[Federal Register Volume 65, Number 42 (Thursday, March 2, 2000)]
[Notices]
[Pages 11288-11291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5069]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 022300B]


Endangered Species; Permits

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

ACTION: Receipt of applications for scientific research permits (1240, 
1241, 1242, 1243, 1244); receipt of an application to modify a permit 
(1136); issuance of a permit (1215); and issuance of amendments and 
modifications to existing permits (1119, 1130, 1140).

-----------------------------------------------------------------------

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:

[[Page 11289]]

    NMFS has received permit applications from the U.S. Geological 
Survey at Cook, WA (USGS) (1240, 1241) and the Fish Ecology Division, 
Northwest Fisheries Science Center, NMFS at Seattle, WA (FED-NWFSC) 
(1242, 1243, 1244); NMFS has received an application for modifications 
to a permit from the Oregon Cooperative Fishery and Wildlife Research 
Unit at Corvallis, OR (OCFWRU) (1136); NMFS has issued a permit to Mr. 
Charles Cortelyou of Washington Department of Natural Resources at 
Olympia, WA (WDNR) (1215); NMFS has issued an amendment to a scientific 
research permit to the U.S. Fish and Wildlife Service (USFWS) (1119); 
and NMFS has issued modifications to scientific research permits to 
USGS (1130) and the Environmental Conservation Division, Northwest 
Fisheries Science Center, NMFS, at Seattle, WA (ECD-NWFSC)(1140).

DATES: Comments or requests for a public hearing on any of the new 
applications or the modification request must be received at the 
appropriate address or fax number (see ADDRESSES) no later than 5:00pm 
pacific standard time on April 3, 2000.

ADDRESSES: Written comments on any of the new applications or the 
modification request should be sent to the Protected Resources Division 
(PRD), F/NWR3, 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 
applications and related documents are available for review in the 
Protected Resources Division, F/NWO3, 525 NE Oregon Street, Suite 500, 
Portland, OR 97232-2737 (503-230-5400).
    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 permits 1130, 1140, 1242, 1243, 
and 1244: Leslie Schaeffer, Portland, OR (ph: 503-230-5433, fax: 503-
230-5435, e-mail: [email protected]).
    For permits 1119, 1136, 1215, 1240, and 1241: 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 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:
    Chinook salmon (Oncorhynchus tshawytscha): Threatened Snake River 
(SnR) fall, threatened SnR spring/summer, endangered upper Columbia 
River (UCR) spring, threatened lower Columbia River (LCR).
    Coho salmon (O. kisutch): Threatened southern Oregon/ northern 
California coast (SONCC).
    Sockeye salmon (O. nerka): Endangered SnR.
    Steelhead (O. mykiss): Threatened SnR; endangered UCR; threatened 
middle Columbia River (MCR); threatened LCR.
    To date, final protective regulations for threatened LCR chinook 
salmon and threatened SnR, MCR, and LCR steelhead under section 4(d) of 
the ESA have not been promulgated by NMFS. Protective regulations are 
currently proposed for threatened LCR chinook salmon (65 FR 169, 
January 3, 2000) and threatened SnR, MCR, and LCR steelhead (64 FR 
73479, December 30, 1999). This notice of receipt of applications 
requesting takes of these species is issued as a precaution in the 
event that NMFS issues final regulations that prohibit takes of 
threatened LCR chinook salmon and threatened SnR, MCR, and LCR 
steelhead. The initiation of a 30-day public comment period on the 
applications, including their proposed takes of threatened LCR chinook 
salmon and threatened SnR, MCR, and LCR steelhead does not presuppose 
the contents of the final regulations.

