 
and do not qualify for listing under the ESA.

Other Information Provided by the Petitioner

    The petitioner also provided additional information on abundance 
for the two winter-run chum salmon populations and climate change. 
Since we determined that these two winter-run chum salmon populations 
do not qualify as an ESU, these two items were not analyzed.

[[Page 33068]]

Petition Finding

    After reviewing the information contained in the petition, as well 
as information readily available in our files, and based on the above 
analysis, we conclude that the petition does not present substantial 
scientific or commercial information indicating that the petitioned 
action of identifying the winter-run Puget Sound chum salmon 
(Oncorhynchus keta) in the Nisqually River system and Chambers Creek as 
an ESU may be warranted. As such, we find that the petition does not 
present substantial scientific or commercial information indicating 
that the winter-run Puget Sound chum salmon in the Nisqually River 
system and Chambers Creek populations are ``species'' eligible for 
listing under the ESA.

References Cited

    The complete citations for the references used in this document can 
be obtained by contacting NMFS (See FOR FURTHER INFORMATION CONTACT) or 
on our Web site at: www.westcoast.fisheries.noaa.gov.

    Authority: The authority for this action is the Endangered 
Species Act of 1973, as amended (16. U.S.C. 1531 et seq.).

    Dated: July 13, 2017.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2017-15065 Filed 7-18-17; 8:45 am]
BILLING CODE 3510-22-P



                                                    33064                        Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices

