[Federal Register Volume 65, Number 65 (Tuesday, April 4, 2000)]
[Notices]
[Pages 17627-17628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8250]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 010600C] [A]


Notice of Decision and Availability of Decision Documents on the 
Issuance of Permits for Incidental Take of Threatened and Endangered 
Species

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

ACTION: Notice of decision and availability of decision documents on 
the issuance of a permit (1232) for incidental takes of endangered and 
threatened species.

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SUMMARY: This notice advises the public that a decision on the 
application for an incidental take permit by the State of Oregon 
Department of Fish and Wildlife (ODFW) and the State of Washington 
Department of Fish and Wildlife (WDFW), pursuant to section 10(a)(1)(B) 
of the Endangered Species Act of 1973 (ESA), has been made and that the 
decision documents are available upon request.

DATES: Permit 1232 was issued on March 15, 2000, subject to certain 
conditions set forth therein, and expires on December 31, 2000.

ADDRESSES: Requests for copies of the decision documents or any of the 
other associated documents should be directed to the Protected 
Resources Division (PRD), F/NWR3, NMFS, 525 NE Oregon Street, Suite 
500, Portland, OR 97232-2737 (503-230-5400).

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

SUPPLEMENTARY INFORMATION: The following species, evolutionary 
significant units (ESU's), and runs are covered in the permit:
    Chinook salmon (Oncorhynchus tshawytscha): threatened Snake River 
(SnR) spring/summer, endangered upper Columbia River (UCR) spring.
    Sockeye salmon (O. nerka): endangered SnR.
    Steelhead (O. mykiss): endangered UCR.

Decision

    Notice was published on February 3, 2000 (65 FR 5322) that ODFW and 
WDFW jointly applied for a section 10(a)(1)(B) permit for incidental 
takes of ESA-listed anadromous fish adults 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. ODFW and WDFW submitted a Conservation Plan with their 
permit application that describes measures designed to monitor, 
minimize, and mitigate the incidental taking of ESA-listed anadromous 
salmonids associated with some or all of the winter/spring/summer 
fisheries that are expected to occur during 2000. Specifically, this 
Conservation Plan and Permit cover only those species, ESU's, and runs 
identified above which occur primarily in Columbia River mainstem 
fisheries through July 2000. Incidental take of other listed species, 
ESU's and runs during the conduct of fall season fisheries (i.e., SnR 
fall chinook, SnR steelhead) are not authorized by this permit and will 
require a separate application from ODFW and WDFW.
    NMFS' decision is to adopt the preferred alternative in the 
Conservation Plan together with the preferred alternative in the 
Environmental Assessment that was completed for this permit action and 
issue a permit with conditions authorizing incidental takes of the ESA-
listed anadromous fish species. This decision is based on a thorough 
review of the alternatives and their environmental consequences. NMFS' 
conditions will ensure that the incidental takes of ESA-listed 
anadromous fish will not appreciably reduce the likelihood of the 
survival and recovery of the species in the wild. By adopting the 
preferred alternative in the Conservation Plan, with the Conservation 
Plan's stated assurances that ODFW and WDFW's mitigation program will 
be implemented, all practicable means to avoid or minimize harm have 
been adopted.
    ODFW and WDFW requested incidental takes of threatened lower 
Columbia River (LCR) chinook salmon, threatened upper Willamette River 
(UWR) chinook salmon, threatened SnR steelhead, threatened middle 
Columbia River (MCR) steelhead, threatened LCR

[[Page 17628]]

steelhead, and threatened UWR steelhead. Protective regulations are 
currently proposed for LCR and UWR chinook salmon (65 FR 169, January 
3, 2000) and SnR, MCR, LCR, and UWR steelhead (64 FR 73479, December 
30, 1999). NMFS did not act on that part of ODFW and WDFW's permit 
application. In the future, when NMFS promulgates final rules under 
section 4(d) of the ESA that will provide take prohibitions for 
threatened LCR chinook salmon, threatened UWR chinook salmon, 
threatened SnR steelhead, threatened MCR steelhead, threatened LCR 
steelhead, and threatened UWR steelhead, NMFS may amend the permit to 
include the authorization for incidental takes of these species as ODFW 
and WDFW requested in their application. Issuance of the permit does 
not presuppose the contents of the eventual protective regulations.

Rationale for Decision

    The decision to issue the permit was made because the Conservation 
Plan proposed by ODFW and WDFW meets the statutory criteria for 
issuance of an incidental take permit under section 10 of the ESA. In 
issuing the permit, NMFS determined that ODFW and WDFW's Conservation 
Plan provides adequate mitigation measures to avoid, minimize, and/or 
compensate for the anticipated takes of ESA-listed anadromous fish.
    The permit was granted only after NMFS determined that the permit 
was applied for in good faith, that all permit issuance criteria were 
met, including the requirement that granting the permit would not 
jeopardize the continued existence of the species, and that the permit 
is consistent with the purposes and policies set forth in the 
Endangered Species Act of 1973, as amended.

    Dated: March 29, 2000.
Wanda L. Cain,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 00-8250 Filed 4-3-00; 8:45 am]
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