[Federal Register Volume 67, Number 122 (Tuesday, June 25, 2002)]
[Notices]
[Pages 42755-42756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15991]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 061402F]


Endangered and Threatened Species; Take of Anadromous Fish

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

ACTION: Notice of applications for Incidental Take Permits 1391, 1392, 
and 1393 with Habitat Conservation Plans and availability for public 
comment.

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SUMMARY: Notice is hereby given that NMFS has received three revised 
applications for incidental take permits (Permits) from the Public 
Utility District (PUD) No. 1 of Douglas County (Wells application) and 
PUD No. 1 of Chelan County (Rocky Reach and Rock Island applications), 
in the State of Washington pursuant to the Endangered Species Act 
(ESA). Each PUD has revised its application(s) to include a revised 
Anadromous Fish Agreement and Habitat Conservation Plan (HCP), as 
required by the ESA, designed to minimize and mitigate any such take of 
endangered and threatened species. The revised Anadromous Fish 
Agreements and HCPs are also intended to serve as agreements to satisfy 
the PUDs obligations under the Federal Power Act and related federal 
and state laws governing effects on anadromous fish and their habitat. 
The PUDs seek authorization for the incidental take of listed species 
associated with the operation of three hydroelectric projects located 
on the Columbia River between river mile 453.4 and 515.8 near the city 
of Wenatchee, Washington. These projects impact anadromous fish 
primarily by impeding up and downstream passage of fish and inundating 
riverine habitat.NMFS published notice of a Draft Environmental Impact 
Statement (DEIS) pursuant to the National Environmental Policy Act 
(NEPA) on December 29, 2000 and received public comment through May 1, 
2001. The DEIS evaluated the previous version of the Anadromous Fish 
Agreements and HCPs. The revised permit applications and Anadromous 
Fish Agreements and HCPs, which are the subject of this notice, reflect 
revisions developed to address comments received on the DEIS and to 
clarify the PUDs responsibilities. NMFS will publish a final EIS which 
addresses comments received on the DEIS and additional comments 
received pursuant to this notice. All comments received will become 
part of the public record and will be available for review pursuant to 
the ESA.

[[Page 42756]]


DATES: Written comments from interested parties on the revised permit 
applications must be received at the appropriate address or fax number 
(see ADDRESSES) no later than 5 p.m. Pacific Standard Time on July 25, 
2002.

ADDRESSES: Submit comments on the revised permit application and 
requests for information to Ritchie Graves, National Marine Fisheries 
Service, Northwest Region, Hydro Program, 525 NE Oregon Street, Suite 
420, Portland, OR 97232-2737. Comments may also be sent via fascimile 
to 503/231-2318. Comments will not be accepted if submitted via e-mail 
or the Internet. The revised permit applications, revised Anadromous 
Fish Agreements and HCPs, and supporting documents are also available 
electronically on the Internet at www.nwr.noaa.gov. Comments received 
will also be available for public inspection, by appointment, during 
normal business hours by calling (503) 231-6891.

FOR FURTHER INFORMATION CONTACT: Ritchie Graves at (ph: 503/231-6891, 
fascimile: 503/231-2318, e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

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 and evolutionarily significant units are 
covered in this Notice:
    Endangered Upper Columbia River (UCR) spring-run chinook salmon 
(Oncorhynchus tshawytscha) and steelhead (O. mykiss), unlisted UCR 
summer/fall-run chinook salmon (O. tshawytscha), Okanogan River and 
Lake Wenatchee sockeye salmon (O. nerka), and UCR coho salmon (O. 
kisutch).

Background

    The applicants provided NMFS with proposed Anadromous Fish 
Agreements and HCPs with the intent of obtaining incidental take 
permits pursuant to ESA section 10(a)(1)(B) in July, 1998. The proposed 
Anadromous Fish Agreements and HCPs were developed over several years 
of negotiations with federal and state resource agencies, Indian 
tribes, and with American Rivers (a non-governmental environmental 
organization). While these negotiations produced the agreements 
proposed in 1998, additional information and input was needed to 
complete the applications. NMFS developed a DEIS analyzing the proposed 
agreements and HCPs and issued it for public comment on December 29, 
2000. Beginning in September, 2002, the parties engaged in additional 
discussions to resolve issues raised in DEIS comments and to develop 
complete permit applications. As a result of these discussions, revised 
Anadromous Fish Agreements and HCPs were developed. NMFS has executed 
these as contingent agreements, which are effective only upon approval 
by the Federal Energy Regulatory Commission and issuance by NMFS of 
incidental take permits after completion of the NEPA and ESA review 
processes, including thorough consideration of any comments received.

Habitat Conservation Plan

    The revised Anadromous Fish Agreements and HCPs continue to include 
a standard of ``no net impact'' which consists of a 95-percent juvenile 
dam passage survival standard and a 91-percent total project survival 
standard for each of the Plan species. These standards will be achieved 
through implementation of various measures including increased spill 
and a new juvenile bypass facility at the Rocky Reach Project. The 
total project survival standard includes both the juvenile and adult 
life stages of the Plan species. The unavoidable project mortality 
(i.e., the remaining 9 percent of the Plan species still impacted by 
project operations) will be mitigated through a habitat conservation 
fund and a supplementation program. The habitat fund will address 2 
percent of the unavoidable loss and the supplementation program will 
address the remaining 7 percent. The applicants are requesting 
incidental take permits with a term of 50 years, settlement under the 
Federal Power Act when each project is relicensed, and ``no surprises'' 
guarantee from the Federal government, limited in certain circumstances 
as defined in the agreements.
    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: June 19, 2002.
Margaret Lorenz,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service
[FR Doc. 02-15991 Filed 6-25-02; 8:45 am]
BILLING CODE 3510-22-S