[Federal Register Volume 64, Number 121 (Thursday, June 24, 1999)]
[Notices]
[Pages 33827-33829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16084]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 061699D]


Endangered Species; Permits

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

ACTION: Receipt of applications for scientific research permits (1121, 
1217); receipt of applications to modify scientific research permits 
(1075, 1167, 1213); issuance of scientific research and incidental take 
permits (1150, 1199, 1201, 1212, 1213); and modifications/amendments to 
existing scientific research and incidental take permits (1010, 1017, 
1120).

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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 David Salsbery, Santa 
Clara Valley Water District in San Jose, CA (SCVWD) (1121) and Dr. Mark 
Stromberg, Hastings Natural History Reservation in Carmel Valley, CA 
(MS-HNHR) (1217); NMFS has received applications for modifications to 
existing permits from: Mr. Harry Vaughn, Pacific Coast Federation of 
Fisherman's Associations in Miranda, CA (PCFFA)(1075), Dr. Peter Moyle, 
of the University of California at Davis (PM-UCD) (1167), and NMFS 
Northwest Fisheries Science Center in Seattle, WA (NWFSC) (1213); NMFS 
has issued permits to: Idaho Department of Fish and Game at Boise, ID 
(IDFG) (1150), Mr. Gerry Davis, of Guam Department of Agriculture (GD-
GDA)(1199), Dr. Thane Wibbels, of University of Alabama at Birmingham 
(TW-UAB)(1201), and NWFSC (1212 and 1213); and NMFS has issued 
modifications/amendments to scientific research permits to IDFG (1010 
and 1120) and Oregon Department of Fish and Wildlife at Portland, OR 
(ODFW)(1017).

DATES: Written comments or requests for a public hearing on any of the 
new applications or modification requests must be received on or before 
July 26, 1999.

ADDRESSES: The applications and related documents are available for 
review in the following offices, by appointment:
    For permits 1010, 1017, 1120, 1150, 1212, 1213: Protected Resources 
Division, F/NWO3, 525 NE Oregon Street, Suite 500, Portland, OR 97232-
4169 (503-230-5400).
    For permits 1075, 1121, 1167, 1217: Protected Species Division, 
NMFS, 777 Sonoma Avenue, Room 325, Santa Rosa, CA 95404-6528 (707-575-
6066).
    For permits 1199, 1201: Office of Protected Resources, Endangered 
Species Division, F/PR3, 1315 East-West Highway, Silver Spring, MD 
20910 (301-713-1401).

FOR FURTHER INFORMATION CONTACT:
    For permits 1199, 1201: Terri Jordan, Silver Spring, MD (301-713-
1401).
    For permits 1075, 1121, 1167, 1217: Dan Logan, Protected Resources 
Division, Santa Rosa, CA (707-575-6053).
    For the permit 1213: Leslie Schaeffer, Portland, OR (503-230-5433).
    For permits 1010, 1017, 1120, 1150, 1212: Robert Koch, Portland, OR 
(503-230-5424).

SUPPLEMENTARY INFORMATION:

Authority

    Issuance of permits and permit modifications, as required by the 
Endangered Species Act of 1973 (16 U.S.C. 1531-1543) (ESA), is based on 
a finding that such permits/modifications: (1) Are 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. 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 ESA and NMFS regulations governing listed fish and wildlife 
permits (50 CFR parts 222-226).
    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 the permit 
action summaries 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:

Sea Turtles

    Threatened Green turtle (Chelonia mydas), endangered Hawksbill 
turtle (Eretmochelys imbricata), endangered Kemp's ridley turtle 
(Lepidochelys kempii), threatened Loggerhead turtle (Caretta caretta).

Fish

    Chinook salmon (Oncorhynchus tshawytscha): threatened Snake River 
(SnR) fall, threatened SnR spring/summer, endangered upper Columbia 
River (UCR) spring.
    Coho salmon (Oncorhynchus kisutch): threatened Southern Oregon/
Northern California coast (SONCC).
    Cutthroat trout (Oncorhynchus clarki clarki): endangered Umpqua 
River UmR.
    Sockeye salmon (Oncorhynchus nerka): endangered SnR.
    Steelhead trout (Oncorhynchus mykiss): threatened Central Valley 
(CV), threatened Central California coast (CCC), threatened South-
Central California coast (SCCC), endangered UCR.
    To date, protective regulations for threatened CV, CCC, or SCCC 
steelhead under section 4(d) of the ESA have been not promulgated by 
NMFS. This notice of receipt of applications requesting takes of CV, 
CCC, and SCCC steelhead is issued as a precaution in the event that 
NMFS issues CV, CCC, or SCCC steelhead protective regulations. The 
initiation of a 30-day public comment period on the applications, 
including their proposed takes of CV, CCC, and SCCC steelhead, does not 
presuppose the contents of the eventual protective regulations.

