[Federal Register: November 15, 2004 (Volume 69, Number 219)]
[Notices]
[Page 65582-65583]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15no04-61]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 052104F]
Endangered and Threatened Species: Take of Threatened West Coast
Salmonids
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of Availability of Draft Environmental Assessment (EA)
and Request for Comments.
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SUMMARY: Notice is hereby given of the availability of a draft EA for
NMFS' June 2004 proposed amendments to the Endangered Species Act (ESA)
protective regulations for West Coast threatened salmon and steelhead
(Oncorhynchus spp.) The ESA protective regulations provide for
``limits'' on ESA prohibitions for specified categories of activities
determined to contribute to conserving listed salmonids. The draft EA
analyzes the impacts of: (1) revising and simplifying existing
protective regulations so that all threatened West Coast salmon and
steelhead are subject to the same limits, and (2) revising the current
protective regulations so that the section 9 take prohibitions do not
apply to adipose-fin-clipped hatchery fish and resident O. mykiss
(rainbow trout). NMFS is furnishing this notification to allow other
agencies and the public an opportunity to review and comment on the
draft EA. All comments received will become part of the public record
and will be available for review.
DATES: All comments on the draft EA must be received no later than 5
p.m. Pacific Standard Time on December 15, 2004.
ADDRESSES: Copies of the draft EA are available on the Internet at
http://www.nwr.noaa.gov/1salmon/salmesa/draft4dEA.html, or upon request
(see FOR FURTHER INFORMATION CONTACT).
You may submit comments on the draft EA by any of the following
methods:
E-mail: The mailbox address for submitting e-mail comments on the
draft EA is salmon.draft4dEA@nwr.noaa.gov. Please include in the
subject line of the e-mail comment the document identifier ``Draft 4(d)
EA''
Mail: Submit written comments and information to Chief, NMFS,
Protected Resources Division, 525 NE Oregon Street, Suite 500,
Portland, Oregon, 97232-2737. Please identify the comment as regarding
the ``Draft 4(d) EA.'' You may hand-deliver written comments to our
office at the street address below. Business hours are 8 a.m. to 5
p.m., Monday through Friday, except Federal holidays.
Hand Delivery/Courier: NMFS, Protected Resources Division, 525 NE
Oregon Street, Suite 210, Portland, Oregon, 97232-2737. Business hours
are noted above.
Fax: 503-230-5435. Please identify the fax comment as regarding the
``Draft 4(d) EA.''
FOR FURTHER INFORMATION CONTACT: NMFS, Northwest Region, Protected
Resources Division by phone at (503) 872-2791. Copies of the Federal
Register notices cited herein and additional salmon-related materials
are available on the Internet at http://www.nwr.noaa.gov.
SUPPLEMENTARY INFORMATION:
Species Covered in This Notice
The following species and Evolutionarily Significant Units (ESUs)
are covered in this notice:
Chinook salmon (O. tshawytscha): the Sacramento River winter-run,
Central Valley spring-run, California Coastal, Upper Willamette River,
Lower Columbia River, Puget Sound, Snake River fall-run, and Snake
River spring/summer-run chinook ESUs;
Coho salmon (O. kisutch): Southern Oregon/Northern California
Coast, Oregon coast, and Lower Columbia River coho ESUs;
Sockeye salmon (O. nerka): the Ozette Lake sockeye ESU;
Chum salmon (O. keta): the Columbia River and Hood Canal summer-run
chum ESUs;
Steelhead and rainbow trout (O. mykiss): South-Central California
Coast, Central California Coast, California Central Valley, Northern
California, Upper Willamette River, Lower Columbia River, Middle
Columbia River, Snake River Basin, and Upper Columbia River O. mykiss
ESUs.
Background
On June 14, 2004, NMFS published proposed ESA listing
determinations for 27 ESUs of salmon and O. mykiss (69 FR 33101). NMFS
proposed threatened status for 23 ESUs in California, Oregon,
Washington, and Idaho, and as part of that rulemaking also proposed
amendments to the existing 4(d) protective regulations for threatened
salmon and steelhead ESUs. The National Environmental Policy Act (NEPA)
requires that Federal agencies conduct an environmental analysis of
their actions to determine if the actions may affect the human
environment. Accordingly, NMFS has prepared a draft EA that analyzes
the impacts of the proposed amendments to the 4(d) protective
regulations for West Coast salmonids, and is making it available for
public review and comment.
This draft EA analyzes two alternatives: (1) No Action (no revision
to the current 4(d) protective regulations); and (2) the Proposed
Action Alternative (revision and simplification of existing 4(d)
protective regulations). The Proposed Action Alternative includes the
following amendments:
Apply the 4(d) protections and 14 limits promulgated in 2000 (as
modified in the proposed amendments) to three ESUs being newly proposed
for threatened status; Apply the same 4(d) protections and 14 limits
promulgated in 2000 (as modified in proposed amendments) to all
threatened ESUs; Amend an expired 4(d) limit which provided a temporary
exemption for ongoing research with pending permit applications during
the 2000 4(d) rulemaking, to temporarily exempt ongoing research during
the current rulemaking process; Move the
[[Page 65583]]
description of the limit for Tribal Resource Management Plans (Sec.
223.209) so that the text would appear next to the 4(d) rule in the
Code of Federal Regulations, improving the clarity of the 4(d)
regulations; and Amend the current 4(d) rule so that the section 9(a)
take prohibitions apply to anadromous fish with an intact adipose fin
only (that is, the take prohibitions and 4(d) protective regulations
would not apply to unclipped hatchery fish or resident O. mykiss
included in the subject ESUs).
Because the proposed action creates an optional ESA process, the
effects that it may generate are limited to those associated with
amending the 4(d) protective regulations. The proposed action does not
address the potential effects of individual activities or programs that
may seek coverage under one of the 4(d) ``limits.'' It is impossible to
anticipate the specific impacts of such programs that may be submitted
to and approved by NMFS. NMFS will conduct further NEPA analyses as
necessary when a specific program is submitted to NMFS for coverage
under one of the 4(d) limits for West Coast salmonids.
This notice is provided pursuant to the NEPA regulations (40 CFR
1506.6). The final NEPA determinations will not be completed until
after the end of the 30-day comment period and after NMFS has fully
considered all comments received during the public comment period.
Authority: 16 U.S.C. 1531 et seq.
Dated: November 9, 2004.
Laurie K. Allen,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 04-25313 Filed 11-12-04; 8:45 am]
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