[Federal Register Volume 65, Number 104 (Tuesday, May 30, 2000)]
[Notices]
[Pages 34442-34443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13431]



[[Page 34442]]

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D.051800F]


Availability of a Draft Environmental Assessment/Finding of No 
Significant Impact and Receipt of an Application for an Incidental Take 
Permit (1255).

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

ACTION: Notice of availability.

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

SUMMARY: NMFS has received an application for an incidental take permit 
(Permit) from the Oregon Department of Fish and Wildlife (ODFW) and the 
Washington Department of Fish and Wildlife (WDFW) pursuant to section 
10(a)(1)(B) of the Endangered Species Act of 1973, as amended (ESA). As 
required by section 10 (a)(2)(B) of the ESA, ODFW and WDFW have 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 sport and commercial 
fisheries on non-listed species in the lower and middle Columbia River 
and its tributaries in the Pacific Northwest. The duration of the 
proposed Permit and Plan is one year. The Permit application includes 
the proposed Plan submitted by ODFW and 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 section 10(c) of 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 no later than 5:00pm Pacific standard time on 
June 29, 2000.

ADDRESSES: Written comments on the application, Plan, or draft EA 
should be sent to Enrique Patino, Sustainable Fisheries Division, F/
NWR2, 7600 Sand point Way NE, Seattle, WA, 98115-0070. Comments may 
also be sent via fax to 206-526-6736. 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 (SFD), F/NWR2, 7600 Sand point Way NE, Seattle, WA, 
98115-0070. Comments received will also be available for public 
inspection, by appointment, during normal business hours by calling 
206-526-4655.

FOR FURTHER INFORMATION CONTACT: Enrique Patino, Seattle, WA (ph: 206-
526-4655, fax: 206-526-6736, 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 and evolutionarily significant units (ESU's) 
are included in the Plan and Permit application:
    Fish
    Chinook salmon (Oncorhynchus tshawytscha): threatened Snake River 
(SnR) fall, threatened lower Columbia River (LCR).
    Steelhead (O. mykiss): threatened SnR, endangered naturally 
produced and artificially propagated UCR, threatened middle Columbia 
River (MCR), threatened LCR, threatened Upper Willamette River (UWR).
    Chum Salmon (Oncorhynchus keta): threatened Columbia River (CR).
    To date, protective regulations for threatened LCR chinook salmon, 
threatened SnR, MCR, LCR, and UWR steelhead, and threatened CR chum 
salmon under section 4(d) of the ESA have not been promulgated by NMFS. 
This notice of receipt of an application requesting takes of these 
species is issued as a precaution in the event that NMFS issues 
protective regulations that prohibit takes of threatened LCR chinook 
salmon, and/or threatened SnR, MCR, LCR and/or UWR steelhead. The 
initiation of a 30-day public comment period on the application, 
including its proposed takes of threatened LCR chinook salmon, and 
threatened SnR, MCR, and LCR steelhead does not presuppose the contents 
of the eventual protective regulations.

Background

    Fall season fisheries in the Columbia River have been managed since 
1996 under provisions of the 1996-1998 Management Agreement for Upper 
Columbia River Spring Chinook, Summer Chinook and Sockeye. The 
Management Agreement modified provisions of the CRFMP to include 
additional provisions for listed species. The CRFMP and thus the 
associated Management Agreement expired by their own terms on December 
31, 1998, but were extended by agreement of the parties and court order 
through July 31, 1999. Since NMFS was a signatory party to the CRFMP, 
and approval of the CRFMP was a federal action subject to section 7 
consultation, incidental take associated with the ODFW and WDFW 
fisheries was authorized in biological opinions issued on the CRFMP. 
NMFS has advised the states that, with the expiration of the CRFMP, and 
absent any subsequent agreement among the parties to U.S. v. Oregon, 
there is no longer a federal action that provides a nexus for section 7 
consultation. Because the immediate prospects for reaching an agreement 
remain uncertain, ODFW and WDFW have applied for a one-year ESA section 
10(a)(1)(B) permit for incidental takes of ESA-listed adult and 
juvenile salmonids associated with sport and commercial fisheries 
during the fall season 2000 on non-listed species in the lower and 
middle Columbia River and its tributaries in the Pacific Northwest.

Conservation Plan

    The Conservation Plan prepared by ODFW and 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 which are expected to occur during the fall season 
2000 with approximate dates as specified:
    Mainstem Commercial Salmon/Sturgeon Fisheries: mid-August through 
mid-September.
    Fall Commercial Fishery--Select Areas: August through October.
    Smelt Commercial Fishery/Test Fishery: December 1 through March 31.
    Commercial anchovy and herring bait fishery: open year round.
    Mainstem Salmon/Steelhead Recreational Fishery: August 1 through 
December 31.
    Warmwater Recreational Fishery: open year round.
    Columbia River Tributary Recreational Salmon and Steelhead 
Fisheries: August through December.
    Select Area Recreational fisheries: open under permanent 
regulations for the entire year.
    Sturgeon Recreational Fishery: open year-round

[[Page 34443]]

    Steelhead Recreational Fishery--Ringold: August 1 through December 
31.
    Sturgeon tagging stock assessment: May through July.
    Fall Selective Gear Test Fishery: September through October.
    Wanapum Tribe Subsistence Fishery : September.
    ESA-listed fish incidental mortalities associated with the ODFW and 
WDFW fishery programs are requested at levels specified in the Permit 
application. ODFW/WDFW are proposing to limit state in-river fisheries 
such that the incidental impacts on ESA-listed salmonids will be 
minimized. Eight alternatives for the ODFW and WDFW fisheries were 
provided in the Plan, including: (1) Historic baseline; (2) 1988 
Columbia River Fish Management Plan; (3) 1996-1998 Management 
Agreement; (4) 1999 Management Agreement; (5) 1996-1999 actual impact 
rates; (6) equitable non-Indian and treaty Indian chinook allocation; 
(7) reasonable non-Indian fishery opportunity (selected alternative); 
and (8) No action.

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: May 24, 2000.
Wanda L. Cain,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 00-13431 Filed 5-26-00; 8:45 am]
BILLING CODE 3510-22-F