New Applications Received

    SCVWD (1121) requests a 5-year permit to authorize takes of adult 
and juvenile CCC and SCCC steelhead associated with population, habitat 
and migration studies within the ESUs. This research will provide a 
baseline of fish populations and help to determine the effects water 
management, mitigation and maintenance activities in Santa Clara 
County. Authorization to relocate steelhead as necessary for survival 
is also requested.
    MS-HNHR (1217) requests a 5-year permit to authorize takes of adult 
and juvenile SCCC steelhead associated with sampling conducted for 
genetic studies in the upper Carmel, San Jose, Little Sur, Big Sur and 
Big Creek drainage systems. The research will provide information 
useful in determining

[[Page 33828]]

genetic relationships with respect to geographical distribution.

Modification Requests Received

    PCFFA requests a modification to permit 1075 for authorization of 
an increase in take of juvenile SONCC coho salmon associated with fish 
population, migration and habitat studies in the Eel River Basin. The 
modification is requested to be valid for the duration of the permit, 
which expires on June 30, 2003.
    PM-UCD requests a modification to permit 1167 to increase 
authorized takes of adult and juvenile CV steelhead associated with 
sampling and tagging activity during habitat and distribution studies 
in the lower Yuba River. The modification is requested to be valid for 
the duration of the permit, which expires on June 30, 2003.
    NWFSC requests modifications to scientific research permit 1213. 
Permit 1213 authorizes direct takes of juvenile SnR sockeye salmon; 
juvenile, naturally produced and artificially propagated, SnR spring/
summer chinook salmon; juvenile SnR fall chinook salmon; and adult and 
juvenile, naturally produced and artificially propagated, UCR steelhead 
associated with seven studies at hydropower dams on the Snake and 
Columbia Rivers in the Pacific Northwest. For the modification, NWFSC 
requests an increase in take of juvenile SnR sockeye salmon; juvenile 
SnR fall chinook salmon; juvenile, naturally produced and artificially 
propagated, SnR spring/summer chinook salmon; and juvenile, naturally 
produced and artificially propagated, UCR steelhead associated 
additional testing at McNary Dam under Study 4. The additional take is 
requested to (1) evaluate the performance of extended-length bar 
screens equipped with a newly designed perforated plate system, and (2) 
release fish tagged with sonic transmitters to support the U.S. Army 
Corps of Engineers' Turbine Survival Program. Under this program, 
juvenile hatchery steelhead will be gastrically implanted with sonic 
tags, released through special release pipes into a turbine intake at 
the dam, and tracked electronically. NWFSC also requests a take of 
juvenile, endangered, naturally produced and artificially propagated, 
UCR spring chinook salmon associated with the study. The modifications 
are requested to be valid for the duration of the permit, which expires 
on December 31, 1999.

