[Federal Register Volume 65, Number 76 (Wednesday, April 19, 2000)]
[Notices]
[Pages 20951-20952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9841]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 041000B]


Availability of a Draft Environmental Assessment/Finding of No 
Significant Impact and Receipt of an Application for an Incidental Take 
Permit (1233)

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 Idaho Department of Fish and Game (IDFG) according to 
the Endangered Species Act of 1973, as amended (ESA). As required by 
the ESA, IDFG has 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 
recreational fisheries on non-listed species in the Snake River and its 
tributaries in the State of Idaho. The duration of the proposed Permit 
and Plan is five years. The Permit application includes the proposed 
Plan submitted by IDFG. 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 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 (see ADDRESSES) no later than 5 p.m. Pacific 
daylight time on May 19, 2000.

ADDRESSES: Written comments on the application, Plan, or draft EA 
should be sent to Herbert Pollard, Sustainable Fisheries Division, 
NWR2, 525 NE Oregon Street, Suite 510, Portland, OR 97232-2737. 
Comments may also be sent via fax to (208) 378-5699. 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 Sustainable Fisheries Division (H/IF Br.), NWR2, 525 NE Oregon 
Street, Suite 510, Portland, OR 97232-2737. Comments received will also 
be available for public inspection, by appointment, during normal 
business hours by calling (208) 378-5614.

FOR FURTHER INFORMATION CONTACT: Herbert Pollard, Portland, OR (ph.: 
(208) 378-5614, fax: (208) 378-5699, 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, evolutionarily significant units (ESU's), 
and runs are included in the Plan and Permit application:
    Chinook salmon (Oncorhynchus tshawytscha): threatened naturally 
produced and artificially propagated Snake River (SnR) spring/summer, 
threatened SnR fall.
    Sockeye salmon (O. nerka): endangered SnR.
    Steelhead (O. mykiss): threatened SnR.
    To date, final protective regulations for threatened SnR steelhead 
under section 4(d) of the ESA have not been promulgated by NMFS. 
Protective regulations are currently proposed for threatened SnR 
Steelhead (64 FR 73479, December 30, 1999. This notice of receipt of an 
application requesting take of this species is issued as a precaution 
in the event that NMFS issues final protective regulations that 
prohibit take of threatened SnR steelhead. The initiation of a 30-day 
public comment period on the application, including its proposed takes 
of threatened SnR steelhead does not presuppose the contents of the 
eventual final protective regulations.

Background

    From 1993 through 1998 recreational fisheries managed by IDFG were 
conducted under the terms of a section 10 (a)(1)(B) permit (844) issued 
by NMFS on May 20, 1993. On May 26, 1999, permit 844 was replaced with 
permit 1150 for continued conduct of the same activities. Permit 1150 
was issued for only 7 months and expired on December 31, 1999. IDFG has 
applied

[[Page 20952]]

for a 5-year ESA section 10(a)(1)(B) permit (1233) for incidental takes 
of ESA-listed adult and juvenile salmonids associated with recreational 
fisheries during 2000 through 2004 on non-listed species in the Snake 
River and its tributaries in the State of Idaho.

Conservation Plan

    The Conservation Plan prepared by IDFG 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 through 2004:

Resident Fish Species Sport Fishing - General Fishing Regulations

    The general statewide stream season in Idaho runs from Saturday of 
the Memorial Day weekend through November 30. Exceptions to the general 
stream season include certain river sections that are open year-round 
and rivers or stream sections that are closed to all fishing for all or 
part of the general stream season. Most lakes, ponds and reservoirs are 
open to fishing the entire year, with exceptions to protect particular 
resources.

Anadromous Salmon Sport Fishing - Anadromous Salmon Fishing Regulations

    Fisheries for spring/summer chinook salmon, when returns allow, 
typically occur from mid-May up to August 4. Closing salmon fishing on 
or before August 4 is designed to protect listed fall chinook. Chinook 
fisheries are based on quotas of non-listed components and take limits 
of ESA-listed components of the run. Chinook fisheries may be closed on 
short notice when in-season monitoring indicates that criteria are met.

Spring and Fall Steelhead Sport Fishing - Steelhead Fishing Regulations

    The steelhead harvest season lasts from September 1 through April 
30, except steelhead may not be harvested until October 15 on the 
Clearwater River and the mainstem Salmon River fishery closes on March 
31. The Little Salmon River is the only Salmon River tributary open to 
harvest of steelhead. Only non-listed, hatchery-produced steelhead that 
have been marked by a clipped adipose fin may legally be harvested by 
anglers.
    Incidental mortalities of ESA-listed fish associated with the IDFG 
recreational fishery programs are requested at levels specified in the 
Permit application. IDFG is proposing to limit state recreational 
fisheries such that the incidental impacts on ESA-listed salmonids will 
be minimized. Three alternatives for the IDFG fisheries were provided 
in the Plan, including: (1) the no action alternative; (2) the proposed 
conservation plan alternative (based on continuing fisheries at levels 
similar to those permitted since 1995); and (3) historic fishing 
levels.

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: April 13, 2000.
Craig Johnson,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 00-9841 Filed 4-18-00; 8:45 am]
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