[Federal Register Volume 67, Number 69 (Wednesday, April 10, 2002)]
[Notices]
[Pages 17408-17409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8693]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 040202B]


Endangered and Threatened Species; Take of Anadromous Fish

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

ACTION: Notice of application for Incidental Take Permit with a Habitat 
Conservation Plan and availability for public comment; Notice of 
Availability of Draft Environmental Assessment.

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SUMMARY: Notice is hereby given that NMFS has received an application 
for an incidental take permit (Permit) from the Grants Pass Irrigation 
District (GPID) pursuant to the Endangered Species Act (ESA). As 
required by the ESA, GPID has also prepared a habitat conservation plan 
(Plan) designed to minimize and mitigate any such take of endangered 
and threatened species. The Permit application is related to the 
operation of Savage Rapids Dam in Josephine and Jackson Counties, in 
the State of Oregon. The dam is owned and operated by GPID for the sole 
purpose of providing irrigation water to its customers. The effective 
dates of the permit will be from May 7, 2002, until November 1, 2005. 
The permit may be extended for 1 year, until November 1, 2006, in 
accordance with the provisions of the Consent Decree in United States 
v. Grants Pass Irrigation District, Civil No. 98-3034-HO (D. Or., 
August 27, 2001). The Permit application includes the Plan. The Permit 
application is for the incidental take of ESA listed salmonids 
associated with otherwise lawful activities. NMFS also announces the 
availability of a draft Environmental Assessment (EA) for proposed 
issuance of the Permit. 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, the Plan and the draft EA must be received at the 
appropriate address or fax number (see ADDRESSES) no later than 5 p.m. 
Pacific Standard Time on May 10, 2002.

ADDRESSES: See SUPPLEMENTARY INFORMATION for specific addresses where 
copies of the Permit application, plan, and draft EA can be viewed. 
Comments on the permit application, Plan or draft EA and requests for 
information should be directed to Frank Bird, Project Biologist, 
Habitat Conservation Division, National Marine Fisheries Service, 525 
NE Oregon Street, Suite 210, Portland, OR 97232-2778. Comments may also 
be sent via fax to 541-957-3386. 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 Habitat 
Conservation Division, NMFS Roseburg Office, 2900 Stewart Parkway N.W., 
Roseburg, OR 97470 or by calling NMFS at (503) 231-2377. The documents 
are also available electronically on the Internet at http://www.nwr.noaa.gov/1habcon/habweb/hcp.htm. Comments received will also be 
available for public inspection, by appointment, during normal business 
hours by calling (503) 231-2377 or (541) 957-3383.

FOR FURTHER INFORMATION CONTACT: Frank Bird, Roseburg, OR (ph: 541/957-
3383, fax: 541/957-3386, e-mail: [email protected]).

SUPPLEMENTARY INFORMATION: Address for Documents and for Comments 
Regarding This Action Copies are available for viewing, or partial or 
complete duplication, at the following libraries: Medford Headquarters 
Library, Headquarters Regional Services, 413 West Main Street, Medford, 
OR 97501, Tel 541-774-8689; Rogue River Regional Library, West County 
Regional Services, 412 East Main Street, Rogue River, Oregon 97537, Tel 
541-582-1714; Josephine County Library Services, Main Library, 200 N.W. 
'C' Street, Grants Pass, OR 97526, Tel (541) 474-5480.

Authority

    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 section 10(a)(1)(B) of the ESA, 
under limited circumstances, to take listed species incidental to, and 
not the purpose of, otherwise lawful activities. Authority to take 
listed species is subject to conditions set forth in the permits. 
Permits are issued in accordance with and are subject to the ESA and 
NMFS regulations governing threatened and endangered species (50 CFR 
222.307).

Species Covered in This Notice

    The following species are covered in this Notice:
    Southern Oregon/Northern California coho salmon (Oncorhynchus 
kisutch); as well as one proposed species (Klamath Mountain Province 
steelhead) under specific provisions of the Permit, should this species 
be listed in the future.

