[Federal Register Volume 63, Number 103 (Friday, May 29, 1998)]
[Notices]
[Pages 29382-29386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14247]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 052298A]


Endangered Species; Permits

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

ACTION: Receipt of applications for scientific research permits (1142, 
1152, 1154) and for modifications to scientific research permits (900, 
946, 964, 994, 996); Issuance of scientific research permits (1050, 
1060, 1071, 1074, 1091, 1097, 1105), modifications to scientific 
research permits (900, 1030, 1035, 1036, 1079, 1104) and an amendment 
to a scientific research permit (844).

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SUMMARY: Notice is hereby given of the following actions regarding 
permits for takes of endangered and threatened species for the purposes 
of scientific research and/or enhancement: NMFS has received permit 
applications from: Fish Ecology Division of the Northwest Fisheries 
Science Center, NMFS at

[[Page 29383]]

Seattle, WA (NWFSC) (1142), the Oregon Department of Fish and Wildlife 
at La Grande, OR (ODFW) (1152) and NWFSC (1154); NMFS has received 
applications for modifications to existing permits from: NWFSC (900, 
946, 964), the Idaho Cooperative Fish and Wildlife Research Unit at 
Moscow, ID (ICFWRU) (994), and the U.S. Army Corps of Engineers at 
Walla Walla, WA (Corps) (996); NMFS has issued permits subject to 
certain conditions set forth therein, to: ENTRIX, Inc. (1050), Simpson 
Timber Company (STC) (1060), U.S.D.A., Forest Service (USFS) (1071), 
Pacific Lumber Company (PLC) (1074), Santa Ynez River Technical 
Advisory Committee (SYRTAC) (1091), Resource Management International 
(RMI) (1097), and Hagar Environmental Science (HES) (1105); NMFS has 
issued modifications to scientific research permits to: NWFSC (900), 
Sarah V. Mitchell, of Gray's Reef National Marine Sanctuary (1030), the 
U.S. Geological Survey at Cook, WA (USGS) (1035, 1036), Pacific Coast 
Federation of Fishermen's Associations (PCFFA) (1075), Georgia-Pacific 
West Inc. (GPWI) (1079), and Louisiana-Pacific Corporation (LPC) 
(1104); and NMFS has issued an amendment to a scientific research 
permit to the Idaho Department of Fish and Game at Boise, ID (IDFG) 
(844).
DATES: Written comments or requests for a public hearing on any of the 
applications must be received on or before June 28, 1998.

ADDRESSES: The applications and related documents are available for 
review in the following offices, by appointment:
    For permits 844, 900, 946, 964, 994, 996, 1035, 1036, 1142, and 
1152: Protected Resources Division (PRD), F/NWO3, 525 NE Oregon Street, 
Suite 500, Portland, OR 97232-4169 (503-230-5400).
    For permits 1050, 1060, 1071, 1074, 1079, 1091, 1097, 1104, 1105, 
and 1154: Protected Species Division, NMFS, 777 Sonoma Avenue, Room 
325, Santa Rosa, CA 95404-6528 (707-575-6066).
    For permit 1030: Director, Southeast Region, NMFS, NOAA, 9721 
Executive Center Drive, St. Petersburg, FL 33702-2432 (813-893-3141).
    All documents may also be reviewed by appointment in the Office of 
Protected Resources, F/PR3, NMFS, 1315 East-West Highway, Silver 
Spring, MD 20910-3226 (301-713-1401).

FOR FURTHER INFORMATION CONTACT: For permits 844, 900, 946, 964, 994, 
996, 1035, 1036, 1124, 1127, 1142, and 1152: Robert Koch, Portland, OR 
(503-230-5424).
    For permits 1050, 1060, 1071, 1074, 1079, 1091, 1097, 1104, 1105, 
and 1154: Thomas Hablett, Protected Resources Division, (707-575-6066).
    For permit 1030: Michelle Rogers, Endangered Species Division, 
Silver Spring, MD (301-713-1401).

SUPPLEMENTARY INFORMATION:

Authority

    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 below 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.

