[Federal Register Volume 61, Number 153 (Wednesday, August 7, 1996)] [Notices] [Pages 41130-41131] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-20130] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE [I.D. 080196A] Endangered Species; Permits AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Receipt of an application for an individual incidental take permit (P211K). ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the Oregon Department of Fish and Wildlife at Portland, OR (ODFW) have applied in due form for a permit that would authorize an incidental take of an endangered species. DATES: Written comments or requests for a public hearing on this application must be received on or before September 6, 1996. ADDRESSES: The application and related documents are available for review in the following offices, by appointment: Office of Protected Resources, F/PR8, NMFS, 1315 East-West Highway, Silver Spring, MD 20910-3226 (301-713-1401); and Environmental and Technical Services Division, 525 NE Oregon Street, Suite 500, Portland, OR 97232-4169 (503-230-5400). Written comments or requests for a public hearing should be submitted to the Chief, Endangered Species Division, Office of Protected Resources. SUPPLEMENTARY INFORMATION: ODFW requests a permit under the authority of section 10 of the Endangered Species Act of 1973 (ESA) (16 U.S.C. 1531-1543) and the NMFS regulations governing ESA-listed fish and wildlife permits (50 CFR parts 217-227). ODFW (P211K) requests a 5-year permit for an annual incidental take of resident, fluvial, and anadromous, endangered, Umpqua River cutthroat trout (Oncorhynchus clarki clarki) associated with the state of Oregon's recreational and commercial fisheries in the Umpqua River Basin. ODFW is charged by statute with the management and protection of the fish and wildlife resources of the State. An individual incidental take permit is requested since ODFW is responsible for establishing the State's fishing regulations and controls fishing activities by issuing licenses to citizens. [[Page 41131]] Resident (non-migratory) cutthroat trout are present in most small tributary streams to Smith River and the mainstem, South, and North Umpqua Rivers. Fluvial (migrating within rivers) cutthroat trout are potentially present throughout the entire mainstem North Umpqua River from the mouth to Soda Springs Dam during the entire year. Fluvial cutthroat trout are also present in Smith River and some of the larger tributaries. In the mainstem South Umpqua River, fluvial cutthroat trout are potentially present above Jackson Creek year round. Due to warm water, fluvial fish are believed to be present below Jackson Creek and downstream throughout the mainstem Umpqua River only during late fall through early summer (November-June). Fresh run, adult, searun cutthroat trout first enter the mainstem Umpqua River in June and July and proceed upstream into cooler tributary streams. Kelts (fish that have spawned) drop out of spawning tributaries and head back to the estuary/ocean during February through May. Smolts (juveniles) migrate downstream through the Smith, North, South, and mainstem Umpqua Rivers during the period March through May. ESA-listed cutthroat trout could be exposed to various fisheries in the Umpqua River Basin. The actual probability of incidental take varies among the fisheries. Those species that may be present and fished for in the Umpqua River Basin include spring chinook salmon, fall chinook salmon, coho salmon, summer and winter steelhead trout, hatchery rainbow trout, smallmouth bass, striped bass, shad, and white and green sturgeon. ODFW included a conservation plan in their permit application that includes measures designed to minimize the incidental take of ESA- listed cutthroat trout. One such measure is the termination of hatchery rainbow trout releases in areas of the North and South Umpqua Rivers and, beginning in 1997, closing all remaining trout angling in the Umpqua River Basin, except the North Umpqua River above Soda Springs Dam where cutthroat trout do not occur. Other conservation measures include closing spawning habitat to fishing, maintaining beneficial time and area closures, periodic monitoring and evaluation programs, regulation enforcement, scientific research, recovery planning, and public education. Those individuals requesting a hearing (see ADDRESSES) should set out the specific reasons why a hearing on this application would be appropriate. The holding of such hearing is at the discretion of the Assistant Administrator for Fisheries, NOAA. All statements and opinions contained in this application summary are those of the applicant and do not necessarily reflect the views of NMFS. Dated: August 1, 1996. Robert C. Ziobro, Acting Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 96-20130 Filed 8-6-96; 8:45 am] BILLING CODE 3510-22-F