[Federal Register: January 25, 2002 (Volume 67, Number 17)]
[Notices]
[Page 3688-3689]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ja02-42]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 011702C]
Endangered and Threatened Species; Take of Anadromous Fish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability and request for comments.
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SUMMARY: Notice is hereby given that the State of Washington through
Washington State Department of Transportation (WSDOT), King, Pierce,
Snohomish, Clallam, Kitsap, Mason, and Thurston Counties, and the
Cities of Bellevue, Bremerton, Burien, Covington, Edgewood, Everett,
Kenmore, Kent, Lake Forest Park, Lakewood, Maple Valley, Newcastle,
Renton, Sammamish, Shoreline, Tacoma, and University Place have jointly
submitted a Routine Road Maintenance Program (RMP) pursuant to
protective regulations promulgated under the ESA. The RMP would affect
12 Evolutionarily Significant Units (ESUs) of threatened salmonids
identified in the
[[Page 3689]]
SUPPLEMENTARY INFORMATION. This document serves to notify the public of
the availability of the RMP for review and comment before a final
approval or disapproval is made by NMFS.
DATES: Written comments on the draft RMP must be received at the
appropriate address or fax number (see ADDRESSES) no later than 5 p.m.
Pacific Standard Time on February 25, 2002.
ADDRESSES: Written comments should be sent to Laura Hamilton, Habitat
Conservation Division, National Marine Fisheries Service, 510 Desmond
Drive, Suite 103, Lacey, Washington 98503. Comments may also be faxed
to 360-753-9517. Copies of the entire RMP are available on the Internet
at http://www.metrokc.gov/roadcon/bmp/pdfguide.htm, or from the address
posted on that site. Comments will not be accepted if submitted via
email or the Internet.
FOR FURTHER INFORMATION CONTACT: Laura Hamilton at phone number 360-
753-5820, or e-mail: Laura.Hamilton@noaa.gov.
SUPPLEMENTARY INFORMATION: This notice is relevant to the following 12
threatened salmonid ESUs: Puget Sound, Lower Columbia River, Upper
Willamette River, Snake River spring/summer, Snake River fall chinook
salmon (Oncorhynchus tshawytscha); Hood Canal summer-run and Columbia
River chum salmon (O. Keta); Ozette Lake sockeye salmon (O. Nerka),
and; Snake River Basin, Lower Columbia River, Upper Willamette River,
and Middle Columbia River steelhead (O. mykiss).
Background
WSDOT and the counties and cities named above, submitted the RMP
for routine road maintenance activities that might affect certain
salmonid ESUs listed as threatened in Washington State. The RMP was
designed so that routine road maintenance activities would be
protective of salmonids and their habitat.
In Part 1, the RMP describes the program framework including the 10
program elements that comprise the program (Regional Forum, Program
Review, Best Management Practices (BMPs) and Conservation Outcomes
(element 3), Training, Compliance Monitoring, Research, Adaptive
Management, Emergency Response, Biological Data Collection, and
Reporting). In Part 2, the RMP elaborates on element 3, the BMPs, in
much greater detail and provides detailed instructions to crews,
supervisors, environmental support staff, design personnel and
managers. Part 3 describes a process by which additional counties,
cities, and ports in Washington State may develop routine road
maintenance programs by adopting RMP parts 1 and 2, and then submit
their RMP to NMFS for review, public comment, and approval or
disapproval.
The RMP defines what activities are routine road maintenance. These
consist of maintenance activities that are conducted on currently
serviceable structures, facilities, and equipment, involve no expansion
of or change in use, and do not result in significant negative
hydrological impact.
Finally, the RMP includes a biological review of the RMP prepared
by WSDOT and the other entities named above. The biological review
analyzes the effects of the RMP on listed salmonids and their habitat
statewide. The biological review concludes that the identified routine
road maintenance activities conducted throughout Washington State under
the RMP will not impair properly functioning habitat, nor appreciably
reduce the functioning of already impaired habitat, nor retard the
long-term progress of impaired habitat toward PFC. Approval or
disapproval of the RMP will depend on NMFS' findings after public
review and comment.
As specified in the July 10, 2000, ESA 4(d) rule for salmon and
steelhead (65 FR 42422), NMFS may approve a routine road maintenance
program of any state, city, county, or port, provided that NMFS finds
the activities to be consistent with the conservation of listed
salmonids' habitat by contributing to the attainment and maintenance of
properly functioning condition. Prior to final approval of a routine
road maintenance program, NMFS must publish notification in the Federal
Register announcing the program's availability for public review and
comment.
Authority
Under section 4 of the ESA, the Secretary of Commerce is required
to adopt such regulations as he deems necessary and advisable for the
conservation of species listed as threatened. The ESA salmon and
steelhead 4(d) rule (65 FR 42422, July 10, 2000) specifies categories
of activities that contribute to the conservation of listed salmonids
and sets out the criteria for such activities. The rule further
provides that the prohibitions of paragraph (a) of the rule do not
apply to activities associated with routine road maintenance provided
that a state or local program has been approved by NMFS to be in
accordance with the salmon and steelhead 4(d) rule (65 FR 42422, July
10, 2000).
Dated: January 18, 2002.
Phil Williams,
Acting Chief, Endangered Species Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 02-1873 Filed 1-24-02; 8:45 am]
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