[Federal Register Volume 66, Number 95 (Wednesday, May 16, 2001)]
[Notices]
[Pages 27069-27070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12360]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D.050801A]


Endangered and Threatened Species; Take of Anadromous Fish

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

ACTION: Notice of availability and request for comments.

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SUMMARY: This notice advises the public that the Nez Perce Indian Tribe 
has submitted a Tribal resource management plan (Tribal Plan) to NMFS 
pursuant to the limitation on take prohibitions for actions conducted 
under Tribal Plans promulgated under the Endangered Species Act. The 
Tribal Plan specifies the management of recreational, ceremonial, and 
subsistence fisheries in 2001 in the Imnaha River basin in the State of 
Oregon that potentially affect Snake River spring/summer chinook salmon 
listed as threatened under the ESA. This document serves to notify the 
public of the availability for comment of the proposed evaluation of 
the Secretary of Commerce (Secretary) as to how the Tribal Plan 
addresses the criteria in the ESA.

DATES: Written comments on the Secretary's pending determination must 
be received no later than 5 p.m. Pacific Standard Time on May 29, 2001.

ADDRESSES: Written comments and requests for copies of the pending 
determination should be addressed to Herb Pollard, Sustainable 
Fisheries Division, 10215 W. Emerald St. Suite 180, Boise, ID 83704. 
Comments may also be sent via fax to 208/378-5699. Comments will not be 
accepted if submitted via e-mail or the Internet.

FOR FURTHER INFORMATION CONTACT: Herb Pollard at phone number: 208/378-
5614, or e-mail: [email protected].

SUPPLEMENTARY INFORMATION: This notice is relevant to the Imnaha River 
basin population of the Snake River Spring/Summer Chinook salmon 
(Oncorhynchus tshawytscha) Evolutionarily Significant Unit (ESU).

Background

    The Nez Perce Tribe has submitted to NMFS a Tribal Plan for 
recreational, ceremonial, and subsistence fisheries in 2001 in the 
Imnaha River basin potentially affecting threatened Snake River spring/
summer chinook salmon. The Tribal Plan includes recreational fisheries 
specified by the Oregon Department of Fish and Wildlife, acting as an 
agent of the Nez Perce Tribe, that take place in the same waters and in 
the same timeframe as the tribal ceremonial and subsistence fisheries. 
The Nez Perce Tribe and the State of Oregon have co-manager 
responsibilities for spring chinook salmon within the Imnaha River sub-
basin and manage this salmon population under cooperative agreements. 
The objective of the Tribal Plan is to harvest spring chinook in a 
manner that does not jeopardize the survival and recovery of the ESU. 
Impact levels to the listed spring chinook populations in the ESU are 
specified in the Tribal Plan. Analysis of the predicted return of 
naturally and hatchery-produced spring chinook salmon to the Imnaha 
River basin in 2001 and the proposed harvest levels indicate that all 
hatchery brood stock and supplemental spawning needs will be met and 
natural spawning escapement will be approximately 133 percent of the 
previously highest count, after the proposed fisheries. A variety of 
monitoring and evaluation tasks to be conducted by the co-managers is 
specified in the Tribal Plan to assess the abundance of spring chinook 
and to determine fishery effort and catch of spring chinook. A 
comprehensive review of the Tribal Plan to evaluate whether the 
fisheries and listed spring chinook populations are performing as 
expected will be done within and at the end of the proposed 2001 
season.
    As required by the ESA 4(d) rule for Tribal Plans (65 FR 42481, 
July 10, 2000), the Secretary is seeking public comment on his pending 
determination as to whether the Tribal Plan for Imnaha River chinook 
salmon would appreciably reduce the likelihood of survival and recovery 
of the threatened Snake River spring/summer chinook salmon ESU.
    Under section 4 (d) of the ESA, the Secretary is required to adopt 
such regulations as he deems necessary and advisable for the 
conservation of species listed as threatened. NMFS has issued a final 
ESA 4(d) Rule for Tribal Plans adopting regulations necessary and 
advisable to harmonize statutory conservation requirements with tribal 
rights and the Federal trust responsibility to tribes (65 FR 42481, 
July 10, 2000). This 4(d) Rule for Tribal Plans applies the 
prohibitions enumerated in section 9(a)(1) of the ESA. NMFS did not 
find it necessary and advisable to apply the take prohibitions 
described in section 9(a)(1)(B) and 9 (a)(1)(C) to fishery harvest 
activities if the fisheries are

[[Page 27070]]

managed in accordance with a Tribal Plan that has been approved by 
NMFS. As specified in the 4(d) Rule, before the Secretary makes a 
decision on the Tribal Plan, the public must have an opportunity to 
review and comment on the pending determination.

Authority

    Under section 4 of the ESA, the Secretary is required to adopt such 
regulations as he deems necessary and advisable for the conservation of 
the species listed as threatened. The ESA Tribal 4(d) Rule (65 FR 
42481, July 10, 2000) states that the ESA section 9 take prohibitions 
will not apply to Tribal Plans that will not appreciably reduce the 
likelihood of survival and recovery for the listed species.

    Dated: May 10, 2001.
Phil Williams,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 01-12360 Filed 5-15-01; 8:45 am]
BILLING CODE 3510-22-S