[Federal Register Volume 65, Number 56 (Wednesday, March 22, 2000)]
[Notices]
[Pages 15312-15315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7076]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 031400F]


Endangered Species; Permits

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

ACTION: Receipt of an application for a scientific research permit 
(1246); receipt of applications to modify permits (900, 1056, 1119, 
1140, 1203); issuance of a scientific research permit (1203) and 
modifications to existing permits (1036, 1102, 1114, 1115, 1212).

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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 a permit 
application from Douglas County Public Utility District No. 1 at East 
Wenatchee, WA (DCPUD)(1246); NMFS has received applications for permit 
modifications from: Northwest Fisheries Science Center, NMFS at 
Seattle, WA (900, 1056, 1140), U.S. Fish and Wildlife Service at 
Leavenworth, WA (USFWS)(1119), and Washington Department of Fish and 
Wildlife at Olympia, WA (WDFW-O)(1203); NMFS has issued a scientific 
research permit to WDFW-O (1203); and NMFS has issued modifications to 
permits to: U.S. Geological Survey at Cook, WA (USGS)(1036), Washington 
Department of Fish and Wildlife at Vancouver, WA (WDFW-V)(1102), WDFW-O 
(1114), Chelan County Public Utility District No 1(CCPUD)(1115), and 
Northwest Fisheries Science Center, NMFS at Seattle, WA (NWFSC)(1212).

DATES: Comments or requests for a public hearing on any of the new 
applications or modification requests must be received at the 
appropriate address or fax number (see ADDRESSES) no later than 5:00 pm 
Pacific daylight time on April 21, 2000.

ADDRESSES: Written comments on any of the new applications or 
modification requests should be sent to Protected Resources Division, 
F/NWO3, 525 NE Oregon Street, Suite 500, Portland, OR 97232-2737 (503-
230-5400). Comments may also be sent via fax to 503-230-5435. Comments 
will not be accepted if submitted via e-mail or the internet.
    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 900, 1056, and 1140: Leslie Schaeffer, Portland, OR 
(ph: 503-230-5433, fax: 503-230-5435, e-mail: 
[email protected]).
    For permits 1036, 1102, 1114, 1115, 1119, 1203, 1212, and 1246: 
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), threatened 
Puget Sound (PS), threatened Upper Willamette (UW).
    Chum Salmon (O. keta): threatened Columbia River (CR).
    Coho salmon (O. kisutch): threatened Southern Oregon/Northern 
California Coast (SONCC).
    Sockeye salmon (O. nerka): endangered SnR
    Steelhead (O. mykiss): endangered UCR, threatened SnR, threatened 
middle Columbia River (MCR), threatened UW.

[[Page 15313]]

    To date, final protective regulations for threatened LCR, PS, and 
UW chinook salmon, CR chum salmon, and SnR, MCR, and UW steelhead under 
section 4(d) of the ESA have not been promulgated by NMFS. Protective 
regulations are currently proposed for LCR, PS, and UW chinook salmon 
and CR chum (65 FR 169, January 3, 2000) and SnR, MCR, and UW steelhead 
(64 FR 73479, December 30, 1999). This notice of receipt of 
applications is issued as a precaution in the event that NMFS issues 
final protective regulations that prohibit takes of these species. The 
initiation of a 30-day public comment period on the applications, 
including their proposed takes of LCR, PS, and UW chinook salmon, CR 
chum, and SnR, MCR, and UW steelhead does not presuppose the contents 
of the eventual protective regulations.

New Application Received

    DCPUD (1246) requests a 5-year scientific research permit to 
authorize annual takes of juvenile naturally produced and artificially 
propagated UCR spring chinook salmon and steelhead associated with a 
study designed to determine if the spring chinook salmon released from 
the Methow River Fish Hatchery, a mitigation hatchery for losses of 
juvenile salmon at Wells Dam, interact adversely with natural salmonid 
production in the Methow River Basin. DCPUD proposes to conduct a 
monitoring program that will determine if hatchery produced returning 
adults stray excessively and interbreed with other genetically distinct 
stocks, if hatchery produced juveniles released from acclimation ponds 
impact naturally rearing salmon and steelhead, and if the natural 
production in the donor population is diminished when hatchery reared 
salmon return to spawn in the natural habitat. The scientific research 
will provide information on the success of the hatchery program and the 
potential deleterious impacts to the recovery of ESA-listed chinook 
salmon and steelhead in the Methow River. ESA-listed juvenile fish are 
proposed to be captured using beach seines or screw traps, sampled for 
biological information and/or marked with fin clips, and released. ESA-
listed juvenile fish indirect mortalities associated with the research 
are also requested. DCPUD also requests to collect ESA-listed adult 
fish carcasses in the basin and sample them for coded wire tags and 
tissues.

