[Federal Register Volume 65, Number 23 (Thursday, February 3, 2000)]
[Notices]
[Pages 5322-5323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2290]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 010600C]


Availability of a Draft Environmental Assessment/Finding of No 
Significant Impact and Receipt of an Application for an Incidental Take 
Permit (1232).

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

ACTION:  Notice of availability.

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SUMMARY:  NMFS has received an application for an incidental take 
permit (Permit) from the Oregon Department of Fish and Wildlife (ODFW) 
and the Washington Department of Fish and Wildlife (WDFW) pursuant to 
section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended 
(ESA). As required by section 10 (a)(2)(B) of the ESA, ODFW and WDFW 
have also prepared a conservation plan (Plan) designed to minimize and 
mitigate any such take of endangered or threatened species. The Permit 
application is for the incidental take of ESA-listed adult and juvenile 
salmonids associated with otherwise lawful sport and commercial 
fisheries on non-listed species in the lower and middle Columbia River 
and its tributaries in the Pacific Northwest. The duration of the 
proposed Permit and Plan is one year. The Permit application includes 
the proposed Plan submitted by ODFW and WDFW. NMFS also announces the 
availability of a draft Environmental Assessment (EA) for the Permit 
application. NMFS is furnishing this notice in order to allow other 
agencies and the public an opportunity to review and comment on these 
documents. All comments received will become part of the public record 
and will be available for review pursuant to section 10(c) of the ESA.

DATES:  Written comments from interested parties on the Permit 
application, Plan, and draft EA must be received at the appropriate 
address or fax number no later than 5:00pm Pacific standard time on 
March 6, 2000.

ADDRESSES:  Written comments on the application, Plan, or draft EA 
should be sent to Robert Koch, Protected Resources Division, F/NWO3, 
525 NE Oregon Street, Suite 500, Portland, OR 97232-2737. Comments may 
also be sent via fax to 503-230-5435. Comments will not be accepted if 
submitted via e-mail or the internet. Requests for copies of the Permit 
application, Plan, and draft EA should be directed to the Protected 
Resources Division (PRD), F/NWO3, 525 NE Oregon Street, Suite 500, 
Portland, OR 97232-2737. Comments received will also be available for 
public inspection, by appointment, during normal business hours by 
calling 503-230-5424.

FOR FURTHER INFORMATION CONTACT:  Robert Koch, Portland, OR (ph: 503-
230-5424, fax: 503-230-5435, e-mail: [email protected]).

SUPPLEMENTARY INFORMATION:  Section 9 of the ESA and Federal 
regulations prohibit the ``taking'' of a species listed as endangered 
or threatened. The term ``take'' is defined under the ESA to mean 
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or 
collect, or to attempt to engage in any such conduct. NMFS may issue 
permits, under limited circumstances, to take listed species incidental 
to, and not the purpose of, otherwise lawful activities. NMFS 
regulations governing permits for threatened and endangered species are 
promulgated at 50 CFR 222.307.

Species Covered in This Notice

    The following species and evolutionarily significant units (ESU's) 
are included in the Plan and Permit application:

Fish

    Chinook salmon (Oncorhynchus tshawytscha): threatened, naturally 
produced and artificially propagated Snake River (SnR) spring/summer, 
threatened SnR fall, endangered, naturally produced and artificially 
propagated upper Columbia River (UCR) spring, threatened lower Columbia 
River (LCR), threatened upper Willamette River (UWR).
    Sockeye salmon (O. nerka): endangered SnR.
    Steelhead (O. mykiss): threatened SnR, endangered naturally 
produced and artificially propagated UCR, threatened middle Columbia 
River (MCR), threatened LCR, threatened UWR.
    To date, protective regulations for threatened LCR and UWR chinook

[[Page 5323]]

salmon, and threatened SnR, MCR, LCR, and UWR steelhead under section 
4(d) of the ESA have not been promulgated by NMFS. This notice of 
receipt of an application requesting takes of these species is issued 
as a precaution in the event that NMFS issues protective regulations 
that prohibit takes of threatened LCR and/or UWR chinook salmon, and/or 
threatened SnR, MCR, LCR, and/or UWR steelhead. The initiation of a 30-
day public comment period on the application, including its proposed 
takes of threatened LCR and UWR chinook salmon, and threatened SnR, 
MCR, LCR, and UWR steelhead does not presuppose the contents of the 
eventual protective regulations.

