83 FR 32283 - Endangered and Threatened Species; Take of Anadromous Fish
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 134 (July 12, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 134 (July 12, 2018)
| Page Range | 32283-32284 | |
| FR Document | 2018-14950 |
[Federal Register Volume 83, Number 134 (Thursday, July 12, 2018)] [Notices] [Pages 32283-32284] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14950] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG310 Endangered and Threatened Species; Take of Anadromous Fish AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of final determination and discussion of underlying biological and environmental analyses; notice of availability of Finding of No Significant Impact. ----------------------------------------------------------------------- SUMMARY: NMFS has evaluated the joint resource management plan (RMP) submitted to NMFS by the Sauk-Suiattle Indian Tribe, Swinomish Indian Tribal Community, Upper Skagit Indian Tribe, the Skagit River System Cooperative, and the Washington Department of Fish and Wildlife, pursuant to the limitation on take prohibitions for actions conducted under Limit 6 of the 4(d) Rule for salmon and steelhead promulgated under the Endangered Species Act (ESA). The RMP specifies harvest of ESA-listed, Skagit River steelhead in Treaty Indian fisheries and non- treaty recreational fisheries in the Skagit River terminal area of Washington State. This document serves to notify the public that NMFS, by delegated authority from the Secretary of Commerce, had determined pursuant to Limit 6 of the 4(d) rule for salmon and steelhead that implementing and enforcing the RMP will not appreciably reduce the likelihood of survival and recovery of Puget Sound steelhead. In compliance with the National Environmental Policy Act (NEPA), NMFS also announces the availability of its Finding of No Significant Impact for the Skagit River steelhead fisheries determination. DATES: The final determination of take prohibition limitation under the ESA was made on April 12, 2018. The Finding of No Significant Impact was signed on April 12, 2018. ADDRESSES: Requests for copies of the decision documents or any of the other associated documents should be directed to NOAA's National Marine Fisheries Service, West Coast Region, Sustainable Fisheries Division, 510 Desmond Drive, Suite 103, Lacey, WA 98503. The documents are also available online at www.westcoast.fisheries.noaa.gov. FOR FURTHER INFORMATION CONTACT: James Dixon at (360) 534-9329 or by email at [email protected]. SUPPLEMENTARY INFORMATION: ESA-Listed Species Covered in This Notice Steelhead (Oncorhynchus mykiss): threatened, naturally produced and artificially propagated Puget Sound. Chinook salmon (O. tshawytscha): threatened, naturally produced and artificially propagated Puget Sound. Background The Sauk-Suiattle Indian Tribe, Swinomish Indian Tribal Community, Upper Skagit Indian Tribe, and the Skagit River System Cooperative and the Washington Department of Fish and Wildlife have jointly submitted a steelhead fishery RMP to NMFS pursuant to the limitation on take prohibitions for actions conducted under Limit 6 of the 4(d) Rule for salmon and steelhead promulgated under the Endangered Species Act (ESA). The plan was submitted in November of 2016, pursuant to limit 6 of the 4(d) Rule for ESA-listed salmon and steelhead. The RMP would manage the harvest of Skagit River natural-origin steelhead in the Skagit River and in the terminal marine area of the Skagit River. As required, NMFS took public comments on its recommended determination for how the plans address the criteria in Sec. 223.203(b)(5) prior to making its final determination. Discussion of the Biological Analysis Underlying the Determination The goal of the Skagit RMP is to provide steelhead fishing opportunities for the Skagit River Treaty Tribes and for recreational fishers, in a manner that is conservative at higher run sizes and increasingly so at lower run sizes. For a period of five years, the Skagit RMP will implement annual steelhead fisheries in the Skagit terminal management area consistent with the impact limits, management framework, enforcement, and monitoring requirements, as described in the RMP. The Skagit RMP utilizes an abundance-based, stepped harvest regime to determine annual harvest rates, based on the annual forecasted run size. These stepped harvest rates range from a 4 percent total allowable harvest rate at low run sizes (<4,001 adults) to 25 percent for runs greater than 8,001 adults. NMFS has analyzed the Skagit RMP's proposed abundance-based, stepped harvest regime, along with the conservation measures proposed in the plan. We have concluded that the Skagit RMP would provide effective protection to the Skagit River steelhead populations based on parameters defining a viable salmonid population; in terms of overall abundance and productivity, as well as the diversity and spatial structure of the individual populations within the Skagit River basin. The Skagit RMP will provide for the proposed harvest opportunities while not appreciably slowing the population's achievement of viable function. NMFS' determination on the Skagit RMP depends upon implementation of all of the monitoring, evaluation, reporting tasks or assignments, and [[Page 32284]] enforcement activities included in the RMP. Reporting and inclusion of new information derived from research, monitoring, and evaluation activities described in the plan provide assurance that performance standards will be achieved in future seasons. Summary of Comments Received in the Response to the Proposed Evaluation and Pending Determination NMFS published notice of its Proposed Evaluation and Pending Determination (PEPD) on the plan for public review and comment on December 7, 2017 (82 FR 57729). The PEPD was available for public review and comment for 