[Federal Register: January 3, 2000 (Volume 65, Number 1)]
[Proposed Rules]               
[Page 108-111]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ja00-23]                         


[[Page 108]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 223

[Docket No. 991207318-9318-01; I.D. 092799G]
RIN 0648-AG15

 
Limitation on Section 9 Protections Applicable to Salmon Listed 
as Threatened under the Endangered Species Act (ESA), for Actions Under 
Tribal Resource Management Plans (Tribal Plans)

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

ACTION: Proposed rule; request for comments and notice of public 
hearings.

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SUMMARY: The National Marine Fisheries Service (NMFS) proposes to 
modify the ESA section 9 take prohibitions applied to threatened 
salmonids by creating a new limitation on those prohibitions. NMFS does 
not find it necessary and advisable to impose prohibitions on take when 
impacts on listed salmonids results from implementation of a tribal 
resource management plan (Tribal Plan), where the Secretary of Commerce 
(Secretary) has determined that implementing that Tribal Plan will not 
appreciably reduce the likelihood of survival and recovery for the 
listed species. Threatened salmonids that are currently subject to ESA 
section 9(a) take prohibitions which would be modified by the proposal 
include Snake River spring/summer chinook salmon; Snake River fall 
chinook salmon; Central California Coast (CCC) coho salmon; and 
Southern Oregon/Northern California Coast (SONCC) coho salmon. This 
proposed limitation on take prohibitions would also be available to all 
other threatened salmonid Evolutionarily Significant Units (ESUs) 
whenever final protective regulations make the take prohibitions of ESA 
section 9(a) applicable to that ESU. This rule intends to harmonize 
statutory conservation requirements with tribal rights and the Federal 
trust responsibility to tribes.

DATES: Comments on this rule must be received at the appropriate 
address (see ADDRESSES), no later than 5:00 p.m., eastern standard 
time, on March 3, 2000. Public hearings on this proposed action have 
been scheduled. See SUPPLEMENTARY INFORMATION for dates and times of 
public hearings.

ADDRESSES: Comments on this proposed rule or requests for information 
should be sent to Branch Chief, Protected Resources Division, NMFS, 
Northwest Region, 525 NE Oregon Street, Suite 500, Portland, OR 97232-
2737. Comments will not be accepted if submitted via e-mail or 
Internet. See SUPPLEMENTARY INFORMATION for locations of public 
hearings.

FOR FURTHER INFORMATION CONTACT: Chris Mobley at (301) 713-1401; Garth 
Griffin at (206) 526-5006; or Craig Wingert at (562) 980-4021.