[Federal Register Volume 63, Number 116 (Wednesday, June 17, 1998)]
[Rules and Regulations]
[Pages 32996-32998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16110]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AE97
Endangered and Threatened Wildlife and Plants; Listing of Several
Evolutionarily Significant Units of West Coast Steelhead
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The Fish and Wildlife Service (Service) is adding several
Evolutionarily Significant Units (ESUs) of west coast steelhead
(Oncorhynchus mykiss) to the List of Endangered and Threatened Wildlife
(List) in accordance with the Endangered Species Act of 1973, as
amended (Act). The Southern California and Upper Columbia River Basin
ESUs are added as endangered, and the Central California Coast, South-
Central California Coast, Snake River Basin, Lower Columbia River, and
Central Valley California ESUs are added as threatened. This amendment
is based on determinations by the National Marine Fisheries Service
(NMFS), National Oceanic and Atmospheric Administration, Department of
Commerce, which has jurisdiction for this species.
DATES: The effective date for listing of the Southern California and
Upper Columbia River Basin ESUs as endangered and the Central
California Coast, South-Central California Coast, and Snake River Basin
ESUs as threatened is October 17, 1997. The effective date for listing
of the Lower Columbia River and Central Valley California ESUs as
threatened is May 18, 1998.
ADDRESSES: Division of Endangered Species, U.S. Fish and Wildlife
Service, 4401 N. Fairfax Drive, Mail Stop 452, Arlington, Virginia
22203.
FOR FURTHER INFORMATION CONTACT: E. LaVerne Smith, Chief, Division of
Endangered Species, at the above address or telephone 703/358-2171.
SUPPLEMENTARY INFORMATION:
Background
In accordance with the Act and Reorganization Plan No. 4 of 1970,
NMFS has jurisdiction over west coast steelhead. 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 Service is
responsible for the actual amendment of the List in 50 CFR 17.11(h).
On August 9, 1996, NMFS published a proposed rule to list as
endangered or threatened 10 ESUs of west coast steelhead in Washington,
Oregon, Idaho, and California (61 FR 41541). On August 18, 1997, NMFS
published a final rule listing five of these ESUs: the Southern
California and Upper Columbia River Basin ESUs were listed as
endangered, and the Central California Coast, South-Central California
Coast, and Snake River Basin ESUs were listed as threatened (62 FR
43937).
Also on August 18, 1997, NMFS published a notice announcing that
substantial scientific disagreement remained for the remaining five
ESUs proposed for listing on August 9, 1996. The notice extended the
deadline for a final listing determination for these five ESUs for 6
months to solicit, collect, and analyze additional information from
NMFS scientists, co-management scientists, and scientific experts to
enable NMFS to make a final listing determination based on the best
available data. On March 19, 1998, NMFS published a final rule listing
two of these five ESUs, the Lower Columbia River and the Central Valley
California ESUs, as threatened (63 FR 13347).
The proposed rules identified above solicited comments from peer
reviewers, the public, and all other interested parties. The final
rules addressed the comments received in response to the proposed
rules. Because NMFS provided public comment periods on the proposed
rules, and because this action of the Service to amend the List in
accordance with the determinations by NMFS is nondiscretionary, the
Service has omitted the notice and public comment procedures of 5
U.S.C. 553(b) for this action.
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 Act. 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, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
Accordingly, the Service amends part 17, subchapter B of chapter I,
title 50 of
[[Page 32997]]
the Code of Federal Regulations, as follows:
PART 17--[AMENDED]
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.
2. Amend section 17.11(h) by adding the following, in alphabetical
order under FISHES, to the List of Endangered and Threatened Wildlife:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
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Species Vertebrate
-------------------------------------------------------- population where Critical Special
Historic range endangered or Status When listed habitat rules
Common name Scientific name threatened
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* * * * * * *
FISHES
* * * * * * *
Steelhead.................... Oncorhynchus mykiss. North Pacific Ocean All naturally E 638 NA NA
from the Kamchatka spawned
Peninsula in Asia populations (and
to the northern their progeny) in
Baja Peninsula. rivers from the
Santa Maria R.,
San Luis Obispo
County, CA
(inclusive) to
Malibu Cr., Los
Angeles County, CA
(inclusive).
Do........................... ......do............ ......do........... All naturally E 638 NA NA
spawned
populations (and
their progeny) in
the Upper Columbia
R. Basin upstream
from the Yakima
R., WA, to the
U.S./Canada
border, and also
including the
Wells Hatchery
stock.
Do........................... ......do............ ......do........... All naturally T 638 NA NA
spawned
populations (and
their progeny) in
streams from the
Russian R. to
Aptos Cr., Santa
Cruz County, CA
(inclusive), and
the drainages of
San Francisco and
San Pablo Bays
eastward to the
Napa R.
(inclusive), Napa
County, CA,
excluding the
Sacramento-San
Joaquin R. Basin
of the Central
Valley of CA.
Do........................... ......do............ ......do........... All naturally T 638 NA NA
spawned
populations (and
their progeny) in
streams from the
Pajaro R.
(inclusive),
located in Santa
Cruz County, CA,
to (but not
including) the
Santa Maria R.
[[Page 32998]]
Do........................... ......do............ ......do........... All naturally T 638 NA NA
spawned
populations (and
their progeny) in
streams in the
Snake R. Basin of
southeast WA,
northeast OR, and
ID.
Do........................... ......do............ ......do........... All naturally T 638 NA NA
spawned
populations (and
their progeny) in
streams and
tributaries to the
Columbia R.
between the
Cowlitz and Wind
Rivers, WA,
inclusive, and the
Willamette and
Hood Rivers, OR,
inclusive,
excluding the
Upper Willamette
River Basin above
Willamette Falls
and excluding the
Little and Big
White Salmon
Rivers in WA.
Do........................... ......do............ ......do........... All naturally T 638 NA NA
spawned
populations (and
their progeny) in
the Sacramento and
San Joaquin Rivers
and their
tributaries,
excluding San
Francisco and San
Pablo Bays and
their tributaries.
* * * * * * *
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Dated: May 11, 1998.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 98-16110 Filed 6-16-98; 8:45 am]
BILLING CODE 4310-55-P