30 days. During the public comment period, 121 comments were received, all by email. These came in the form of: Individual, unique comments; individuals who submitted form-letter communications, some with added comments; and letters from fish conservation organizations. NMFS thoroughly reviewed and considered all of the substantive comments received from the public and the additional literature and studies submitted. This review of new information and data informed NMFS' subsequent analysis, in its biological opinion, but did not lead to any changes to the Skagit RMP, as submitted, or to NMFS' determination that the plan adequately addresses the 4(d), Limit 6 criteria. A section summarizing and responding to the substantive comments received during the public comment period on the PEPD is included as part of the final evaluation document, available on the West Coast Region website. Based on its evaluation and recommended determination and taking into account the public comments, NMFS issued its final determination on the joint state-tribal plan. Authority Under section 4 of the ESA, the Secretary of Commerce is required to adopt such regulations as he deems necessary and advisable for the conservation of species listed as threatened. The ESA salmon and steelhead 4(d) rule (50 CFR 223.203(b)) specifies categories of activities that contribute to the conservation of listed salmonids and sets out the criteria for such activities. The rule further provides that the prohibitions of paragraph (a) of the rule do not apply to actions undertaken in compliance with a plan developed jointly by a state and a tribe and determined by NMFS to be in accordance with the salmon and steelhead 4(d) rule (65 FR 42422, July 10, 2000). Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2018-14950 Filed 7-11-18; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 134 / Thursday, July 12, 2018 / Notices 32283
not limited to: (1) Case and rebuttal and environmental analyses; notice of Upper Skagit Indian Tribe, and the
briefs, filed pursuant to 19 CFR 351.309; availability of Finding of No Significant Skagit River System Cooperative and the
(2) factual information to value factors Impact. Washington Department of Fish and
under 19 CFR 351.408(c), or to measure Wildlife have jointly submitted a
the adequacy of remuneration under 19 SUMMARY: NMFS has evaluated the joint steelhead fishery RMP to NMFS
CFR 351.511(a)(2), filed pursuant to 19 resource management plan (RMP) pursuant to the limitation on take
CFR 351.301(c)(3) and rebuttal, submitted to NMFS by the Sauk-Suiattle prohibitions for actions conducted
clarification and correction filed Indian Tribe, Swinomish Indian Tribal under Limit 6 of the 4(d) Rule for
pursuant to 19 CFR 351.301(c)(3)(iv); (3) Community, Upper Skagit Indian Tribe, salmon and steelhead promulgated
comments concerning the selection of a the Skagit River System Cooperative, under the Endangered Species Act
surrogate country and surrogate values and the Washington Department of Fish (ESA). The plan was submitted in
and rebuttal; (4) comments concerning and Wildlife, pursuant to the limitation November of 2016, pursuant to limit 6
U.S. Customs and Border Protection on take prohibitions for actions of the 4(d) Rule for ESA-listed salmon
data; and (5) quantity and value conducted under Limit 6 of the 4(d) and steelhead. The RMP would manage
questionnaires. Under certain Rule for salmon and steelhead the harvest of Skagit River natural-origin
circumstances, Commerce may elect to promulgated under the Endangered steelhead in the Skagit River and in the
specify a different time limit by which Species Act (ESA). The RMP specifies terminal marine area of the Skagit River.
extension requests will be considered harvest of ESA-listed, Skagit River As required, NMFS took public
untimely for submissions which are due steelhead in Treaty Indian fisheries and comments on its recommended
from multiple parties simultaneously. In non-treaty recreational fisheries in the determination for how the plans address
such a case, Commerce will inform Skagit River terminal area of the criteria in § 223.203(b)(5) prior to
parties in the letter or memorandum Washington State. This document serves making its final determination.
setting forth the deadline (including a to notify the public that NMFS, by
delegated authority from the Secretary Discussion of the Biological Analysis
specified time) by which extension Underlying the Determination
requests must be filed to be considered of Commerce, had determined pursuant
timely. This modification also requires to Limit 6 of the 4(d) rule for salmon The goal of the Skagit RMP is to
that an extension request must be made and steelhead that implementing and provide steelhead fishing opportunities
in a separate, stand-alone submission, enforcing the RMP will not appreciably for the Skagit River Treaty Tribes and
and clarifies the circumstances under reduce the likelihood of survival and for recreational fishers, in a manner that
recovery of Puget Sound steelhead. In is conservative at higher run sizes and
which Commerce will grant untimely-
compliance with the National increasingly so at lower run sizes. For
filed requests for the extension of time
Environmental Policy Act (NEPA), a period of five years, the Skagit RMP
limits. These modifications are effective
NMFS also announces the availability of will implement annual steelhead
for all segments initiated on or after
its Finding of No Significant Impact for fisheries in the Skagit terminal
October 21, 2013. Please review the
the Skagit River steelhead fisheries management area consistent with the
final rule, available at http://
determination. impact limits, management framework,
www.gpo.gov/fdsys/pkg/FR-2013-09-20/
enforcement, and monitoring
html/2013-22853.htm, prior to DATES: The final determination of take
requirements, as described in the RMP.
