[Federal Register Volume 63, Number 33 (Thursday, February 19, 1998)]
[Notices]
[Pages 8435-8437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4213]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 021098G]


Endangered Species; Permits

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Receipt of applications for scientific research permits (1120, 
1123, 1124, 1126, and 1127) and modification 1 to permit 998. Issuance 
of scientific research permits (1094, 1106, 1107) and amendments to 
permits 822, 847, and 848.

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SUMMARY: Notice is hereby given that the following have applied in due 
form for permits that would authorize takes or possession of ESA-listed 
species for the purpose of scientific research and/or enhancement: the 
Idaho Department of Fish and Game at Boise, ID (IDFG) (1120); Mr. 
Edgard O. Espinoza, Deputy Laboratory Director of the National Fish and 
Wildlife Forensic Laboratory (1123); the Idaho Department of Fish and 
Game at Boise, ID (IDFG) (1124); the Washington Department of Fish and 
Wildlife at Olympia, WA (WDFW) (1126); and the Shoshone-Bannock Tribes 
at Fort Hall, ID (SBT) (1127). Notice is also given that NMFS has 
issued permits to: the Washington Department of Fish and Wildlife at 
Olympia, WA (WDFW) (1094); David Wm. Owens, of Texas A&M University 
(1106); and Dr. Issac Wirgin, of Institute of Environmental Medicine - 
New York University Medical Center (1107). Notice is further given that 
NMFS has issued amendments to permits to the Fish Passage Center at 
Portland, OR (FPC) (822); the Oregon Department of Fish and Wildlife at 
La Grande, OR (ODFW) (847); and WDFW at Olympia, WA (848).

DATES: Written comments or requests for a public hearing on these 
requests must be received on or before March 23, 1998.

ADDRESSES: The application, permit, and related documents are available 
for review by appointment in the following offices:
    Applications for permits 1106 and 1107: Director, Southeast Region, 
NMFS, NOAA, 9721 Executive Center Drive, St. Petersburg, FL 33702-2432 
(813-893-3141). The application for permit 1107 may also be reviewed 
at: Director, Northeast Region, NMFS, NOAA, One Blackburn Drive, 
Gloucester, MA 01930-2298 (508-281-9250)
    Applications for permits 822, 847, 848, 1094, 1120, 1124, 1126, and 
1127, and modification request for permits 998: Protected Resources 
Division (PRD), F/NWO3, 525 NE Oregon Street, Suite 500, Portland, OR 
97232-4169 (503-230-5400).
    Application for permit 1123: Office of Protected Resources, F/PR3, 
NMFS, 1315 East-West Hwy., Room 13307, Silver Spring, MD 20910-3226 
(301-713-1401).
    All documents may also be reviewed by appointment in the Office of 
Protected Resources, Endangered Species Division, NMFS, 1315 East-West 
Highway, Silver Spring, MD 20910 (301-713-1401).

FOR FURTHER INFORMATION CONTACT: For permits 822, 847, 848, 998, 1094, 
1120, 1124, 1126, and 1127: Robert Koch, Protected Resources Division, 
503-230-5424.
    For permits 1107 and 1123: Terri Jordan, Endangered Species 
Division, 301-713-1401.
    For permit 1106: Michelle Rogers, Endangered Species Division, 301-
713-1401.