Species Covered in This Notice

    The following species are covered in this notice: chinook salmon 
(Oncorhynchus tshawytscha), coho salmon (Oncorhynchus kisutch), 
Loggerhead sea turtle (Caretta caretta), sockeye salmon (Oncorhynchus 
nerka), and steelhead trout (Oncorhynchus mykiss).
    To date, protective regulations for threatened Snake River 
steelhead and threatened lower Columbia River steelhead under section 
4(d) of the ESA have not been promulgated by NMFS. This notice of 
receipt of applications requesting takes of these species is issued as 
a precaution in the event that NMFS issues protective regulations that 
prohibit takes of Snake River steelhead and lower Columbia River 
steelhead. The initiation of a 30-day public comment period on the 
applications, including their proposed takes of Snake River steelhead 
and lower Columbia River (LCR) steelhead, does not presuppose the 
contents of the eventual protective regulations.

New Applications Received

    NWFSC (1142) requests a one-year permit that would authorize takes 
of juvenile, endangered, Snake River sockeye salmon; juvenile, 
threatened, naturally produced and artificially propagated, Snake River 
spring/summer chinook salmon; adult and juvenile, endangered, naturally 
produced and artificially propagated, upper Columbia River (UCR) 
steelhead; and adult and juvenile, threatened, Snake River steelhead 
associated with a study designed to evaluate the effects of the new 
juvenile bypass/sampling facility at John Day Dam (located on the lower 
Columbia River) on migrating salmonids. The information will be used to 
identify and correct any problem areas associated with the bypass 
system with the ultimate goal of increasing juvenile salmonid survival 
at the dam. ESA-listed juvenile fish are proposed to be captured, 
handled, and released while obtaining non-listed fish for the study. A 
lethal take of ESA-listed juvenile fish is requested to determine how 
the facility affects fish physiology. In addition, ESA-listed adult 
steelhead fallbacks are proposed to be captured, marked with a visible 
external identifier, released above the dam, recaptured at or below the 
dam, examined, and released to evaluate the facility for adult salmonid 
passage. ESA-listed juvenile fish indirect mortalities associated with 
the scientific research activities are also requested.
    ODFW (1152) requests a five-year permit that would authorize takes 
of adult and juvenile, threatened, naturally produced, Snake River 
spring/summer chinook salmon and adult and juvenile, threatened, Snake 
River steelhead associated with scientific research conducted in the 
Grande Ronde and Imnaha River Basins in the state of OR. ODFW proposes 
to conduct ten research tasks: (1) Spring chinook salmon spawning 
ground surveys, (2) spring chinook salmon early life history, (3) 
habitat and fish inventory surveys, (4) passage and irrigation 
screening, (5) steelhead kelt rejuvenation, (6) steelhead straying 
study, (7) anadromous versus resident life history strategy in 
steelhead, (8) monitoring of residual hatchery steelhead, (9) steelhead 
spawning ground surveys, and (10) Lookingglass Creek spring chinook 
salmon reintroduction study. ODFW proposes to observe/harass ESA-listed 
fish during surveys and redd counts and to employ seines, traps, and 
electrofishing to capture ESA-listed fish

[[Page 29384]]

to acquire biological information or to apply passive integrated 
transponders, jaw tags, opercular marks, or other marks for migration 
studies. A lethal take of ESA-listed adult steelhead is requested. ESA-
listed fish indirect mortalities associated with the scientific 
research activities are also requested.
    NWFSC (1154) requests a five-year permit for takes of juvenile, 
threatened, southern Oregon/northern California coast (SONCC) coho 
salmon associated with the National Wild Fish Health Survey in the 
Klamath River, within the California portion of the Evolutionarily 
Significant Unit (ESU). The study consists of the capture and 
intentional killing of ESA-listed juveniles for a tissues analysis of 
bacterial and parasitic pathogens in the species. Direct mortalities of 
50 juvenile coho salmon annually are requested.