Background

    GPID currently provides irrigation water to approximately 8,000 
customers who own a total of 7,700 acres in Jackson and Josephine 
counties. Savage Rapids Dam provides GPID with its primary water 
supply. Water is delivered through 160 miles (257 Kilometers) of canals 
in the greater Grants Pass, Oregon area. The water provided by GPID is 
not treated and, thus, is not used for human consumption. Of the 8,000 
customers, about 300 own more than 5 acres and the remaining 7,700 own 
less than 5 acres. The customers with more than 5 acres represent a 
variety of agricultural interests as well as some industrial interests. 
Of the 7,700 customers owning less than 5 acres, most use GPID water 
for small hayfields and/or personal vegetable gardens.
    Fish passage has been an issue at Savage Rapids Dam since the dam 
was constructed in 1921 by GPID. Currently, there are fish ladders 
located at both the north and south sides of the dam to provide for 
upstream and downstream fish migration. The north fish ladder is a 
rectangular, concrete structure containing pools 8 feet (2.4 meters) 
long and 9 feet (2.7 meters) wide. The south fish ladder is a concrete 
structure approximately 100 feet (30.5 meters)

[[Page 17409]]

long and divided into 10 pools. Extending from the bottom of the south 
ladder to the river are a series of fish resting pools and attraction 
channels.
    GPID has agreed to remove the dam and replace it with electric 
powered pumping facilities to provide water to its customers. GPID will 
operate the dam with the conservation measures developed in previous 
years during the interim period of May 7, 2002, until November 1, 2005. 
The permit may be extended for 1 year, until November 1, 2006, in 
accordance with the provisions of the Consent Decree in United States 
v. Grants Pass Irrigation District, Civil No. 98-3034-HO (D. Or., 
August 27, 2001).

Habitat Conservation Plan

    GPID proposes to operate the dam consistent with conservation 
measures developed during 1998-2000 and as set forth in its permit 
application and the Plan to reduce take, with further operational 
modifications based on the timing of fish runs and additional 
alterations which may be provided from annual operations. From May 7, 
2002, until November 1, 2005 (or November 1, 2006), GPID will continue 
to pursue Federal authorization and funding for dam removal, and will 
install and operate a replacement pumping system. At the end of or 
during this interim period, a new incidental take permit application 
with a new habitat conservation plan, and National Environmental Policy 
Act (NEPA) review will be prepared to cover the long-term operation of 
the replacement pumping facility.
    The permit and Plan for the interim operation period would allow 
GPID to divert 150 cubic feet per second (cfs) of water from the Rogue 
River into GPID's distribution system during the inclusive irrigation 
seasons, from April to October each year. Activities associated with 
the north turbine/pump intake, south gravity intake and the fish 
ladders have the potential to affect listed species subject to 
protection under the ESA. The Plan for GPID's operation of Savage 
Rapids Dam, and the activities proposed for inclusion in this permit 
include the following: All aspects of operating the dam including 
opening and closing the radial gates, installation and removal of the 
stoplogs, operation of the fish ladders, operation of the turbine and 
the screens, operation of the fish sampling trap, and operation of the 
diversion facilities. The Plan and the permit application also cover 
monitoring activities, related scientific experiments in the Plan area 
and sources of adequate funding for the Plan.

Environmental Assessment

    The EA package contains a draft EA and Finding of No Significant 
Impact (FONSI). Four Federal action alternatives have been analyzed in 
the draft EA: (1) The no action alternative, (2) the proposed action, 
issue an incidental take permit from May 7, 2002 until November 1, 2005 
(or November 1, 2006 with a 1 year extension) with conditions included 
in the Plan, (3) issue an incidental take permit for 1 year with 
conditions included in the Plan with shut down triggers similar to 
alternative 2; and (4) issue an incidental take permit for 99 years 
with a habitat conservation plan that would include replacing the north 
irrigation screens in compliance with NMFS screen criteria, and no 
removal of Savage Rapids Dam or its water-powered turbine pumps.
    This notice is provided pursuant to section 10(a) of the ESA. NMFS 
will evaluate the application, associated documents, and comments 
submitted thereon to determine whether the application meets the 
requirements of section 10(a) of the ESA and NEPA regulations. If it is 
determined that the requirements are met, a permit will be issued for 
the incidental takes of listed species 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 NMFS will fully consider 
all public comments received during the comment period.

    Dated: April 5, 2002.
Susan Pultz,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 02-8693 Filed 4-9-02; 8:45 am]
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