[Federal Register Volume 66, Number 23 (Friday, February 2, 2001)]
[Notices]
[Pages 8779-8780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2883]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 012601A]


Endangered Species; Permits

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

ACTION: Withdrawal of two incidental take permit applications (1151 and 
1255) and a scientific research permit application (1160).

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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 notice 
from the Oregon Department of Fish and Wildlife at Roseburg, OR (ODFW) 
to withdraw its permit application for an incidental take of an ESA-
listed anadromous fish species associated with non-listed fish hatchery 
operations in the Umpqua River Basin in OR. NMFS has received notice 
from ODFW at Portland, OR and the Washington Department of Fish and 
Wildlife at Vancouver, WA (WDFW) to withdraw their joint permit 
application for an incidental take of ESA-listed anadromous fish 
species associated with fisheries directed at non-listed species in the 
fall of 2000. NMFS has received notice from WDFW at Vancouver, WA to 
withdraw an application for a permit for a take of an ESA-listed 
species associated with scientific research.

ADDRESSES: For permit application 1255: Sustainable Fisheries Division, 
F/NWR2, 7600 Sand Point Way NE, Seattle, WA 98115-0070 (ph: 206-526-
4655, fax: 206-526-6736).
    For permit applications 1151 and 1160: Protected Resources 
Division, F/NWR3, 525 NE Oregon Street, Suite 500, Portland, OR 97232-
4169 (ph: 503-230-5400, fax: 503-230-5435).

FOR FURTHER INFORMATION CONTACT: For permit application 1255: Enrique 
Patino, Seattle WA (206-526-4655, fax: 206-526-6736, e-mail: 
[email protected]).
    For permit applications 1151 and 1160: Robert Koch, Portland, OR 
(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).

Species Covered in This Notice

    The following species and evolutionary significant units (ESUs) are 
covered in this notice:
    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 upper Columbia River, threatened 
middle Columbia River, threatened LCR, threatened upper Willamette 
River.
    Chum salmon (O. keta): threatened Columbia River.

Permit Applications Withdrawn

    Notice was published on June 10, 1998 (63 FR 31739), that ODFW 
applied for an incidental take permit under section 10(a)(1)(B) of the 
ESA. The permit was requested for a take of adult and juvenile, 
endangered, Umpqua River cutthroat trout (O. clarki clarki) associated 
with non-listed fish hatchery operations in the Umpqua River Basin in 
OR. Subsequent to the submittal of ODFW's permit application, and the 
conduct of a 30-day public comment period on the application, NMFS 
determined that the Umpqua River cutthroat trout, formerly identified 
as an Evolutionarily Significant Unit of the species, is part of a 
larger population segment that previously was determined to be neither 
endangered nor threatened as defined by the Endangered Species Act (see 
65 FR 20915, April 19, 2000). Therefore, NMFS determined that the 
Umpqua River cutthroat trout should be removed from the Federal List of 
Endangered and Threatened species. As such, on September 14, 2000, ODFW 
notified NMFS to withdraw its section 10(a)(1)(B) permit application 
from consideration.
    Notice was published on May 3, 2000 (65 FR 34442), that ODFW and 
WDFW jointly applied for an incidental take permit under section 
10(a)(1)(B) of the ESA. The permit was requested for a 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 during the fall of 2000. 
Subsequent to the submittal of ODFW/WDFW's permit application, and the 
conduct of a 30-day public comment period on the application and a 
draft Environmental Assessment/Finding of No Significant Impact for the 
proposed permit, an incidental take of ESA-listed species was 
authorized on July 31, 2000 using the section 7 consultation process. 
As such, ODFW/WDFW jointly notified NMFS to withdraw the section 
10(a)(1)(B) permit application from consideration.
    Notice was published on June 26, 1998 (63 FR 34852), that WDFW 
applied for a scientific research permit under section 10(a)(1)(A) of 
the Endangered Species Act. The permit was requested for an annual take 
of adult and juvenile, threatened, LCR steelhead associated with 
research designed to monitor steelhead genetic and biological 
parameters in the Wind River Basin in WA. At the time that the permit 
was requested, protective regulations for threatened LCR steelhead 
under section 4(d) of the ESA had not been promulgated by NMFS. After 
the protective regulations for threatened LCR steelhead were 
established (see 65 FR 42422, July 10, 2000), NMFS determined that 
WDFW's annual take of LCR steelhead associated with the proposed 
scientific research in the Wind River Basin would best be handled using 
WDFW's scientific research take limit under the 4(d) rule for that 
species. As such, on January 5, 2001, WDFW

[[Page 8780]]

notified NMFS to withdraw its permit application from consideration.

    Dated: January 26, 2001.
Chris Mobley,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 01-2883 Filed 2-1-01; 8:45 am]
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