[Federal Register Volume 66, Number 218 (Friday, November 9, 2001)]
[Notices]
[Pages 56656-56657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28239]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 102301A]


Endangered and Threatened Species; Take of Anadromous Fish

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

ACTION: Notice of final determination and discussion of underlying 
biological analysis.

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SUMMARY: NMFS has evaluated the Tribal Resource Management Plan (Tribal 
Plan) submitted by the Nez Perce Tribe pursuant to the protective 
regulations promulgated for Snake River spring/summer chinook salmon 
under the Endangered Species Act (ESA). The Tribal Plan specifies the 
management of tribal and recreational fisheries (operated by the State 
of Oregon) in the Imnaha River, Oregon, that potentially affect listed 
Snake River spring/summer chinook salmon. This document serves to 
notify the public that NMFS, by delegated authority from the Secretary 
of Commerce, has determined that implementing and enforcing the Tribal 
Plan will not appreciably reduce the likelihood of survival and 
recovery of the Snake River spring/summer chinook salmon Evolutionarily 
Significant Unit (ESU). This document also includes a summary of the 
underlying biological analysis used in the determination (Evaluation).

DATES: The final determination on the take limit was made on August 31, 
2001.

ADDRESSES: Hatcheries and Inland Fisheries Branch, Sustainable 
Fisheries Division, National Marine Fisheries Service, 525 NE Oregon 
Street, Suite 510, Portland, OR 97232-2737.

FOR FURTHER INFORMATION CONTACT: Herbert Pollard at: (208) 378-5614, or 
e-mail: [email protected] regarding the Tribal Plan.

SUPPLEMENTARY INFORMATION: This notice is relevant to the Snake River 
spring/summer chinook salmon (Oncorhynchus tshawytscha) ESU.

Electronic Access

    The final determination is available on the Internet at http://www.nwr.noaa.gov/.

Background

    The Nez Perce Tribe developed a Tribal Plan specifying the 
management of tribal ceremonial and subsistence fisheries and non-
tribal recreational fisheries in the Imnaha River basin. 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 the same time frame as the tribal 
ceremonial and subsistence fisheries. The fisheries are intended to 
provide harvest opportunity for tribal and non-Indian fishers on spring 
chinook salmon returning to the Imnaha River in year 2001. The Tribal 
Plan also includes implementation, evaluation, enforcement, and 
reporting procedures designed to ensure the fisheries are consistent 
with continuing conservation and restoration objectives. The Tribal 
Plan describes fishery activities proposed to occur only in year 2001.
    On May 16, 2001, at 66 FR 27069, NMFS published a notice of 
availability for public review and comment on its evaluation of how the 
Tribal Plan

[[Page 56657]]

addressed the standards of 50 CFR 223.209 (65 FR 42481, July 10, 2000), 
the ESA Tribal Plan Limit.
    As required by Sec.  223.209, NMFS must determine whether the 
Tribal Plan would appreciably reduce the likelihood of survival and 
recovery of the Snake River spring/summer chinook salmon ESU, and must 
seek public comment on its pending determination.

Discussion of the Biological Analysis Underlying the Determination

    The Tribal Plan describes fishery management activities within the 
context of broader artificial propagation activities in the Imnaha 
River. 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 Tribe and state are responsible for managing fisheries and 
conservation-related artificial propagation programs that operate in 
the watershed. The objective of the Tribal Plan is to harvest spring 
chinook in a manner consistent with the overall objectives for chinook 
salmon in this watershed.
    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 year 2001 and the proposed harvest levels indicates that 
all hatchery brood stock and supplemental spawning needs will be met. 
Natural spawning escapement is projected to be approximately 133 
percent of the previously highest count, after the proposed fisheries. 
The harvest proposal is based on a 10-percent impact on a total return 
that has been estimated at 6,700 fish. Included in the actions proposed 
by the Tribal Plan are tribal and state fisheries which would harvest 
670 adult and jack chinook salmon. The Evaluation concludes that the 
proposed harvest will not interfere with brood stock collection goals 
and supplemental releases of fish for natural spawning while still 
allowing a projected return of over 3,000 adult naturally produced 
spring chinook. NMFS determined that the fishery management activities 
included in the Tribal Plan will not appreciably reduce the likelihood 
of survival and recovery of the ESU in the wild based on the current 
status of this component population. A comprehensive review of the 
Tribal Plan to evaluate whether the fisheries and listed spring chinook 
populations are performing as expected will be done at the end of the 
proposed 2001 season.

Summary of Comments Received in Response to the Proposed Evaluation 
and Recommendation Document

    NMFS published notification of its draft evaluation and pending 
determination on the Tribal Plan for public review and comment on May 
16, 2001 (66 FR 27069). The public comment period closed on May 29, 
2001. NMFS received no comments concerning this document.
    Based on its Evaluation and the fact that no public comments were 
received, NMFS issued its final determination on the Tribal Plan on 
August 31, 2001.
    Under section 4 of the ESA, NMFS, by delegated authority from the 
Secretary of Commerce, is required to adopt such regulations as it 
deems necessary and advisable for the conservation of the species 
listed as threatened. The ESA Tribal Plan Limit at 50 CFR 223.209 
states that the ESA section 9 take prohibitions will not apply to any 
activity undertaken by a tribe, tribal member, tribal permittee, tribal 
employee, or tribal agent in compliance with a Tribal Plan determined 
by NMFS to not appreciably reduce the likelihood of survival and 
recovery of the listed salmonids.

    Dated: November 6, 2001.
Margaret Lorenz,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 01-28239 Filed 11-8-01; 8:45 am]
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