[Federal Register Volume 65, Number 10 (Friday, January 14, 2000)] [Notices] [Pages 2381-2383] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 00-952] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 010400B] Endangered Species; Permits AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration, Commerce. ACTION: Receipt of applications for scientific research permits (1229, 1231); issuance of modifications to existing permits (895, 900, 946, 1193, 1213). ----------------------------------------------------------------------- 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 scientific research permit applications from Northern Wasco County People's Utility District at The Dalles, OR (NWCPUD)(1229), and Dr. Llewellyn M. Ehrhart, of the University of Central Florida (LME-UCF) (1231); and NMFS has issued modifications to scientific research and/or enhancement permits to: U.S. Army Corps of Engineers, Walla Walla District at Walla Walla, WA (COE)(895), Northwest Fisheries Science Center, National Marine Fisheries Service at Seattle, WA (NWFSC)(900, 946, 1213), and the Fish Passage Center at Portland, OR (FPC)(1193). DATES: Comments or requests for a public hearing on either of the new applications must be received at the appropriate address or fax number no later than 5:00pm eastern standard time on February 14, 2000. ADDRESSES: Written comments on either of the new applications should be sent to the appropriate office as indicated below. Comments may also be sent via fax to the number indicated for the application. Comments will not be accepted if submitted via e-mail or the internet. The applications and related documents are available for review in the indicated office, by appointment: For permits 895, 900, 946, 1193, 1213, and 1229: Protected Resources Division, F/NWO3, 525 NE Oregon Street, Suite 500, Portland, OR 97232-2737 (ph: 503-230-5400, fax: 503-230-5435). For permit 1231: Office of Protected Resources, Endangered Species Division, F/PR3, 1315 East-West Highway, Silver Spring, MD 20910 (ph: 301-713-1401, fax: 301-713-0376). 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 1231: Terri Jordan, Silver Spring, MD (ph: 301-713-1401, fax: 301-713-0376, e-mail: Terri.J[email protected]). For permits 900, 946, 1193, and 1229: Leslie Schaeffer, Portland, OR (ph: 503-230-5433, fax: 503-230-5435, e-mail: Leslie.S[email protected]). For permits 895 and 1213: Robert Koch, Portland, OR (ph: 503-230- 5424, fax: 503-230-5435, e-mail: Robert.K[email protected]). 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 [[Page 2382]] 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 and endangered Green turtle (Chelonia mydas), endangered Hawksbill turtle (Eretmochelys imbricata), endangered Kemp's ridley turtle (Lepidochelys kempii), endangered Leatherback turtle (Dermochelys coriacea), 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. Sockeye salmon (O. nerka): Endangered SnR. Steelhead (O. mykiss): Threatened SnR, endangered UCR, threatened middle Columbia River (MCR). To date, protective regulations for threatened SnR steelhead and MCR steelhead under section 4(d) of the ESA have not been promulgated by NMFS. This notice of receipt of applications requesting takes of SnR and MCR steelhead is issued as a precaution in the event that NMFS issues SnR and/or MCR steelhead protective regulations. The initiation of a 30-day public comment period on the applications, including their proposed takes of SnR and/or MCR steelhead, does not presuppose the contents of the eventual protective regulations. New Applications Received NWCPUD (1229) requests a 5-year scientific research permit to authorize annual takes of juvenile SnR sockeye, juvenile SnR fall chinook salmon, juvenile naturally produced and artificially propagated SnR spring/summer chinook salmon, juvenile naturally produced and artificially propagated UCR spring chinook salmon, juvenile SnR steelhead, juvenile MCR steelhead, and juvenile naturally produced and artificially propagated UCR steelhead associated with research designed to assess run of the river juvenile anadromous fish condition after passage through the screened turbine intake channel at The Dalles Dam on the Columbia River. Fish will be intercepted from the screened intake channel, anesthetized, measured, examined for external condition, allowed to recover from the anesthetic, and released into the bypass system for volitional return to the river. Indirect mortalities are requested as part of this research. LME-UCF (1231) requests a 5-year permit to authorize takes of green, hawksbill, Kemp's ridley, leatherback, and loggerhead turtles while conducting research on habitat and turtle biology. The Recovery Plan for the U.S. Population of Atlantic Green Turtle states that the foremost problem in management and conservation of sea turtles is the lack of basic biological information. This study proposes to capture turtles living in the Indian River Lagoon Estuary of central Florida in Brevard and Indian River counties. The data provided by the study will include information regarding habitat requirements, seasonal distribution and abundance, movement and growth, feeding preferences, sex distribution and the prevalence and severity of fibropapilloma. Permit Modifications Issued Notice was published on September 10, 1999 (64 FR 49165), that COE applied for a modification to enhancement permit 895. Permit 895 authorizes COE annual takes of ESA-listed juvenile salmonids associated with transporting juvenile anadromous fish around mainstem dams and reservoirs on the Snake and Columbia Rivers. The purpose of the Juvenile Fish Transportation