[Federal Register Volume 67, Number 193 (Friday, October 4, 2002)]
[Notices]
[Pages 62229-62230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25333]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 092402B ]


Endangered and Threatened Species; Take of Anadromous Fish

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

ACTION:  Reopening of comment period; Notice of Availability and 
request for comments.

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SUMMARY:  Notice is hereby given that NMFS is reopening the comment 
period for a proposed evaluation and pending determination of the 
Secretary of Commerce (Secretary) as to how a Resource Management Plan 
(RMP) addresses Endangered Species Act (ESA) criteria. The RMP was 
submitted jointly by the Makah Indian Tribe and the Washington 
Department of Fish and Wildlife as the co-managing fisheries resource 
manager, pursuant to the ESA protective regulations promulgated for the 
Ozette Lake Sockeye Salmon Evolutionary Significant Unit (ESU). NMFS 
also is reopening the public comment period for a draft Environmental 
Assessment (EA) of the pending determination. The comment period is 
being reopened in response to requests for additional review time by 
the public. This document serves to notify the public of the extended 
availability of the proposed evaluation and draft EA for review and 
comment before NMFS makes its final National Environmental Policy Act 
(NEPA) and RMP determinations.

DATES:  Written comments on the Secretary's proposed evaluation and 
draft EA must be received at the appropriate address or fax number (see 
ADDRESSES) no later than 5 p.m. Pacific Standard Time on October 21, 
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.

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, 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 ensure 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 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, pursuant 
to government-to-government processes described in 50 CFR 223.203. The 
Secretary must take comments on how the RMP addresses the criteria in 
223.203(b)(5) in making that determination. NMFS will not complete the 
final NEPA and RMP determinations until after the end of the extended 
comment period, and NMFS 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 deemed 
necessary and advisable for the conservation of the species listed as 
threatened. The ESA salmon and steelhead 4(d) Rule (65 FR

[[Page 62230]]

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 an 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: October 1, 2002.
Chris Mobley,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 02-25333 Filed 10-3-02; 8:45 am]
BILLING CODE 3510-22-S