submitting factual information in these prohibition limitation under the ESA
The Skagit RMP utilizes an abundance-
segments. was made on April 12, 2018. The based, stepped harvest regime to
These initiations and this notice are Finding of No Significant Impact was determine annual harvest rates, based
in accordance with section 751(a) of the signed on April 12, 2018. on the annual forecasted run size. These
Act (19 U.S.C. 1675(a)) and 19 CFR ADDRESSES: Requests for copies of the stepped harvest rates range from a 4
351.221(c)(1)(i). decision documents or any of the other percent total allowable harvest rate at
Dated: July 6, 2018. associated documents should be low run sizes (<4,001 adults) to 25
Wendy J. Frankel, directed to NOAA’s National Marine percent for runs greater than 8,001
Director, Customs and Border Protection Fisheries Service, West Coast Region, adults.
Liaison Unit, Antidumping and Sustainable Fisheries Division, 510 NMFS has analyzed the Skagit RMP’s
Countervailing Duty Operations, Enforcement Desmond Drive, Suite 103, Lacey, WA proposed abundance-based, stepped
and Compliance. 98503. The documents are also available harvest regime, along with the
[FR Doc. 2018–14923 Filed 7–11–18; 8:45 am] online at www.westcoast.fisheries. conservation measures proposed in the
BILLING CODE 3510–DS–P noaa.gov. plan. We have concluded that the Skagit
FOR FURTHER INFORMATION CONTACT: RMP would provide effective protection
James Dixon at (360) 534–9329 or by to the Skagit River steelhead
DEPARTMENT OF COMMERCE email at james.dixon@noaa.gov. populations based on parameters
SUPPLEMENTARY INFORMATION: defining a viable salmonid population;
National Oceanic and Atmospheric in terms of overall abundance and
Administration ESA-Listed Species Covered in This productivity, as well as the diversity
Notice and spatial structure of the individual
RIN 0648–XG310
Steelhead (Oncorhynchus mykiss): populations within the Skagit River
Endangered and Threatened Species; threatened, naturally produced and basin. The Skagit RMP will provide for
Take of Anadromous Fish artificially propagated Puget Sound. the proposed harvest opportunities
amozie on DSK3GDR082PROD with NOTICES1
Chinook salmon (O. tshawytscha): while not appreciably slowing the
AGENCY: National Marine Fisheries threatened, naturally produced and population’s achievement of viable
Service (NMFS), National Oceanic and artificially propagated Puget Sound. function.
Atmospheric Administration (NOAA), NMFS’ determination on the Skagit
Commerce. Background RMP depends upon implementation of
ACTION: Notice of final determination The Sauk-Suiattle Indian Tribe, all of the monitoring, evaluation,
and discussion of underlying biological Swinomish Indian Tribal Community, reporting tasks or assignments, and
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![32284 Federal Register / Vol. 83, No. 134 / Thursday, July 12, 2018 / Notices
enforcement activities included in the steelhead 4(d) rule (65 FR 42422, July Commerce collections currently under
RMP. Reporting and inclusion of new 10, 2000). review by OMB.
information derived from research, Written comments and
Angela Somma,
monitoring, and evaluation activities recommendations for the proposed
Chief, Endangered Species Division, Office information collection should be sent
described in the plan provide assurance
of Protected Resources, National Marine
that performance standards will be within 30 days of publication of this
Fisheries Service.
achieved in future seasons. notice to OIRA_Submission@
[FR Doc. 2018–14950 Filed 7–11–18; 8:45 am]
omb.eop.gov or fax to (202) 395–5806.
Summary of Comments Received in the BILLING CODE 3510–22–P
Response to the Proposed Evaluation Dated: July 8, 2018.
and Pending Determination Sarah Brabson,
DEPARTMENT OF COMMERCE NOAA PRA Clearance Officer.