                                                    is materially injured, or threatened with                are oil-extended and thus darker in color,            DEPARTMENT OF COMMERCE
                                                    material injury, by reason of imports of                 and are often called ‘‘Brown Rubber.’’
                                                    ESB rubber from Mexico no later than                        Specifically excluded from the scope of            National Oceanic and Atmospheric
                                                    45 days after the Department’s final                     this investigation are products which are             Administration
                                                    determination. If the ITC determines                     manufactured by blending ESB rubber with
                                                                                                                                                                   [Docket No. 150902810–7646–01]
                                                    that material injury or threat of material               other polymers, high styrene resin master
                                                    injury does not exist, the proceeding                    batch, carbon black master batch (i.e., IISRP         RIN 0648–XE167
                                                    will be terminated and all securities                    1600 series and 1800 series) and latex (an
                                                    posted will be refunded or canceled. If                  intermediate product).                                Listing Endangered or Threatened
                                                    the ITC determines that such injury                         The products subject to this investigation         Species; 90-Day Finding on a Petition
                                                    does exist, the Department will issue an                 are currently classifiable under subheadings          To List the Winter-Run Puget Sound
                                                    antidumping duty order directing CBP                     4002.19.0015 and 4002.19.0019 of the                  Chum Salmon in the Nisqually River
                                                    to assess, upon further instruction by                   Harmonized Tariff Schedule of the United              System and Chambers Creek as a
                                                    the Department, antidumping duties on                    States (HTSUS). ESB rubber is described by            Threatened or Endangered
                                                    appropriate imports of the subject                       Chemical Abstract Services (CAS) Registry             Evolutionarily Significant Unit Under
                                                    merchandise entered, or withdrawn                        No. 9003–55–8. This CAS number also refers            the Endangered Species Act
                                                                                                             to other types of styrene butadiene rubber.
                                                    from warehouse, for consumption on or                                                                          AGENCY:  National Marine Fisheries
                                                                                                             Although the HTSUS subheadings and CAS
                                                    after the date of the suspension of                                                                            Service (NMFS), National Oceanic and
                                                                                                             registry number are provided for convenience
                                                    liquidation.                                                                                                   Atmospheric Administration (NOAA),
                                                                                                             and customs purposes, the written
                                                    Notification Regarding Administrative                    description of the scope of this investigation
                                                                                                                                                                   Commerce.
                                                    Protective Orders                                        is dispositive.                                       ACTION: Notice of 90-day petition
                                                                                                                                                                   finding.
                                                       This notice serves as a reminder to                   Appendix II
                                                    parties subject to an administrative                                                                           SUMMARY:   We, NMFS, announce a 90-
                                                                                                             List of Topics Discussed in the Issues and            Day finding on a petition to list the
                                                    protective order (APO) of their
                                                                                                             Decision Memorandum                                   winter-run Puget Sound chum salmon
                                                    responsibility concerning the
                                                    disposition of proprietary information                   I. Summary                                            (Oncorhynchus keta) in the Nisqually
                                                    disclosed under APO in accordance                        II. Background                                        River system and Chambers Creek as a
                                                    with 19 CFR 351.305(a)(3). Timely                        III. Scope Comments                                   threatened or endangered evolutionarily
                                                    notification of the return or destruction                IV. Scope of the Investigation                        significant unit (ESU) under the
                                                    of APO materials, or conversion to                       V. Margin Calculations                                Endangered Species Act (ESA) and to
                                                    judicial protective order, is hereby                     VI. Discussion of the Issues                          designate critical habitat concurrently
                                                    requested. Failure to comply with the                       Comment 1: Partial Adverse Fact Available          with the listing. We find that the
                                                    regulations and the terms of an APO is                         for Negromex’s Financial Expense Rate           petition and information in our files do
                                                    a violation subject to sanction.                            Comment 2: Partial Adverse Facts                   not present substantial scientific or
                                                                                                                   Available for Negromex’s Domestic               commercial information indicating that