Program (JFTP) is to increase juvenile fish survival over the alternative of in-river passage, given current in-river migratory conditions. Permit 895 also authorizes COE an annual take of ESA-listed adult fish associated with fallbacks at the juvenile fish transportation facilities. Modification 6 to permit 895 was issued on December 22, 1999, and authorizes an increase in the annual take of juvenile, naturally produced SnR spring/summer chinook salmon associated with the JFTP. The increase in take is needed because an unusually large number of wild juvenile spring/summer chinook salmon smolts survived the 1997/98 winter (due to very favorable rearing conditions), have been migrating out of the Snake River, and have been collected and transported at COE projects. In addition, COE has reported that an unknown proportion of hatchery-produced chinook salmon, many of them non-listed fish, are not marked and cannot be distinguished from naturally produced smolts; all unmarked fish are classified as ``wild'' at the dams. The increased take of threatened, naturally produced SnR spring/summer chinook salmon is valid for the duration of permit 895. In addition, as part of modification 6, permit 895 has been extended for 1 year. Permit 895 was due to expire on December 31, 1999. The 1-year extension is necessary to allow COE to continue the JFTP, a mitigation measure recommended by the Reinitiation of Consultation on 1994-1998 Operation of the Federal Columbia River Power System (FCRPS) and Juvenile Transportation Program in 1995 and Future Years Biological Opinion issued on March 2, 1995 and the 1998 supplement to that Opinion, while NMFS reinitiates ESA Section 7 consultation on the long-term management strategy for the FCRPS. Once the new consultation is completed, NMFS will be able to advise COE on the need to apply for a new permit, and the need for any additional information or requirements, to conduct the JFTP beyond 2000. Permit 895 will now expire on December 31, 2000. Modification 6 to permit 895 is valid for the duration of the permit, which expires on December 31, 2000. Notice was published on April 21, 1999 (64 FR 19515), that NWFSC applied for a modification to scientific research permit 900. Modification 7 to permit 900 was issued on December 22, 1999, and authorizes an increase in the annual take of 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 to validate previously collected survival data at 64 percent and 30 percent spill volume scenarios at The Dalles Dam. Modification 7 also authorizes annual takes of juvenile, naturally produced and artificially propagated UCR spring chinook salmon associated with the research. An associated increase in ESA-listed juvenile fish indirect mortalities is also authorized. Modification 7 to permit 900 is valid for the duration of the permit, which expires on December 31, 2000. Notice was published on April 21, 1999 (64 FR 19515), that NWFSC applied for a modification to scientific research permit 946. Modification 6 to permit 946 was issued on December 22, 1999, and authorizes an increase in the annual take of juvenile, naturally produced and artificially propagated SnR spring/summer chinook salmon and juvenile, naturally produced and artificially propagated UCR steelhead due to improvements in sampling equipment that are designed to speed passage of fish through a passive PIT tag detection system and reduce potential impacts from passage through the apparatus. [[Page 2383]] Increased take is also requested due to the revised estimate for the number of fish thought to be available in the estuary in 1999. Modification 6 also authorizes annual takes of juvenile, naturally produced and artificially propagated UCR spring chinook salmon associated with the research. An associated increase in ESA-listed juvenile fish indirect mortalities is also authorized. Modification 6 to permit 946 is valid for the duration of the permit, which expires on December 31, 2000. Notice was published on April 21, 1999 (64 FR 19515), that FPC applied for a modification to scientific research permit 1193. Modification 1 to permit 1193 was issued on December 22, 1999, and authorizes an increase in annual takes of juvenile, naturally produced and artificially propagated SnR spring/summer chinook salmon associated with FPC's Smolt Monitoring Program. The increased annual take is needed because a larger than anticipated outmigration run is estimated in 1999. An associated increase in ESA-listed juvenile fish indirect mortalities is also authorized. Also for modification 1, FPC is authorized annual takes of juvenile, naturally produced and artificially propagated UCR spring chinook salmon. Modification 1 to permit 1193 is valid for the duration of the permit, which expires on December 31, 2003. Notice was published on June 24, 1999 (64 FR 33827), that NWFSC applied for a modification to scientific research permit 1213. Modification 1 to permit 1213 was issued on December 22, 1999, and authorizes NWFSC an increased take 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 additional testing at McNary Dam under study 4. Modification 1 also authorizes NWFSC takes of juvenile, naturally produced and artificially propagated UCR spring chinook salmon associated with the research. An associated mortality of juvenile, naturally produced and artificially propagated UCR spring chinook salmon is also authorized. Modification 1 to permit 1213 is valid for the duration of the permit, which expires on December 31, 2000. Dated: January 7, 2000. Wanda L. Cain, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 00-952 Filed 1-13-00; 8:45 am] BILLING CODE 3510-22-F