Notice2025-16427
Endangered and Threatened Species; Take of Anadromous Fish
Primary source
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Published
August 27, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has evaluated hatchery and genetic management plans (HGMPs) for 12 hatchery programs rearing and releasing Chinook, coho, and chum salmon in the Nooksack River basin and Strait of Georgia submitted by the Lummi Nation and Washington Department of Fish and Wildlife (WDFW) in collaboration with the Nooksack Indian Tribe as co- managers pursuant to the limitation on take prohibitions for actions conducted under the Endangered Species Act (ESA). The plans describe hatchery programs operated by the co-managers. This document serves to notify the public of the availability of an Evaluation and Recommended Determination Document (ERD) in which NMFS, by delegated authority from the Secretary of Commerce, has determined that implementing and enforcing these HGMPs will not appreciably reduce the likelihood of survival and recovery nor modify or destroy critical habitat of Puget Sound Chinook salmon or Puget Sound steelhead. In compliance with the National Environmental Policy Act (NEPA), NMFS also announces the availability of its Finding of No Significant Impact for the hatchery operations under the HGMPs.
Full Text
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<title>Federal Register, Volume 90 Issue 164 (Wednesday, August 27, 2025)</title>
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[Federal Register Volume 90, Number 164 (Wednesday, August 27, 2025)]
[Notices]
[Pages 41815-41816]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16427]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF121]
Endangered and Threatened Species; Take of Anadromous Fish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Notice; Determination on Hatchery and Genetic Management Plans
and availability of the associated Finding of No Significant Impact.
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SUMMARY: NMFS has evaluated hatchery and genetic management plans
(HGMPs) for 12 hatchery programs rearing and releasing Chinook, coho,
and chum salmon in the Nooksack River basin and Strait of Georgia
submitted by the Lummi Nation and Washington Department of Fish and
Wildlife (WDFW) in collaboration with the Nooksack Indian Tribe as co-
managers pursuant to the limitation on take prohibitions for actions
conducted under the Endangered Species Act (ESA). The plans describe
hatchery programs operated by the co-managers. This document serves to
notify the public of the availability of an Evaluation and Recommended
Determination Document (ERD) in which NMFS, by delegated authority from
the Secretary of Commerce, has determined that implementing and
enforcing these HGMPs will not appreciably reduce the likelihood of
survival and recovery nor modify or destroy critical habitat of Puget
Sound Chinook salmon or Puget Sound steelhead. In compliance with the
National Environmental Policy Act (NEPA), NMFS also announces the
availability of its Finding of No Significant Impact for the hatchery
operations under the HGMPs.
FOR FURTHER INFORMATION CONTACT: Morgan Robinson at (253) 307-2670 or
by email at <a href="/cdn-cgi/l/email-protection#54393b2633353a7a263b363d3a273b3a143a3b35357a333b22"><span class="__cf_email__" data-cfemail="aec3c1dcc9cfc080dcc1ccc7c0ddc1c0eec0c1cfcf80c9c1d8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
ESA-Listed Species Covered in This Notice
<bullet> Puget Sound Chinook salmon (Oncorhynchus tshawytscha):
threatened, naturally and artificially propagated; and
<bullet> Puget Sound Steelhead (O. mykiss): threatened, naturally
and artificially propagated.
Background
The term ``take'' is defined under the ESA to mean harass, harm,
pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to
attempt to engage in any such conduct. The ESA prohibits the take of
endangered salmonids and, pursuant to ESA section 4(d), ESA regulations
can be extended to prohibit the take of threatened salmonids. However,
NMFS may make exceptions to the take prohibitions for hatchery programs
that are approved by NMFS under the limits on the prohibitions outlined
in 50 CFR 223.203(b). The operators, Lummi Nation and WDFW,
collaborating with tribal co-manager Nooksack Indian Tribe, have
jointly submitted twelve HGMPs to NMFS pursuant to 50 CFR 223.203(b)(6)
for hatchery activities in the Nooksack River basin and Strait of
Georgia, Washington. As required, NMFS took public comments on its
recommended determination for how the HGMPs address the criteria in 50
CFR 223.203(b)(5) prior to making its final determination.
