Notice2026-10980
Endangered and Threatened Species; Take of Anadromous Fish
Primary source
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Published
June 2, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
Notice is hereby given that NMFS has received three Hatchery and Genetics Management Plans (HGMPs) for hatchery programs rearing and releasing chum salmon in the Skagit River watershed. The plans describe hatchery programs operated by the Sauk-Suiattle Indian Tribe, Swinomish Indian Tribal Community, Upper Skagit Indian Tribe, and Washington Department of Fish and Wildlife (WDFW), 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
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<title>Federal Register, Volume 91 Issue 105 (Tuesday, June 2, 2026)</title>
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[Federal Register Volume 91, Number 105 (Tuesday, June 2, 2026)]
[Notices]
[Page 32956]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10980]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF825]
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.
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SUMMARY: Notice is hereby given that NMFS has received three Hatchery
and Genetics Management Plans (HGMPs) for hatchery programs rearing and
releasing chum salmon in the Skagit River watershed. The plans describe
hatchery programs operated by the Sauk-Suiattle Indian Tribe, Swinomish
Indian Tribal Community, Upper Skagit Indian Tribe, and Washington
Department of Fish and Wildlife (WDFW), 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 at the appropriate address (see
ADDRESSES) no later than 5 p.m. Pacific time on July 2, 2026. Comments
received after this date may not be considered.
ADDRESSES: The HGMP for the WDFW hatchery program is available online
concurrently while the comment period for the PEPD is open at: <a href="https://wdfw.wa.gov/fishing/management/hatcheries/hgmp#comment">https://wdfw.wa.gov/fishing/management/hatcheries/hgmp#comment</a>.
The HGMP for the Upper Skagit Hatchery chum salmon program is
available online concurrently while the comment period for the PEPD is
open at: <a href="https://upperskagittribe-nsn.gov/wp-content/uploads/2026/04/Upper_Skagit_Chum_HGMP_150826.pdf">https://upperskagittribe-nsn.gov/wp-content/uploads/2026/04/Upper_Skagit_Chum_HGMP_150826.pdf</a>. The HGMP for the Sauk River chum
salmon hatchery program is available online concurrently while the
comment period for the PEPD is open at: <a href="https://www.fisheries.noaa.gov/resource/document/three-hatchery-and-genetic-management-plans-skagit-river-watershed-chum-salmon">https://www.fisheries.noaa.gov/resource/document/three-hatchery-and-genetic-management-plans-skagit-river-watershed-chum-salmon</a>.
You may submit comments on this document, identified by NOAA-NMFS-
2025-0834, 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-2025-0834 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).
The document available for public comment is available on the
internet at <a href="https://www.fisheries.noaa.gov/resource/document/three-hatchery-and-genetic-management-plans-skagit-river-watershed-chum-salmon">https://www.fisheries.noaa.gov/resource/document/three-hatchery-and-genetic-management-plans-skagit-river-watershed-chum-salmon</a>.
FOR FURTHER INFORMATION CONTACT: Morgan Robinson, (253) 307-2670,
<a href="/cdn-cgi/l/email-protection#7f12100d181e11510d101d16110c10113f11101e1e51181009"><span class="__cf_email__" data-cfemail="660b0914010708481409040f08150908260809070748010910">[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 (O. mykiss): threatened, naturally
and artificially propagated.
Background
The term ``take'' is defined under the Endangered Species Act (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
have submitted HGMPs to NMFS pursuant to NMFS' Limit 6 of the 4(d) Rule
of the ESA for hatchery activities in the Skagit River watershed,
Washington. The PEPD is NMFS' initial determination for how the HGMP
addresses the criteria in 50 CFR 223.203(b)(5).
The hatchery programs under review are harvest augmentation
programs and support Tribal treaty fishing rights. 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
salmon harvests. Included in the HGMPs are research and monitoring
activities to study the effect of the programs on 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 (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: May 28, 2026.
Jennifer Leigh Quan,
Regional Administrator, West Coast Region, National Marine Fisheries
Service.
[FR Doc. 2026-10980 Filed 6-1-26; 8:45 am]
BILLING CODE 3510-22-P
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