[Federal Register Volume 59, Number 211 (Wednesday, November 2, 1994)]
[Rules and Regulations]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27124]
[[Page Unknown]]
[Federal Register: November 2, 1994]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018 AC97
Endangered and Threatened Wildlife and Plants; Emergency
Reclassification of the Snake River Spring/Summer Chinook Salmon and
the Snake River Fall Chinook Salmon From Threatened to Endangered
Status
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Emergency rule.
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SUMMARY: The Fish and Wildlife Service is reclassifying the Snake River
spring/summer chinook salmon (Oncorhynchus tshawytscha) and the Snake
River fall chinook salmon from threatened to endangered status under
the emergency provisions of the Endangered Species Act of 1973 (Act).
This reflects a determination by the National Marine Fisheries Service,
which has jurisdiction for these species, that the species warrant
emergency reclassification based on a projected decline in adult Snake
River chinook salmon abundance. This determination by NMFS was
published in the August 18, 1994, Federal Register.
EFFECTIVE DATE: This emergency rule is effective from August 18, 1994,
to May 26, 1995.
FOR FURTHER INFORMATION CONTACT: Ms. Jamie Rappaport Clark, Chief,
Division of Endangered Species, U.S. Fish and Wildlife Service, 4401 N.
Fairfax Drive, Mail Stop 452, Arlington, Virginia 22203 (703/358-2171).
SUPPLEMENTARY INFORMATION: Under the Endangered Species Act (16 U.S.C.
1531 et seq.), and in accordance with Reorganization Plan No. 4 of
1970, the National Marine Fisheries Services (NMFS), National Oceanic
and Atmospheric Administration, Department of Commerce, is responsible
for the Snake River spring/summer and fall chinook salmon. Under
section 4(a)(2) of the Act, NMFS must decide whether a species under
its jurisdiction should be classified as endangered or threatened. The
Fish and Wildlife Service (Service) is responsible for the actual
addition, deletion and amendment of the List of Endangered and
Threatened Wildlife in 50 CFR 17.11(h) (List).
NMFS published its determination of threatened status for the Snake
River spring/summer chinook salmon and the Snake River fall chinook
salmon on April 22, 1992 (57 FR 14653). Accordingly, the Service added
the species to the List on September 23, 1993 (58 FR 49880). On August
18, 1994, NMFS published an emergency interim rule in the Federal
Register (59 FR 42529) reclassifying the Snake River spring/summer
chinook salmon and the Snake River fall chinook salmon from threatened
to endangered status based on new data that indicates that critically
low salmon returns are expected for 1994. Accordingly, the Service is
amending the List, pursuant to the emergency provisions of section
4(b)(7) of the Act, to reflect the revised status.
During the 240 days this emergency rule is in effect, NMFS will
initiate and complete a rulemaking (with a public comment period) to
extend the reclassification of Snake River spring/summer and fall
chinook salmon to endangered status under the Act until such time as
reclassification or delisting is warranted. This action of the Service
to amend the List in accordance with the determination by NMFS is
nondiscretionary. Therefore, in view of the public comment period that
will be provided by NMFS on the proposed reclassification, the Service
finds that good cause exists to omit the notice and public comment
procedures of 5 U.S.C. 553(b) and to make this action effective on
August 18, 1994, the date of publication of NMFS' emergency interim
rule, waiving the 30-day effective date provision of 5 U.S.C. 553(d).
National Environmental Policy Act
The Service has determined that an Environmental Assessment, as
defined under the authority of the National Environmental Policy Act of
1969, need not be prepared in connection with regulations adopted
pursuant to section 4(a) of the Endangered Species Act of 1973, as
amended. A notice outlining the Service's reasons for this
determination was published in the Federal Register on October 25, 1983
(48 FR 49244).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Export, Import, Reporting and
recordkeeping requirements, and Transportation.
Regulation Promulgation
PART 17--[AMENDED]
Accordingly, part 17, subchapter B of chapter I, title 50 of the
Code of Federal Regulations, is amended as set forth below:
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.
Sec. 17.11 [Amended]
2. Section 17.11(h) is amended by suspending the two entries in the
table for the Snake R. Vertebrate populations of ``Salmon, chinook''
under FISHES, effective August 18, 1994, to May 26, 1995.
3. Section 17.11(h) is amended by adding the following entries to
the table immediately after the two suspended Snake R. Vertebrate
populations of ``Salmon, chinook'' under FISHES, to be effective from
August 18, 1994, to May 26, 1995, and to read as follows:
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Species Vertebrate population
----------------------------------------------------- Historic range where endangered or Status When listed Critical Special
Common name Scientific name threatened habitat rules
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* * * * * * *
FISHES
* * * * * * *
Salmon, chinook.......... Oncorhynchus tshawytscha. North Pacific Basin from Snake R. (U.S.A.--ID, E 516,557 NA NA
U.S.A. (CA) to Japan. OR, WA) (mainstem and
the following subbasins-
Tucannon R., Grande
Ronde R., Imnaha R.,
and Salmon R.) spring/
summer run, natural
population(s), wherever
found.
Salmon, chinook.......... Oncorhynchus tshawytscha. North Pacific Basin from Snake R. (U.S.A.--ID, E 516,557 NA NA
U.S.A. (CA) to Japan. OR, WA) (mainstem and
the following subbasins-
Tucannon R., Grande
Ronde R., Imnaha R.,
Salmon R., and
Clearwater R.) fall
run, natural
population(s), wherever
found.
* * * * * * *
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Dated: September 23, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-27124 Filed 11-1-94; 8:45 am]
BILLING CODE 4310-55-P
