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EPA's Vessel General Permit and Small Vessel General

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the ordinary high water line. In areas where the ordinary high-water line is not defined the<br />

lateral extent is defined as the bankfull elevation. In estuarine areas the lateral extent is defined<br />

by the extreme high water because extreme high tide areas encompass those areas typically<br />

inundated by water <strong>and</strong> regularly occupied by juvenile salmon during the spring <strong>and</strong> summer,<br />

when they are migrating in the nearshore zone <strong>and</strong> relying on cover <strong>and</strong> refuge qualities provided<br />

by these habitats, <strong>and</strong> while they are foraging. Of the 50 watersheds reviewed in NMFS'<br />

assessment of critical habitat for Northern California steelhead, nine watersheds received a low<br />

rating of conservation value, 14 received a medium rating, <strong>and</strong> 27 received a high rating of<br />

conservation value for the species. Two estuarine areas used for rearing <strong>and</strong> migration<br />

(Humboldt Bay <strong>and</strong> the Eel River estuary) also received a rating of high conservation value.<br />

Final Protective Regulations<br />

On June 28, 2005, as part of the final listing determinations for 16 ESUs of West Coast salmon,<br />

NMFS amended <strong>and</strong> streamlined the 4(d) protective regulations for threatened salmon <strong>and</strong><br />

steelhead (70 FR 37160) as described in the Protective Regulations for Threatened Salmonid<br />

Species section of this document. Under this change, the section 4(d) protections apply to<br />

natural <strong>and</strong> hatchery fish with an intact adipose fin, but not to listed hatchery fish that have had<br />

their adipose fin removed prior to release into the wild. The amended June 2005 4(d) rule<br />

applies to the Lower Columbia River steelhead DPS.<br />

Puget Sound Steelhead<br />

Distribution <strong>and</strong> Description of the Listed Species<br />

The Puget Sound DPS for steelhead includes all naturally spawned anadromous winter-run <strong>and</strong><br />

summer-run steelhead populations in watersheds of the Strait of Juan de Fuca, Puget Sound <strong>and</strong><br />

Hood Canal, Washington. Boundaries of this DPS extend to <strong>and</strong> include the Elwha River to the<br />

west, <strong>and</strong> the Nooksack River <strong>and</strong> Dakota Creek to the north. Hatchery production of steelhead<br />

is widespread throughout this DPS, but only two artificial propagation programs are part of this<br />

DPS: the Green River natural <strong>and</strong> Hamma Hamma winter-run steelhead hatchery populations.<br />

The remaining hatchery programs are not considered part of the Puget Sound steelhead DPS<br />

because they are more than moderately diverged from the local native populations (Hard et al.<br />

2007).<br />

The oceanic distribution of Puget Sound steelhead is not well understood. Winter <strong>and</strong> summer<br />

runs from multiple DPS’ comingle in the North Pacific Ocean <strong>and</strong> some may undergo extensive<br />

migrations as a result of the location of their natal streams <strong>and</strong> oceanic “centers of abundance”<br />

(Light et al. 1989). Tagging <strong>and</strong> genetic studies indicate that Puget Sound steelhead migrate to<br />

the central North Pacific ocean (see French et al. 1975, Hartt <strong>and</strong> Dell 1986, <strong>and</strong> Burgner et al.<br />

1992 in Hard et al. 2007). Oceanic residence times varies among populations within the DPS,<br />

with some populations spending only one season in the ocean <strong>and</strong> others spending three years in<br />

marine waters before returning to their natal stream for spawning. <strong>General</strong>ly, winter-run<br />

steelhead enter their natal freshwater systems later (November to April) in the year than summerrun<br />

steelhead (May to October), <strong>and</strong> thus have a shorter freshwater residence time just prior to<br />

spawning. The result is that winter-run steelhead have a lower pre-spawn mortality rate than<br />

summer-run steelhead (Hard et al. 2007). Winter-run steelhead are also more prevalent than<br />

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