Modification Requests Received

    NWFSC requests a modification to permit 900, which authorizes 
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 steelhead, and juvenile naturally produced 
and artificially propagated UCR spring chinook salmon associated with a 
study designed to determine the relative survival of migrating juvenile 
salmonids at The Dalles Dam on the Columbia River in the Pacific 
Northwest. For the modification, NWFSC requests an annual take of 
juvenile MCR steelhead and an increase in the annual take of juvenile 
naturally produced UCR steelhead associated with the research. The 
additional take is requested because steelhead stock abundance 
estimates in the Snake River and the upper- and mid-Columbia River have 
recently been revised. ESA-listed juvenile fish are proposed to be 
collected from the juvenile bypass system at John Day Dam, held for a 
period of time (up to six hours), anesthetized, tagged with Passive 
Integrated Transponders (PIT) or allowed to recover from the anesthetic 
and released. PIT tagged fish will be allowed to recover from the 
anesthetic, transported and held for one day, and then released in 
front of The Dalles Dam spillway, sluiceway, turbines, or downstream 
from the dam. PIT-tag interrogations made at Bonneville Dam and Rice 
Island under separate authorizations will be used to estimate relative 
survival of the release groups. ESA-listed juvenile steelhead indirect 
mortalities associated with the research are also requested. The 
modification is requested to be valid for the duration of permit 900, 
which expires on December 31, 2000.
    NWFSC requests a modification to permit 1056, which authorizes 
annual takes of adult and juvenile naturally produced and artificially 
propagated SnR spring/summer chinook salmon associated with two studies 
designed to monitor wild salmon smolt migration timing, genetic change, 
and population structure over time. For the modification, NWFSC 
requests an annual take of juvenile MCR steelhead and an expansion of 
work locations associated with a new study designed to investigate 
marine derived nutrients in freshwater streams. New methods for taking 
fish (dip-netting, minnow-trapping, and angling) are also requested. A 
lethal take of juvenile MCR steelhead is also requested. Juvenile 
chinook salmon and steelhead are proposed to be taken from various 
locations in the Snake and John Day River Basins and analyzed for the 
presence of marine derived nutrients. Salmon and steelhead abundance 
and average body size will be determined by snorkel surveys or 
electrofishing sampling. ESA-listed juvenile steelhead indirect 
mortalities associated with the research are also requested. The 
modification is requested to be valid for the duration of permit 1056, 
which expires on December 31, 2001.
    USFWS requests a modification to permit 1119, which authorizes 
annual takes of adult and juvenile UCR spring chinook salmon and 
steelhead associated with four studies in the UCR Basin. The purpose of 
Study 1 is to gather data on emerging juvenile salmon and steelhead in 
the Entiat River Basin. The purpose of Study 2 is to conduct snorkel 
surveys in various watersheds as part of inventory and artificial 
structure monitoring projects. The data obtained from both studies will 
be used to determine the survival and contribution of salmonids 
released from USFWS mitigation hatchery programs in central WA and to 
provide technical assistance to the agencies, Tribes, and interest 
groups that are using and/or managing aquatic resources in the mid- to 
UCR Basin. Study 3 involves spawning ground surveys in the Entiat River 
Basin designed to estimate the numbers of adult salmonids utilizing the 
basin. Study 4 is designed to evaluate the feasibility of restoring 
endangered UCR steelhead above barriers in Icicle Creek, a tributary to 
the Wenatchee River. For the modification, USFWS requests an increase 
in the ESA-listed juvenile steelhead take associated with Study 1. 
USFWS determined that the current level of steelhead take for Study 1 
in Permit 1119 is not enough to conduct a statistically valid 
assessment of the juvenile steelhead emigration from the Entiat River 
throughout the annual outmigration season. ESA-listed juvenile 
steelhead are proposed to be captured with a rotary-screw trap, sampled 
for biological information, and released. The modification is requested 
to be valid for the duration of permit 1119, which expires on December 
31, 2002.
    NWFSC requests a modification to permit 1140, which authorizes 
annual takes of juvenile SnR sockeye salmon, juvenile SnR fall chinook 
salmon, juvenile naturally produced and artificially propagated SnR 
spring/summer chinook salmon, juvenile SONCC coho salmon, juvenile 
naturally produced and artificially propagated UCR steelhead, and 
juvenile naturally produced and artificially propagated UCR spring 
chinook salmon associated with a research study designed to assess the 
relationship between environmental

