Endangered and Threatened Wildlife and Plants; Emergency Reclassification of the Snake River Spring/Summer Chinook Salmon and the Snake River Fall Chinook Salmon From Threatened to Endangered Status

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018 AC97

Endangered and Threatened Wildlife and Plants; Emergency

Reclassification of the Snake River Spring/Summer Chinook Salmon and

the Snake River Fall Chinook Salmon From Threatened to Endangered

Status

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Emergency rule.

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SUMMARY: The Fish and Wildlife Service is reclassifying the Snake River

spring/summer chinook salmon (Oncorhynchus tshawytscha) and the Snake

River fall chinook salmon from threatened to endangered status under

the emergency provisions of the Endangered Species Act of 1973 (Act).

This reflects a determination by the National Marine Fisheries Service,

which has jurisdiction for these species, that the species warrant

emergency reclassification based on a projected decline in adult Snake

River chinook salmon abundance. This determination by NMFS was

published in the August 18, 1994, Federal Register.

EFFECTIVE DATE: This emergency rule is effective from August 18, 1994,

to May 26, 1995.

FOR FURTHER INFORMATION CONTACT: Ms. Jamie Rappaport Clark, Chief,

Division of Endangered Species, U.S. Fish and Wildlife Service, 4401 N.

Fairfax Drive, Mail Stop 452, Arlington, Virginia 22203 (703/358-2171).

SUPPLEMENTARY INFORMATION: Under the Endangered Species Act (16 U.S.C.

1531 et seq.), and in accordance with Reorganization Plan No. 4 of

1970, the National Marine Fisheries Services (NMFS), National Oceanic

and Atmospheric Administration, Department of Commerce, is responsible

for the Snake River spring/summer and fall chinook salmon. Under

section 4(a)(2) of the Act, NMFS must decide whether a species under

its jurisdiction should be classified as endangered or threatened. The

Fish and Wildlife Service (Service) is responsible for the actual

addition, deletion and amendment of the List of Endangered and

Threatened Wildlife in 50 CFR 17.11(h) (List).

NMFS published its determination of threatened status for the Snake

River spring/summer chinook salmon and the Snake River fall chinook

salmon on April 22, 1992 (57 FR 14653). Accordingly, the Service added

the species to the List on September 23, 1993 (58 FR 49880). On August

18, 1994, NMFS published an emergency interim rule in the Federal

Register (59 FR 42529) reclassifying the Snake River spring/summer

chinook salmon and the Snake River fall chinook salmon from threatened

to endangered status based on new data that indicates that critically

low salmon returns are expected for 1994. Accordingly, the Service is

amending the List, pursuant to the emergency provisions of section

4(b)(7) of the Act, to reflect the revised status.

During the 240 days this emergency rule is in effect, NMFS will

initiate and complete a rulemaking (with a public comment period) to

extend the reclassification of Snake River spring/summer and fall

chinook salmon to endangered status under the Act until such time as

reclassification or delisting is warranted. This action of the Service

to amend the List in accordance with the determination by NMFS is

nondiscretionary. Therefore, in view of the public comment period that

will be provided by NMFS on the proposed reclassification, the Service

finds that good cause exists to omit the notice and public comment

procedures of 5 U.S.C. 553(b) and to make this action effective on

August 18, 1994, the date of publication of NMFS' emergency interim

rule, waiving the 30-day effective date provision of 5 U.S.C. 553(d).

National Environmental Policy Act

The Service has determined that an Environmental Assessment, as

defined under the authority of the National Environmental Policy Act of

1969, need not be prepared in connection with regulations adopted

pursuant to section 4(a) of the Endangered Species Act of 1973, as

amended. A notice outlining the Service's reasons for this

determination was published in the Federal Register on October 25, 1983

(48 FR 49244).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Export, Import, Reporting and

recordkeeping requirements, and Transportation.

Regulation Promulgation

PART 17--[AMENDED]

Accordingly, part 17, subchapter B of chapter I, title 50 of the

Code of Federal Regulations, is amended as set forth below:

1. The authority citation for part 17 continues to read as follows:

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.

4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.

Sec. 17.11 [Amended]

2. Section 17.11(h) is amended by suspending the two entries in the

table for the Snake R. Vertebrate populations of ``Salmon, chinook''

under FISHES, effective August 18, 1994, to May 26, 1995.

3. Section 17.11(h) is amended by adding the following entries to

the table immediately after the two suspended Snake R. Vertebrate

populations of ``Salmon, chinook'' under FISHES, to be effective from

August 18, 1994, to May 26, 1995, and to read as follows:

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Species Vertebrate population

----------------------------------------------------- Historic range where endangered or Status When listed Critical Special

Common name Scientific name threatened habitat rules

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* * * * * * *

FISHES

* * * * * * *

Salmon, chinook.......... Oncorhynchus tshawytscha. North Pacific Basin from Snake R. (U.S.A.--ID, E 516,557 NA NA

U.S.A. (CA) to Japan. OR, WA) (mainstem and

the following subbasins-

Tucannon R., Grande

Ronde R., Imnaha R.,

and Salmon R.) spring/

summer run, natural

population(s), wherever

found.

Salmon, chinook.......... Oncorhynchus tshawytscha. North Pacific Basin from Snake R. (U.S.A.--ID, E 516,557 NA NA

U.S.A. (CA) to Japan. OR, WA) (mainstem and

the following subbasins-

Tucannon R., Grande

Ronde R., Imnaha R.,

Salmon R., and

Clearwater R.) fall

run, natural

population(s), wherever

found.

* * * * * * *

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Dated: September 23, 1994.

Mollie H. Beattie,

Director, Fish and Wildlife Service.

[FR Doc. 94-27124 Filed 11-1-94; 8:45 am]

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