[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]


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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).

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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 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