[Federal Register Volume 64, Number 57 (Thursday, March 25, 1999)]
[Notices]
[Pages 14432-14435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7348]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 031899C]


Endangered Species; Permits

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

ACTION: Receipt of applications for permits (1201, 1204, 1205, 1206, 
1207, 1208, 1209, 1210, 1211, 1212, 1213); receipt of applications to 
modify permits (1038, 1048, 1050, 1060, 1131, 1141, 1166, 1181); and 
issuance of permits (1190, 1193).

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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: Dr. Thane Wibbels, of the University of Alabama at 
Birmingham (TW-UAB)(1201), the East Bay Municipal Utility District in 
Orinda, CA (EBMUD) (1204),
    Oregon Department of Environmental Quality in Portland, OR (ODEQ) 
(1205), United States Forest Service, Klamath National Forest in Fort 
Jones, CA (USFS) (1206), Camm Swift, of Arcadia, CA (SWIFT) (1207), 
Robert Leidy, of San Francisco, CA (LEIDY) (1208), Mr. Ken Alfieri, of 
Cypress Gardens, FL (KA-CG) (1209), Mr. John Ritgers, NMFS Northeast 
Region (NER) (1210), East Bay Regional Park District, in Oakland, CA 
(EBRPD) (1211), and the Fish Ecology Division of the Northwest 
Fisheries Science Center, NMFS at Seattle, WA (NWFSC) (1212, 1213); 
NMFS has received applications for modifications to existing permits 
from: Trihey & Associates, Inc., of Walnut Creek, CA (TRIHEY) (1038), 
Sonoma County Water Agency, in Santa Rosa, CA (SCWA) (1048), Entrix, 
Inc., in Walnut Creek, CA (ENTRIX) (1050), Simpson Timber Company, in 
Korbel, CA (STC) (1060), the Port of Portland at Portland, OR (POP) 
(1131), the Public Utility District Number 2 of Grant County in 
Ephrata, WA (PUD GC)(1141), Alice A Rich and Associates (AAR) San 
Anselmo, CA (1166), and Mendocino Redwood Company (MRC) in Capella, CA 
(1181); and NMFS has issued permits to Charles Karnella, of the Pacific 
Islands Area Office, NMFS Southwest Region (SWR-PIAO) (1190), and the 
Fish Passage Center, in Portland, OR (FPC) (1193).

DATES: Written comments or requests for a public hearing on any of the 
new applications or modification requests must be received on or before 
April 26, 1999.
ADDRESSES: The applications and related documents are available for 
review in the following offices, by appointment:
    For permit 1209: Protected Resources Division, F/SER3, 9721 
Executive Center Dr., St. Petersburg, FL 33702-2432 (813-570-5312).
    For permits 1131, 1141, 1193, 1205, 1212, 1213: Protected Resources 
Division, F/NWO3, 525 NE Oregon Street, Suite 500, Portland, OR 97232-
4169 (503-230-5400).
    For permits 1038, 1048, 1050, 1060, 1166, 1181 1204, 1206, 1207, 
1208, 1211: Protected Species Division, NMFS, 777 Sonoma Avenue, Room 
325, Santa Rosa, CA 95404-6528 (707-575-6066).
    For permits 1190, 1201, 1210: Office of Protected Resources, 
Endangered Species Division, F/PR3, 1315 East-West Highway, Silver 
Spring, MD 20910 (301-713-1401).
    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 permit 1209: Terri Jordan, Silver 
Spring, MD (301-713-1401).
    For permits 1190, 1201, 1210: Karen Salvini, Silver Spring, MD 
(301-713-1401).
    For permits 1038, 1048, 1050, 1060, 1166, 1181 1204, 1206, 1207, 
1208, 1211: Dan Logan, Protected Resources Division, Santa Rosa, CA 
(707-575-6053).
    For permit 1193: Leslie Schaeffer, Portland, OR (503-230-5433).
    For permits 1131, 1212, 1213: Robert Koch, Portland, OR (503-230-
5424).
    For permits 1141, 1205: Tom Lichatowich, Portland, OR (503-230-
5438).

SUPPLEMENTARY INFORMATION:

Authority

    Issuance of permits and permit modifications, as required by the 
ESA, is based on a finding that such permits/modifications: (1) Are 
applied for in

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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. 
Authority to take listed species is subject to conditions set forth in 
the permits. Permits and modifications are issued in accordance with 
and are subject to 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 217-227).
    Those individuals requesting a hearing on an application listed in 
this notice should set out the specific reasons why a hearing on that 
application would be appropriate (see ADDRESSES). 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.

