[Federal Register Volume 66, Number 200 (Tuesday, October 16, 2001)]
[Proposed Rules]
[Pages 52567-52569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25980]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 223

[I.D. 092501A]


Availability of a Draft Environmental Assessment/Finding of No 
Significant Impact and Receipt of an Application for an Incidental Take 
Permit (1347)

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

ACTION: Notice of availability.

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SUMMARY: NMFS has received an application for an incidental take permit 
(Permit) from the Washington Department of Fish and Wildlife (WDFW) 
pursuant to the Endangered Species Act of 1973, as amended (ESA). As 
required by the ESA, WDFW has also prepared a conservation plan (Plan) 
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 artificial propagation programs for non-listed species in the 
upper Columbia River and its tributaries in the state of Washington. 
The duration of the proposed Permit and Plan is 5 years. The Permit 
application includes the proposed Plan, and three Hatchery and Genetic 
Management Plans (HGMPs) submitted by WDFW. NMFS also announces the 
availability of a draft Environmental Assessment (EA) for the Permit 
application. NMFS is furnishing this notification 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 pursuant to the ESA.

DATES: Written comments from interested parties on the Permit 
application, Plan, HGMPs, and draft EA must be received at the 
appropriate address or fax number (see ADDRESSES) no later than 5 p.m. 
Pacific daylight time on November 15, 2001.

ADDRESSES: Written comments on the application, Plan, HGMPs, or draft 
EA should be sent to Tim Tynan, Sustainable Fisheries Division, F/NWO3, 
510 Desmond Drive, Suite 103, Olympia, WA 98503. Comments may also be 
sent via fax to 360-753-9517. Comments will not be accepted if 
submitted via e-mail or the Internet. Requests for copies of the Permit 
application, Plan, HGMPs, and draft EA should be directed to the 
Sustainable Fisheries Division, F/NWO3, 510 Desmond Drive, Suite 103, 
Olympia, WA 98503. The documents are also available on the Internet at 
http://www.nwr.noaa.gov/. Comments received will also be available for 
public inspection, by appointment, during normal business hours by 
calling 360-753-9579.

FOR FURTHER INFORMATION CONTACT: Tim Tynan, Olympia, WA (ph: 360/753-
9579, fax: 360/753-9507, e-mail: [email protected]).

[[Page 52568]]


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 are 
included in the Plan, HGMPs, and Permit application:
    Chinook salmon (Oncorhynchus tshawytscha): endangered, naturally 
produced and artificially propagated, upper Columbia River spring-run.
    Steelhead (O. mykiss): endangered, naturally produced and 
artificially propagated Upper Columbia River (UCR).

Background

    On December 15, 1999, WDFW submitted an application to NMFS for an 
ESA section 10 (a)(1)(B) permit for the incidental take of ESA-listed 
anadromous fish species associated with operation of hatchery programs 
producing unlisted salmon for release into the Columbia River and its 
tributaries from Priest Rapids Dam upstream to the Okanogan River Basin 
from 2001 to 2005. Incidental take would include endangered spring 
chinook salmon and steelhead in the UCR Evolutionarily Significant 
Units (ESUs). The proposed unlisted salmon hatchery programs produce 
sockeye, summer-run chinook, and fall-run chinook salmon of native 
stock to supplement local naturally spawning salmon populations. The 
hatchery programs function to mitigate for the loss of adult salmon 
resulting from the construction and operation of hydropower projects in 
the UCR region. In addition to augmenting the number of naturally 
spawning salmon, the proposed implementation of these hatchery programs 
will produce surplus fish for harvest in Native American ceremonial and 
subsistence and commercial fisheries, and non-Indian recreational and 
commercial fisheries, in the Columbia River Basin. These fisheries 
provide cultural benefits to Columbia River Basin treaty tribes and 
economic opportunity for local communities through the sale of fish, 
licences, equipment, and the conduct of other financial transactions 
related to the fisheries.

