[Federal Register Volume 60, Number 73 (Monday, April 17, 1995)]
[Rules and Regulations]
[Page 19342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9440]
[[Page 19341]]
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Part III
Department of Commerce
_______________________________________________________________________
National Oceanic and Atmospheric Administration
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50 CFR Part 227
Endangered and Threatened Species; Status of Snake River Spring/Summer
Chinook Salmon and Snake River Fall Chinook Salmon; Final Rule
Federal Register / Vol. 60, No. 73 / Monday, April 17, 1995 / Rules
and Regulations
[[Page 19342]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 227
[Docket No. 950412102-5102-01; I.D. 072594B]
Endangered and Threatened Species; Status of Snake River Spring/
Summer Chinook Salmon and Snake River Fall Chinook Salmon
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This Final Rule corrects an error in an emergency rule
expiring on April 17, 1995. The emergency rule was published with an
error in the amendatory language resulting in the accidental removal of
all protective regulations for the species upon expiration of the
emergency rule. This final rule will reinstate protection for Snake
River spring/summer chinook and Snake River fall chinook salmon
(Oncorhynchus tshawtyscha) by returning the inadvertently omitted rule
language providing for their conservation as threatened species.
EFFECTIVE DATE: 12:01 a.m. (local time) on April 17, 1995.
FOR FURTHER INFORMATION CONTACT:
Garth Griffin, Environmental and Technical Services Division, NMFS
(503)-230-5430 or Gregory Miller, NMFS, (301)-713-1401.
SUPPLEMENTARY INFORMATION: NMFS published an emergency rule (59 FR
42529, August 18, 1994) pursuant to section 4(b)(7) of the ESA, 16
U.S.C. 1531 et seq., that reclassified Snake River spring/summer
chinook Snake River fall chinook as endangered. The emergency rule is
effective for 240 days from the date of publication in the Federal
Register. However, the emergency rule was published with an improper
instruction. In reclassifying the species as ``endangered'' for 240
days, NMFS intended to temporarily ``suspend'' the regulation
identifying the species as threatened during the period. However, NMFS
inadvertently included amendatory language instructing that this
regulation be ``removed,'' which provided permanent removal of the
regulation from the CFR, rather than temporary suspension during the
effective period of the emergency rule as intended. NMFS is
implementing this final rule to remain consistent with its original
intent and to ensure that, upon expiration of the 240-day effectiveness
period of the emergency rule, the regulation identifying these salmon
stocks as threatened will remain in place.
Classification
Pursuant to sections 553(b) and 553(d) of the Administrative
Procedure Act, 5 U.S.C. 551 et seq., the Assistant Administrator finds
that there is good cause to waive the requirements for both prior
notice of an opportunity for public comment, and the delayed effective
date, respectively, because this rule is a technical amendment
correcting a clerical error made in a prior rule. This rule is exempt
from review under E.O. 12866.
List of Subjects in 50 CFR Part 227
Endangered and threatened species, Exports, Imports, Marine
Mammals, Transportation.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 227 is amended
as follows:
PART 227--THREATENED FISH AND WILDLIFE
1. The authority citation for part 227 continues to read as
follows:
Authority: 16 U.S.C. 1531 et seq.
2. In Sec. 227.4, paragraphs (f) and (g) are added to read as
follows:
Sec. 227.4 Enumeration of threatened species.
* * * * *
(f) Snake River spring/summer chinook salmon (Oncorhynchus
tshawytscha). Includes all natural population(s) of spring/summer
chinook salmon in the mainstream Snake River and any of the following
subbasins: Tucannon River, Grande Ronde River, Imnaha River, and Salmon
River.
(g) Snake River fall chinook salmon (Oncorhynchus tshawytscha).
Includes all natural population(s) of fall chinook in the mainstem
Snake River and any of the following subbasins: Tucannon River, Grande
Ronde River, Imnaha River, Salmon River, and Clearwater River.
3. Subpart C, Threatened Marine and Anadromous Fish, consisting of
Sec. 227.21 is added to read as follows:
Subpart C--Threatened Marine and Anadromous Fish
Sec. 227.21 Threatened salmon.
(a) Prohibitions. The prohibitions of section 9 of the Act (16
U.S.C. 1539) relating to endangered species apply to threatened species
of salmon listed in Sec. 227.4(f) and (g), except as provided in
paragraph (b) of this section.
(b) Exceptions. The exceptions of section 10 of the Act (16 U.S.C.
1538) and other exceptions under the Act relating to endangered
species, including regulations implementing such exceptions, also apply
to the threatened species of salmon listed in Sec. 227.4(f) and (g).
This section supersedes other restrictions on the applicability of
parts 217 through 222 of this chapter, including, but not limited to,
the restrictions specified in Secs. 217.2, 222.2(a) and 222.22(a) of
this chapter with respect to the species identified in paragraph (a) of
this section.
[FR Doc. 95-9440 Filed 4-13-95; 12:41 pm]
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