SUPPLEMENTARY INFORMATION: Permits are requested 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).
    Those individuals requesting a hearing on these requests for 
permits should set out the specific reasons why a hearing would be 
appropriate (see ADDRESSES). The holding of such a hearing is at the 
discretion of the Assistant Administrator for Fisheries, NOAA. All 
statements and opinions contained in the above application summaries 
are those of the applicant and do not necessarily reflect the views of 
NMFS.
    Issuance of these permits, modifications, and amendments, as 
required by the ESA, was based on a finding that such permits, 
modifications, and amendments: (1) Were applied for in good faith; (2) 
would not operate to the disadvantage of the listed species which are 
the subject of the permits; and (3) are consistent with the purposes 
and policies set forth in section 2 of the ESA. These permits, 
modifications, and amendments were also issued in accordance with and 
are subject to parts 217-222 of Title 50 CFR, the NMFS regulations 
governing listed species permits.
    To date, protective regulations for threatened Snake River 
steelhead under section 4(d) of the ESA have not been promulgated by 
NMFS. This notice of receipt of applications requesting a take of this 
species is issued as a precaution in the event that NMFS issues 
protective regulations that prohibit takes of Snake River steelhead. 
The initiation of a 30-day public comment period on the application, 
including its proposed take of Snake River steelhead, does not 
presuppose the contents of the eventual protective regulations.

Applications Received

    IDFG (1120) requests a five-year permit that would authorize takes 
of adult and juvenile, endangered, Snake River sockeye salmon 
(Oncorhynchus nerka) associated with the continuation of a captive 
broodstock program, currently provided by permit 795. Permit 795 is due 
to expire on May 31, 1998. The captive broodstock program will help to 
preserve and perpetuate the species and provide Snake River sockeye 
salmon for future recovery actions. The captive broodstock program is a 
cooperative effort among IDFG, NMFS, SBT, the University of Idaho, the 
Idaho Department of Environmental Quality, and the Bonneville Power 
Administration (BPA). Funding is provided by BPA. ESA-listed adult and 
juvenile fish are proposed to be trapped annually by IDFG to obtain 
individuals for propagating the species in captivity. The resulting 
progeny are proposed to be reared in IDFG hatcheries and/or transported 
to NMFS hatcheries for rearing. ESA-listed juvenile fish generated from 
the captive broodstock program are proposed to be transported from the 
hatcheries and released into Stanley Basin lakes (Redfish, Pettit, and 
Alturas Lakes) and outlet streams

[[Page 8436]]

