[Federal Register Volume 67, Number 95 (Thursday, May 16, 2002)]
[Notices]
[Pages 34907-34908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12277]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 050702A]


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 2002 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 whether implementation of 
the Tribal Plan will appreciably reduce the likelihood of survival and 
recovery of Snake River salmon and steelhead.

DATES: Written comments on the Secretary's pending determination must 
be received no later than 5 p.m. Pacific Standard Time on June 17, 
2002.

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. The document is also 
available on the Internet at http://www.nwr.noaa.gov/. 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

[[Page 34908]]

basin population of the Snake River Spring/Summer Chinook salmon 
(Oncorhynchus tshawytscha) and Snake River steelhead (Oncorhynchus 
mykiss) Evolutionarily Significant Units (ESU).

Background

    The Nez Perce Tribe has submitted to NMFS a Tribal Plan for 
recreational, ceremonial, and subsistence fisheries in 2002 potentially 
affecting threatened Snake River spring/summer chinook salmon in the 
Imnaha River basin. The Tribal Plan includes recreational fisheries 
specified by the Oregon Department of Fish and Wildlife that take place 
in the same waters and in the same time frame 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 appreciably reduce the 
likelihood of 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 
2002 and the proposed harvest levels indicate that all hatchery brood 
stock and supplemental spawning and natural spawning escapement needs 
will be met 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 2002 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 sections 9(a)(1)(B) and 9(a)(1)(C) to fishery harvest 
activities if the fisheries are 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, 2002.
Wanda L. Cain,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 02-12277 Filed 5-15-02; 8:45 am]
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