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Endangered and Threatened Species; Take of Anadromous Fish

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: February 12, 2007 (Volume 72, Number 28)]
[Notices]
[Page 6532-6533]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12fe07-41]

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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 013107E]

Endangered and Threatened Species; Take of Anadromous Fish

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic
andAtmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability and request for comments.

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SUMMARY: Notice is hereby given that the State of Washington through
the Governor's Salmon Recovery Office (GSRO) has submitted a Habitat
Restoration Program (HRP) pursuant to protective regulations
promulgated under the Endangered Species Act (ESA). The HRP would
affect ten Evolutionarily Significant Units (ESUs) of threatened
salmonids in Washington State. This document serves to notify the
public of the availability of the HRP for review and comment before a
final approval or disapproval is made by NMFS.

DATES: Written comments on the draft HRP must be received at the
appropriate address or fax number (see ADDRESSES) no later than 5 p.m.
Pacific Standard Time March 14, 2007.

ADDRESSES: Written comments should be sent to Matthew Longenbaugh,
Habitat Conservation Division, National Marine Fisheries Service, 510
Desmond Drive, Suite 103, Lacey, Washington 98503. Comments may also be
faxed to 360-753-9517. Copies of the entire HRP are available on the
http://www.governor.wa.gov/gsro/ or from the address posted on that
site. Comments will be accepted via email at 
HRP-WA-GSRO-comment@noaa.gov or the Internet.

FOR FURTHER INFORMATION CONTACT: Matthew Longenbaugh at phone number
360-753-7761, or e-mail: Matthew.Longenbaugh@noaa.gov .

SUPPLEMENTARY INFORMATION: This notice is relevant to the following ten
threatened salmonid ESUs: Puget Sound, Lower Columbia River, and Snake
River spring/summer Chinook salmon (Oncorhynchus tshawytscha); Hood
Canal summer-run and Columbia River chum salmon (O. keta); Lower
Columbia River coho salmon (O. kisutch); Snake River Basin, Lower
Columbia River, Middle Columbia River, and Upper Columbia River
steelhead (O. mykiss).

Background

    The GSRO submitted the HRP for habitat restoration activities that
might affect certain salmonid ESUs listed as threatened in Washington
State. The HRP was designed so that habitat restoration activities
would be protective of salmonids and their habitat.
    The HRP defines what activities are habitat restorations. These
consist of restoration activities that are funded by the WA Salmon
Recovery Funding Board (SRFB), specifically address a major limiting
factor identified in a watershed-based salmon recovery plan, are
consistent with approved Washington State technical guidance, are
identified in a salmon recovery implementation plan, have proceeded
through a process that ensures technical suitability and public
participation, and would not result in significant negative effects.
    Finally, the HRP is being analyzed by NMFS for possible biological
effects of implementing habitat restoration activities. The biological
opinion will analyze the effects of the HRP on listed salmonids and
their habitat statewide. Before NMFS can decide whether to approve the
HRP, the biological opinion must conclude that the identified habitat
restoration activities conducted throughout Washington State under the
HRP will not jeopardize listed salmonids or result in destruction or
adverse modification of designated critical habitat. In addition,
approval or disapproval of the HRP will depend on NMFS' findings after
public review and comment.
    As specified in the July 10, 2000, ESA 4(d) rule for salmon and
steelhead (65 FR 42422), NMFS may approve a habitat restoration program
of the state, provided that NMFS finds the activities to be consistent
with the conservation of listed salmonids' habitat (50 CFR
223.203(b)(8). Prior to final approval of a habitat restoration
program, NMFS must publish notification in the Federal Register
announcing the program's availability for public review and comment,
hence this notice.

Authority

    Under section 4 of the ESA, the Secretary of Commerce is required
to adopt such regulations as he deems necessary and advisable for the

[[Page 6533]]

conservation of species listed as threatened. The ESA salmon and
steelhead 4(d) rule (65 FR 42422, July 10, 2000) specifies categories
of activities that contribute to the conservation of listed salmonids
and sets out the criteria for such activities.
    The rule further provides that the prohibitions of paragraph (a) of
the rule do not apply to activities associated with SRFB-funded habitat
restoration provided that the state program has been approved by NMFS
to be in accordance with the salmon and steelhead 4(d) rule (65 FR
42422, July 10, 2000).

    Dated: February 6, 2007.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E7-2340 Filed 2-9-07; 8:45 am]
BILLING CODE 3510-22-S

 
 

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