Species Covered in this Notice

    The following species and evolutionarily significant units (ESU's) 
are covered in this notice:
    1. Green turtle (Chelonia mydas), Hawksbill turtle (Eretmochelys 
imbricata), Kemp's ridley turtle (Lepidochelys kempii), Leatherback 
turtle (Dermochelys coriacea), Loggerhead turtle (Caretta caretta), 
Olive ridley sea turtle (Lepidochelys olivacea), Shortnose sturgeon 
(Acipenser brevirostrum).
    2. Chinook salmon (Oncorhynchus tshawytscha): Snake River (SnR) 
spring/summer, SnR fall, Upper Columbia River (UCR) spring.
    3. Coho salmon (Oncorhynchus kisutch): Central California Coast 
(CCC), Southern Oregon/Northern California coast (SONCC).
    4. Sockeye salmon (Oncorhynchus nerka): SnR.
    5. Steelhead trout (Oncorhynchus mykiss): California Central Valley 
(CV), CCC, Lower Columbia River (LCR), SnR, Southern California coast 
(SoCC), South-Central California coast (SCCC), UCR.
    To date, protective regulations for threatened LCR steelhead under 
section 4(d) of the ESA have not been promulgated by NMFS. This notice 
of receipt of applications requesting takes of LCR steelhead is issued 
as a precaution in the event that NMFS issues LCR steelhead protective 
regulations. The initiation of a 30-day public comment period on the 
applications, including their proposed takes of LCR steelhead, does not 
presuppose the contents of the eventual protective regulations.

New Applications Received

    TW-UAB (1201) requests a 2-year permit to authorize takes of 
juvenile green, Kemp's ridley, and loggerhead sea turtles in the 
estuaries of Alabama, while conducting studies to potentially identify 
specific foraging areas. TW-UAB proposes to: (1) Identify potential 
foraging areas by conducting sampling surveys, and measuring and 
tagging all captured turtles, (2) perform radio tracking on some of the 
turtles to determine short term movements, home range, and identify 
foraging areas, (3) collect samples of fecal and stomach materials in 
order to identify and document the diets of juvenile turtles, and (4) 
collect blood samples to estimate the sex ratio.
    EBMUD (1204) requests a 5-year permit to authorize takes of adult 
and juvenile, threatened, steelhead associated with fish population, 
migration, growth studies, dietary studies, and spawning studies within 
the CCC steelhead ESU. The applicant is requesting the intentional 
killing of targeted ESA-listed juveniles for a dietary studies; direct 
mortalities of 120 CCC juvenile steelhead annually are requested.
    ODEQ (1205) requests a 5-year permit to authorize annual takes of 
juvenile, threatened, SONCC coho salmon and juvenile, threatened, LCR 
steelhead associated with water quality assessment studies in western 
Oregon. ODEQ proposes to capture juvenile fish in the Rogue River Basin 
and tributaries of the LCR with backpack electrofishing equipment; 
anesthetize them; collect biological information; tag a subsample; and 
release them. Data collected from these studies will be valuable in 
assessing the productivity status of these streams and the 
effectiveness of measures being taken to restore fish populations. 
Indirect mortalities of ESA-listed juvenile fish associated with the 
scientific research activities are also requested.
    USFS (1206) requests a 5-year permit to authorize takes of 
juvenile, threatened, coho salmon associated with presence/absence and 
migration studies within the SONCC coho salmon ESU.
    SWIFT (1207) requests a 5-year permit to authorize takes of adult 
and juvenile, endangered, steelhead associated with presence/absence 
studies throughout the SoCC steelhead ESU, and threatened, steelhead 
associated with presence/absence studies throughout the CCC and SCCC 
steelhead ESUs.
    LEIDY (1208) requests a 5-year permit to authorize takes of adult 
and juvenile, threatened, steelhead associated with presence/absence 
surveys throughout the CV, CCC, SCCC steelhead ESUs, endangered, 
steelhead associated with presence/absence studies throughout the SoCC 
steelhead ESU, and threatened, coho salmon associated with presence/
absence studies throughout the CCC coho salmon ESU.
    KA-CG (1209) requests a 5-year permit to authorize maintenance of a 
population of six to eight shortnose sturgeon in a captive environment 
for educational purposes. This application meets Recovery Task 2.5 C 
concerning public education and raising public awareness of sturgeon 
issues.
    NER (1210) requests a five-year research/enhancement permit to take 
listed green, Kemp's ridley, leatherback, and loggerhead sea turtles. 
The purpose of the activities will be to aid sick, injured, entangled, 
or stranded sea turtles through the activities of the Northeast 
Regional Stranding Network. The turtles will be collected 
opportunistically at sea and on coastal beaches from the Canadian 
border through Virginia. If possible, the turtles will be 
rehabilitated, tissue and blood sampled, tagged, and released in the 
area of collection; dead specimens will be used for scientific research 
or education.
    EBRPD (1211) requests a 5-year permit to authorize takes of adult 
and juvenile, threatened, steelhead associated with presence/absence 
and migration studies within the CCC steelhead ESU. The applicant also 
requests minor takes of eggs from areas that are unsuitable for 
successful reproduction, to hatch the eggs and rear the juveniles in 
public school classrooms, and release the juveniles to their parent 
streams within the CCC steelhead ESU.
    NWFSC (1212) requests a 5-year permit to authorize takes of 
juvenile, endangered, SnR sockeye salmon ; juvenile, threatened, 
naturally produced and artificially propagated, SnR spring/summer 
chinook salmon; juvenile, threatened, SnR fall chinook salmon; 
juvenile, endangered, naturally produced and artificially propagated, 
UCR steelhead; juvenile, threatened, SnR steelhead; and juvenile, 
endangered, naturally produced and artificially propagated, UCR spring 
chinook salmon associated with four studies at the hydropower dams on 
the Snake and Columbia Rivers in the Pacific Northwest. The goal of 
Study 1 is to provide up-to-date survival estimates of juvenile 
salmonids as they migrate past McNary Dam on the Columbia River. The 
goal of Study 2 is to evaluate the specific trouble areas in

