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Laws & Policies | Regulations and Policies | Limitation on Section 9 Protections Applicable to Salmon Listed as Threatened under the Endangered Species Act (ESA), for Actions under Tribal Resource Management Plans (Tribal Plans)
[Federal Register: January 3, 2000 (Volume 65, Number 1)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 223
[Docket No. 991207318-9318-01; I.D. 092799G]
Limitation on Section 9 Protections Applicable to Salmon Listed as Threatened under the Endangered Species Act (ESA), for Actions Under Tribal Resource Management Plans (Tribal Plans)
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments and notice of public
SUMMARY: The National Marine Fisheries Service (NMFS) proposes to modify the ESA section 9 take prohibitions applied to threatened salmonids by creating a new limitation on those prohibitions. NMFS does not find it necessary and advisable to impose prohibitions on take when impacts on listed salmonids results from implementation of a tribal resource management plan (Tribal Plan), where the Secretary of Commerce (Secretary) has determined that implementing that Tribal Plan will not appreciably reduce the likelihood of survival and recovery for the listed species. Threatened salmonids that are currently subject to ESA section 9(a) take prohibitions which would be modified by the proposal include Snake River spring/summer chinook salmon; Snake River fall chinook salmon; Central California Coast (CCC) coho salmon; and Southern Oregon/Northern California Coast (SONCC) coho salmon. This proposed limitation on take prohibitions would also be available to all other threatened salmonid Evolutionarily Significant Units (ESUs) whenever final protective regulations make the take prohibitions of ESA section 9(a) applicable to that ESU. This rule intends to harmonize statutory conservation requirements with tribal rights and the Federal trust responsibility to tribes.
DATES: Comments on this rule must be received at the appropriate address (see ADDRESSES), no later than 5:00 p.m., eastern standard time, on March 3, 2000. Public hearings on this proposed action have been scheduled. See SUPPLEMENTARY INFORMATION for dates and times of public hearings.
ADDRESSES: Comments on this proposed rule or requests for information should be sent to Branch Chief, Protected Resources Division, NMFS, Northwest Region, 525 NE Oregon Street, Suite 500, Portland, OR 97232- 2737. Comments will not be accepted if submitted via e-mail or Internet. See SUPPLEMENTARY INFORMATION for locations of public hearings.
FOR FURTHER INFORMATION CONTACT: Chris Mobley at (301) 713-1401; Garth
Griffin at (206) 526-5006; or Craig Wingert at (562) 980-4021.
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