Modification Requests Received

    NWFSC requests modification 6 to permit 900. Permit 900 authorizes 
NWFSC annual takes of juvenile, endangered, Snake River sockeye salmon; 
juvenile, threatened, naturally produced and artificially propagated, 
Snake River spring/summer chinook salmon; juvenile, threatened, Snake 
River fall chinook salmon ; and juvenile, endangered, naturally 
produced and artificially propagated, UCR steelhead associated with 
three studies designed to determine the relative survival of migrating 
juvenile salmonids at hydropower dams and reservoirs on the Snake and 
Columbia Rivers in the Pacific Northwest. For modification 6, NWFSC 
requests an increase in the takes of ESA-listed juvenile fish 
associated with The Dalles Dam survival study. Actual field conditions 
to date in 1998 indicate that NWFSC underestimated the amount of ESA-
listed fish takes needed to validate the study. ESA-listed juvenile 
fish are proposed to be captured at Bonneville Dam on the Columbia 
River, handled, and released while collecting non-listed fish for the 
study or captured at Bonneville Dam, tagged with passive integrated 
transponders (PIT), transported to The Dalles Dam, and released above 
the dam. ESA-listed juvenile fish that are PIT-tagged are subsequently 
proposed to be automatically detected in the juvenile fish bypass 
systems of Bonneville Dam without further handling. An associated 
increase in ESA-listed juvenile fish indirect mortalities are 
requested. Modification 6 is requested to be valid for the duration of 
the permit. Permit 900 expires on December 31, 1999.
    NWFSC requests modification 5 to permit 946. Permit 946 authorizes 
NWFSC annual takes of juvenile, endangered, Snake River sockeye salmon; 
adult and juvenile, threatened, naturally produced and artificially 
propagated, Snake River spring/summer chinook salmon; juvenile, 
threatened, Snake River fall chinook salmon; and juvenile, endangered, 
naturally produced and artificially propagated, UCR steelhead 
associated with two scientific research studies. The studies are 
designed to assess the migration timing and relative survival of 
chinook salmon smolts transported by barge to below Bonneville Dam with 
the survival to adulthood of smolts migrating volitionally inriver to 
Bonneville Dam and to the mouth of the Columbia River. For modification 
5, NWFSC requests an increase in the takes of ESA-listed juvenile fish 
associated with both studies. Actual field conditions to date in 1998 
indicate that NWFSC underestimated the amount of ESA-listed fish takes 
needed to complete the studies. An associated increase in ESA-listed 
juvenile fish indirect mortalities are requested. Modification 5 is 
requested to be valid for the duration of the permit. Permit 946 
expires on December 31, 1999.
    NWFSC requests modification 1 to permit 964. Permit 964 authorizes 
NWFSC annual takes of juvenile, endangered, Snake River sockeye salmon; 
juvenile, threatened, Snake River fall chinook salmon; and juvenile, 
threatened, naturally produced and artificially propagated, Snake River 
spring/summer chinook salmon associated with a study designed to 
compare the adult recoveries of run-of-the-river subyearling chinook 
salmon transported around the hydropower dams on the Columbia River 
versus those migrating inriver. For modification 1, NWFSC requests 
annual takes of juvenile, endangered, naturally produced and 
artificially propagated, UCR steelhead and juvenile, threatened, Snake 
River steelhead associated with the research. ESA-listed juvenile 
steelhead are proposed to be captured at McNary Dam on the Columbia 
River, handled, and released while collecting subyearling chinook 
salmon for the study. ESA-listed juvenile steelhead indirect 
mortalities are requested. Modification 1 is requested to be valid for 
the duration of the permit. Permit 964 expires on December 31, 1999.
    ICFWRU requests modification 4 to scientific research permit 994. 
Permit 994 authorizes ICFWRU annual takes of adult, ESA-listed, Snake 
River salmon associated with a study designed to assess the passage 
success of migrating adult salmonids at the four dams and reservoirs in 
the lower Columbia River, evaluate adult fish responses to specific 
flow and spill conditions, and evaluate measures to improve adult fish 
passage. For modification 4, ICFWRU requests annual takes of adult, 
endangered, UCR steelhead; adult, threatened, Snake River steelhead; 
and adult, threatened, LCR steelhead associated with a new study 
designed to determine the effects of transporting steelhead smolts on 
the homing of returning adults. ESA-listed adult steelhead are proposed 
to be captured at Bonneville Dam on the Columbia River, fitted with 
radio transmitters and identifier tags, and released. Once returned to 
the river, ESA-listed adult fish will be tracked electronically to 
hatcheries and spawning grounds. Modification 4 is requested to be 
valid for the duration of the permit. Permit 994 expires on December 
31, 2000.
    The Corps requests modification 1 to scientific research permit 
996. Permit 996 authorizes the Corps annual takes of juvenile, 
endangered, Snake River sockeye salmon; juvenile, threatened, naturally 
produced and artificially propagated, Snake River spring/summer chinook 
salmon; and juvenile, threatened, Snake River fall chinook salmon 
associated with a study designed to monitor the operation of the 
juvenile fish bypass system at Ice Harbor Dam on the Snake River in WA. 
For modification 1, the Corps requests authorization for a take of 
juvenile, threatened, Snake River steelhead associated with the 
research. ESA-listed juvenile steelhead are proposed to be captured, 
examined, and released. ESA-listed juvenile steelhead indirect 
mortalities associated with the research are requested. Modification 1 
is requested to be valid for the duration of the permit. Permit 996 
expires on December 31, 2000.