Conservation Plan

    The Conservation Plan and the HGMPs prepared by WDFW describe 
measures designed to monitor, minimize, and mitigate the incidental 
takes of ESA-listed anadromous salmonids associated with the following 
unlisted salmon hatchery programs that are expected to be implemented 
during 2001 through 2005:

Lake Wenatchee Sockeye Salmon Supplementation Program

    The program's purpose is to mitigate for the loss of sockeye salmon 
attributable to the construction and operation of Rock Island Dam on 
the mainstem Columbia River. Lake Wenatchee sockeye salmon are 
collected as broodstock from the run at large at Tumwater Dam on the 
Wenatchee River from July 15 through early August each year. The annual 
broodstock collection goal is approximately 300 adults. Eggs and 
juvenile sockeye salmon are incubated and early reared at WDFW's 
Eastbank Fish Hatchery, located on the mainstem Columbia River near 
Rocky Reach Dam. The fish are transferred as fed fry to net pens in 
Lake Wenatchee in early April. After 6 or 7 months of rearing, up to 
200,000 sockeye salmon juveniles are liberated during September and 
October from the net pens into Lake Wenatchee.

Dryden Pond - Eastbank Hatchery Summer Chinook Salmon Program

    The purpose of this artificial propagation program in the Wenatchee 
River Basin is to mitigate for the loss of summer chinook salmon due to 
hydropower mortalities at Rocky Reach and Rock Island dams. Broodstock 
collection facilities located at Dryden Dam and Tumwater Dam on the 
Wenatchee River collect up to 492 native Wenatchee River adult summer 
chinook between July and November each year for the program. WDFW's 
Eastbank Hatchery, located on the mainstem Columbia River, is used for 
spawning, incubation and early rearing. Pre-smolt summer chinook salmon 
produced at Eastbank Hatchery are transferred to Dryden Pond on the 
Wenatchee River for acclimation and release. Up to 864,000 yearling 
summer chinook salmon are released into the Wenatchee River each year.

Carlton Pond - Eastbank Hatchery Summer Chinook Salmon Program

    The purpose of this summer-run chinook salmon artificial 
propagation program is to mitigate for the loss of summer chinook 
salmon adults that would have been produced in the Methow River Basin 
in the absence of the Wells, Rocky Reach, and Rock Island hydroelectric 
projects. Summer chinook salmon used as broodstock are the progeny of 
natural or hatchery-origin fish originating from the Methow and 
Okanogan river watersheds collected in July and August at Wells Dam and 
at WDFW's Wells Hatchery trap on the mainstem Columbia River. Up to 492 
summer chinook salmon adults may be collected as broodstock each year. 
WDFW's Eastbank Hatchery is used for spawning, incubation and early 
rearing. Summer-run chinook salmon juveniles produced at Eastbank 
Hatchery are transferred to Carlton Pond on the Methow River for 
acclimation and release. Up to 400,000 yearling summer chinook smolts 
may be released into the Methow River each year through the program.

Similkameen Pond - Eastbank Hatchery Summer Chinook Salmon Program

    The purpose of the Similkameen Pond - Eastbank Hatchery program is 
to mitigate for the loss of summer chinook salmon adults that would 
have been produced in the Okanogan River Basin in the absence of Wells, 
Rocky Reach, and Rock Island hydroelectric projects. Summer-run chinook 
used in the program originate from natural or marked hatchery-origin 
fish collected at the Wells Dam and Wells Hatchery traps. These brood 
sources are representative of the summer-run population indigenous to 
the Okanogan River system. Up to 556 adult fish are collected in July 
and August each year as broodstock. WDFW's Eastbank Hatchery is used 
for fish spawning, incubation and early rearing. Summer chinook 
juveniles produced at Eastbank Hatchery are transferred in the fall to 
Similkameen Pond in the upper Okanogan River watershed for acclimation 
and release. The fish are reared to yearling smolt size in the pond 
through the winter for release in the spring to acclimate the chinook 
to the release site. Up to 576,000 summer chinook salmon yearling 
smolts may be released in the spring each year.