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the juvenile fish bypass system at Lower Monumental Dam on the Snake 
River. The goal of Study 3 is to compare the performance of juvenile 
salmonids tagged with Sham radiotransmitters with juvenile salmonids 
tagged with passive integrated transponders (PIT) at Lower Granite Dam 
on the Snake River. The goal of Study 4 is to determine tailrace 
residence times of radio-tagged hatchery chinook salmon under varying 
operational conditions at Lower Monumental Dam and to identify spill 
conditions that utilize the smallest volumes of water to maximize fish 
passage efficiency at Ice Harbor Dam on the Snake River. The research 
will provide information that will be used to develop corrective 
measures to improve juvenile fish passage at the dams. ESA-listed 
juvenile fish are proposed to be captured, handled (examined or 
tagged), and released. ESA-listed juvenile fish indirect mortalities 
are also requested. The take authorization for Study 1 is requested to 
be valid for five years. The take authorization for Studies 2-4 is 
requested to be valid for 2 years.
    NWFSC (1213) requests a 1-year permit to authorize takes of 
juvenile, endangered, SnR sockeye salmon; juvenile, threatened, 
naturally produced and artificially propagated, SnR spring/summer 
chinook salmon; juvenile, threatened, SnR fall chinook salmon; 
juvenile, endangered, naturally produced and artificially propagated, 
UCR steelhead; juvenile, threatened, SnR steelhead; juvenile, 
threatened, LCR steelhead; and juvenile, endangered, naturally produced 
and artificially propagated, UCR spring chinook salmon associated with 
seven studies at the hydropower dams on the Snake and Columbia Rivers 
in the Pacific Northwest. The goal of Study 1 is to evaluate the 
extended length bar screen at Little Goose Dam on the Snake River. The 
goal of Study 2 is to evaluate a prototype separator at Ice Harbor Dam. 
The goal of Study 3 is to establish biological design criteria for the 
fish passage facility at McNary Dam. The goal of Study 4 is to evaluate 
an orifice shelter, an outlet-flow control device, and methods of 
debris control at McNary Dam. The goal of Study 5 is to evaluate the 
modified extended-length bar screens at John Day Dam on the Columbia 
River. The goal of Study 6 is to evaluate the juvenile fish bypass 
system at John Day Dam. The goal of Study 7 is to evaluate the modified 
juvenile fish bypass system at the second powerhouse of Bonneville Dam 
on the Columbia River. The research will provide information that will 
be used to develop corrective measures to improve juvenile fish passage 
at the dams. ESA-listed juvenile fish are proposed to be captured, 
handled (examined and fin-clipped or tagged with PITs or 
radiotransmitters), and released. ESA-listed juvenile fish indirect 
mortalities are requested. A lethal take of ESA-listed juvenile fish 
associated with Studies 5 and 7 are also requested.