Permits, Modifications, and Amendment Issued

    On April 30, 1998, NMFS issued an amendment of IDFG's incidental 
take permit 844. The amendment provides an extension of the duration of 
the permit through December 31, 1998. The permit was due to expire on 
April 30, 1998. Permit 844 authorizes IDFG an incidental take of adult 
and juvenile, threatened, Snake River spring/summer chinook salmon and 
adult, threatened, Snake River fall chinook salmon associated with the 
state of Idaho's sport-fishing program. An extension of permit 844 will 
allow IDFG to manage sport-fishing activities in Idaho in 1998 while 
NMFS processes IDFG's application for a new permit. NMFS determined 
that the current permit adequately addresses the incidental take

[[Page 29385]]

of ESA-listed species associated with recreational fisheries in the 
state.
    Notice was published on March 24, 1998 (63 FR 14069) that an 
application had been filed by NWFSC for modification 5 to scientific 
research permit 900. Modification 5 to permit 900 was issued to NWFSC 
on May 8, 1998. Permit 900 authorizes NWFSC annual takes of juvenile, 
endangered, Snake River sockeye salmon; juvenile, threatened, naturally 
produced and artificially propagated, Snake River spring/summer chinook 
salmon; and juvenile, threatened, Snake River fall chinook salmon 
associated with three studies designed to determine the relative 
survival of migrating juvenile salmonids at hydropower dams and 
reservoirs on the Snake and Columbia Rivers in the Pacific Northwest. 
For modification 5, NWFSC is authorized an increase in the takes of 
ESA-listed juvenile fish associated with one of the studies. Also for 
modification 5, NWFSC is authorized an annual take of juvenile, 
endangered, naturally produced and artificially propagated, upper 
Columbia River steelhead associated with the research. Modification 5 
is valid for the duration of the permit. Permit 900 expires on December 
31, 1999.
    On March 18, 1998, Sarah V. Mitchell of Gray's Reef National Marine 
Sanctuary, applied for a modification to permit 1030 to take listed 
loggerhead sea turtles for examination, tagging, observation, 
collection of morphometric measurements, and release. The purpose of 
the authorized research, as stated in the permit application, is to 
investigate population trends, migrations, habitat, and diving behavior 
of loggerhead turtles in the waters of the Gray's Reef National Marine 
Sanctuary. Ms. Mitchell requested a modification to permit 1030 to 
allow for the attachment of radio and sonic tags to turtles captured 
pursuant to her research permit. Notice is hereby given that on May 21, 
1998, NMFS issued modification 2 to permit 1030 as requested.
    Notice was published on March 6, 1998 (63 FR 11222) that an 
application had been filed by USGS for modification 1 to scientific 
research permit 1035. Modification 1 to permit 1035 was issued to USGS 
on May 8, 1998. Permit 1035 authorizes USGS an annual take of juvenile, 
threatened, artificially propagated, Snake River spring/summer chinook 
salmon associated with a study designed to monitor total dissolved gas 
symptoms on juvenile salmonids. For modification 1, USGS is authorized 
an annual take of juvenile, endangered, artificially propagated, UCR 
steelhead and an increase in the annual take of juvenile, ESA-listed, 
artificially propagated, Snake River spring/summer chinook salmon 
associated with the study. Modification 1 is valid for the duration of 
the permit. Permit 1035 expires on December 31, 1999.
    Notice was published on March 6, 1998 (63 FR 11222) that an 
application had been filed by USGS for modification 1 to scientific 
research permit 1036. Modification 1 to permit 1036 was issued to USGS 
on May 8, 1998. Permit 1036 authorizes USGS an annual take of adult and 
juvenile, threatened, Snake River fall chinook salmon and juvenile, 
threatened, naturally produced and artificially propagated, Snake River 
spring/summer chinook salmon associated with a study designed to 
determine the post-release attributes and survival of hatchery and 
natural fall chinook salmon in the Snake River. For modification 1, 