annually. ESA-listed juvenile fish are proposed to be observed by 
snorkeling or captured and tagged with passive integrated transponders 
for scientific monitoring and evaluation purposes. ESA-listed adult 
fish are proposed to be observed during redd counts or captured, tagged 
with radiotransmitters, and tracked electronically. ESA-listed juvenile 
fish indirect mortalities associated with scientific research and 
transportation activities are also requested.
    Mr. Edgard O. Espinoza, Deputy Laboratory Director of the National 
Fish and Wildlife Forensic Laboratory (1123) requests authorization to 
possess and conduct research on listed, non-marine mammal, non-
reptilian species using tissue samples (fin clips, barbels, blood, 
muscle, skin) to provide technical support that is responsive to FWS 
goals involving protected and endangered species, via law enforcement. 
The application requests the ability to maintain samples of non-marine 
mammal, or reptile listed species obtained from permitted individuals 
and by Federal, state or local law enforcement agents for the purposes 
of archival.
    IDFG (1124) requests a 5-year permit that would authorize takes of 
adult and juvenile, endangered, Snake River sockeye salmon 
(Oncorhynchus nerka); adult and juvenile, threatened, Snake River fall 
chinook salmon (Oncorhynchus tshawytscha); adult and juvenile, 
threatened, naturally-produced and artificially-propagated, Snake River 
spring/summer chinook salmon (Oncorhynchus tshawytscha); and adult and 
juvenile, threatened, Snake River steelhead (Oncorhynchus mykiss) 
associated with scientific research conducted throughout the state of 
ID. IDFG proposes to conduct seven research tasks: (1) General fish 
population inventories; (2) spring/summer chinook salmon natural 
production monitoring and evaluation; (3) spring/summer chinook salmon 
supplementation research; (4) Redfish Lake, Pettit Lake, and Alturas 
Lake kokanee/sockeye salmon research; (5) salmon and steelhead fish 
health monitoring; (6) steelhead natural production monitoring and 
evaluation; and (7) steelhead supplementation research. IDFG proposes 
to observe/harass ESA-listed species during surveys and redd counts and 
to employ seines, traps, and electrofishing to capture ESA-listed fish 
to apply passive integrated transponder (PIT) tags, radio tags, and 
other marks for migration studies. ESA-listed juvenile fish lethal 
takes are requested. ESA-listed fish indirect mortalities and 
incidental takes associated with scientific research activities are 
also requested.
    WDFW (1126) requests a 5-year permit that would authorize takes of 
adult and juvenile, threatened, naturally-produced and artificially-
propagated, Snake River spring/summer chinook salmon; juvenile, 
threatened, Snake River fall chinook salmon; and adult and juvenile, 
threatened, Snake River steelhead associated with scientific research 
conducted in the Snake River Basin in WA. The new permit is proposed to 
replace the take authorization currently provided in permit 848, which 
is due to expire on March 31, 1998. WDFW proposes to conduct three 
classes of research activities: (1) Summer juvenile fish monitoring 
using snorkeling and electrofishing, (2) juvenile fish migrant 
monitoring using smolt traps and PIT tags, and (3) adult fish 
monitoring using spawning ground surveys and the application of radio 
tags. ESA-listed fish indirect mortalities associated with scientific 
research activities are also requested.
    SBT (1127) requests a 5-year permit that would authorize takes of 
adult and juvenile, threatened, naturally-produced and artificially-
propagated, Snake River spring/summer chinook salmon and adult and 
juvenile, threatened, Snake River steelhead associated with scientific 
research conducted throughout the Salmon River Basin in the state of 
ID. SBT proposes to conduct six research tasks: (1) Snorkel surveys; 
(2) spawning ground surveys; (3) juvenile chinook salmon migrant 
monitoring using a rotary screw trap and PIT tags; (4) juvenile fish 
migration timing and movement at the Yankee Fork using fyke nets; (5) 
juvenile chinook salmon and steelhead abundance and condition factor 
estimates at the Yankee Fork using electrofishing and seines; and (6) 
juvenile chinook salmon PIT-tagging using electrofishing, seines, hook 
and line, and other methods to capture fish. ESA-listed juvenile fish 
indirect mortalities associated with the research are also requested.
    SBT requests modification 1 to permit 998. Permit 998 authorizes 
SBT a take of juvenile, endangered, Snake River sockeye salmon 
associated with scientific research designed to enumerate the annual 
smolt outmigration at Pettit Lake in ID for the purpose of evaluating 
overwinter survival, monitoring downstream migration, and calculating 
smolt-to-adult return ratios. For modification 1, SBT requests an 
increase in the take of ESA-listed juvenile sockeye salmon and a take 
of juvenile, threatened, naturally-produced and artificially-
propagated, Snake River spring/summer chinook salmon (Oncorhynchus 
tshawytscha) and juvenile, threatened, Snake River steelhead 
(Oncorhynchus mykiss) associated with a similar study at Alturas lake 
in ID. ESA-listed juvenile fish are proposed to be captured using a 
screw trap, handled, and released. A portion of the ESA-listed juvenile 
sockeye salmon to be handled are proposed to be anesthetized, marked 
with a small cut on the caudal fin, allowed to recover from the 
anesthetic, and released upstream of the trap. Sockeye salmon smolts 
captured at the trap following upstream release are proposed to be 
anesthetized, inspected for the caudal fin mark, allowed to recover 
from the anesthetic, and released as a means of determining trap 
efficiency. ESA-listed juvenile fish indirect mortalities associated 
with the research are also requested.

