[Federal Register Volume 68, Number 9 (Tuesday, January 14, 2003)]
[Notices]
[Pages 1826-1827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-697]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 010603B]


Receipt of an Application for Direct Take Permit (1412)

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

ACTION: Notice of availability for public comment.

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SUMMARY: NMFS has received an application for a direct take permit 
(Permit 1412) from the Confederated Tribes of the Colville Reservation 
(Colville Tribes) pursuant to the Endangered Species Act of 1973, as 
amended (ESA). As required by the ESA, the Colville Tribes have 
prepared a Conservation Plan, in the form of a Hatchery and Genetic 
Management Plan (HGMP), designed to minimize and mitigate any such take 
of endangered or threatened species. The Permit application is for the 
direct and incidental take of ESA-listed adult and juvenile salmonids 
associated with carrying out the hatchery program for endangered Upper 
Columbia River steelhead in the Okanogan River and its tributaries in 
the state of Washington. The duration of the proposed Permit is 5 
years. NMFS is furnishing this notice in order to allow other agencies 
and the public an opportunity to review and comment on these documents. 
All

[[Page 1827]]

comments received will become part of the public record and will be 
available for review pursuant to the ESA.

DATES: Written comments from interested parties on the Permit 
application and HGMP must be received at the appropriate address or fax 
number (see ADDRESSES) no later than 5 pm Pacific daylight time on 
February 13, 2003.

ADDRESSES: Written comments on the application and HMGP should be sent 
to Kristine Petersen, Sustainable Fisheries Division, F/NWR2, 525 N.E. 
Oregon Street, Suite 510, Portland, OR 97232. Comments may also be sent 
via fax to 503/872-2737. Comments will not be accepted if submitted via 
e-mail or the Internet. Requests for copies of the permit application 
and Conservation Plan should be directed to the Sustainable Fisheries 
Division, F/NWR2, 525 NE Oregon Street, Suite 510, Portland, OR 97232. 
The documents are also available on the Internet at http://www.nwr.noaa.gov/. Comments received will also be available for public 
inspection, by appointment, during normal business hours by calling 
503/230-5409.

FOR FURTHER INFORMATION CONTACT: Kristine Petersen, Portland, OR (ph: 
503/230-5409, fax: 503/872-2737, e-mail: [email protected]).

SUPPLEMENTARY INFORMATION: 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 
limited circumstances, to take listed species for scientific purposes 
or to enhance the propagation or survival of the species under section 
10(a)(1)(A) of the ESA. NMFS regulations governing permits for 
threatened and endangered species are promulgated at 50 CFR 222.307.

Species Covered in This Notice

    The following evolutionarily significant unit (ESU) is included in 
the HGMP and Permit application:
    Steelhead (Oncorhynchus mykiss): endangered, naturally produced and 
artificially propagated Upper Columbia River (UCR).
    The Upper Columbia River Basin steelhead ESU was listed as 
endangered on August 18, 1997 (62 FR 43937). Included in the listing 
decision was the determination that the Wells Hatchery stock was part 
of the ESU and essential for recovery efforts. This conclusion is 
primarily based on very low estimates of the recruits per spawner 
ratio, which indicate that productivity of naturally spawning steelhead 
in this ESU is far below the replacement rate.
    On October 23, 2002, the Colville Tribes submitted an application 
to NMFS for an ESA section 10(a)(1)(A) permit for the take of ESA-
listed anadromous fish species associated with operation of hatchery 
programs producing hatchery steelhead for release into Omak Creek, a 
third order tributary of the Columbia River, in 2004 to 2009. The 
proposed programs produce steelhead of native stock to enhance local 
naturally spawning salmon populations.

Hatchery and Genetics Management Plan

    The HGMP prepared by the Colville Tribes describes measures 
designed to monitor, minimize, and mitigate the take of ESA-listed 
anadromous steelhead and the incidental takes of ESA-listed salmon 
associated with the following steelhead hatchery program that is 
proposed to be implemented from 2003 through 2009:
    Artificial propagation of steelhead is intended to recover and 
enhance the natural steelhead population in Omak Creek and the Okanogan 
River Basin. The Colville Tribes propose to collect up to 16 adult 
steelhead for broodstock from Omak Creek. Holding and spawning of 
broodstock would be conducted at the Colville Tribal Trout Hatchery. 
Steelhead eggs would be incubated and initial rearing would occur at 
the Colville Tribal Trout Hatchery. Steelhead smolts would be raised to 
a size range of 10 to 15 fish per pound and released into Omak Creek 
using a tank truck. The proposed steelhead program goal is 
approximately 40,000 smolts released in April or May.
    Mortalities of ESA-listed fish associated with the steelhead 
hatchery programs are requested at levels specified in the Permit 
application. The Colville Tribes are proposing to limit broodstock 
collection, and juvenile fish production and release methods applied at 
the hatcheries such that the direct impacts on ESA-listed salmonids 
will be minimized.
    This notice is provided pursuant to section 10(c) 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)(1)(A) of the ESA. If it is determined 
that the requirements are met, a permit will be issued to the Colville 
Tribes for the steelhead enhancement program in the Okanogan River 
Basin. NMFS will publish a record of its final action in the Federal 
Register.

    Dated: January 8, 2003.
Phil Williams,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 03-697 Filed 1-13-03; 8:45 am]
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