[Federal Register Volume 65, Number 76 (Wednesday, April 19, 2000)]
[Notices]
[Pages 20952-20954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9843]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 041000C]


Availability of a Draft Environmental Assessment/Finding of No 
Significant Impact and Receipt of an Application for an Incidental Take 
Permit (1248)

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 Washington Department of Fish and Wildlife (WDFW) 
according to the Endangered Species Act of 1973, as amended (ESA). As 
required by the ESA, WDFW 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 upper 
Columbia River and its tributaries in the state of Washington. The 
duration of the proposed Permit and Plan is five years. The Permit 
application includes the proposed Plan submitted by WDFW. 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 5:00 pm Pacific 
daylight time on May 19, 2000.

ADDRESSES: Written comments on the application, Plan, or draft EA 
should be sent to Lance Kruzic, Sustainable Fisheries Division, F/NWR3, 
525 NE Oregon Street, Suite 510, Portland, OR 97232-2737. Comments may 
also be sent via fax to 503-872-2737. 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, F/NWO3, 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 
503-230-5407.

FOR FURTHER INFORMATION CONTACT: Lance Kruzic, Portland, OR (ph: 503-
231-2178, fax: 503-872-2737, 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

[[Page 20953]]

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): endangered naturally 
produced and artificially propagated upper Columbia River (UCR) spring.
    Steelhead (O. mykiss): endangered naturally produced and 
artificially propagated UCR.

Background

    On March 13, 2000, WDFW submitted an application to NMFS for an ESA 
section 10(a)(1)(B) permit for an incidental take of ESA-listed 
anadromous fish species associated with seven recreational fishery 
programs to be conducted above Priest Rapids Dam on the Columbia River 
and its tributaries from 2000 to 2004. Currently, this includes 
endangered spring chinook salmon and steelhead in the UCR 
Evolutionarily Significant Units (ESUs). The proposed fisheries solely 
target resident trout, smallmouth bass, walleye, sturgeon, whitefish, 
and non-listed chinook salmon. The proposed implementation of these 
fisheries will allow fishing for recreational purposes and will provide 
economic opportunity for local communities through the sale of 
licences, equipment, and the conduct of other financial transactions 
related to the recreational fisheries.

Conservation Plan

    The Conservation Plan prepared by WDFW 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 that are expected to occur during 2000 through 2004:

Rainbow, Cutthroat, and Brook Trout Sport Fishery

    This fishery is scheduled to occur June 1 through September 30 in 
the mainstem Methow River, and two of its tributaries, the Chewuch and 
Twisp rivers. However, due to stream runoff, angling typically occurs 
after the first part of July. The regulations for this fishery are 
catch and release of trout only using unscented, artificial flies and 
lures with single, barbless hooks. Bait is prohibited.

Summer/Fall Chinook Salmon Sport Fishery

    Summer/fall chinook salmon in the UCR region are not listed under 
the ESA. Angling for summer/fall chinook salmon above Priest Rapids Dam 
is allowed from September 16 to December 31. However, most of the 
angling only occurs until the middle of October.

Leavenworth Hatchery Spring Chinook Salmon Sport Fishery

    Spring chinook salmon returning to Leavenworth Hatchery are not 
indigenous to the ESU and were not included as part of the ESU. 
Inseason run abundance of hatchery and wild spring chinook salmon 
returning to the UCR determines if and when the harvest of hatchery 
chinook salmon will be allowed. This fishery typically occurs in May 
and June. Angling is allowed only from the mouth of Icicle Creek 
upstream to 400 feet below the Leavenworth Hatchery adult collection 
facility.

Smallmouth Bass Sport Fisheries

    This fishery is open year round under permanent state regulations 
in the mainstem Columbia River and Okanogan River below Malott Bridge. 
However, most angling occurs after spring runoff (July through 
September) when streamflows and warmer water permit successful angling. 
Anglers typically use buoyant plugs and soft bodied jigs.

Walleye Sport Fisheries

    The walleye fishery is open year round under permanent state 
regulations in the mainstem Columbia River, with most angling occurring 
between January and April, when the fish aggregate prior to spawning. 
Most of the fishing occurs below the tailraces of the mainstem Columbia 
River dams. Fishing tackle typically includes soft body grubs, buoyant 
plugs, and spinner baits.

Sturgeon Sport Fishery

    A year round, catch and release only, sturgeon fishery occurs under 
permanent state regulations in the mainstem Columbia River. Limited 
angling occurs in the mainstem river above Priest Rapids Dam using very 
large hooks (>4/0) with bait. Fishing occurs primarily in the deep 
water areas.

Whitefish Sport Fishery

    This fishery is proposed to occur from December 1 through March 3 
of each year. Use of bait is allowed if hooks are size #14 (3/16 hook 
gap size) or smaller. Fishing is limited to the following specific 
locations: Chewuch River from the mouth to the Pasayten Wilderness 
boundary, Methow River from the mouth to the falls above Brush Creek, 
Similkameen River from the mouth to the Canadian border, Entiat River 
from the mouth to Entiat Falls, and the Wenatchee River from the mouth 
to Highway 2 bridge at Leavenworth.

Other Gamefish and Non-gamefish Sport Fisheries

    In addition to the fish species listed above, over 20 other species 
may be incidentally taken by anglers while fishing in the specific 
areas above.
    Incidental mortalities of ESA-listed fish associated with the WDFW 
recreational fishery programs are requested at levels specified in the 
Permit application. WDFW is proposing to limit state recreational 
fisheries such that the incidental impacts on ESA-listed salmonids will 
be minimized. Two alternatives for the WDFW fisheries were provided in 
the Plan, including: (1) the no action alternative; (2) and the 
proposed conservation plan alternative (based on implementation of the 
fisheries with a comprehensive monitoring program).

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

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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. 00-9843 Filed 4-18-00; 8:45 am]
BILLING CODE 3510-22-F