[Federal Register Volume 65, Number 210 (Monday, October 30, 2000)]
[Notices]
[Pages 64685-64687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27823]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 102000B]


Endangered Species; Permits

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

ACTION: Receipt of an application for a enhancement permit 1251; 
Issuance of scientific research/enhancement permit 1128, scientific 
research permit 1149; Issuance of modified permits 1011 and 1144; 
Issuance of amended permit 1133.

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SUMMARY: Notice is hereby 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 received a 
enhancement permit application from Mr. Steven Fields, of Magnolia 
Springs State Park - GADNR (1251); NMFS has issued a scientific 
research/enhancement permit to the Oregon Department of Fish and 
Wildlife at La Grande, OR (ODFW) (1128); NMFS has issued a permit to 
the Columbia River Inter-Tribal Fish Commission at Portland, OR 
(CRITFC) (1149) and permit modifications to the Oregon Department of 
Fish and Wildlife at Portland, OR (ODFW) (1011) and Bruce D. Peery, 
Michael J. Bresette and Jonathan C. Gorham (1144); NMFS has issued an 
amended permit 1133 to Dr. Andre M. Landry, Jr., of the Department of 
Marine Biology, Texas A&M University at Galveston (TAMUG) (1133).

DATES: Comments or requests for a public hearing on any of the new 
applications or modification requests must be received at the 
appropriate address or fax number no later than 5 p.m. eastern standard 
time on November 29, 2000.

ADDRESSES: Written comments on any of the new applications or 
modification requests should be sent to the appropriate office as 
indicated below. 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 application 1251; permits 1133 and 1144: Endangered Species 
Division, Office of Protected Resources, NMFS, 1315 East-West Highway, 
Silver Spring, MD, 20910 301-713-1401.
    For permits 1128, 1149, 1011: Protected Resources Division, F/NWO3, 
525 NE Oregon Street, Suite 500, Portland, OR 97232-2737 (ph: 503-230-
5400, fax: 503-230-5435).
    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 application 1251, permits 1133 and 
1144: Terri Jordan, Silver Spring, MD (ph: 301-713-1401, fax: 301-713-
0376, e-mail: [email protected]).
    For permits 1128, 1149, 1011: Robert Koch, Portland, OR (ph: 503-
230-5424, fax: 503-230-5435, e-mail: [email protected]).

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 
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 evolutionarily significant units (ESU's) 
are covered in this notice:

Fish

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

[[Page 64686]]

Turtles

    Endangered Green turtle (Chelonia mydas)
    Endangered Hawksbill turtle (Eretmochelys imbricata)
    Endangered Kemp's ridley turtle (Lepidochelys kempii)
    Threatened Loggerhead turtle (Caretta caretta)

New Applications Received

    Application 1251: The applicant requests a 5-year permit to 
continue to maintain two (2) adult shortnose sturgeon in captivity for 
enhancement purposes. The applicant currently possesses two adult 
shortnose sturgeon received from the U.S. Fish and Wildlife Service 
hatchery at Warm Springs, Georgia in November 1996 under scientific 
research permit 986. Permit 986 will expire on December 31, 2000, and 
the permit holder does not wish to renew the enhancement aspects of the 
permit. As a direct result, Magnolia Springs State Park - GADNR is 
applying for an individual permit to continue maintenance of these 
fish.