New Applications Received

    USGS (1240) requests a 5-year ESA section 10(a)(1)(A) permit for 
annual takes of juvenile naturally produced and artificially propagated 
SnR spring/summer chinook salmon, juvenile SnR fall chinook salmon, and 
juvenile SnR steelhead associated with a study designed to provide 
managers with data on the distribution, abundance, movement, and 
habitat use of the anadromous fish that migrate through Lower Granite 
Reservoir on the Snake River in the Pacific Northwest. In particular, 
the study will provide detailed information on the response of 
outmigrating smolts to the operation of a surface bypass collector 
prototype in the forebay of Lower Granite Reservoir. Project objectives 
and sampling plans will accommodate ESA-listed species recovery needs 
and constraints. The ESA-listed juvenile fish to be used for the study 
will be collected at pre-selected trap sites operated by the Idaho 
Department of Fish and Game and/or Smolt Monitoring Program (SMP) 
personnel under separate take authorizations and provided to USGS. ESA-
listed juvenile fish may also be collected by purse seines in Lower 
Granite pool or from the juvenile fish bypass facility at Lower Granite 
Dam. The fish will then be transported as necessary, anesthetized, 
implanted with radio transmitters, allowed to recover, transported to 
an upstream release site, released, and tracked electronically. ESA-
listed juvenile fish indirect mortalities are also requested.
    USGS (1241) requests a 5-year ESA section 10(a)(1)(A) permit for 
annual takes of juvenile naturally produced and artificially propagated 
SnR spring/summer chinook salmon, juvenile SnR fall chinook salmon, 
juvenile naturally produced and artificially propagated UCR spring 
chinook salmon, juvenile LCR chinook salmon, juvenile SnR steelhead, 
juvenile naturally produced and artificially propagated UCR steelhead, 
juvenile MCR steelhead, and juvenile LCR steelhead associated with a 
study designed to provide managers with data on the timing, passage, 
and survival of outmigrating smolts in relation to the operations of 
John Day, The Dalles, and Bonneville Dams. Project objectives and 
sampling plans will accommodate ESA-listed species recovery needs and 
constraints. The target fish for the study consist of juvenile hatchery 
spring chinook salmon, subyearling fall chinook salmon, and juvenile 
hatchery steelhead. The fish to be used for the

[[Page 11290]]