[[Page 15314]]

variables, selected anthropogenic stresses, and bacterial and parasitic 
pathogens on disease-induced mortality of juvenile salmon in selected 
coastal estuaries in Oregon and Washington. The results of the study 
will benefit ESA-listed species by providing a better understanding of 
how environmental factors influence disease. For the modification, 
NWFSC requests annual takes of juvenile PS chinook salmon, juvenile UW 
chinook salmon, juvenile LCR chinook salmon, juvenile CR chum salmon, 
juvenile UW steelhead, and juvenile MCR steelhead associated with the 
research. ESA-listed juvenile fish are proposed to be taken with 
seines, purse seines, and/or fyke nets in selected coastal estuaries in 
Oregon and Washington and analyzed for pathogen prevalence and 
intensity, chemical analyses, histopathology, and stomach contents. A 
lethal take of PS chinook salmon is requested and ESA-listed juvenile 
fish indirect mortalities associated with the research are also 
requested. The modification is requested to be valid for the duration 
of permit 1140, which expires on December 31, 2002.
    WDFW requests a modification to permit 1203, which authorizes 
annual takes of adult and juvenile naturally produced and artificially 
propagated UCR spring chinook salmon and steelhead associated with five 
research studies in the tributaries and mainstem of the UCR. The 
purpose of Study 1 is to evaluate the annual production of emigrating 
juvenile salmonid populations. The purpose of Study 2 is to assess the 
annual escapement of adult salmonids in the UCR Basin. The purpose of 
Study 3 is to conduct spawning ground surveys to evaluate annual 
salmonid reproductive success in the UCR Basin. The purpose of Study 4 
is to document the presence or absence of salmonids throughout the UCR 
Basin to determine salmonid distribution and habitat utilization. The 
purpose of Study 5 is to conduct stream habitat and salmonid presence/
absence surveys throughout the UCR Basin to determine the potential 
impacts on, or benefits to, fish and fish habitat resulting from 
proposed hydraulic projects. For the modification, WDFW requests an 
increase in the annual takes of ESA-listed juvenile salmon and 
steelhead associated with a new anadromous fish production monitoring 
and assessment project. WDFW proposes to use a rotary screw trap in the 
lower Wenatchee River to monitor the natural freshwater production of 
salmonid species and collect life history information. The annual 
production data will become a key indicator of salmonid recovery in the 
Wenatchee River Basin. ESA-listed juvenile fish are proposed to be 
captured, sampled for biological information, and released or captured, 
marked with fin clips, and released. Increases in ESA-listed juvenile 
fish indirect mortalities associated with the research are also 
requested. The modification is requested to be valid for the duration 
of permit 1203, which expires on December 31, 2003.