USGS is authorized an increase in the takes of ESA-listed salmon 
juveniles and an annual take of juvenile, endangered, naturally 
produced and artificially propagated, UCR steelhead associated with the 
research. Modification 1 is valid for the duration of the permit. 
Permit 1036 expires on December 31, 2001.
    Notice was published on September 24, 1997 (62 FR 49961) that an 
application had been filed by ENTRIX for a modification to a scientific 
research permit. Modification 1 to permit 1050 was issued to ENTRIX on 
March 12, 1998. Permit 1050 authorizes takes of of adult and juvenile, 
threatened, central California coast (CCC) coho salmon associated with 
fish population and habitat studies throughout the ESU. ESA-listed fish 
may be captured, handled, and released. Indirect mortalities are also 
authorized. The modification authorizes takes of adult and juvenile, 
threatened, SONCC coho salmon associated with fish population and 
habitat studies throughout the California portion of the ESU. ESA-
listed fish may be observed or captured, handled, and released. 
Indirect mortalities are also authorized. The modification authorizes 
takes of adult and juvenile, endangered, southern California steelhead 
associated with fish population and habitat studies throughout the ESU. 
ESA-listed fish may be captured, handled, and released. Indirect 
mortalities are also authorized. Modification 1 is valid for the 
duration of the permit. Permit 1050 expires on June 30, 2002.
    Notice was published on December 17, 1997 (62 FR 66053) that an 
application had been filed by STC for a scientific research permit. 
Permit 1060 was issued to STC on March 23, 1998. Permit 1060 authorizes 
takes of adult and juvenile, threatened, SONCC coho salmon associated 
with fish population and habitat studies within the California portion 
of the ESU. ESA-listed fish will be captured, handled, and released. 
Indirect mortalities associated with the research are also authorized. 
Permit 1060 expires on June 30, 2003.
    Notice was published on November 28, 1997 (62 FR 63317) that an 
application had been filed by USFS for a scientific research permit. 
Permit 1071 was issued to USFS on May 18, 1998. Permit 1071 authorizes 
takes of juvenile, threatened, SONCC coho salmon associated with fish 
population and habitat studies within the California portion of the 
ESU. ESA-listed fish will be captured, handled, and released. Indirect 
mortalities associated with the research are also authorized. Permit 
1071 expires on June 30, 2003.
    Notice was published on January 13, 1998 (63 FR 2364) that an 
application had been filed by PLC for a scientific research permit. 
Permit 1074 was issued to PLC on May 13, 1998. Permit 1074 authorizes 
takes of adult and juvenile, threatened, SONCC coho salmon associated 
with fish population and habitat studies within the California portion 
of the ESU. ESA-listed fish will be captured, handled, and released. 
Indirect mortalities associated with the research are also authorized. 
Permit 1074 expires on June 30, 2003.
    Notice was published on January 13, 1998 (63 FR 2364) that an 
application had been filed by PCFFA for a scientific research permit. 
Permit 1075 was issued to PCFFA on May 19, 1998. Permit 1075 authorizes 
takes of adult and juvenile, threatened, SONCC coho salmon associated 
with fish population and habitat studies within the California portion 
of the ESU. ESA-listed fish will be captured, handled, and released. 
Indirect mortalities associated with the research are also authorized. 
Permit 1075 expires on June 30, 2003.
    Notice was published on November 5, 1997 (62 FR 59848) that an 
application had been filed by GPWI for a modification to a scientific 
research permit. Modification 1 to permit 1079 was issued to GPWI on 
May 12, 1998. Permit 1079 authorizes takes of of juvenile, threatened, 
CCC coho salmon associated with fish population and habitat studies 
throughout the ESU. ESA-listed fish may be captured, handled, and 
released. Indirect mortalities are also authorized. The modification 
authorizes takes of juvenile, threatened, SONCC coho salmon associated 
with fish population and habitat studies throughout the

