[Federal Register Volume 67, Number 148 (Thursday, August 1, 2002)]
[Notices]
[Pages 49905-49906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19428]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 072502A]


Endangered and Threatened Species; Take of Anadromous Fish

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.
SUMMARY: The Makah Indian Tribe, and the Washington Department of Fish 
and Wildlife as the co-managing fisheries resource manager, have 
submitted a joint Resource Management Plan (RMP) pursuant to the 
protective regulations promulgated for the Ozette Lake Sockeye Salmon 
Evolutionary Significant Unit (ESU) under the Endangered Species Act 
(ESA). The RMP specifies artificial propagation, research, and 
monitoring and evaluation measures potentially affecting listed Ozette 
Lake sockeye salmon. This document serves to notify the public of the 
availability for comment of the proposed evaluation of the Secretary of 
Commerce (Secretary) as to how the RMP addresses the criteria in the 
ESA. NMFS also announces the availability of a draft Environmental 
Assessment (EA) for the pending determination.

DATES: Written comments on the Secretary's evaluation must be received 
at the appropriate address or fax number (see ADDRESSES) no later than 
5 p.m. Pacific Standard Time on September 3, 2002.

ADDRESSES:    Written comments and requests for copies of the proposed 
evaluation and draft environmental assessment should be addressed to 
Tim Tynan, Sustainable Fisheries Division, National Marine Fisheries 
Service, 510 Desmond Drive, Suite 103, Olympia, WA 98503. Comments may 
also be sent via fax to 360/753-9517. The documents are also available 
on the Internet at http://www.nwr.noaa.gov/, Sustainable Fisheries 
Division site. Comments will not be accepted if submitted via e-mail or 
the Internet.

FOR FURTHER INFORMATION CONTACT: Tim Tynan at phone number: 360/753-
9579, or e-mail: [email protected] regarding the RMP.

[[Page 49906]]


SUPPLEMENTARY INFORMATION: This notice is relevant to the Ozette Lake 
sockeye salmon (Oncorhynchus nerka) ESU.

Background

    The Makah Indian Tribe, and the Washington Department of Fish and 
Wildlife as the co-managing resource management agency under the United 
States v. Washington fisheries management framework, have provided a 
joint RMP in the form of a Hatchery and Genetic Management Plan (HGMP) 
for Ozette Lake sockeye salmon. The RMP encompasses artificial 
propagation, research, and monitoring and evaluation activities within 
the range of the Ozette Lake sockeye salmon ESU. The range of the ESU 
is the Ozette River, Ozette Lake, and Ozette Lake tributaries 
accessible to anadromous salmon. Performance objectives specified in 
the RMP include establishment of self-sustaining tributary-spawning 
sockeye aggregations to increase natural spawning fish abundance levels 
in the Ozette Lake Basin. The RMP also includes research and monitoring 
and evaluation actions designed to identify life history 
characteristics of the listed beach spawning sockeye salmon population, 
and factors limiting the productivity of the listed sockeye salmon ESU. 
Monitoring and evaluation programs are also used to insure that the 
proposed artificial propagation measures are consistent with listed 
sockeye salmon conservation objectives.
    As required by Section 223.203 (b)(6) of the ESA 4(d) Rule, the 
Secretary must determine pursuant to 50 CFR 223.203 and pursuant to the 
government-to-government processes therein whether the RMP for Ozette 
Lake sockeye salmon would appreciably reduce the likelihood of survival 
and recovery of the Ozette Lake sockeye salmon and other affected 
threatened ESUs. The Secretary must take comments on how the RMP 
addresses the criteria in 223.203(b)(5) in making that determination. 
The final National Environmental Policy Act and RMP 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.

Authority

    Under section 4 of the ESA, NMFS, by delegated authority from the 
Secretary of Commerce, is required to adopt such regulations as he 
deems necessary and advisable for the conservation of the species 
listed as threatened. The ESA salmon and steelhead 4(d) Rule (65 FR 
42422, July 10, 2000) specifies categories of activities that 
contribute to the conservation of listed salmonids and sets out the 
criteria for such activities. The rule further provides that the 
prohibitions of paragraph (a) of the rule do not apply to actions 
undertaken in compliance with a RMP developed jointly by the Tribes and 
the State of Washington (joint plan) and determined by the Secretary to 
be in accordance with the salmon and steelhead 4(d) Rule (65 FR 42422, 
July 10, 2000).

    Dated: July 26, 2002.
Phil Williams,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 02-19428 Filed 7-31-02; 8:45 am]
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