[Federal Register Volume 74, Number 162 (Monday, August 24, 2009)]
[Rules and Regulations]
[Pages 42605-42606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20315]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 223
[Docket No. 0907291194-91213-01]
RIN 0648-XQ71
Listing Endangered and Threatened Species: Change in Status for
the Upper Columbia River Steelhead Distinct Population Segment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correcting amendment.
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SUMMARY: We, NMFS, announce that the Upper Columbia River steelhead is
reclassified as a threatened species consistent with a recent court
ruling. We also correct the table of threatened fishes to indicate that
the same species is listed as threatened under the Endangered Species
Act of 1973 (ESA). This species was inadvertently dropped from the
table during an unrelated rulemaking.
DATES: Effective August 24, 2009.
FOR FURTHER INFORMATION CONTACT: For further information regarding
this notice contact Eric Murray, NMFS, Northwest Region, (503) 231-
2378; or Marta Nammack, NMFS, Office of Protected Resources, (301) 713-
1401.
SUPPLEMENTARY INFORMATION:
Background
In 1997, we completed a comprehensive status review of West Coast
steelhead (Oncorhynchus mykiss) that resulted in ESA listings for Upper
Columbia River (UCR) steelhead and nine other distinct population
segments (DPSs) of West Coast steelhead (62 FR 43937; Busby et al.,
1996). At that time, we determined that the UCR steelhead was an
endangered species. In January 2006, we reclassified the UCR steelhead
from endangered to threatened based on an updated review that noted
increasing steelhead abundance, more widespread spawning, and
artificial propagation programs aimed at improving local adaptation and
diversity within the range of this DPS (71 FR 834; January 5, 2006 ).
The decision to downlist UCR steelhead was also based on our
application of a recent Policy on the Consideration of Hatchery-Origin
Fish in Endangered species Act Listing Determinations for Pacific
Salmon and Steelhead (70 FR 37204: June 28, 2005). Subsequent to this
downlisting, we also published protective regulations (71 FR 5178;
February 1, 2006), designated critical habitat (70 FR 52630; September
2, 2005), and adopted a recovery plan (72 FR 57303; October 10, 2007)
for UCR steelhead. In April 2006, our decision to downlist UCR
steelhead from endangered to threatened was challenged in the U.S.
District Court for the Western District of Washington.
On June 13, 2007, the district court ruled that we had erred in
downlisting UCR steelhead, concluding that we had not given appropriate
consideration to self-sustaining natural populations (Trout Unlimited
v. Lohn, C06-0483-JCC, 2007). The result of this ruling was to return
UCR steelhead to endangered status. We appealed that decision to the
U.S. Court of Appeals for the Ninth Circuit, and on March 16, 2009,
that court ruled that our downlisting did not violate the ESA and that,
on remand, the district court should grant NMFS' motion for summary
judgment. Accordingly, on June 18, 2009, the district court revised its
ruling, effectively re-instating UCR steelhead to threatened status
under the ESA.
Current Status
Consistent with the Courts' rulings and our listing determination
of January 5, 2006 (71 FR 834), the UCR steelhead is listed as
threatened under the ESA. Critical habitat was designated for UCR
steelhead on September 2, 2005 (70 FR 52630). The protective
regulations issued for UCR steelhead on February 1, 2006 (71 FR 5178)
are now effective. A recovery plan was adopted for UCR steelhead on
October 9, 2007 (72 FR 57303).
Correcting Amendment
In the May 9, 2006, issue of the Federal Register, we published a
final rule to implement our determination to list elkhorn (Acropora
palmata) and staghorn (A. cervicornis) corals as threatened species
under the ESA (7l FR 26852). In the same action, we made a format
change to ensure that all threatened species listed under sect;(223.102
were in table format to match the threatened fishes table. By mistake,
we did not include the already listed UCR steelhead DPS in Sec.
223.102(c). This document corrects the table in Sec. 223.102(c) to
include the UCR steelhead DPS as a threatened species.
References
Copies of previous Federal Register Notices and reference materials
are available on the Internet at http://www.nwr.noaa.gov, or upon
request (see FOR FURTHER INFORMATION CONTACT section above).
List of Subjects in 50 CFR Part 223
Endangered and threatened species, Exports, Imports,
Transportation.
[[Page 42606]]
Dated: August 17, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
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Accordingly, 50 CFR part 223 is corrected by making the following
correcting amendment:
PART 223--THREATENED MARINE AND ANADROMOUS SPECIES
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1. The authority citation for part 223 continues to read as follows:
Authority: 16 U.S.C. 1531-1543.
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2. In Sec. 223.102, paragraph (c)(25) is added to the table to read as
follows:
Sec. 223.102 Enumeration of threatened marine and anadromous species.
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Species\1\ Citation(s) for
-------------------------------------------------------- Where Listed Citation(s) for Listing Critical Habitat
Common Name Scientific Name Determination(s) Designation(s)
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(c) * * * ................. ......................................... .............................. ....................
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(25) Upper Columbia River steelhead Oncorhynchus U.S.A., WA, Distinct Population Segment 71 FR 834; January 5, 2006 70 FR 52630;
mykiss including all naturally spawned September 2, 2005
anadromous O. mykiss (steelhead)
populations below natural and manmade
impassable barriers in streams in the
Columbia River Basin upstream from the
Yakima River, Washington, to the U.S.-
Canada border, as well as six artificial
propagation programs: the Wenatchee
River, Wells Hatchery (in the Methow and
Okanogan Rivers), Winthrop NFH, Omak
Creek, and the Ringold steelhead hatchery
programs.
* * * * * * *
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\1\Species includes taxonomic species, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 1996) and evolutionarily
significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991).
[FR Doc. E9-20315 Filed 8-21-09; 8:45 am]
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