[[Page 29386]]

California portion of the ESU. ESA-listed fish may be observed or 
captured, handled, and released. Indirect mortalities are also 
authorized. Modification 1 is valid for the duration of the permit. 
Permit 1079 expires on June 30, 2002.
    Notice was published on November 17, 1997 (62 FR 61295) that an 
application had been filed by SYRTAC for a scientific research permit. 
Permit 1091 was issued to SYRTAC on March 23, 1998. Permit 1091 
authorizes takes of adult and juvenile, endangered, southern California 
steelhead associated with fish population and habitat studies within 
the ESU. ESA-listed fish will be captured, handled, and released. 
Indirect mortalities associated with the research are also authorized. 
Permit 1091 expires on June 30, 2003.
    Notice was published on November 17, 1997 (62 FR 61295) that an 
application had been filed by RMI for a scientific research permit. 
Permit 1097 was issued to RMI on May 11, 1998. Permit 1097 authorizes 
takes of adult and juvenile, threatened, CCC coho salmon, adult and 
juvenile, threatened, SONCC (in California only) coho salmon, and adult 
and juvenile, endangered, southern California steelhead associated with 
fish population and habitat studies throughout the ESUs. ESA-listed 
fish will be captured, handled, and released. Indirect mortalities 
associated with the research are also authorized. Permit 1097 expires 
on June 30, 2003.
    Notice was published on November 17, 1997 (62 FR 61295) that an 
application had been filed by LPC for a modification to a scientific 
research permit. Modification 1 to permit 1104 was issued to LPC on May 
11, 1998. Permit 1104 authorizes takes of of adult and juvenile, 
threatened, CCC coho salmon associated with fish population and habitat 
studies throughout the ESU. ESA-listed fish may be captured, handled, 
and released. Indirect mortalities are also authorized. The 
modification authorizes takes of adult and juvenile, threatened, SONCC 
coho salmon associated with fish population and habitat studies 
throughout the California portion of the ESU. ESA-listed fish may be 
observed or captured, handled, and released. Indirect mortalities are 
also authorized. Modification 1 is valid for the duration of the 
permit. Permit 1104 expires on June 30, 2002.
    Notice was published on November 17, 1997 (62 FR 61295) that an 
application had been filed by HES for a scientific research permit. 
Permit 1105 was issued to HES on May 11, 1998. Permit 1105 authorizes 
takes of adult and juvenile, threatened, CCC coho salmon, adult and 
juvenile, threatened, SONCC (in California only) coho salmon, and adult 
and juvenile, endangered, southern California steelhead associated with 
fish population and habitat studies throughout the ESUs. ESA-listed 
fish will be captured, handled, and released. Indirect mortalities 
associated with the research are also authorized. Permit 1105 expires 
on June 30, 2003.

    Dated: May 22, 1998.
Patricia A. Montanio,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 98-14247 Filed 5-28-98; 8:45 am]
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