Notice2025-16429
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 plans for three hatchery programs rearing and releasing Chinook, coho, and pink salmon in the Dungeness River basin, submitted by the Jamestown S'Klallam Tribe and Washington Department of Fish and Wildlife (WDFW) 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 hatchery and genetics management plans (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.
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 41817-41818]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16429]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF140]
Endangered and Threatened Species; Take of Anadromous Fish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Notification; determination on hatchery and genetics management
plans.
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SUMMARY: NMFS has evaluated plans for three hatchery programs rearing
and releasing Chinook, coho, and pink salmon in the Dungeness River
basin, submitted by the Jamestown S'Klallam Tribe and Washington
Department of Fish and Wildlife (WDFW) 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
hatchery and genetics management plans (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.
FOR FURTHER INFORMATION CONTACT: Morgan Robinson, (253) 307-2670,
<a href="/cdn-cgi/l/email-protection#2b4644594c4a450559444942455844456b45444a4a054c445d"><span class="__cf_email__" data-cfemail="b5d8dac7d2d4db9bc7dad7dcdbc6dadbf5dbdad4d49bd2dac3">[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;
<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,
[[Page 41818]]
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 operator, WDFW, collaborating with tribal co-
manager Jamestown S'Klallam Tribe, have submitted HGMPs to NMFS
pursuant to 50 CFR 223.203(b)(6) for hatchery activities in the
Dungeness River basin, Washington. The Chinook, coho, and pink salmon
hatchery programs will be operated at Dungeness and Hurd Creek
Hatcheries. 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 hatchery operations, along with
conservation measures and monitoring plan described therein. The
hatchery programs are designed to contribute to the survival and
recovery of Dungeness 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
United States 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 Dungeness 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 Dungeness 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 three 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/dungeness-hatcheries-plans">https://www.fisheries.noaa.gov/action/dungeness-hatcheries-plans</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 July
28, 2022 (87 FR 45301). The PEPD was available for public review and
comment for 30 days. During the public comment period, no comments were
received.
Classification
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).
Authority: 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. 2025-16429 Filed 8-26-25; 8:45 am]
BILLING CODE 3510-22-P
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