Notice2026-10619
Endangered and Threatened Species; Take of Anadromous Fish
Primary source
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Published
May 28, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
Notice is hereby given that NMFS has made a final determination on the Yurok 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 and monitoring activities for tribal fisheries affecting ESA-listed Southern Oregon/ Northern California Coast Coho Salmon in the portion of the Klamath River within the Yurok Reservation. As required by the Tribal 4(d) Rule, NMFS sought public comment on its pending determination prior to making a final determination.
Full Text
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<title>Federal Register, Volume 91 Issue 102 (Thursday, May 28, 2026)</title>
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[Federal Register Volume 91, Number 102 (Thursday, May 28, 2026)]
[Notices]
[Pages 31703-31704]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10619]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF746]
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 Yurok 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 and monitoring
activities for tribal fisheries affecting ESA-listed Southern Oregon/
Northern California Coast Coho Salmon in the portion of the Klamath
River within the Yurok Reservation. As required by the Tribal 4(d)
Rule, NMFS sought public comment on its pending
[[Page 31704]]
determination prior to making a final determination.
FOR FURTHER INFORMATION CONTACT: Anthony Siniscal at 971-322-8407, or
via email: <a href="/cdn-cgi/l/email-protection#4b0a253f23242532653822252238282a270b25242a2a652c243d"><span class="__cf_email__" data-cfemail="3879564c50575641164b5156514b5b59547856575959165f574e">[email protected]</span></a>.
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 Yurok 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 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 Yurok 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 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 appreciably
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 July 28,
2025 (90 FR 35512). The public comment period expired on August 27,
2026. We received one comment letter on the information contained in
the PEPD, which is addressed in the final Evaluation and Recommended
Determination (ERD). The PEPD and the final ERD are available at:
<a href="https://www.fisheries.noaa.gov/action/tribal-resource-management-plan-trmp-yurok-tribe">https://www.fisheries.noaa.gov/action/tribal-resource-management-plan-trmp-yurok-tribe</a>.
Authority: 16 U.S.C. 1531 et seq.; 16 U.S.C. 742a et seq.
Dated: May 26, 2026.
David R. Blankinship,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2026-10619 Filed 5-27-26; 8:45 am]
BILLING CODE 3510-22-P
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