                                                       This determination and this notice are
                                                                                                                   Brokerage and Handling Expenses, U.S.           the winter-run chum salmon from the
                                                    issued and published pursuant to                               Brokerage and Handling Expenses, and
                                                    sections 735(d) and 777(i)(1) of the Act.                                                                      Nisqually River system and Chambers
                                                                                                                   U.S. Inland Freight From Warehouse to           Creek qualify as an ESU under the ESA.
                                                      Dated: July 10, 2017.                                        Customer Expenses                               As such, we find that the petition does
                                                    Gary Taverman,                                              Comment 3: Partial Adverse Facts                   not present substantial scientific or
                                                    Deputy Assistant Secretary for Antidumping                     Available for Certain Unreported Sales          commercial information indicating that
                                                    and Countervailing Duty Operations,                         Comment 4: Eligibility for a CEP Offset            the winter-run chum salmon in the
                                                    performing the non-exclusive functions and                  Comment 5: Recalculation of Negromex’s
                                                                                                                                                                   Nisqually River system and Chambers
                                                    duties of the Assistant Secretary for                          G&A Expense Rate
                                                    Enforcement and Compliance.                                                                                    Creek are a ‘‘species’’ eligible for listing
                                                                                                                Comment 6: Billing Adjustment
                                                                                                                                                                   under the ESA.
                                                    Appendix I                                                  Comment 7: Treatment of Freight Expenses
                                                                                                                                                                   ADDRESSES: Electronic copies of the
                                                                                                                   Included in Resirene’s SG&A
                                                    Scope of the Investigation                                  Comment 8: Apply the Market Price of               petition and other materials are
                                                       For purposes of this investigation, the                     Styrene to Negromex’s COM                       available on the NMFS West Coast
                                                    product covered is cold-polymerized                         Comment 9: Treatment of Technology                 Region Web site at
                                                    emulsion styrene-butadiene rubber (ESB                         Expenses in Negromex’s G&A Ratio                www.westcoast.fisheries.noaa.gov.
                                                    rubber). The scope of the investigation                     Comment 10: Short-Term Interest Rate for           FOR FURTHER INFORMATION CONTACT: Gary
                                                    includes, but is not limited to, ESB rubber in                 Negromex’s Credit Expenses                      Rule, NMFS West Coast Region, at
                                                    primary forms, bales, granules, crumbs,
                                                    pellets, powders, plates, sheets, strip, etc.
                                                                                                             VII. Recommendation                                   gary.rule@noaa.gov, (503) 230–5424; or
                                                    ESB rubber consists of non-pigmented                     [FR Doc. 2017–14951 Filed 7–18–17; 8:45 am]           Maggie Miller, NMFS Office of
                                                    rubbers and oil-extended non-pigmented                   BILLING CODE 3510–DS–P
                                                                                                                                                                   Protected Resources, at
                                                    rubbers, both of which contain at least one                                                                    margaret.h.miller@noaa.gov, (301) 427–
                                                    percent of organic acids from the emulsion                                                                     8457.
                                                    polymerization process.                                                                                        SUPPLEMENTARY INFORMATION:
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                       ESB rubber is produced and sold in
                                                    accordance with a generally accepted set of                                                                    Background
                                                    product specifications issued by the                                                                             On June 29, 2015, we received a
                                                    International Institute of Synthetic Rubber
                                                                                                                                                                   petition from Mr. Sam Wright (Olympia,
                                                    Producers (IISRP). The scope of the
                                                    investigation covers grades of ESB rubber                                                                      Washington) to list the winter-run Puget
                                                    included in the IISRP 1500 and 1700 series                                                                     Sound chum salmon (Oncorhynchus
                                                    of synthetic rubbers. The 1500 grades are                                                                      keta) in the Nisqually River system and
                                                    light in color and are often described as                                                                      Chambers Creek as a threatened or
                                                    ‘‘Clear’’ or ‘‘White Rubber.’’ The 1700 grades                                                                 endangered ESU under the ESA and to


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                                                                                 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices                                             33065