Permits, Modifications, and Amendments Issued

    Notice was published on July 14, 1998 (63 FR 37851), that an 
application had been filed by IDFG for a modification to scientific 
research/enhancement permit 1010. Permit 1010 authorizes IDFG annual 
direct takes of adult and juvenile, naturally produced, SnR spring/
summer chinook salmon associated with a captive rearing program. Each 
year, IDFG collects no more than 25 percent of the ESA-listed juvenile 
fish from the West Fork Yankee Fork of the Salmon River, upper East 
Fork Salmon River, and Lemhi River in ID. The ESA-listed juvenile fish 
are reared in captivity until mature. For modification 2, IDFG is 
authorized annual releases of mature, radio-tagged, spring chinook 
salmon from the program into the fish's respective stream of origin for 
natural spawning. IDFG is also authorized to collect ESA-listed adult 
fish carcasses subsequent to spawning for inspection and the 
acquisition of tissue samples. In addition, IDFG is authorized the 
retention of ESA-listed adult fish from each population in the hatchery 
to initiate a captive spawning program, annual releases of eyed-eggs 
(in hatch boxes or artificial redds) and/or juveniles from the captive 
spawning program, and the retention of eggs in the hatchery as a 
``safety net''. Further, IDFG is authorized annual incidental takes of 
ESA-listed species due to adult and juvenile fish releases from the 
captive rearing and spawning programs. Modification 2 to permit 1010 
was issued to IDFG on May 20, 1999, and is valid for the duration of 
the permit, which expires on December 31, 2000.
    On June 4, 1999, NMFS issued an amendment of ODFW's incidental take 
permit 1017. Permit 1017 authorizes ODFW an annual incidental take of 
resident, fluvial, and anadromous, Umpqua River cutthroat trout 
associated with the State of Oregon's recreational and commercial 
fisheries in the Umpqua River Basin. For the amendment, NMFS has 
extended permit 1017 for an additional year. Permit 1017 will now 
expire on September 30, 2000.
    On April 20, 1999, NMFS issued an amendment of IDFG's scientific 
research/enhancement permit 1120. Permit 1120 authorizes IDFG annual 
direct takes of adult and juvenile SnR sockeye salmon associated with a 
captive broodstock program. Annual incidental takes of ESA-listed 
species associated with fish releases from IDFG's captive broodstock 
program are also authorized by permit 1120. For the amendment, IDFG is 
authorized an annual incidental take of UCR spring chinook salmon 
associated with fish releases from IDFG's SnR sockeye salmon captive 
broodstock program. The incidental take authorization covers effects 
and/or impacts that are likely to occur in the mainstem Columbia River 
migration corridor. The amendment is valid for the duration of the 
permit, which expires on December 31, 2002.
    Notice was published on October 28, 1998 (63 FR 57664), that an 
application had been filed by IDFG for an incidental take permit. 
Permit 1150 was issued to IDFG on May 28, 1999, and authorizes 
incidental takes of SnR sockeye salmon; naturally produced and 
artificially propagated, SnR spring/summer chinook salmon; and SnR fall 
chinook salmon associated with implementation of the State of Idaho's 
sport-fishing programs. IDFG's sport-fishing programs include the 
following activities: (1) Resident sport-fishing in ESA-listed chinook 
and sockeye salmon ranges in Idaho under the IDFG General Fishing 
Regulations, including kokanee and trout fisheries in Redfish, Alturas, 
and Pettit Lakes; (2) chinook salmon sport-fishing in the Clearwater 
River, Little Salmon River, and South Fork Salmon River under the IDFG 
Anadromous Salmon Fishing Regulations; and (3) summer steelhead fishing 
program during the fall and spring seasons under the IDFG Steelhead 
Fishing Regulations. Permit 1150 expires on December 31, 1999.
    Notice was published on February 19, 1999 (64 FR 8331), that GD-GDA 
had applied for a 5-year research permit to take green and hawksbill 
sea turtles, record biological data, and sample tissue and run DNA 
analysis according to NMFS sampling protocols. A few of the turtles 
will be satellite-tagged. The purpose of the research is to: a) Collect 
baseline population size structure (age and sex) and genetic 
information for sea turtles in and about Guam, b) survey Guam's beaches 
for sea turtle nesting activity for both species throughout the nesting 
period. Nesting turtle research is covered by a section 6 agreement 
with FWS. Permit 1199 was issued on June 15, 1999, and expires April 
30, 2004.
    Notice was published on March 25, 1999 (64 FR 14432), that TW-UAB 
had applied for a scientific research permit to evaluate the abundance, 
movements, and location of juvenile sea turtles in the estuaries of 
Alabama, to potentially identify specific foraging areas. The presence 
of juvenile sea turtles in estuaries represents a potential conflict 
for fisheries and coastal development. However, there is little 
information about this issue for the estuaries of Alabama. The 
information from this study is critical to developing a prudent 
management strategy which protects sea turtles while sustaining the 
productivity of the fisheries. The proposed research is a prerequisite 
to determining if the

[[Page 33829]]

estuaries of Alabama represent a developmental habitat for juvenile sea 
turtles. The applicant 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, 4) Collect blood 
samples to estimate of sex ratio. Permit 1201 was issued on June 11, 
1999, and expires February 28, 2001.
    Notice was published on March 25, 1999 (64 FR 14432), that an 
application had been filed by NWFSC for a scientific research permit. 
Permit 1212 was issued to NWFSC on May 26, 1999, and authorizes takes 
of juvenile SnR sockeye salmon; juvenile, naturally produced and 
artificially propagated, SnR spring/summer chinook salmon; juvenile SnR 
fall chinook salmon; and juvenile, naturally produced and artificially 
propagated, UCR steelhead 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 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. 
Permit 1212 expires on December 31, 2003.
    Notice was published on March 25, 1999 (64 FR 14432), that an 
application had been filed by NWFSC for a scientific research permit. 
Permit 1213 was issued to NWFSC on June 3, 1999, and authorizes direct 
takes of juvenile SnR sockeye salmon; juvenile, naturally produced and 
artificially propagated, SnR spring/summer chinook salmon; juvenile SnR 
fall chinook salmon; and adult and juvenile, naturally produced and 
artificially propagated, UCR steelhead 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. Permit 1213 expires on December 31, 1999.

    Dated: June 18, 1999.
Wanda L. Cain,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 99-16084 Filed 6-23-99; 8:45 am]
BILLING CODE 3510-22-F