Permits and Modifications Issued

    Notice was published on February 11, 1999 (64 FR 6880), that USGS 
had applied for a modification to scientific research permit 1036. 
Modification 2 to permit 1036 was issued on March 10, 2000, and 
authorizes annual takes of adult and juvenile UCR spring chinook salmon 
in the Hanford Reach of the Columbia River to predict the effects of 
reservoir drawdown on juvenile salmonids and their predators in free-
flowing river reaches and to compare the effects with a similar study 
in the Hells Canyon Reach of the Snake River. Modification 2 also 
authorizes USGS to change the location of fish sampling for a race and 
residualism study. ESA-listed juvenile fish indirect mortalities are 
also authorized. Modification 2 to permit 1036 is valid for the 
duration of the permit, which expires on December 31, 2001.
    Notice was published on April 26, 1999 (64 FR 20266), that WDFW-V 
had applied for a modification to scientific research permit 1102. 
Permit 1102 authorizes WDFW-V annual takes of adult UCR steelhead; 
adult SnR spring/summer chinook salmon; and adult SnR fall chinook 
salmon associated with two scientific research studies. The purpose of 
Study 1 is to determine the number and timing of wild and hatchery 
steelhead adults that pass Bonneville Dam on the Columbia River. The 
purpose of Study 2 is to determine the genetic stock identification of 
anadromous adult fish harvested in Columbia River fisheries, including 
fisheries conducted by Native Americans. Data will be used to determine 
the fishery impacts to ESA-listed stocks and if possible, to shape 
fisheries to reduce impacts to ESA-listed or depressed stocks while 
focusing harvest on healthy stocks. Modification 1 to permit 1102 was 
issued on March 10, 2000, and designates the Columbia River Inter-
Tribal Fish Commission (CRITFC) as an agent of WDFW-V under Permit 
1102. WDFW-V and CRITFC work cooperatively at Bonneville Dam for much 
of the research sampling season for Study 1. The take of ESA-listed 
adult chinook salmon that WDFW-V requested in March 1999 for Study 1 
will be included in CRITFC's scientific research Permit 1134, since 
CRITFC is targeting adult chinook salmon at Bonneville Dam and 
requested the identical take as WDFW in 1999. Modification 1 also 
authorizes WDFW-V to collect tissue samples and scales from adult UCR 
spring chinook salmon that are harvested incidental to treaty and non-
treaty fisheries in the Columbia River Basin (Study 2). Modification 1 
to permit 1102 is valid for the duration of the permit, which expires 
on January 31, 2003.
    Notice was published on March 9, 1999 (64 FR 11444), that WDFW-O 
had applied for a modification to scientific research permit 1114. 
Modification 2 to permit 1114 was issued on March 10, 2000, and 
authorizes takes of juvenile UCR spring chinook salmon associated with 
research designed to collect information on adult and juvenile fish 
migration timing, survival, travel timing, and general fish health. 
Indirect mortalities of juvenile naturally produced and artificially 
propagated UCR spring chinook salmon associated with Study 1 are also 
authorized. Modification 2 to permit 1114 is valid for the duration of 
the permit, which expires on January 31, 2003.
    Notice was published on January 15, 1998 (63 FR 2364), that CCPUD 
had applied for a scientific research permit. Permit 1115 was issued on 
April 10, 1998, and authorized the annual take of juvenile naturally 
produced and artificially propagated UCR steelhead associated with 
research to evaluate the juvenile fish bypass system installed at Rocky 
Reach Dam and monitor juvenile fish gas bubble trauma at Rocky Reach 
and Rock Island Dams on the Columbia River. NMFS issued an amendment to 
permit 1115 on March 10, 2000, which authorizes CCPUD annual direct 
takes of adult and juvenile naturally produced and artificially 
propagated UCR spring chinook salmon associated with the research. An 
associated indirect mortality of juvenile naturally produced and 
artificially propagated UCR spring chinook salmon is also authorized. 
The amendment to permit 1115 is valid for the duration of the permit, 
which expires on December 31, 2002.
    Notice was published on March 9, 1999 (64 FR 11444), that WDFW-O 
had applied for a scientific research permit to authorize takes of 
adult and juvenile UCR spring chinook salmon. On June 3, 1999 (64 FR 
29839), a notice was published that

[[Page 15315]]

WDFW-O had requested authorization to add takes of adult and juvenile 
UCR steelhead to the original request. Permit 1203 was issued on March 
10, 2000, and authorizes WDFW-O takes of these species associated with 
five research studies in the UCR tributaries and the mainstem river. In 
Study 1, WDFW-O will assess migrating juvenile salmonid populations. In 
Study 2, WDFW-O will trap returning adults at fish ladders, record 
biological information, and release them upstream. In Study 3, WDFW-O 
will survey spawning grounds to identify redds and collect biological 
data from carcasses. Tissue samples taken from the carcasses will be 
deposited at the WDFW Laboratory in Olympia, WA for analysis. In Study 
4, WDFW-O will assess the capacity of salmonid habitat. In Study 5, 
WDFW-O will conduct presence/absence studies by using electrofishers to 
determine the distribution of salmonids in various watersheds. Data 
from these five studies will provide managers valuable information that 
will be used to assess the survival of migrating juvenile salmonids, 
the abundance of adults on spawning grounds, the annual success of 
spawners, and the relative abundance of salmonids in the available 
habitat. Indirect mortalities of adult and juvenile ESA-listed fish are 
also authorized. Permit 1203 expires on December 31, 2003.
    Notice was published on March 25, 1999 (64 FR 14432), that NWFSC 
had applied for a scientific research permit. Permit 1212 was issued on 
May 26, 1999, and authorized the annual 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 four studies at hydropower dams on the Snake and 
Columbia Rivers in the Pacific Northwest. NMFS issued an amendment to 
permit 1212 on March 10, 2000, which authorizes NWFSC annual direct 
takes of juvenile naturally produced and artificially propagated UCR 
spring chinook salmon in study 1 as well as an associated indirect 
mortality of juvenile naturally produced and artificially propagated 
UCR spring chinook salmon. The amendment to permit 1212 is valid for 
the duration of the permit, which expires on December 31, 2003.

    Dated: March 16, 2000.
Wanda L. Cain,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 00-7076 Filed 3-21-00; 8:45 am]
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