                                                    designate critical habitat concurrently                  consideration in a salmon listing                     is not required to make a positive 90-
                                                    with the listing. The petitioner asserts                 determination, we apply our Policy on                 day finding. We will not conclude that
                                                    that (1) the designation of these two                    Applying the Definition of Species                    a lack of specific information alone
                                                    winter-run chum salmon populations as                    under the ESA to Pacific Salmon (ESU                  necessitates a negative 90-day finding if
                                                    an ESU is justified because these                        Policy) (56 FR 58612; November 20,                    a reasonable person would conclude
                                                    populations are the only known winter-                   1991). Under this policy, populations of              that the unknown information itself
                                                    run chum salmon populations in the                       salmon substantially reproductively                   suggests the species may be at risk of
                                                    world, (2) a diverging trend in                          isolated from other conspecific                       extinction presently or within the
                                                    abundance between the Chambers Creek                     populations and representing an                       foreseeable future.
                                                    population and the fall-run chum                         important component in the                               To make a 90-day finding on a
                                                    salmon populations in southern Puget                     evolutionary legacy of the biological                 petition to list a species, we evaluate
                                                    Sound renders the Nisqually River                        species are considered to be an ESU. In               whether the petition presents
                                                    population as the only viable winter-run                 our listing determinations for Pacific                substantial scientific or commercial
                                                    population and justifies an ESA listing                  salmon under the ESA, we have treated                 information indicating the subject
                                                    of the petitioner’s proposed ESU as                      an ESU as constituting a DPS, and hence               species may be either threatened or
                                                    threatened or endangered, and (3)                        a ‘‘species,’’ under the ESA. A species,              endangered, as defined by the ESA.
                                                    NMFS’s ‘‘Status Review of Chum                           subspecies, or ESU is ‘‘endangered’’ if it            ESA-implementing regulations issued
                                                    Salmon from Washington, Oregon, and                      is in danger of extinction throughout all             jointly by NMFS and U.S. Fish and
                                                    California (NOAA Technical                               or a significant portion of its range, and            Wildlife Service (50 CFR 424.14(i))
                                                    Memorandum NMFS–NWFSC–32)’’                              ‘‘threatened’’ if it is likely to become              define ‘‘substantial information’’ in the
                                                    (Johnson et al. 1997) did not address                    endangered within the foreseeable                     context of reviewing a petition to list,
                                                    ‘‘global warming’’ or ‘‘climate change.’’                future throughout all or a significant                delist, or reclassify a species as credible
                                                    Copies of the petition are available upon                portion of its range (ESA sections 3(6)               scientific information in support of the
                                                    request (see ADDRESSES).                                 and 3(20), respectively, 16 U.S.C.                    petition’s claims such that a reasonable
                                                                                                             1532(6) and (20)). Pursuant to the ESA                person conducting an impartial
                                                    ESA Statutory, Regulatory, Policy                                                                              scientific review would conclude that
                                                    Provisions, and Evaluation Framework                     and our implementing regulations, we
                                                                                                             determine whether species are                         the revision proposed in the petition
                                                       Section 4(b)(3)(A) of the ESA of 1973,                threatened or endangered based on any                 may be warranted. Conclusions drawn
                                                    as amended (16 U.S.C. 1531 et seq.),                     one or a combination of the following                 in the petition without the support of
                                                    requires, to the maximum extent                                                                                credible scientific information will not
                                                                                                             five section 4(a)(1) factors: The present
                                                    practicable, that within 90 days of                                                                            be considered ‘‘substantial
                                                                                                             or threatened destruction, modification,
                                                    receipt of a petition to list a species as                                                                     information.’’ The ‘‘substantial scientific
                                                                                                             or curtailment of habitat or range;
                                                    threatened or endangered, the Secretary                                                                        or commercial information’’ standard
                                                                                                             overutilization for commercial,
                                                    of Commerce make a finding on whether                                                                          must be applied in light of any prior
                                                                                                             recreational, scientific, or educational
                                                    that petition presents substantial                                                                             reviews or findings we have made on
                                                                                                             purposes; disease or predation;
                                                    scientific or commercial information                                                                           the listing status of the species that is
                                                                                                             inadequacy of existing regulatory
                                                    indicating that the petitioned action                                                                          the subject of the petition. Where we
                                                                                                             mechanisms; and any other natural or
                                                    may be warranted, and to promptly                                                                              have already conducted a finding on, or
                                                                                                             manmade factors affecting the species’
                                                    publish such finding in the Federal                                                                            review of, the listing status of that
                                                    Register (16 U.S.C. 1533(b)(3)(A)). When                 existence (16 U.S.C. 1533(a)(1), 50 CFR
                                                                                                                                                                   species (whether in response to a
                                                    it is found that substantial scientific or               424.11(c)).
                                                                                                                                                                   petition or on our own initiative), we
                                                    commercial information in a petition                        At the 90-day finding stage, we                    will evaluate any petition received
                                                    indicates the petitioned action may be                   evaluate the petitioners’ request based               thereafter seeking to list, delist, or
                                                    warranted (a ‘‘positive 90-day finding’’),               upon the information in the petition                  reclassify that species to determine
                                                    we are required to promptly commence                     including its references and the                      whether a reasonable person conducting
                                                    a review of the status of the species                    information readily available in our                  an impartial scientific review would
                                                    concerned during which we will                           files. We do not conduct additional                   conclude that the action proposed in the
                                                    conduct a comprehensive review of the                    research, and we do not solicit                       petition may be warranted despite the
                                                    best available scientific and commercial                 information from parties outside the                  previous review or finding. Where the
                                                    information. In such cases, we conclude                  agency to help us in evaluating the                   prior review resulted in a final agency
                                                    the review with a finding as to whether,                 petition. We will accept the petitioners’             action, a petitioned action generally
                                                    in fact, the petitioned action is                        sources and characterizations of the                  would not be considered to present
                                                    warranted within 12 months of receipt                    information presented if they appear to               substantial scientific and commercial
                                                    of the petition. Because the finding at                  be based on accepted scientific                       information indicating that the action
                                                    the 12-month stage is based on a more                    principles, unless we have specific                   may be warranted unless the petition
                                                    thorough review of the available                         information in our files that indicates               provides new information not
                                                    information, as compared to the narrow                   the petition’s information is incorrect,              previously considered.
                                                    scope of review at the 90-day stage, a                   unreliable, obsolete, or otherwise                       In evaluating the petition, we first
                                                    ‘‘may be warranted’’ finding does not                    irrelevant to the requested action.                   evaluate whether the information
                                                    prejudge the outcome of the status                       Information that is susceptible to more               presented in the petition, along with the
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    review.                                                  than one interpretation or that is                    information readily available in our
                                                       Under the ESA, a listing                              contradicted by other available                       files, indicates that the petitioned entity
                                                    determination may address a species,                     information will not be dismissed at the              constitutes a ‘‘species’’ eligible for
                                                    which is defined to also include                         90-day finding stage, so long as it is                listing under the ESA. Next, we evaluate
                                                    subspecies and, for any vertebrate                       reliable and a reasonable person would                whether the information indicates that
                                                    species, any distinct population                         conclude it supports the petitioners’                 the species faces an extinction risk that
                                                    segment (DPS) that interbreeds when                      assertions. In other words, conclusive                is cause for concern; this may be
                                                    mature (16 U.S.C. 1532(16)). To identify                 information indicating the species may                indicated in information expressly
                                                    the proper taxonomic unit for                            meet the ESA’s requirements for listing               discussing the species’ status and