study will be collected from the juvenile bypass facilities at 
Bonneville, John Day, and/or McNary Dams on the lower Columbia River by 
SMP personnel under a separate take authorization and provided to USGS. 
The fish will then be transported as necessary, anesthetized, implanted 
with radio transmitters, allowed to recover, transported to an upstream 
release site, released, and tracked electronically. ESA-listed juvenile 
fish indirect mortalities associated with the research are also 
requested. In association with the radio transmitter tagging study, 
USGS proposes two tasks that will result in lethal takes of ESA-listed 
juvenile fish. USGS proposes to (1) statistically evaluate the survival 
rates of juvenile salmonids through John Day, The Dalles, and 
Bonneville Dams; and (2) evaluate the stress of juvenile salmonids that 
pass through the new bypass outfall pipe at Bonneville Dam's Second 
Powerhouse Downstream Migration Facility by measuring physiological 
indices (blood cortisol and lactate concentrations). For Task 1, fish 
will be acquired from SMP personnel at the dams, exposed to a lethal 
dose of anesthetic, and released in paired groups with the live radio-
tagged fish to test the potential for dead research fish to be mistaken 
for live research fish. For Task 2, run-of-the-river fish are proposed 
to be netted from the sampling flume at Bonneville Dam to acquire the 
target fish; ESA-listed juvenile fish are proposed to be captured, 
handled, and released or captured and sacrificed.
    FED-NWFSC (1242) requests a 5-year ESA section 10(a)(1)(A) permit 
to replace scientific research permit 946, which is due to expire on 
December 31, 2000. The permit is requested for annual takes of juvenile 
SnR sockeye salmon, juvenile naturally produced and artificially 
propagated SnR spring/summer chinook salmon, juvenile SnR fall chinook 
salmon, and juvenile SnR steelhead associated with research designed to 
evaluate inriver migration versus transportation from Lower Granite Dam 
on the Snake River to below Bonneville Dam on the Columbia River. 
Whether the transportation of depressed anadromous fish species should 
be maximized to enhance recovery is one of the most controversial and 
critical questions before the fisheries community today. The proposed 
scientific research is designed to provide definitive information 
relative to this important question. ESA-listed juvenile fish are 
proposed to be captured at Lower Granite Dam, handled (checked for 
condition), and released or captured at Lower Granite Dam, tagged with 
passive integrated transponders (PIT), and returned to the river below 
the dam. PIT-tagged fish will then be tracked downriver as juveniles, 
and later when they return to the Snake River Basin as adults, using 
automated PIT tag detectors at the hydropower dams on the Columbia and 
Snake Rivers. ESA-listed juvenile fish indirect mortalities associated 
with the research are also requested.
    FED-NWFSC (1243) requests a 5-year ESA section 10(a)(1)(A) permit 
for annual takes of juvenile SnR sockeye salmon, juvenile naturally 
produced and artificially propagated SnR spring/summer chinook salmon, 
juvenile SnR fall chinook salmon, and juvenile SnR steelhead associated 
with research designed to evaluate juvenile fish survival at the Ice 
Harbor Dam spillway on the Snake River. Survival estimates for juvenile 
chinook salmon that migrate through the reservoirs, hydroelectric 
projects, and free-flowing sections of the Snake and Columbia Rivers 
are essential for developing effective strategies to recover depressed 
stocks. Recent survival studies have evaluated passage through various 
routes at all dams on the lower Snake River except Ice Harbor Dam. ESA-
listed juvenile fish are proposed to be collected at Lower Monumental 
Dam on the Snake River by Smolt Monitoring Program personnel 
(authorized to collect fish under a separate authorization) and 
provided to FED-NWFSC. The fish are then proposed to be tagged with 
radio transmitters and/or PITs, transported to Ice Harbor Dam, held a 
minimum of 24 hours for recovery, and released into the spillway or 
transferred to a small barge, transported, and released into the 
tailrace. Tagged fish will then be tracked downriver as juveniles, and 
later when they return to the Snake River Basin as adults, using 
automated PIT tag detectors at the hydropower dams on the Columbia and 
Snake Rivers. ESA-listed juvenile fish indirect mortalities associated 
with the research are also requested.
    FED-NWFSC (1244) requests a 2-year ESA section 10(a)(1)(A) permit 
to partially replace scientific research permit 1213, which is due to 
expire on December 31, 2000. The permit is requested for annual takes 
of juvenile SnR sockeye salmon, juvenile naturally produced and 
artificially propagated SnR spring/summer chinook salmon, juvenile SnR 
fall chinook salmon, juvenile naturally produced and artificially 
propagated UCR spring chinook salmon, juvenile LCR chinook salmon, 
juvenile SnR steelhead, juvenile naturally produced and artificially 
propagated UCR steelhead, juvenile MCR steelhead, and juvenile LCR 
steelhead associated with six studies designed to evaluate the juvenile 
fish bypass facilities at selected Snake and Columbia River dams. There 
is general agreement among the scientific community that problems 
associated with juvenile fish passage through mainstem river hydropower 
facilities have been a major factor in the decline of ESA-listed 
anadromous fish species in the Columbia River Basin. Based on the 
results from bypass studies, guidance devices and bypass system 
components can be redesigned, modified, or deployed using specific 
configurations to improve juvenile fish passage. ESA-listed juvenile 
fish are proposed to be collected at Ice Harbor Dam (Study 1) on the 
Snake River and McNary Dam (Studies 2 and 3), John Day Dam (Study 4), 
and Bonneville Dam (Studies 5 and 6) on the Columbia River. Once 
collected, the fish will be routed to holding tanks, handled (checked 
for fish condition and fork length), and released or routed to holding 
tanks, tagged/marked (with PITs, radio transmitters, and/or fin clips), 
and released. Tagged fish will then be tracked downriver as juveniles, 
and later when they return to the Columbia/Snake River Basins as 
adults, using automated PIT tag detectors at the hydropower dams on the 
Columbia and Snake Rivers. ESA-listed juvenile fish indirect 
mortalities associated with the research are also requested. In 
association with the scientific research, lethal takes of ESA-listed 
juvenile fish are requested for Studies 4 and 5. For Study 4, 
previously PIT-tagged hatchery yearling chinook salmon with different 
migration histories are proposed to be collected at John Day Dam, held 
in an artificial seawater recirculation system for extended periods, 
and ultimately sacrificed for physiological characteristics and disease 
profiles. For Study 5, ESA-listed juvenile fish are proposed to be 
collected in fyke nets at Bonneville Dam and sacrificed as a means to 
estimate the number of unguided fish during the submersible traveling 
screens fish guidance efficiency research at the dam.

