[Federal Register Volume 65, Number 239 (Tuesday, December 12, 2000)]
[Notices]
[Pages 77584-77586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31650]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 120400C]


Availability of a Draft Environmental Assessment/Finding of No 
Significant Impact and Receipt of an Application for an Incidental Take 
Permit (1272)

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

ACTION: Notice of availability.

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

SUMMARY: NMFS 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 the 
Endangered Species Act of 1973, as amended (ESA). As required by the 
ESA, ODFW and WDFW have also prepared a conservation plan (Plan)

[[Page 77585]]

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 1 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.

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 p.m. Pacific standard time on 
January 11, 2001.

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) spring, threatened(SnR) summer, endangered Upper Columbia river 
spring (UCR), threatened Upper Willamette River spring (UWR) (LCR), 
threatened lower Columbia River spring (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).
    Sockeye Salmon (Oncorhynchus nerka): endangered SnR.
    To date, protective regulations for threatened LCR chinook salmon 
under section 4(d) of the ESA have not been promulgated by NMFS. This 
notice of receipt of an application requesting takes of this species is 
issued as a precaution in the event that NMFS issues protective 
regulations that prohibit takes of threatened LCR chinook salmon. The 
initiation of a 30-day public comment period on the application, 
including its proposed takes of threatened LCR chinook salmon does not 
presuppose the contents of the eventual protective regulations.

Background

    Winter/spring/summer (w/s/s) 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 Columbia River Fish Management Plan (CRFMP) to include additional 
provisions for newly 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 ESA 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 ESA 
section 7 consultation. Because the immediate prospects for reaching an 
agreement remain uncertain, ODFW and WDFW have applied for a 1-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 w/s/s season 2001 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 from January 1 through 
July 31, 2001, with approximate dates as specified:
    Winter commercial sturgeon fishery: January and February 2001.
    Winter commercial salmon fishery: February through April 2001.
    Spring chinook commercial fishery - Select Areas: April through 
June 2001.
    Smelt commercial fishery/test fishery: December 1 through March 31, 
2001.
    Anchovy and herring commercial bait fishery: Year round.
    Shad commercial fishery - Area 2S: Mid-May through early August 
2001.
    Shad commercial fishery - Washougal Reef: May and June 2001.
    Sockeye commercial fishery: June and July 2001.
    Spring chinook sport fishery - mainstem Columbia River: January 1 
through March 31, 2001.
    Spring chinook sport fishery - Select Areas: Year round.
    Steelhead/trout sport fishery - mainstem Columbia River: May 16 to 
October 31 below the I-5 Bridge and from June 16 to December 31 above 
the I-5 Bridge up to the Highway 395 Bridge at Pasco, Washington
    Spring chinook/steelhead sport fishery - Ringold: January 1 through 
March 31, 2001.
    Smelt recreational fishery
    Shad recreational fishery: Late May and early July 2001.
    Sockeye recreational fishery: June and July 2001.
    Sturgeon recreational fishery: March through July 2001.
    Warmwater recreational fishery: Year round
    Spring chinook test fishery - Corbett: April 2001.
    Sturgeon tagging stock assessment project: May through July 2001.
    Spring chinook Indian subsistence fishery - Wanapum Tribe: May 
through July 2001.
    ESA-listed fish incidental mortalities associated with the ODFW and 
WDFW fishery programs are requested at levels

[[Page 77586]]

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. Seven alternatives for the ODFW and WDFW 
fisheries were provided in the Plan, including: (1) historic baseline; 
(2) Columbia River Fish Management Plan; (3) Willamette subbasin Plan; 
(4) Willamette spring Chinook fishery Management and evaluation Plan; 
(5) 1996-99 Management agreement Limits;(6) 1996-99 Actual Harvest 
Rates; and (7) 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. Two Federal action alternatives have been analyzed in the EA, 
including: (1) the no action alternative; and (2) issue a permit with 
conditions.
    This notice is provided pursuant to section 10 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: December 7, 2000.
Wanda L. Cain,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 00-31650 Filed 12-11-00; 8:45 am]
BILLING CODE: 3510-22 -S