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                                                    33066                        Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices

                                                    trends, or in information describing                     will evaluate the source of information               trends were increasing. The Pacific
                                                    impacts and threats to the species. We                   that the classification is based upon in              Coast chum salmon ESU, with its large
                                                    evaluate any information on specific                     light of the standards on extinction risk             geographic area and considerable
                                                    demographic factors pertinent to                         and impacts or threats discussed above.               diversity, was also not considered
                                                    evaluating extinction risk for the species                                                                     warranted for ESA listing. The BRT,
                                                                                                             Previous Reviews of Puget Sound/Strait
                                                    (e.g., population abundance and trends,                                                                        however, determined that the Hood
                                                                                                             of Georgia Chum Salmon Under the
                                                    productivity, spatial structure, age                                                                           Canal summer-run chum salmon ESU
                                                                                                             ESA
                                                    structure, sex ratio, diversity, current                                                                       and Columbia River chum salmon ESU
                                                    and historical range, habitat integrity or                  On March 14, 1994, NMFS was                        are likely to become endangered in the
                                                    fragmentation), and the potential                        petitioned by the Professional Resources              foreseeable future if present conditions
                                                    contribution of identified demographic                   Organization—Salmon (PRO—Salmon)                      continue. NMFS listed these ESUs as
                                                    risks to extinction risk for the species.                to list Washington’s Hood Canal,                      threatened species under the ESA on
                                                    We then evaluate the potential links                     Discovery Bay, and Sequim Bay                         March 25, 1999 (64 FR 14507).
                                                    between these demographic risks and                      summer-run chum salmon
                                                                                                             (Oncorhynchus keta) as threatened or                  Analysis of Petition and Information
                                                    the causative impacts and threats
                                                                                                             endangered species under the ESA                      Readily Available in NMFS Files
                                                    identified in section 4(a)(1).
                                                       Information presented on impacts or                   (PRO—Salmon 1994). A second                              As mentioned above, in analyzing the
                                                    threats should be specific to the species                petition, received April 4, 1994, from                request of the petitioner, we first
                                                    and should reasonably suggest that one                   the ‘‘Save Allison Springs’’ Citizens                 evaluate whether the information
                                                    or more of these factors may be                          Committee (1994), requested listing of                presented in the petition, along with
                                                    operative threats that act or have acted                 fall chum salmon found in the following               information readily available in our
                                                    on the species to the point that it may                  southern Puget Sound streams or bays:                 files, indicates that the petitioned entity
                                                    warrant protection under the ESA.                        Allison Springs, McLane Creek,                        constitutes a ‘‘species’’ eligible for
                                                    Broad statements about generalized                       tributaries of McLane Creek (Swift Creek              listing under the ESA. Because the
                                                    threats to the species, or identification                and Beatty Creek), Perry Creek, and the               petition specifically requests listing of
                                                    of factors that could negatively impact                  southern section of Mud Bay/Eld Inlet.                an ESU, we evaluate whether the
                                                    a species, do not constitute substantial                 A third petition, received by NMFS on                 information indicates that the petitioned
                                                    information indicating that listing may                  May 20, 1994, was submitted by Trout                  entities, the winter-run Puget Sound
                                                    be warranted. We look for information                    Unlimited (1994) and requested listing                chum salmon in the Nisqually River
                                                    indicating that not only is the particular               the Hood Canal summer chum. As the                    system and Chambers Creek, constitute
                                                    species exposed to a factor, but that the                result of these three petitions, NMFS                 an ESU pursuant to our ESU Policy.
                                                    species may be responding in a negative                  assembled a Biological Review Team                       When identifying an ESU, our ESU
                                                    fashion; then we assess the potential                    (BRT) and initiated an ESA status                     Policy (56 FR 58612; November 20,
                                                    significance of that negative response.                  review of all chum salmon populations                 1991) stipulates two elements that must
                                                       Many petitions identify risk                          in Washington, Oregon, and California.                be considered: (1) It must be
                                                    classifications made by                                  In December 1997, the status review was               substantially reproductively isolated
                                                    nongovernmental organizations, such as                   published as Johnson et al. (1997). In                from other nonspecific population units,
                                                    the International Union on the                           the status review, the BRT identified                 and (2) it must represent an important
                                                    Conservation of Nature (IUCN), the                       four ESUs—the Puget Sound/Strait of                   component in the evolutionary legacy of
                                                    American Fisheries Society, or                           Georgia ESU, Hood Canal summer-run                    the species. In terms of reproductive
                                                    NatureServe, as evidence of extinction                   ESU, Pacific Coast ESU, and Columbia                  isolation, the ESU Policy states that
                                                    risk for a species. Risk classifications by              River ESU. The winter-run chum                        reproductive isolation does not have to
                                                    such organizations or made under other                   salmon populations in the Nisqually                   be absolute, but it must be strong
                                                    Federal or state statutes may be                         River system and Chambers Creek were                  enough to permit evolutionarily
                                                    informative, but such classification                     identified as part of the Puget Sound/                important differences to accrue in
                                                    alone will not alone provide sufficient                  Strait of Georgia ESU. Despite these                  different population units. Insights into
                                                    basis for a positive 90-day finding under                populations being one of the more                     the extent of reproductive isolation can
                                                    the ESA. For example, as explained by                    genetically distinct populations in Puget             be provided by movements of tagged
                                                    NatureServe, their assessments of a                      Sound, the BRT (1) did not consider                   fish, recolonization rates of other
                                                    species’ conservation status do ‘‘not                    those differences distinct enough to                  populations, measurements of genetic
                                                    constitute a recommendation by                           warrant designating them as a separate                differences between population, and
                                                    NatureServe for listing under the U.S.                   ESU and (2) determined that these                     evaluations of the efficacy of natural
                                                    Endangered Species Act’’ because                         populations, along with the summer-run                barriers. In terms of evolutionary legacy
                                                    NatureServe assessments ‘‘have                           Puget Sound populations, reflected                    of the species, that criterion would be
                                                    different criteria, evidence                             patterns of diversity within a large and              met if the population contributed
                                                    requirements, purposes and taxonomic                     complex ESU. The BRT determined that                  substantially to the ecological/genetic
                                                    coverage than government lists of                        the Puget Sound/Strait of Georgia chum                diversity of the species as a whole. To
                                                    endangered and threatened species, and                   salmon ESU was not presently at risk of               make that determination, the following
                                                    therefore these two types of lists should                extinction nor was it likely to become                questions are relevant: Is the population
                                                    not be expected to coincide’’ (http://                   endangered in the foreseeable future                  genetically distinct from other
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    www.natureserve.org/prodServices/pdf/                    throughout all or a significant portion of            conspecific populations (genetic
                                                    NatureServeStatusAssessmentsListing-                     its range. The BRT found that the (1) the             component)? Does the population
                                                    Dec%202008.pdf). Additionally, species                   Puget Sound/Strait of Georgia chum                    occupy unusual or distinctive habitat
                                                    classifications under IUCN and the ESA                   salmon ESU’s abundance was at or near                 (ecological component)? Does the
                                                    are not equivalent; data standards,                      the historical annual run levels of over              population show evidence of unusual or
                                                    criteria used to evaluate species, and                   one million fish, (2) the majority of the             distinctive adaptation to its
                                                    treatment of uncertainty are also not                    populations had stable or increasing                  environment (life-history component)?
                                                    necessarily the same. Thus, when a                       population trends, and (3) all                           In evaluating this petition, we looked
                                                    petition cites such classifications, we                  populations with statistically significant            for information to suggest that the


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                                                                                 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices                                            33067