Discussion of the Biological Analysis Underlying the Determination
NMFS's West Coast Region's Sustainable Fishery Division (SFD) has
analyzed the HGMPs' proposed
[[Page 41816]]
hatchery operations, along with conservation measures and monitoring
plan described therein. The hatchery programs are designed to
contribute to the survival and recovery of Nooksack River Chinook
salmon and provide salmon for harvest augmentation purposes. These
hatchery programs are intended to contribute to fulfilling federal
tribal treaty rights affirmed in U.S. v. Washington (1974) by enhancing
future fishing opportunities for Chinook, coho, and chum salmon.
Included in the hatchery plans are research and monitoring activities
to study the effect of the programs on the recovery of Puget Sound
Chinook salmon and steelhead.
We have concluded that adherence to the components of these HGMPs
would provide effective protection to the Nooksack Chinook salmon and
steelhead populations. Implementation of the hatchery programs as
described would not jeopardize the Puget Sound Chinook Salmon
Evolutionary Significant Unit (ESU) or the Puget Sound Steelhead
Distinct Population Segment (DPS) based on parameters defining a viable
salmonid population in terms of overall abundance and productivity, as
well as the diversity and spatial structure of the populations within
the Nooksack River basin and the role of the populations to the larger
ESU or DPS. The HGMPs will provide for the proposed harvest
opportunities while not appreciably slowing any listed population's
achievement of viable function or appreciably reducing the likelihood
of the survival and recovery of the Puget Sound Chinook salmon ESU and
Puget Sound Steelhead DPS.
NMFS' determination on these 12 HGMPs depends upon implementation
of all of the monitoring, evaluation, reporting tasks or assignments,
and enforcement activities included within. Reporting and inclusion of
new information derived from research, monitoring, and evaluation
activities described within will provide assurance that performance
standards will be achieved in future seasons. NMFS' evaluation is
available on the West Coast Region website at: <a href="https://www.fisheries.noaa.gov/action/twelve-hatchery-and-genetic-management-plans-nooksack-river-basin-and-georgia-strait-salmon">https://www.fisheries.noaa.gov/action/twelve-hatchery-and-genetic-management-plans-nooksack-river-basin-and-georgia-strait-salmon</a>.
Summary of Comments Received in the Response to the Proposed Evaluation
and Pending Determination
NMFS published notice of its Proposed Evaluation and Pending
Determination (PEPD) on the plan for public review and comment on May
12, 2025 (90 FR 20156). The PEPD was available for public review and
comment for 30 days.
During the public comment period, four comments were received, all
by email. These came in the form of: individual, unique comments, and
letters from conservation organizations. NMFS thoroughly reviewed and
considered all of the substantive comments received from the public and
the additional literature cited. This review of new information and
data informed NMFS's subsequent analysis but did not lead to any
changes to the HGMPs, as submitted, or to SFD's determination that the
plan adequately addresses the 4(d), Limit 6 criteria. A section
summarizing and responding to the substantive comments received during
the public comment period on the PEPD is included as part of the final
evaluation document, available on the West Coast Region website.
Authority
Under section 4 of the ESA, the Secretary of Commerce is required
to adopt such regulations as deemed necessary and advisable for the
conservation of species listed as threatened. The ESA salmon and
steelhead 4(d) Rule (50 CFR 223.203(b)) 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
actions undertaken in compliance with a plan developed jointly by a
state and a tribe and determined by NMFS to be in accordance with the
salmon and steelhead 4(d) Rule (65 FR 42422, July 10, 2000).
16 U.S.C. 1531 et seq.; 16 U.S.C. 742a et seq.
Dated: August 22, 2025.
Jennifer Quan,
Regional Administrator, West Coast Region, National Marine Fisheries
Service.
[FR Doc. 2025-16427 Filed 8-26-25; 8:45 am]
BILLING CODE 3510-22-P
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