Modification Requests Received

    TRIHEY requests modification 1 to permit 1038 for authorization to 
include takes of adult and juvenile, threatened, steelhead associated 
with presence/absence studies, fish population and habitat studies, and 
genetic studies throughout the CCC and CV steelhead ESUs for the 
duration of the permit which expires on June 30, 2002.
    SCWA requests modification 1 to permit 1048 for authorization to 
include takes of adult and juvenile, threatened, coho salmon associated 
with fish population and habitat studies throughout the Russian River 
Basin within the CCC coho ESU for the duration of the permit which 
expires on June 30, 2002.
    ENTRIX requests modification 1 to permit 1050 for authorization to 
include takes of adult and juvenile, threatened, steelhead associated 
with fish population and habitat studies throughout the CCC steelhead 
ESU for the duration of the permit which expires on June 30, 2002.
    STC requests modification 1 to permit 1060 for authorization to 
include takes of adult and juvenile, threatened, SONCC coho salmon 
associated with fish population, migration studies, and habitat studies 
in Little River Basin in Humboldt County, California for the duration 
of the permit which expires on June 30, 2003.
    POP requests modification 1 to permit 1131 for authorization of an 
increase in the take of juvenile, threatened, naturally produced and 
artificially propagated, SnR spring/summer chinook salmon and juvenile, 
threatened, SnR fall chinook salmon associated with research designed 
to determine the presence and distribution of fish in shallow water 
habitats between the lower end of Hayden Island and the Sandy River 
delta on the Columbia River. An associated increase in ESA-listed 
juvenile fish indirect mortalities are also requested. Modification 1 
is requested to be valid for the duration of the permit which expires 
on January 31, 2000.
    PUD GC requests modification 1 to permit 1141 for authorization of 
annual takes of adult and juvenile UCR spring chinook salmon associated 
with PUD GC's fish salvage operation and scientific research studies at 
Wanapum and Priest Rapids Dams located on the Columbia River in 
anticipation of a possible listing decision of this species by NMFS. 
PUD GC also requests takes of adult and juvenile, endangered, naturally 
produced and artificially propagated, UCR steelhead and adult and 
juvenile UCR spring chinook salmon associated with two additional 
research studies (studies 3 and 4). For Study 3, PUD GC proposes to 
evaluate the fish fauna in the Priest Rapids project area during 1999. 
Fish will be collected with electrofishing equipment, seines, gill nets 
and minnow traps; anesthetized; sampled for biological information; and 
released. Results from this study will be used to evaluate the status 
of listed and non-listed fish inhabiting the project area. For study 4, 
PUD GC proposes to assess the survival of juvenile, endangered, 
artificially propagated, UCR steelhead as they migrate past Wanapum and 
Priest Rapids Dams. Fish will be collected with dip nets at dam 
gatewells, anesthetized, tagged with radio tags, released downstream, 
and tracked electronically. The results from this study will provide 
dam operators with valuable information on the survival of ESA-listed 
steelhead in the UCR. Juvenile fish indirect mortalities associated 
with the proposed activities are also requested. Study 4 is requested 
to be valid for the duration of the permit which expires on December 
31, 2002.
    MRC requests modification 1 to permit 1181 for authorization to 
include takes of juvenile, threatened, coho salmon associated with fish 
migration studies in several watersheds within the CCC coho salmon ESU 
for the duration of the permit which expires on June 30, 2004.

Permits Issued

    Notice was published on January 4, 1999 (64 FR 148) that SWR-PIAO 
had requested a 5-year research permit. Permit 1190 was issued on March 
8, 1999, and authorizes takes of loggerhead, green, hawksbill, 
leatherback, and olive ridley sea turtles in the Pacific Basin 
associated with studies to determine take rates of sea turtles 
incidental to the Hawaiian longline fishery, and to determine the fate 
of sea turtles released alive after incidental capture. Permit 1190 
expires March 31, 2004.
    Notice was published on February 2, 1999 (64 FR 5030), that FPC had 
requested a 5-year research permit. Permit 1193 was issued on March 12, 
1999 and authorizes takes of juvenile, endangered, SnR sockeye

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salmon; juvenile, threatened, SnR fall chinook salmon; juvenile, 
threatened, artificially propagated and naturally produced, SnR spring/
summer chinook salmon; and juvenile, endangered, artificially 
propagated and naturally produced, UCR steelhead associated with the 
Smolt Monitoring Program (SMP). The objective of the SMP is to generate 
information on the migrational characteristics of various salmon and 
steelhead stocks in the Columbia River Basin, to provide advice on the 
implementation of flow and spill measures to improve fish passage 
conditions in the Snake and Columbia Rivers, to provide a long-term 
consistent database for year-to-year comparisons, and to monitor gas 
bubble trauma as required by the states' water quality agencies. Permit 
1193 expires on December 31, 2003.

    Dated: March 19, 1999.
Kevin Collins,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 99-7348 Filed 3-24-99; 8:45 am]
BILLING CODE 3510-22-F