                                                    petitioned entities, the winter-run Puget                Oregon (Phelps et al. 1994; Johnson et                  In examining the ecological
                                                    Sound chum salmon in the Nisqually                       al. 1997). Seventy-two of those 105                   component, neither the Nisqually River
                                                    River system and Chambers Creek                          locations were from Puget Sound                       nor Chambers Creek watersheds are
                                                    populations, may qualify as an ESU                       including the Chambers Creek and                      isolated geographically or
                                                    under both the reproductive isolation                    Nisqually River winter-run populations.               reproductively from other chum salmon
                                                    and evolutionary legacy of the species                   From that analysis, the Hood Canal and                populations in southern Puget Sound;
                                                    criteria of our ESU Policy. Our                          Strait of Juan de Fuca summer-run                     therefore, it does not qualify as an ESU.
                                                    evaluation is discussed below.                           chum salmon were determined to be                     While there is no need to determine
                                                    Qualification of the Winter-Run Puget                    genetically distinct from the other Puget             whether this cluster represents an
                                                    Sound Chum Salmon in the Nisqually                       Sound populations and were described                  important component in the
                                                    River System and Chambers Creek as                       as the Hood Canal summer-run ESU.                     evolutionary legacy of the species (2nd
                                                    an ESU                                                   Genetically, the remaining Puget Sound                criterion of the ESU Policy), we include
                                                                                                             and Hood Canal locations were                         this information in order to be thorough.
                                                       The petitioner asserts that (1) the                   clustered together with the winter-run                Both the Nisqually River and Chambers
                                                    designation of these two winter-run                      chum salmon as genetic outliers most                  Creek watersheds have supported both
                                                    chum salmon populations as an ESU is
                                                                                                             closely related to the fall-run Hood                  summer- and fall-run chum salmon in
                                                    justified because they are the only
                                                                                                             Canal and northern Puget Sound                        the past, along with winter-run chum
                                                    known winter-run chum salmon
                                                                                                             populations. Additional samples and                   salmon (Johnson et al. 1997), so there is
                                                    populations in the world, (2) a diverging
                                                                                                             analysis (Phelps 1995) resulted in three              nothing unique preventing these
                                                    trend in abundance between the
                                                    Chambers Creek population and the fall-                  distinct clusters of samples: (1)                     watersheds from supporting multiple
                                                    run chum salmon populations in                           Summer-run chum salmon of Hood                        chum salmon runs. No additional
                                                    southern Puget Sound renders the                         Canal and Strait of Juan de Fuca; (2)                 ecological information was provided by
                                                    Nisqually River population as the only                   Puget Sound fall-run and southern                     the petitioner nor found in our files.
                                                    viable winter-run population and                         Puget Sound winter- and summer-run                      For the life history component,
                                                    justifies an ESA listing of the                          chum salmon; and (3) Strait of Juan de                Johnson et al. (1997) stated that ‘‘the
                                                    petitioner’s proposed ESU as threatened                  Fuca, coastal Washington, and Oregon                  distinctiveness of the winter-run
                                                    or endangered, and (3) Johnson et al.                    fall-run chum salmon (Johnson et al.                  populations was not sufficient to
                                                    (1997) did not address ‘‘global                          1997). Recently, Waples (2015) analyzed               designate these populations as a
                                                    warming’’ or ‘‘climate change.’’ To make                 genetic diversity and population                      separate ESU. Rather, the team
                                                    the argument for identifying these two                   structure from 174 chum salmon                        concluded that these populations, along
                                                    populations as an ESU, the petitioner                    individuals at 10 Puget Sound/Strait of               with the summer-run populations in
                                                    relies almost exclusively on information                 Georgia locations—including one Hood                  southern Puget Sound, reflect patterns
                                                    from Johnson et al. (1997). The only                     Canal summer-run ESU location                         of diversity within a relatively large and
                                                    other information that the petitioner                    (Hamma Hamma River), the Nisqually                    complex ESU.’’ No additional life
                                                    presents is abundance data for the                       River winter-run location, and eight                  history information was provided by the
                                                    Chambers Creek (1968 through 2008)                       other Puget Sound/Strait of Georgia                   petitioner nor found in our files;
                                                    and Nisqually River (1968 through                        locations. In a FST matrix and                        therefore, we find the conclusions in
                                                    2013) winter-run chum salmon                             phylogenetic tree analysis, the Hamma                 Johnson et al. (1997) remain valid. We
                                                    populations. To direct our decision, we                  Hamma River location was most                         conclude that the winter-run cluster
                                                    will first analyze the petition’s assertion              genetically diverse followed by the                   does not represent an important
                                                    that these two winter-run chum salmon                    Nisqually River winter-run. A principle               component in the evolutionary legacy of
                                                    populations are a separate ESU; and if                   component analysis (PCA) evaluating                   the species.
                                                    we determine that to be true, we will                    the genetic relationships between the
                                                                                                             individuals from all 10 locations                       After reviewing the genetic,
                                                    then analyze the other two assertions
                                                                                                             showed that the Hamma Hamma River                     ecological, and life history components
                                                    described above.
                                                       As stated previously, NMFS received                   location was the most genetically                     of these two winter-run chum salmon
                                                    three petitions in 1994 to list several                  distinct with the other nine locations                populations, we have concluded that
                                                    populations of chum salmon in Puget                      clustered together (including the                     these populations are not distinct from
                                                    Sound. In response to these petitions                    Nisqually River winter-run). In response              the other populations within the Puget
                                                    and to address general concerns about                    to this current petition, NMFS’s                      Sound/Strait of Georgia ESU and do not
                                                    the species, NMFS assembled a BRT to                     Northwest Fishery Science Center                      meet our criteria for identification as a
                                                    conduct a status review of chum salmon                   (NWFSC) examined the available data                   separate ESU. Therefore, based upon the
                                                    to identify the ESUs and determine their                 concerning the winter-run chum salmon                 information from the petitioner and the
                                                    statuses throughout the Pacific                          from the Nisqually River system and                   data found in our files, we conclude that
                                                    Northwest. The findings were published                   Chambers Creek. An analysis of these                  these populations are not a separate
                                                    as Johnson et al. (1997). Based upon                     data (J. Hard, Supervisory Research                   ESU and do not qualify for listing under
                                                    genetic, ecological, and life-history                    Fishery Biologist, NWFSC, email                       the ESA.
                                                    components, the BRT was able to                          September 2, 2015) confirmed the                      Other Information Provided by the
                                                    analyze and group West Coast chum                        earlier conclusions from Johnson et al.               Petitioner
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    salmon populations into four different                   (1997) that ‘‘the winter-run fish cluster
                                                    chum salmon ESUs. For these ESUs, the                    closely with fall-run fish in Puget Sound               The petitioner also provided
                                                    BRT analyzed the following available                     and Hood Canal’’ and that ‘‘there is no               additional information on abundance
                                                    information.                                             clear genetic evidence to support the                 for the two winter-run chum salmon
                                                       For the genetic component, the BRT                    idea that the winter-run chum salmon in               populations and climate change. Since
                                                    analyzed the genetic variability at 39                   Puget Sound are substantially                         we determined that these two winter-
                                                    polymorphic loci in 153 samples                          reproductively isolated from other chum               run chum salmon populations do not
                                                    collected from 105 locations in southern                 salmon populations in southern Puget                  qualify as an ESU, these two items were
                                                    British Columbia, Washington, and                        Sound.’’                                              not analyzed.


