[Federal Register Volume 67, Number 178 (Friday, September 13, 2002)]
[Notices]
[Pages 58020-58021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23401]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 082202C]


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: Notice is hereby given that NMFS has evaluated the Tribal 
Resource Management Plan (Tribal Plan) submitted by the Northwest 
Indian Fisheries Commission (NWIFC), Portland, OR for tribal research 
and assessment activities pursuant to the protective regulations 
promulgated for Hood Canal summer-run chum salmon under the Endangered 
Species Act (ESA). The Tribal Plan specifies the future scientific 
research and assessment activities that potentially affect listed Hood 
Canal summer-run chum 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 Hood 
Canal summer-run chum salmon Evolutionarily Significant Unit (ESU). 
This document also includes a summary of the underlying biological 
analysis used in the determination (Evaluation).

DATES: The determination of the take limit was made on July 31, 2002.

ADDRESSES: Protected Resources Division, F/NW03, 525 NE Oregon Street, 
Suite 500, Portland, OR 97232-2737. Copies of the Evaluation are 
available on the Internet at http://www.nwr.noaa.gov/.

FOR FURTHER INFORMATION CONTACT: Leslie Schaeffer (503-230-5433, fax: 
503-230-5435, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: This notice is relevant to the Hood Canal 
summer-run chum salmon (Oncorhynchus keta) ESU.

Background

    The NWIFC submitted a Tribal Plan in cooperation with the Puget 
Sound Indian Tribes for scientific research and assessment activities 
within the range of the Hood Canal summer-run chum salmon ESU in the 
state of Washington. The activities are intended to provide the 
technical basis for fisheries management and for the conservation and 
restoration of salmon stocks and their habitat. The Tribal Plan also 
includes implementation, monitoring, evaluation, enforcement, and 
reporting procedures designed to ensure the research is consistent with 
these objectives. The research activities described in the Tribal Plan 
span a 5 year period beginning on January 1, 2002.
    On May 16, 2002, at 67 FR 34907, NMFS published a notice of 
availability for public review and comment on its Evaluation of how the 
Tribal Plan addressed the factors in 50 CFR 223.209 (65 FR 42481, July 
10, 2000) of the ESA Tribal Plan Limit.
    As required by section 223.209 of the ESA Tribal Plan Limit, NMFS 
must determine whether the Tribal Plan would appreciably reduce the 
likelihood of survival and recovery of the Hood Canal summer-run chum 
salmon and other affected threatened ESUs. NMFS must take comments on 
how the Tribal Plan addresses the factors in section 223.209 in making 
that determination.

Discussion of the Biological Analysis Underlying the Determination

    The Tribal Plan describes tribal research and assessment activities 
that provide the technical basis for fisheries management and for the 
conservation and restoration of salmon stocks and their habitat in the 
Puget Sound area. The need for improved and more quantitative 
understanding of salmonid freshwater and marine survival motivates much 
of the current research. Many of the activities are also intended to 
provide information for the planning, implementation, and monitoring of 
habitat protection and restoration efforts. Tribal resource management 
entities cooperate with the Washington Department of Fish and Wildlife 
and other state and local agencies in many research activities. The 
Tribal Plan describes only those activities that are principally funded 
through, and managed by, tribal agencies.
    The Tribal Plan is organized into four sections: (1) Spawning 
escapement surveys, (2) smolt production studies, (3) life history 
studies, and (4) habitat assessment and monitoring studies. Each 
section further describes the significance of the research and 
assessment activities and the sampling methods proposed.
    It is NMFS' determination that the research and assessment 
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 ESU. This research-related take is not expected 
to reach a level that will significantly affect any single chum 
population in the ESU.
    The Tribal Plan contains a section describing a protocol for 
assuring that the level and extent of take associated with the 
activities do not reduce the likelihood of survival and recovery of 
this ESU. The Tribal Plan states that monitoring of take during the 
course of each activity will determine whether take and mortality are 
occurring at a level greater than the expected level. The Tribal Plan 
contains procedures whereby the overall impact of research and 
assessment activities can be regularly evaluated. Sampling methods and 
schedules will be altered as necessary to minimize take. Annual reports 
will include the actual take associated with each activity. NMFS will 
be informed when take exceeds the projected level for any activity and 
will be consulted regarding subsequent changes in methodology.
    NMFS' Evaluation contains reporting requirements, a modification 
process should the tribes propose new or modified research, and a 
reevaluation process the tribes will follow to have the Tribal Plan 
Limit apply. This information will be used by NMFS and the tribes at 
least annually or as needed to assess whether impacts to listed fish 
are as expected, and to revise the Tribal Plan as necessary.

Summary of Comments Received in Response to the Proposed Evaluation and 
Recommended Determination

    NMFS published notification of its evaluation and pending 
determination on the Tribal Plan for public review and comment on May 
16, 2002 (67 FR 34907). The public comment period closed on June 17, 
2002. NMFS received

[[Page 58021]]

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 
July 31, 2002.

Authority

    Under section 4(d) 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 (65 FR 42481, July 10, 
2000) states that the ESA section 9 take prohibitions will not apply to 
Tribal Plans provided NMFS determines that implementation of such 
Tribal Plans will not appreciably reduce the likelihood of survival and 
recovery of the listed salmonids.

    Dated: September 9, 2002.
Chris Mobley,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 02-23401 Filed 9-12-02; 8:45 am]
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