[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Pages 47724-47725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16729]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID: 0648-XC177]
Endangered and Threatened Species; Take of Anadromous Fish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; determination on a tribal resource management plan.
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SUMMARY: Notice is hereby given that NMFS has made a final
determination on the Hoopa Valley Tribe's Tribal Resource Management
Plan (TRMP). The determination is pursuant to the limitation on take
prohibitions for actions conducted under Tribal Resource Management
Plans promulgated under the 4(d) Rule of the Endangered Species Act
(ESA) (Tribal 4(d) Rule). The TRMP specifies harvest, research, and
monitoring activities for tribal fisheries affecting ESA-listed
Southern Oregon/Northern California Coast Coho Salmon in the portion of
the Trinity River within the Hoopa Valley Reservation. As required by
the Tribal 4(d) Rule, NMFS sought public comment on its pending
determination prior to making a final determination.
FOR FURTHER INFORMATION CONTACT: Anthony Siniscal at 971-322-8407, or
via email: [email protected].
SUPPLEMENTARY INFORMATION:
ESA Listed Species Covered in This Notice
Southern Oregon/Northern California Coast Coho salmon (Oncorhynchus
kisutch)
Evolutionarily Significant Unit: threatened, naturally produced, and
artificially propagated.
Background
The Hoopa Valley Tribe submitted a TRMP for review under the ESA
Tribal 4(d) Rule. Under section 4 of the ESA, the Secretary of Commerce
(Secretary) is required to adopt such regulations as deemed necessary
and advisable for the conservation of species listed as threatened. The
ESA salmon and
[[Page 47725]]
steelhead 4(d) rule (65 FR 42422, July 10, 2000, as updated in 70 FR
37160, June 28, 2005) specifies categories of activities that
contribute to the conservation of listed salmonids and sets criteria
for such activities to qualify as limits on take prohibitions. The ESA
Tribal 4(d) Rule (65 FR 42481, July 10, 2000) states that the take
prohibitions of ESA Section 9 will not apply to a TRMP provided that
the Secretary has determined that the TRMP will not appreciably reduce
the likelihood of survival and recovery for the listed species (50 CFR
223.204(a)).
The Hoopa Valley Tribe's TRMP provides a framework through which
Tribal salmon fisheries can be implemented while meeting requirements
specified under the ESA. The TRMP describes the proposed fisheries,
establishes limits for harvest, and describes monitoring, evaluation,
and reporting provisions associated with the fisheries. The TRMP
management objective is for the Tribe to conduct fisheries in a manner
that does not appreciably reduce the likelihood of survival and
recovery of ESA-listed coho salmon.
NMFS has analyzed the effects of the TRMP on ESA-listed salmon and
steelhead species and has concluded that the TRMP would not appreciable
reduce the likelihood of survival and recovery of ESA-listed species,
while providing for the proposed tribal harvest opportunities. Our
determination depends upon implementation of all of the monitoring,
evaluation, reporting tasks or assignments, and enforcement activities
included in the TRMP, and that the fisheries stay within the impact
limits described in the TRMP.
Summary of Comments Received on the Proposed Evaluation and Pending
Determination
Prior to making a final determination on Tribal Plans, NMFS must
take comments on its pending determination as to whether or not
implementation of the plan will appreciably reduce the likelihood of
survival and recovery of ESA-listed salmonids (50 CFR 223.204(b)(3)).
NMFS assessed the TRMP and prepared a Proposed Evaluation and Pending
Determination (PEPD). The PEPD was posted on the NMFS website and a
notice of availability was posted in the Federal Register on February
23, 2022 (87 FR 10174). The public comment period expired on March 25,
2022. No comments were received on the PEPD. The PEPD and an Evaluation
and Recommended Determination are available at: https://www.fisheries.noaa.gov/action/tribal-resource-management-plan-trmp-hoopa-valley-tribe.
Authority: 16 U.S.C. 1531 et seq.; 16 U.S.C. 742a et seq.
Dated: July 29, 2022.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2022-16729 Filed 8-3-22; 8:45 am]
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