Permits Issued

    Notice was published on October 14, 1997 (62 FR 53319) that an 
application had been filed by WDFW (1094) for a scientific research/
enhancement permit. Permit 1094 was issued to WDFW on February 4, 1998. 
Permit 1094 authorizes WDFW annual direct takes of adult and juvenile, 
endangered, naturally-produced and artificially-propagated, upper 
Columbia River steelhead (Oncorhynchus mykiss) associated with a 
hatchery supplementation program in the mid- to upper Columbia River 
Basin. An incidental take of ESA-listed fish associated with releases 
from WDFW's hatchery supplementation program is also authorized. Permit 
1094 will expire on May 31, 2003.
    Notice was published on November 17, 1997 (62 FR 61296) that an 
application had been filed by David Wm. Owens, Texas A&M University, 
(1106) to take listed sea turtles as authorized by the Endangered 
Species Act of 1973 (ESA) (16 U.S.C. 1531-1543) and NMFS regulations 
governing listed fish and wildlife permits (50 CFR parts 217-222). Dr. 
Owens requested a scientific research permit to weigh, measure, blood 
sample, and satellite, PIT and flipper tag up to 15 loggerhead (Caretta 
caretta), 5 hawksbill (Eretmochelys imbricata), and 10 Kemp's ridley 
(Lepidochelys kempii) turtles at the Flower Garden Banks National 
Marine Sanctuary, Gulf of Mexico. Additionally, the applicant requested 
authorization to use ultrasonography, a non-invasive technique that 
allows imaging of a female turtle's ovaries, on captured turtles. The 
turtles are to be captured by

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hand using SCUBA and a catch bag. The purpose of the research is to 
collect information on habitat utilization, migration, and reproductive 
biology. On January 15, 1998, NMFS issued Permit 1106 authorizing the 
above activities.
    Notice was published on December 17, 1997 (62 FR 66053) that an 
application had been filed by Dr. Issac Wirgin, of Institute of 
Environmental Medicine - New York University Medical Center (1107) , to 
possess tissue samples of listed shortnose sturgeon (Acipenser 
brevirostrum) as authorized by the Endangered Species Act of 1973 (ESA) 
(16 U.S.C. 1531-1543) and NMFS regulations governing listed fish and 
wildlife permits (50 CFR parts 217-222). The purpose of the research is 
to determine if shortnose sturgeon exhibit genetic variation throughout 
their Atlantic coast range. The permit holder is not authorized to 
conduct any field collection exercises to obtain the samples. All of 
the samples must be obtained from previously authorized sources 
(permitted researchers, law enforcement authorities). All tissue 
samples will be maintained in a laboratory at the Institute of 
Environmental Medicine, New York University Medical Center.
    An amendment to FPC's scientific research permit 822 was issued on 
February 10, 1998. Permit 822 authorizes FPC takes of endangered and 
threatened Snake River salmon associated with the Smolt Monitoring 
Program (SMP), conducted in part at the dams on the Snake and Columbia 
Rivers. The amendment provides an extension of the permit through 
December 31, 1998. On December 29, 1997, the permit was extended to 
expire on May 31, 1998 (63 FR 2364). An additional extension of permit 
822 is necessary to synchronize the duration of the permit with permit 
895, the permit that authorizes the U.S. Army Corps of Engineers 
(Corps) takes of ESA-listed species associated with the Federal 
Columbia River Power System (FCRPS) juvenile fish transportation 
program (Permit 895 expires on December 31, 1998). Since the SMP is 
integral to the implementation of the FCRPS biological opinion, the 
coordination of these two permits will allow NMFS to better monitor the 
cumulative impacts to ESA-listed species as a consequence of activities 
conducted by both FPC and the Corps.
    Amendments to scientific research/enhancement permits 847 and 848 
were issued on February 6, 1998. The amendments provide an extension of 
the duration of each permit through June 30, 1998. The permits were due 
to expire on March 31, 1998. Permits 847 and 848 authorize ODFW and 
WDFW respectively takes of adult and juvenile, threatened, Snake River 
spring/summer chinook salmon (Oncorhynchus tshawytscha) associated with 
hatchery supplementation programs. Extensions of the permits are 
necessary to allow ODFW and WDFW to continue enhancement activities 
while NMFS processes applications for new permits.

    Dated: February 10, 1998.
Patricia A. Montanio,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 98-4213 Filed 2-18-98; 8:45 am]
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