NMFS published notice of its [FR Doc. 2018–14889 Filed 7–11–18; 8:45 am]
Proposed Evaluation and Pending National Oceanic and Atmospheric BILLING CODE 3510–NK–P
Determination (PEPD) on the plan for Administration
public review and comment on
December 7, 2017 (82 FR 57729). The Submission for OMB Review;
DEPARTMENT OF COMMERCE
PEPD was available for public review Comment Request
and comment for 30 days. The Department of Commerce will National Oceanic and Atmospheric
submit to the Office of Management and Administration
During the public comment period,
121 comments were received, all by Budget (OMB) for clearance the
Submission for OMB Review;
email. These came in the form of: following proposal for collection of
Comment Request
Individual, unique comments; information under the provisions of the
individuals who submitted form-letter Paperwork Reduction Act (44 U.S.C. The Department of Commerce will
communications, some with added Chapter 35). submit to the Office of Management and
comments; and letters from fish Agency: National Oceanic and Budget (OMB) for clearance the
conservation organizations. NMFS Atmospheric Administration (NOAA). following proposal for collection of
thoroughly reviewed and considered all Title: National Oceanic and information under the provisions of the
of the substantive comments received Atmospheric Administration’s Paperwork Reduction Act (44 U.S.C.
from the public and the additional Papahanaumokuakea Marine National chapter 35).
literature and studies submitted. This Monument and University of Hawaii Agency: National Oceanic and
review of new information and data Research Internship Program. Atmospheric Administration (NOAA).
informed NMFS’ subsequent analysis, in OMB Control Number: 0648–0719. Title: NOAA Marine Debris Program
its biological opinion, but did not lead Form Number(s): None. Performance Progress Report and Data
to any changes to the Skagit RMP, as Type of Request: Regular (extension of Collection Form.
submitted, or to NMFS’ determination a currently approved information OMB Control Number: 0648–0718.
that the plan adequately addresses the collection). Form Number(s): None.
Number of Respondents: 80. Type of Request: Regular (revision
4(d), Limit 6 criteria. A section
Average Hours per Response: 1 hour and extension of a currently approved
summarizing and responding to the
or less, for each application, reference information collection).
substantive comments received during
letter and support letter. Number of Respondents: 70.
the public comment period on the PEPD
Burden Hours: 80. Average Hours per Response: 2.
is included as part of the final Needs and Uses: This request is for Burden Hours: 1,400.
evaluation document, available on the extension of a currently approved Needs and Uses: This request is for
West Coast Region website. Based on its information collection. revision and extension of an existing
evaluation and recommended The National Oceanic and information collection.
determination and taking into account Atmospheric Administration’s The NOAA Marine Debris Program
the public comments, NMFS issued its (NOAA’s) Papahānaumokuākea Marine (MDP) supports national and
final determination on the joint state- National Monument (PMNM) would international efforts to research,
tribal plan. like to collect student data and prevent, and reduce the impacts of
Authority information for the purposes of selecting marine debris. The MDP is a centralized
candidates for its research internship office within NOAA that coordinates
Under section 4 of the ESA, the program in partnership with the and supports activities, both within the
Secretary of Commerce is required to University of Hawaii. The application bureau and with other federal agencies,
adopt such regulations as he deems package would contain: (1) A form which address marine debris and its
necessary and advisable for the requesting information on academic impacts. In addition to inter-agency
conservation of species listed as background and professional coordination, the MDP uses
threatened. The ESA salmon and experiences, (2) reference forms in partnerships with state and local
steelhead 4(d) rule (50 CFR 223.203(b)) support of the internship application by agencies, tribes, non-governmental
specifies categories of activities that two educational or professional organizations, academia, and industry to
contribute to the conservation of listed references, and (3) a support letter from investigate and solve the problems that
salmonids and sets out the criteria for one academic professor or advisor. stem from marine debris through
amozie on DSK3GDR082PROD with NOTICES1
such activities. The rule further Affected Public: Individuals or research, prevention, and reduction
provides that the prohibitions of households. activities, in order to protect and
paragraph (a) of the rule do not apply to Frequency: One time. conserve our nation’s marine
actions undertaken in compliance with Respondent’s Obligation: Voluntary. environment and ensure navigation
a plan developed jointly by a state and This information collection request safety.
a tribe and determined by NMFS to be may be viewed at reginfo.gov. Follow The Marine Debris Research,
in accordance with the salmon and the instructions to view Department of Prevention, and Reduction Act (33
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Document Created: 2018-11-06 10:22:23
Document Modified: 2018-11-06 10:22:23
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of final determination and discussion of underlying biological and environmental analyses; notice of availability of Finding of No Significant Impact. | |
| Dates | The final determination of take prohibition limitation under the ESA was made on April 12, 2018. The Finding of No Significant Impact was signed on April 12, 2018. | |
| Contact | James Dixon at (360) 534-9329 or by email at [email protected] | |
| FR Citation | 83 FR 32283 | |
| RIN Number | 0648-XG31 |
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