[Federal Register Volume 65, Number 32 (Wednesday, February 16, 2000)]
[Notices]
[Pages 7855-7856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3726]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 020700D]


Endangered Species; Permits

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

ACTION: Receipt of application for ESA section 10(a)(1)(A) enhancement 
permit #1237.

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SUMMARY: Notice is hereby given that NMFS has received a permit 
application from the U.S. Army Corps of Engineers, Walla Walla District 
at Walla Walla, WA (Corps).

DATES: Comments or requests for a public hearing on this application 
request must be received at the appropriate address or fax number (see 
ADDRESSES) no later than 5:00pm pacific standard time on March 17, 
2000.

ADDRESSES: Written comments on this application should be sent to the 
Protected Resources Division (PRD), 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. The application and related documents are available for 
review by appointment in the Protected Resources Division, F/NWO3, 525 
NE Oregon Street, Suite 500, Portland, OR 97232-2737 (ph: 503-230-5400, 
fax: 503-230-5435).
    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: Robert Koch, Portland, OR (ph: 503-
230-5424, fax: 503-230-5435, e-mail: [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 the application listed in 
this notice should set out the specific reasons why a hearing on the 
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 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:
    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.
    Sockeye salmon (O. nerka): endangered, naturally produced and 
artificially propagated SnR.
    Steelhead (O. mykiss): threatened SnR; endangered naturally 
produced and artificially propagated UCR; threatened middle Columbia 
River (MCR).
    To date, protective regulations for threatened SnR and MCR 
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 SnR and MCR 
steelhead. The initiation of a 30-day public comment period on the 
application, including its proposed takes of threatened SnR and MCR 
steelhead does not presuppose the contents of the eventual protective 
regulations.

Application Received

    The Corps requests a 5-year ESA section 10(a)(1)(A) enhancement 
permit to replace permit #895, which is due to expire on December 31, 
2000. The permit is requested for annual takes of ESA-listed SnR 
salmon/steelhead for the purposes of enhancement, and incidental takes 
of ESA-listed UCR and MCR salmon/steelhead, associated with the 
transportation of juvenile anadromous fish around the mainstem dams and 
reservoirs on the Snake and Columbia Rivers in the Pacific Northwest. 
The purpose of the Corps' Juvenile Fish Transportation Program (JFTP) 
is to increase juvenile fish survival over the alternative of in-river 
passage, given current in-river migratory conditions. The collection 
and transportation of juvenile salmonids is projected to occur March 25 
through October 31 each year at Lower Granite, Little Goose, and Lower 
Monumental Dams, and March 25 through December 15 each year at McNary 
Dam. The Corps proposes to load the juvenile fish into trucks or barges 
at the hydropower facilities for transportation to below Bonneville Dam 
on the Columbia River. Further handling of the ESA-listed fish does not 
occur except when salmonids are handled for smolt monitoring and 
research purposes by researchers holding separate permits. Indirect 
mortalities of ESA-listed juvenile fish associated with the JFTP are 
requested by the Corps. The Corps also requests annual incidental 
takes, including incidental mortalities, of ESA-listed adult fish 
associated with fallbacks at the juvenile fish transportation 
facilities.
    The Corps' JFTP is a mitigation measure recommended by NMFS' 
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. However, NMFS is in the process of 
consulting with the Federal action agencies, including the Corps, on 
the long-term management strategy for the FCRPS, pursuant to section 7 
of the ESA. Issuance of the proposed permit will depend on the 
completion of that consultation process and the requirements of any 
biological opinion resulting from the consultation.


[[Page 7856]]


    Dated: February 10, 2000.
Wanda L. Cain,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 00-3726 Filed 2-15-00; 8:45 am]
BILLING CODE 3510-22-F