Endangered and Threatened Species; Take of Anadromous Fish

Issuing agencies

Abstract

Notice is hereby given that NMFS received three Hatchery and Genetic Management Plans (HGMPs) for hatchery programs rearing and releasing fall-run chum salmon in the Skagit River basin. 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. Following the public comment period, and consistent with the rule for salmon and steelhead, this document serves to notify the public of the availability of an Evaluation and Recommended Determination document (ERD) on implementing the proposed hatchery programs the associated HGMPs, which concludes that it 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 91 Issue 208 (Thursday, October 29, 2026)</title>
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[Federal Register Volume 91, Number 208 (Thursday, October 29, 2026)]
[Notices]
[Page 68114]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22071]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XG136]


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 an evaluation and recommended 
determination.

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SUMMARY: Notice is hereby given that NMFS received three Hatchery and 
Genetic Management Plans (HGMPs) for hatchery programs rearing and 
releasing fall-run chum salmon in the Skagit River basin. 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. 
Following the public comment period, and consistent with the rule for 
salmon and steelhead, this document serves to notify the public of the 
availability of an Evaluation and Recommended Determination document 
(ERD) on implementing the proposed hatchery programs the associated 
HGMPs, which concludes that it 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.

ADDRESSES: The document 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#7914160b1e1817570b161b10170a16173917161818571e160f"><span class="__cf_email__" data-cfemail="81eceef3e6e0efaff3eee3e8eff2eeefc1efeee0e0afe6eef7">[email&#160;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, 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, the Sauk-Suiattle Indian Tribe, 
Swinomish Indian Tribal Community, Upper Skagit Indian Tribe, and WDFW, 
have submitted three HGMPs to NMFS pursuant to NMFS' limit 6 of the 
4(d) rule of the ESA for hatchery activities in the Skagit River basin, 
Washington. As required in the Endangered Species Act (ESA) rule for 
salmon and steelhead, the Secretary of Commerce published notice of 
NMFS' proposed evaluation and pending determination (PEPD) together 
with a discussion of the biological analysis underlying that 
determination. NMFS received one public comment on that PEPD. The ERD 
is NMFS' determination for how the HGMPs address the criteria in 50 CFR 
223.203(b)(5).
    The hatchery programs are designed to contribute to tribal and non-
tribal 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 salmon harvests. Included in the HGMPs is 
monitoring activities to evaluate the effectiveness of the programs in 
meeting their goals while limiting impacts to Puget Sound Chinook 
salmon and Puget Sound steelhead.

Classification

    Under section 4 of the ESA, the Secretary of Commerce may issue 
regulations for the conservation of listed threatened species. 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: October 26, 2026.
Jennifer Leigh Quan,
Regional Administrator, West Coast Region, National Marine Fisheries 
Service.
[FR Doc. 2026-22071 Filed 10-28-26; 8:45 am]
BILLING CODE 3510-22-P


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