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                                                    33068                        Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices

                                                    Petition Finding                                         ADDRESSES:    The following login                     Special Accommodations
                                                       After reviewing the information                       instructions will work for any of the                   The public listening station is
                                                    contained in the petition, as well as                    webinars in this series. To attend the                physically accessible to people with
                                                    information readily available in our                     webinar (1) join the meeting by visiting              disabilities. Requests for sign language
                                                    files, and based on the above analysis,                  this link http://www.gotomeeting.com/                 interpretation or other auxiliary aids
                                                    we conclude that the petition does not                   online/webinar/join-webinar; (2) enter                should be directed to Mr. Kris
                                                    present substantial scientific or                        the Webinar ID: 740–284–043, and (3)                  Kleinschmidt at 503–820–2411 at least
                                                    commercial information indicating that                   enter your name and email address                     ten business days prior to the meeting
                                                    the petitioned action of identifying the                 (required). After logging in to the                   date.
                                                    winter-run Puget Sound chum salmon                       webinar, please (1) dial this TOLL
                                                                                                             number (+1) (914) 614–3221 (not a toll-                 Dated: July 14, 2017.
                                                    (Oncorhynchus keta) in the Nisqually                                                                           Tracey L. Thompson,
                                                    River system and Chambers Creek as an                    free number); (2) enter the attendee
                                                                                                             phone audio access code 572–823–832;                  Acting Director, Office of Sustainable
                                                    ESU may be warranted. As such, we                                                                              Fisheries, National Marine Fisheries Service.
                                                    find that the petition does not present                  and (3) then enter your audio phone pin
                                                    substantial scientific or commercial                     (shown after joining the webinar).                    [FR Doc. 2017–15138 Filed 7–18–17; 8:45 am]

                                                    information indicating that the winter-                  NOTE: We have disabled Mic/Speakers                   BILLING CODE 3510–22–P

