[Federal Register Volume 60, Number 180 (Monday, September 18, 1995)]
[Proposed Rules]
[Page 48086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23034]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 227
[Docket No. 941084-4284; I.D. 083095C]
Endangered and Threatened Species; Proposed Threatened Status for
Southern Oregon and Northern California Steelhead
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Supplementary proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS is issuing this supplementary proposed rule to rectify
the inadvertent omission of proposed protective regulations from the
proposed rule to protect natural steelhead (Oncoryhnchus mykiss)
populations occurring between Cape Blanco, OR, and the Klamath River
Basin in Oregon and California inclusive; hereinafter referred to as
the Klamath Mountains Province (KMP). The species was proposed for
listing as threatened under the Endangered Species Act (ESA) of 1973 on
March 16, 1995. Public comments on the supplementary proposed rule are
being accepted.
DATES: Comments must be received by October 16, 1995.
ADDRESSES: Comments on the language in this supplementary proposed rule
only should be sent to Environmental and Technical Services Division,
NMFS, Northwest Region, 525 NE Oregon Street, Suite 500, Portland, OR
97232.
FOR FURTHER INFORMATION CONTACT: Garth Griffin,503-231-2005; R. Craig
Wingert, 310-980-4021; or Marta Nammack, 301-713-1401.
SUPPLEMENTARY INFORMATION: The KMP steelhead ``species (distinct
population segment)'' was proposed for listing under the ESA on March
16, 1995 (60 FR 14253). The Federal Register document of that proposal
should be consulted for all relevant background information.
Public Comments Solicited
To ensure that the final action resulting from the KMP steelhead
proposed rule will be as accurate and as effective as possible, NMFS is
soliciting comments and suggestions from the public, other concerned
governmental agencies, the scientific community, industry, and any
other interested parties (see ADDRESSES) regarding this supplementary
proposed rule. The final decision on the KMP steelhead proposal will
take into consideration the comments received during the initial
comment period, comments on this supplementary proposed rule and any
additional information received by NMFS, and may differ from the
proposed rule.
Classification
The 1982 amendments to the ESA, in section 4(b)(1)(A), restrict the
information that may be considered when assessing species for listing.
Based on this limitation of criteria for a listing decision and the
opinion in Pacific Legal Foundation v.
Andrus, 675 F. 2d 825 (6th Cir., 1981), NMFS has categorically
excluded all ESA listing actions from environmental assessment
requirements of National Environmental Policy Act (48 FR 4413, February
6, 1984).
This proposed 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.
Dated: September 11, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 227 is
proposed to be 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. Section 227.21 is revised to read as follows:
Sec. 227.21 Threatened Salmon.
(a) Prohibitions. The prohibitions of section 9 of the Act (16
U.S.C. 1538) relating to endangered species apply to threatened species
of salmon listed in Sec. 227.4(g), except as provided in paragraph (b)
of this section.
(b) Exceptions. The exceptions of section 10 of the Act (16 U.S.C.
1539) 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(g). This
section supersedes other restrictions on the applicability of parts 217
and 222 of this chapter, including, but not limited to, the
restrictions specified in Sec. 217.2 and 222.22(a) of this chapter with
respect to the species identified in Sec. 227.21(a).
[FR Doc. 95-23034 Filed 9-15-95; 8:45 am]
BILLING CODE 3510-22-F