Priest Rapids Fish Hatchery Fall Chinook Salmon Program

    The goal of the Priest Rapids upriver bright chinook salmon program 
is to mitigate for the loss of fall-run chinook salmon adults that 
would have been produced in the region in the absence of the Priest 
Rapids Project (Priest Rapids and Wanapum dams) and John Day Dam. Up to 
6,102 adult fish may be collected as volunteers to the hatchery

[[Page 52569]]

trap for use as broodstock each year. Fish are spawned at the hatchery, 
and eggs and fish are incubated and reared at the hatchery site. All 
fish are reared for several months for release in June of each year as 
sub-yearlings. The annual fish release goal for the program is 
6,700,000 fall chinook salmon sub-yearlings.

Eastbank Fish Hatchery Summer Chinook Salmon Program

    The hatchery began operation in 1989 to mitigate for salmon smolt 
losses resulting from the operation of Rock Island Dam. The hatchery is 
used for incubation and rearing of unlisted summer chinook and sockeye 
salmon. Eastbank Hatchery is located on the east side of the Columbia 
River near Rocky Reach Dam, seven miles north of Wenatchee, Washington. 
The hatchery is operated with five satellite facilities, located on 
five different rivers in the action area: Dryden Pond on the Wenatchee 
River, Chiwawa Pond on the Chiwawa River, Carlton Pond on the Methow 
River, and Similkameen Pond on the Similkameen River. Broodstock are 
not collected at Eastbank Hatchery. There are no on-station releases of 
fish at Eastbank Hatchery into the mainstem Columbia River. Releases of 
fish reared at Eastbank Hatchery and transferred to other locations are 
described above.

Turtle Rock Fish Hatchery Summer Chinook Salmon Program

    The Turtle Rock Hatchery is located adjacent to the Columbia River 
two miles upstream from Rocky Reach Dam at river mile 476 on the 
Columbia River. The hatchery is operated as a mitigation facility for 
fishery impacts caused by the construction and operation of Rocky Reach 
Dam. Summer chinook salmon broodstock are not collected at Turtle Rock 
Hatchery. Currently, broodstock for the program is provided annually 
through collection of summer chinook salmon volunteers to the Wells 
Hatchery trap in July and August. Eggs taken from spawners at Wells 
Hatchery are shipped to Turtle Rock Hatchery and for incubation then to 
WDFW's Rocky Reach Hatchery for rearing. The annual hatchery production 
goals are 200,000 yearling summer chinook and 1,600,000 sub-yearling 
summer chinook salmon for release from Turtle Rock Hatchery. Yearlings 
are released in April and sub-yearlings are released in June of each 
year.

Wells Salmon Hatchery Summer Chinook Salmon Program

    Wells Hatchery is located on the mainstem Columbia River just below 
Wells Dam. The hatchery operates as a mitigation facility for salmon 
fishery impacts caused by Wells Dam. Summer chinook adults collected as 
broodstock for the Wells Hatchery summer chinook program are trapped 
each year in July and August at the hatchery from summer chinook 
volunteers to the hatchery trap. The collective annual broodstock 
collection goal at the Wells Hatchery volunteer trap is 1,208 adults 
for the Wells and Turtle Rock programs. Progeny of spawners trapped at 
Wells Hatchery are incubated and reared on-station. The annual Wells 
Hatchery on-station release goals are 320,000 summer chinook yearlings 
released in April and 484,000 accelerated sub-yearlings released in 
June.
    Incidental mortalities of ESA-listed fish associated with the WDFW 
unlisted salmon hatchery programs are requested at levels specified in 
the Permit application and in the HGMPs. WDFW is proposing to limit 
broodstock collection and juvenile fish production and release methods 
applied at the hatcheries such that the incidental impacts on ESA-
listed salmonids will be minimized. Two alternatives for the WDFW 
hatchery programs were provided in the Plan and HGMPs, including: (1) 
the no action alternative; (2) and the proposed conservation plan 
alternative (based on implementation of the hatchery programs with a 
comprehensive monitoring program).

Environmental Assessment/Finding of No Significant Impact

    The EA package includes a draft EA and a draft Finding of No 
Significant Impact 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. Three Federal action alternatives have been analyzed in the 
draft EA, including: (1) the no action alternative; (2) issue a permit 
with conditions; and (3) issue a permit without conditions.
    This notice is provided pursuant to section 10(c) 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: October 10, 2001.
Phil Williams,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 01-25980 Filed 10-15-01; 8:45 am]
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