Notice2026-10003
Endangered and Threatened Species; Take of Anadromous Fish
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 19, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
Notice is hereby given that NMFS has received five Hatchery and Genetic Management Plans (HGMPs) for hatchery programs rearing and releasing fall-run Chinook salmon, coho salmon, and fall-run chum salmon in the Puyallup River basin. The plan describes five hatchery programs operated by the Washington Department of Fish and Wildlife (WDFW) and the Puyallup Tribe of Indians (PTI) as co-managers. This notice provides an opportunity to comment on a Proposed Evaluation and Pending Determination (PEPD) document on implementing the proposed hatchery programs and associated findings.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 96 (Tuesday, May 19, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 96 (Tuesday, May 19, 2026)]
[Notices]
[Pages 29117-29118]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10003]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF775]
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; availability of a proposed evaluation and pending
determination for public comment.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that NMFS has received five Hatchery
and Genetic Management Plans (HGMPs) for hatchery programs rearing and
releasing fall-run Chinook salmon, coho salmon, and fall-run chum
salmon in the Puyallup River basin. The plan describes five hatchery
programs operated by the Washington Department of Fish and Wildlife
(WDFW) and the Puyallup Tribe of Indians (PTI) as co-managers. This
notice provides an opportunity to comment on a Proposed Evaluation and
Pending Determination (PEPD) document on implementing the proposed
hatchery programs and associated findings.
DATES: Comments must be received no later than 5 p.m. Pacific time on
June 18, 2026.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2026-1585, by electronic submission:
<bullet> Electronic submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Visit <a href="https://www.regulations.gov">https://www.regulations.gov</a> and type NOAA-NMFS-2026-1585 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="https://www.regulations.gov">https://www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Comments received after June 18, 2026 may not be
considered.
The document available for public comment is available on the
internet at: <a href="https://www.fisheries.noaa.gov/action/five-hatchery-and-genetic-management-plans-puyallup-river-basin">https://www.fisheries.noaa.gov/action/five-hatchery-and-genetic-management-plans-puyallup-river-basin</a>.
The HGMPs are available online concurrently while the comment
period for the PEPD is open at: <a href="https://www.puyalluptribe-nsn.gov/member-services/tribal-natural-resources/fisheries/">https://www.puyalluptribe-nsn.gov/member-services/tribal-natural-resources/fisheries/</a> (PTI Programs) and
<a href="https://wdfw.wa.gov/fishing/management/hatcheries/hgmp#comment">https://wdfw.wa.gov/fishing/management/hatcheries/hgmp#comment</a> (WDFW
programs).
FOR FURTHER INFORMATION CONTACT: Molly Gorman, (206) 526-6114,
<a href="/cdn-cgi/l/email-protection#7f12101313065118100d121e113f11101e1e51181009"><span class="__cf_email__" data-cfemail="690406050510470e061b0408072907060808470e061f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Endangered Species Act (ESA)-Listed Species Covered in This Notice
<bullet> Puget Sound Chinook salmon (Oncorhynchus tshawytscha):
threatened, naturally and artificially propagated;
<bullet> Puget Sound Steelhead (Oncorhynchus 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
[[Page 29118]]
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, WDFW collaborating with tribal co-
manager PTI, have submitted five HGMPs to NMFS pursuant to NMFS' Limit
6 of the 4(d) Rule of the ESA for hatchery activities in the Puyallup
River basin, Washington. The PEPD is NMFS' initial determination for
how the HGMPs address the criteria in 50 CFR 223.203(b)(5).
The hatchery programs under review are designed to help meet adult
fish loss mitigation responsibilities, off-setting adverse impacts to
natural-origin salmon abundances that historically sustained tribal,
commercial, and recreational fisheries. These hatchery programs are
intended to contribute to fulfilling federal trust responsibilities
toward tribes with rights guaranteed through treaties, as affirmed in
United States v. Washington (1974), by contributing to the recovery of
ESA-listed salmon. Included in the HGMP is research and monitoring
activities to study the effect of the programs on the recovery of Puget
Sound Chinook salmon and Puget Sound steelhead.
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 regulations (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
regulations 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: May 15, 2026.
Jennifer Leigh Quan,
Regional Administrator, West Coast Region, National Marine Fisheries
Service.
[FR Doc. 2026-10003 Filed 5-18-26; 8:45 am]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 19, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.