Modification Requests Received

    OCFWRU requests modifications to ESA section 10(a)(1)(A) permit 
1136, which currently authorizes annual 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

[[Page 11291]]

with research designed to compare biological and physiological indices 
of wild and hatchery juvenile fish exposed to stress from bypass, 
collection, and transportation activities at the dams on the Snake and 
Columbia Rivers. The purpose of the research is to determine effects of 
manmade structures and management activities on outmigrating salmonids 
and to provide information that can be used to improve their survival. 
Lethal and non-lethal takes of ESA-listed juvenile fish are authorized 
by permit 1136. For the modifications, OCFWRU requests annual takes of 
juvenile MCR steelhead, juvenile LCR steelhead, and juvenile LCR 
chinook salmon. ESA-listed juvenile fish are proposed to be captured 
using lift nets or dipnets at McNary Dam and/or John Day Dam on the 
Columbia River or acquired from SMP or NMFS personnel at Bonneville Dam 
on the Columbia River, handled, and released while obtaining target 
fish for the research (primarily hatchery-produced chinook salmon and 
steelhead). OCFWRU also requests increases in takes of all ESA-listed 
juvenile fish species currently authorized to be taken by the permit, 
including both lethal and non-lethal takes. Finally, OCFWRU requests a 
2-year extension of the permit. The modifications are requested to be 
valid for the duration of the permit, which is now proposed to expire 
on December 31, 2002.

Permits, Amendments, and Modifications Issued

    Notice was published on March 2, 1998 (63 FR 10198) that USFWS had 
applied for a scientific research permit. Permit 1119 was issued on May 
15, 1998, and authorized the annual take of adult and juvenile, 
naturally produced and artificially propagated UCR steelhead associated 
with studies designed to gather data on emerging juvenile salmon and 
steelhead and to conduct snorkel surveys in various watersheds as part 
of inventory and artificial structure monitoring projects. NMFS issued 
an amendment to permit 1119 on February 22, 2000, that authorizes USFWS 
annual direct takes of adult and juvenile, naturally produced and 
artificially propagated UCR spring chinook salmon associated with the 
studies. An associated indirect mortality of juvenile, naturally 
produced and artificially propagated UCR spring chinook salmon is also 
authorized. The amendment to permit 1119 is valid for the duration of 
the permit, which expires on December 31, 2002.
    Notice was published on February 2, 1999 (64 FR 5030) that USGS had 
applied for a modification to scientific research permit 1130. 
Modification 1 to permit 1130 was issued on February 22, 2000, and 
authorizes USGS to tag a higher number of fish at John Day Dam and 
reduce the number tagged at Bonneville Dam due to an increased priority 
for evaluating fish passage efficiency at John Day Dam. USGS is also 
authorized annual takes of juvenile, naturally produced and 
artificially propagated UCR spring chinook salmon. Indirect mortalities 
of juvenile naturally produced and artificially propagated UCR spring 
chinook salmon associated with the research are also authorized. 
Modification 1 to permit 1130 is valid for the duration of the permit, 
which expires on December 31, 2002.
    Notice was published on April 26, 1999 (64 FR 20266) that ECD had 
applied for a modification to scientific research permit 1140. 
Modification 1 to permit 1140 was issued on February 22, 2000, and 
authorizes ECD annual take of juvenile naturally produced and 
artificially propagated UCR spring chinook salmon. Modification 1 to 
permit 1140 is valid for the duration of the permit, which expires on 
December 31, 2002.
    Notice was published on April 26, 1999 (64 FR 20266) that Mr. 
Charles Cortelyou, of DNR had applied for a scientific research permit 
that would authorize takes of juvenile UCR spring chinook salmon and 
juvenile UCR steelhead associated with salmonid presence/absence 
surveys in proposed timber sale areas in the State of Washington. The 
stream surveys will determine the correct stream classification and 
place the stream in the correct Riparian Management Zones (RMZ). The 
correct RMZ designation will protect listed fish by requiring proper 
riparian buffers be left along streams. Permit 1215 was issued on 
February 22, 2000, and expires on December 31, 2003.

    Dated: February 25, 2000.
Wanda L. Cain,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 00-5069 Filed 3-1-00; 8:45 am]
BILLING CODE 3510-22-F