[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]


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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).

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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