Permits, Modifications and Amendments Issued

    Permit 1128: Notice was published on March 24, 1998, (63 FR 14069) 
that ODFW applied for a scientific research/enhancement permit. Permit 
1128 was issued to ODFW on May 22, 2000, and a subsequent permit 
amendment was issued on September 21, 2000. Permit 1128 authorizes ODFW 
annual takes of adult and juvenile, threatened, naturally produced and 
artificially propagated, SnR spring/summer chinook salmon associated 
with a supplementation program at the Imnaha River and Lookingglass 
Creek Hatcheries. The objectives of ODFW's program are to: (1) Restore 
natural populations of chinook salmon in the basin to ESA delisting 
levels, (2) reestablish traditional tribal and recreational fisheries 
for chinook salmon, (3) maintain the genetic and life history 
characteristics of the endemic wild population while pursuing 
mitigation goals and management objectives, and (4) operate the 
hatchery program to ensure that the genetic and life history 
characteristics of the hatchery fish mimic the wild fish. ODFW will 
retain a percentage of the ESA-listed adult salmon that return to the 
Imnaha River weir each year for hatchery broodstock and release all of 
the ESA-listed adult salmon not retained for broodstock above the weir 
to spawn naturally. In a given year, if more hatchery-origin adult 
salmon are available than are needed to release above the weir or to 
keep for broodstock, ODFW will transport the excess hatchery-origin 
adults to Big Sheep and/or Lick Creeks and outplant them for natural 
spawning. ESA-listed adult salmon retained for broodstock will be 
transported to the hatcheries and spawned. The resulting progeny will 
be reared in the hatcheries, tagged with coded-wires and passive 
integrated transponders, and released when ready to outmigrate to the 
ocean. Annual incidental takes of endangered SnR sockeye salmon, 
threatened SnR fall chinook salmon, and threatened SnR steelhead 
associated with ODFW's hatchery operations and juvenile fish releases 
from ODFW's hatchery supplementation program are also authorized. The 
purpose of the September 21, 2000, amendment of permit 1128 was to 
correct some inadvertent clerical errors. Permit 1128 expires on 
December 31, 2003.
    Permit 1149: Notice was published on April 23, 1998 (63 FR 20169), 
that CRITFC applied for a scientific research/enhancement permit 
(1149). Permit 1149 was issued to CRITFC on October 13, 2000. Permit 
1149 authorizes the Nez Perce Tribe (NPT), a member tribe of CRITFC, 
annual takes of adult and juvenile, threatened, naturally produced and 
artificially propagated, SnR spring/summer chinook salmon associated 
with its contribution to a hatchery supplementation program for the 
Lostine River population of chinook salmon. The supplementation program 
is a component of a coordinated enhancement effort initiated by ODFW in 
1995 with a captive broodstock program for three Grande Ronde River 
Basin populations: Catherine Creek, upper Grande Ronde River, and 
Lostine River. NPT's objectives are to: (1) collect adult chinook 
salmon from the Lostine River to be used as broodstock to produce 
smolts through conventional hatchery production for acclimated releases 
back into the Lostine River; (2) provide monitoring and evaluation of 
returning adults from captive brood, conventional, and natural 
production; and (3) provide acclimation release facilities for captive 
brood smolts produced under the authority of ODFW's permit 1011 (see 
below). ESA-listed adult salmon that return to the Lostine River each 
year will be captured by NPT at a weir, tagged and/or marked, and 
sampled for tissues and scales. NPT will retain a percentage of the 
ESA-listed adult salmon from natural production or conventional 
hatchery production that return to the weir each year for hatchery 
broodstock. The ESA-listed adult salmon not retained for broodstock, 
including all adult salmon from captive brood production, will be 
released above the weir to spawn naturally. ESA-listed adult salmon 
retained for broodstock will be transported to ODFW's Lookingglass 
Hatchery and spawned under the authority of ODFW's permit 1011. The 
resulting progeny will be reared in the hatchery, tagged with coded-
wires and passive integrated transponders, and transferred to NPT for 
release when they are ready to outmigrate to the ocean. Annual 
incidental takes of SnR sockeye salmon, SnR fall chinook salmon, and 
SnR steelhead associated with NPT's juvenile fish releases in the 
Lostine River are also authorized. Permit 1149 expires on December 31, 
2002.
    Permit 1011: Notice was published on April 23, 1998 (63 FR 20169), 
that ODFW applied for modification 2 to scientific research/enhancement 
permit 1011. Modification 2 to permit 1011 was issued to ODFW on 
October 13, 2000. Permit 1011 authorizes ODFW annual takes of adult and 
juvenile, threatened, naturally produced and artificially propagated, 
SnR spring/summer chinook salmon associated with a captive broodstock 
program for the Catherine Creek, upper Grande Ronde River, and Lostine 
River populations of chinook salmon. For modification 2, ODFW is 
authorized to use adult weirs to capture returning adults from 
Catherine Creek and the upper Grande Ronde River for broodstock to 
continue the hatchery supplementation program that was initiated by 
ODFW in 1997. NPT is a cooperator with ODFW's enhancement efforts and 
will be primarily responsible for operating adult trapping and smolt 
acclimation facilities at the Lostine River under the authority of 
permit 1149 (see above). The ESA-listed adult salmon not retained for 
broodstock, including all adult salmon from captive brood production, 
will be tagged and/or marked, sampled for tissues and scales, and 
released above the weirs to spawn naturally. ESA-listed adult salmon 
retained for broodstock will be transported to ODFW's Lookingglass 
Hatchery where they will be spawned, the resulting eggs incubated, and 
the juveniles reared. The resulting smolts will be transported and 
released in their respective stream of origin when they are ready to 
outmigrate to the ocean. Annual incidental takes of SnR sockeye salmon, 
SnR fall chinook salmon, and SnR steelhead associated with ODFW's 
hatchery operations and juvenile fish releases are authorized. The 
Confederated Tribes of the Umatilla Indian Reservation, a member of 
CRITFC, is authorized to act as an agent

[[Page 64687]]

of ODFW under permit 1011. Permit 1011, which was due to expire on 
December 31, 2000, has been extended for 2 years and is now due to 
expire on December 31, 2002. Modification 2 is valid for the duration 
of the permit.
    Permit 1133: Andre M. Landry currently possesses a 5-year 
scientific research permit to take listed sea turtles for the purpose 
of conducting studies on population status and recovery potential, 
habitat preference, movement and migration, foraging patterns, and 
impact of man's activities such as commercial and recreational fishing, 
dredging and habitat alteration/pollution. Dr. Landry is currently 
authorized to take listed sea turtles annually from locations within 
the Western Gulf of Mexico, through the use of entanglement nets.
    Due to a recent net mortality, NMFS has amended permit 1133 to add 
special conditions to reduce the likelihood of additional mortalities 
associated with research activities in the Gulf of Mexico. The 
amendment also clarifies take levels from the original permit and 
updates regulatory citations. Amendment 1 to Permit 1133 was issued on 
October 19, 2000, authorizing the continued take of listed species. 
Permit 1133 expires January 31, 2003.
    Permit 1144: Notice was published on June 21, 2000 (65 FR 38509), 
that Bruce D. Peery, Michael J. Bresette and Jonathan C. Gorham applied 
for a modification to 1144. The applicants possess a 2-year scientific 
research permit to take up to 100 green (Chelonia mydas), five Kemp's 
ridley (Lepidochelys kempii) and 25 loggerhead (Caretta caretta) 
turtles annually in large mesh tangle nets for the purposes of stock 
assessment to characterize the sea turtles that utilize the southern 
Indian River Lagoon System, Florida. Captured turtles will be weighed, 
photographed, measured, tagged, and released. Modification #2 extends 
the expiration date of permit #1144 to July 31, 2003.

    Dated: October 24, 2000.
Margaret C. Lorenz,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 00-27823 Filed 10-27-00; 8:45 am]
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