[Federal Register Volume 65, Number 116 (Thursday, June 15, 2000)]
[Notices]
[Page 37524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15177]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 041000B] [A]


Notice of Decision and Availability of Decision Documents on the 
Issuance of a Permit for Incidental Takes 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 (1233) 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 Idaho 
Department of Fish and Game (IDFG), 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 1233 was issued on May 26, 2000, subject to certain 
conditions set forth therein, and expires on December 31, 2004.

ADDRESSES: Requests for copies of the decision documents or any of the 
other associated documents should be directed to the Hatcheries and 
Inland Fisheries Branch, Sustainable Fisheries Division, F/NWO3, NMFS, 
525 NE Oregon Street, Suite 510, Portland, OR 97232-2737 (503-230-
5407).

FOR FURTHER INFORMATION CONTACT: Herbert Pollard, Portland, OR, at 
phone number: (208) 378-5614, fax: (208) 378-5699, or e-mail: 
[email protected]

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

Decision

    Notice was published on April 19, 2000 (65 FR 20951) that IDFG 
applied for a section 10(a)(1)(B) permit for annual incidental takes of 
ESA-listed anadromous fish associated with otherwise lawful 
recreational fisheries on non-listed species in the Snake, Salmon, and 
Clearwater River Basins and the Stanley Basin lakes in the State of 
Idaho in the Pacific Northwest. IDFG submitted a Conservation Plan with 
its permit application that describes measures designed to monitor, 
minimize, and mitigate the incidental taking of ESA-listed anadromous 
salmonids associated with the sport-fisheries, some or all of which are 
expected to occur annually for the duration of the permit.
    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 IDFG's mitigation program will be 
implemented, all practicable means to avoid or minimize harm have been 
adopted.
    IDFG requested an annual incidental take of threatened SnR 
steelhead. Protective regulations are currently proposed for SnR 
steelhead (64 FR 73479, December 30, 1999). NMFS did not act on that 
part of IDFG'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 SnR steelhead, NMFS may amend the permit to 
include the authorization for an incidental take of this species as 
IDFG requested in its 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 IDFG meets the statutory criteria for issuance of an 
incidental take permit under section 10 of the ESA. In issuing the 
permit, NMFS determined that IDFG'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: June 9, 2000.
Wanda L. Cain,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 00-15177 Filed 6-14-00; 8:45 am]
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