[Federal Register Volume 65, Number 125 (Wednesday, June 28, 2000)]
[Notices]
[Pages 39869-39870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16350]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 061900D]


Notice of Decision and Availability of Decision Documents on the 
Issuance of a Permit for Incidental Takes of Threatened and Endangered 
Species (1233); Issuance of Modifications to Existing Permits (988, 
1030); and Receipt of Application for Scientific Research (1254)

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; issuance of modification number 3 to permit 1030; 
issuance of modification number 1 to permit 988; receipt of an 
application for a scientific research permit (1254).

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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. Notice is also given of 
the following actions regarding permits for takes of endangered and 
threatened species for the purposes of scientific research and/or 
enhancement: NMFS has issued modification number 1 to permit 988 to Dr. 
Peter Dutton of NMFS--Southwest Fisheries Science Center (SWFSC) (988) 
and NMFS has issued modification number 3 to permit 1030 to Mr. Reed 
Bohne, of NOAA--Gray's Reef NMS (GRNMS) (1030); and NMFS has received 
an application for a scientific research permit from Mr. Martin Daley, 
of Central Hudson Gas & Electric Corporation (CHPG) (1254).

ADDRESSES: Written comments on any of the new applications or 
modification requests should be sent to the appropriate office as 
indicated here. Comments may also be sent via fax to the number 
indicated for the application or modification request. Comments will 
not be accepted if submitted via e-mail or the internet. The 
applications and related documents are available for review in the 
indicated office, by appointment:
    For permits 1030, 988 and 1254, Endangered Species Division, Office 
of Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, 
MD, 20910 (Ph.: 301-713-1401).
    For permit 1233, Hatcheries and Inland Fisheries Branch, 
Sustainable Fisheries Division, F/NWO3, NMFS, 525 NE Oregon Street, 
Suite 510, Portland, OR 97232-2737 (503-230-5407).
    Documents may also be reviewed by appointment in the Office of 
Protected Resources, F/PR3, NMFS, 1315 East-West Highway, Silver 
Spring, MD 20910-3226 (301-713-1401).

FOR FURTHER INFORMATION CONTACT: For permit 1233: Herbert Pollard, 
Portland, OR (208) 378-5614, fax: (208) 378-5699, or e-mail: 
[email protected]
    For permits 988, 1030, and 1254: Terri Jordan, Silver Spring, MD, 
(301-713-1401 x148).

SUPPLEMENTARY INFORMATION:

Authority

    Issuance of permits and permit modifications, as required by the 
Endangered Species Act of 1973 (16 U.S.C. 1531-1543) (ESA), is based on 
a finding that such permits/modifications: (1) are applied for in good 
faith; (2) would not operate to the disadvantage of the listed species 
which are the subject of the permits; and (3) are consistent with the 
purposes and policies set forth in section 2 of the ESA. Authority to 
take listed species is subject to conditions set forth in the permits. 
Permits and modifications are issued in accordance with and are subject 
to the ESA and NMFS regulations governing listed fish and wildlife 
permits (50 CFR parts 222-226).
    Those individuals requesting a hearing on an application listed in 
this notice should set out the specific reasons why a hearing on that 
application would be appropriate (see ADDRESSES). The holding of such

[[Page 39870]]

hearing is at the discretion of the Assistant Administrator for 
Fisheries, NOAA. All statements and opinions contained in the permit 
action summaries are those of the applicant and do not necessarily 
reflect the views of NMFS.

Species Covered in This Notice

    The following species and evolutionary significant units (ESU's) 
are covered in the permit:

Fish

    Chinook salmon (Oncorhynchus tshawytscha): threatened Snake River 
(SnR) spring/summer, threatened SnR fall.
    Sockeye salmon (O. nerka): endangered SnR.
    Steelhead (O. mykiss): threatened SnR.
    Shortnose sturgeon (Acipenser brevirostrum).

Turtles

    Threatened Loggerhead turtle (Caretta caretta).
    Endangered Green turtle (Chelonia mydas).
    Endangered Olive ridley turle (Lepidochelys olivacea).

Permits and Modifications Issued

Permit Issued

    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.

Modification to Permits Issued

    Mr. Reed Bohne, of GRNMS has applied for a modification to 1030. 
Modification number 3 names Mr. Bohne as the permit holder, removes 
three individuals as designated agents and adds three additional 
individuals. Permit 1030 authorizes the take up to 25 listed loggerhead 
sea turtles each year in the waters within and adjacent to the Gray's 
Reef National Marine Sanctuary and on Wassaw, Ossabaw, Sapelo, or 
Blackbeard Islands on the Georgia coast. The turtles will be taken for 
examination, tagging, testing, observation, collection of biological 
information, rehabilitation if necessary, and release. Turtles will be 
acquired by takes from the wild and also from sources authorized to 
incidentally capture. Animals would be tagged with flipper (inconel), 
and PIT (passive inductive transponder) tags, radio, sonic, or 
satellite telemeters. Biological information will be collected in the 
form of blood samples. All information gathered would augment an 
extensive sea turtle database used to study population trends, 
migrations, habitat, and diving behavior. Modification number 3 to 
Permit 1030 was issued on June 15, 2000, authorizing take of listed 
species. Permit 1030 expires March 31, 2002.
    Dr. Peter Dutton of the SWFSC applied for a modification to 988. 
Modification number 1 authorizes Dr. Dutton to use five satellite 
transmitters in lieu of five previously permitted radio transmitters. 
Permit 988 authorizes the capture 50 green turtles, five olive ridley 
turtles, and five loggerhead turtles in San Diego Bay. The turtles will 
be measured, weighed, have blood samples taken, and have tags and 
transmitters attached. Some turtles will have lavage stomach sampling 
performed. Turtles will be recaptured monthly for growth measurements. 
The purpose of the research is to reassess the status of sea turtles in 
San Diego Bay. Data collected will be compared to baseline data to 
determine which turtles are still resident in the Bay, and to determine 
growth and tag retention rates. Information will be collected on turtle 
numbers, species, size, sex, tags, health status, stock origin, and 
behavior and movement patterns. Genetic analysis of blood samples will 
contribute to an international effort to determine stock structure of 
Pacific sea turtles. Modification number 1 to Permit 988 was issued on 
June 15, 2000, authorizing take of listed species. Permit 988 expires 
April 30, 2001.

New Applications Received

    Application 1254: The applicant has requested a five-year 
scientific research permit to conduct a monitoring study as part of an 
incidental take permit for the operation of the Roseton and Danskammer 
Point power plants. The applicant will be collecting larvae, juvenile 
and adult shortnose sturgeon in various location in the Hudson River 
between the estuary and river mile 65.

    Dated: June 22, 2000.
Craig Johnson,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 00-16350 Filed 6-27-00; 8:45 am]
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