                                                    run Puget Sound chum salmon in the                       as on option and require all participants
                                                    Nisqually River system and Chambers                      to use a telephone or cell phone to
                                                                                                             participate. Technical Information and                DEPARTMENT OF COMMERCE
                                                    Creek populations are ‘‘species’’ eligible
                                                    for listing under the ESA.                               System Requirements: PC-based
                                                                                                             attendees are required to use Windows®                National Oceanic and Atmospheric
                                                    References Cited                                         7, Vista, or XP; Mac®-based attendees                 Administration
                                                      The complete citations for the                         are required to use Mac OS® X 10.5 or
                                                                                                             newer; Mobile attendees are required to               RIN 0649–XF555
                                                    references used in this document can be
                                                    obtained by contacting NMFS (See FOR                     use iPhone®, iPad®, AndroidTM phone
                                                                                                                                                                   Gulf of Mexico Fishery Management
                                                    FURTHER INFORMATION CONTACT) or on                       or Android tablet (See the GoToMeeting
                                                                                                                                                                   Council; Public Meeting
                                                    our Web site at:                                         WebinarApps). You may send an email
                                                    www.westcoast.fisheries.noaa.gov.                        to Mr. Kris Kleinschmidt at                           AGENCY:  National Marine Fisheries
                                                                                                             Kris.Kleinschmidt@noaa.gov or contact                 Service (NMFS), National Oceanic and
                                                      Authority: The authority for this action is            him at 503–820–2280, extension 411 for
                                                    the Endangered Species Act of 1973, as
                                                                                                                                                                   Atmospheric Administration (NOAA),
                                                    amended (16. U.S.C. 1531 et seq.).
                                                                                                             technical assistance. A public listening              Commerce.
                                                                                                             station will also be available at the                 ACTION: Notice of a public meeting.
                                                      Dated: July 13, 2017.                                  Pacific Council office.
                                                    Samuel D. Rauch, III,                                       Council address: Pacific Council,                  SUMMARY:   The Gulf of Mexico Fishery
                                                    Deputy Assistant Administrator for                       7700 NE Ambassador Place, Suite 101,                  Management Council will hold a one-
                                                    Regulatory Programs, National Marine                     Portland, Oregon 97220–1384;                          day meeting of its Outreach and
                                                    Fisheries Service.                                       telephone: 503–820–2280.                              Education Technical Committee.
                                                    [FR Doc. 2017–15065 Filed 7–18–17; 8:45 am]              FOR FURTHER INFORMATION CONTACT: Ms.                  DATES: The meeting will convene on
                                                    BILLING CODE 3510–22–P                                   Kelly Ames, Pacific Council, 503–820–                 Tuesday, August 1, 2017, 9 a.m.–4 p.m.,
                                                                                                             2426.                                                 EDT.
                                                                                                             SUPPLEMENTARY INFORMATION: The                        ADDRESSES: The meeting will be held at
                                                    DEPARTMENT OF COMMERCE
                                                                                                             primary purpose of the GMT webinars                   the Gulf Council Office.
                                                    National Oceanic and Atmospheric                         are to prepare for the September 2017                    Council address: Gulf of Mexico
                                                    Administration                                           Pacific Council meeting. A detailed                   Fishery Management Council, 2203 N.
                                                                                                             agenda for each webinar will be                       Lois Avenue, Suite 1100, Tampa, FL
                                                    RIN 0648–XF554
                                                                                                             available on the Pacific Council’s Web                33607; telephone: (813) 348–1630.
                                                                                                             site prior to the meeting. The GMT may                FOR FURTHER INFORMATION CONTACT:
                                                    Pacific Fishery Management Council;                      also address other assignments relating               Emily Muehlstein, Public Information
                                                    Public Meeting                                           to groundfish management. No                          Officer, Gulf of Mexico Fishery
                                                                                                             management actions will be decided by                 Management Council;
                                                    AGENCY:  National Marine Fisheries                       the GMT. The GMT’s task will be to                    emily.muehlstein@gulfcouncil.org,
                                                    Service (NMFS), National Oceanic and                     develop recommendations for                           telephone: (813) 348–1630.
                                                    Atmospheric Administration (NOAA),                       consideration by the Pacific Council at
                                                    Commerce.                                                                                                      SUPPLEMENTARY INFORMATION:
                                                                                                             its meetings in 2017.
                                                    ACTION: Notice; public meeting.                             Although nonemergency issues not                   Agenda
                                                                                                             contained in the meeting agenda may be
                                                    SUMMARY:   The Pacific Fishery                           discussed, those issues may not be the                Tuesday, August 1, 2017; 9 a.m. until 4
                                                    Management Council’s (Pacific Council)                   subject of formal action during these                 p.m.
                                                    Groundfish Management Team (GMT)                         meetings. Action will be restricted to                   The committee will begin with
                                                    will hold two webinars that are open to
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                             those issues specifically listed in this              introductions and adoption of agenda,
                                                    the public.                                              document and any issues arising after                 approval of the June 2016 meeting
                                                    DATES: The GMT webinars will be held                     publication of this document that                     summary, and discuss the use of proxy
                                                    Wednesday, August 2, 2017 from 10                        require emergency action under section                attendees. The committee will review
                                                    a.m. until 12 p.m. and Wednesday,                        305(c) of the Magnuson-Stevens Fishery                and discuss agency efforts and identify
                                                    September 6, 2017, from 8 a.m. to 12                     Conservation and Management Act,                      the agency point person for Fish
                                                    p.m. Webinar end times are estimates,                    provided the public has been notified of              Measurement (triggerfish) Outreach,
                                                    meetings will adjourn when business for                  the intent to take final action to address            Barotrauma and Use of Venting and
                                                    each day is completed.                                   the emergency.                                        Descending Tools Outreach, Lionfish


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Document Created: 2017-07-19 06:17:40
Document Modified: 2017-07-19 06:17:40
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 of 90-day petition finding.
ContactGary Rule, NMFS West Coast Region, at [email protected], (503) 230-5424; or Maggie Miller, NMFS Office of Protected Resources, at [email protected], (301) 427-8457.
FR Citation82 FR 33064 
RIN Number0648-XE16

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