Background

    From 1996-1999, the ODFW and WDFW sport and commercial fisheries 
have been managed under the terms of the Columbia River Fishery 
Management Plan (CRFMP). Since NMFS was a signatory party to the CFRMP, 
and approval of the CRFMP was a federal action subject to section 7 
consultation, incidental take associated with the ODFW and WDFW 
fisheries was authorized in biological opinions issued on the CFRMP. 
NMFS has advised the states that, with the expiration of the CRFMP, and 
absent any subsequent agreement among the parties to U.S. v. Oregon, 
there is no longer a federal action that provides a nexus for section 7 
consultation. Because the immediate prospects for reaching an agreement 
were uncertain, ODFW and WDFW have applied for a one-year ESA section 
10(a)(1)(B) permit for incidental takes of ESA-listed adult and 
juvenile salmonids associated with sport and commercial fisheries 
during 2000 on non-listed species in the lower and middle Columbia 
River and its tributaries in the Pacific Northwest.

Conservation Plan

    The Conservation Plan prepared by ODFW and WDFW describes measures 
designed to monitor, minimize, and mitigate the incidental takes of 
ESA-listed anadromous salmonids associated with some or all of the 
following fisheries which are expected to occur during 2000 with 
approximate dates as specified:
    Winter commercial sturgeon fishery in the lower Columbia River: 
January thru February.
    Winter commercial salmon fishery in the lower Columbia River: 
February 15 thru March 10.
    Spring chinook salmon sport fishery in the lower Columbia River: 
January 1 thru March 11.
    Spring chinook salmon sport fishery on returns from net-pen release 
programs in the lower Columbia River: entire year
    Steelhead sport fishery in the lower Columbia River: May 16 thru 
December 31.
    Spring chinook salmon commercial fishery at Youngs Bay, Tongue 
Point Basin, and Blind Slough in the lower Columbia River: mid-February 
thru mid-June.
    Spring chinook salmon test fishery near the Reed Island area in the 
lower Columbia River: April
    Spring chinook salmon test fishery in select areas of the lower 
Columbia River: February thru July.
    Spring chinook salmon/steelhead fishery in the middle Columbia 
River near the outlet to Ringold Hatchery (Spring Creek): May 15 thru 
July 31 for chinook salmon, June 16 thru December 31 for steelhead.
    Spring chinook salmon subsistence fishery in the middle Columbia 
River below Priest Rapids Dam for the Wanapum Tribe: May thru July.
    Smelt commercial fishery/test fishery in the mainstem Columbia 
River and tributaries, smelt recreational fishery primarily in the 
tributaries of the Columbia River, and anchovy/herring commercial bait 
fishery in the Columbia River estuary: entire year.
    Shad commercial fishery in the lower Columbia River: May and June.
    Shad commercial fishery in the Washougal Reef area of the lower 
Columbia River: May and June.
    Shad recreational fishery in the lower Columbia River: entire year; 
a sturgeon recreational fishery in the lower Columbia River: entire 
year.
    Sturgeon tagging stock assessment project in the lower Columbia 
River: May thru July.
    Warm water recreational fishery (primarily for spiny-rays) in the 
lower and middle Columbia River up to Priest Rapids Dam: entire year.
    ESA-listed fish incidental mortalities associated with the ODFW and 
WDFW fishery programs are requested at levels specified in the Permit 
application. ODFW/WDFW are proposing to limit state in-river fisheries 
such that the incidental impacts on ESA-listed salmonids will be 
minimized. Six alternatives for the ODFW and WDFW fisheries were 
provided in the Plan, including: (1) The no action alternative; (2) the 
proposed conservation plan alternative (based on 1996-1999 Management 
Agreement Limits); (3) historic fishing levels; (4) CRFMP fishing 
levels; (5) levels based on the Willamette Subbasin Plan; and (6) 1996-
99 Actual Harvest Rates.

Environmental Assessment/Finding of No Significant Impact

    The EA package includes a draft EA and a draft Finding of No 
Significant Impact (FONSI) which concludes that issuing the incidental 
take permit is not a major Federal action significantly affecting the 
quality of the human environment, within the meaning of section 
102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, as 
amended. Three Federal action alternatives have been analyzed in the 
EA, including: (1) The no action alternative; (2) issue a permit 
without conditions; and (3) issue a permit with conditions.
    This notice is provided pursuant to section 10(c) of the ESA and 
the NEPA regulations (40 CFR 1506.6). NMFS will evaluate the 
application, associated documents, and comments submitted thereon to 
determine whether the application meets the requirements of the NEPA 
regulations and section 10(a) of the ESA. If it is determined that the 
requirements are met, a permit will be issued for incidental takes of 
ESA-listed anadromous salmonids under the jurisdiction of NMFS. The 
final NEPA and permit determinations will not be completed until after 
the end of the 30-day comment period and will fully consider all public 
comments received during the comment period. NMFS will publish a record 
of its final action in the Federal Register.

    Dated: January 28, 2000.
Wanda L. Cain,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 00-2290 Filed 1-28-00; 4:20 pm]
BILLING CODE 3510-22-F