[Federal Register Volume 68, Number 22 (Monday, February 3, 2003)]
[Notices]
[Pages 5275-5276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2411]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 010803B]


Permit 1233 Modification

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

ACTION: Issuance of Modification 1 to Permit 1233.

-----------------------------------------------------------------------

SUMMARY: NMFS has issued a permit 1233 to the State of Idaho Department 
of Fish and Game (IDFG).

ADDRESSES: Copies of the permit may be obtained from the Hatcheries and 
Inland Fisheries Branch, Sustainable Fisheries Division, NMFS, 525 N.E. 
Oregon Street, Suite 510, Portland, OR 97232.

FOR FURTHER INFORMATION CONTACT: Herbert Pollard, Boise, Idaho, at 
phone number: (208) 378-5614, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The following species and evolutionarily 
significant units (ESUs) are covered in this notice:
    Spring/summer chinook salmon (Oncorhynchus tshawytscha): threatened 
Snake River;
    Fall chinook salmon (Oncorhynchus tshawytscha): threatened Snake 
River;
    Sockeye salmon (Oncorhynchus nerka): endangered Snake River; and
    Steelhead (Oncorhynchus mykiss): threatened Snake River.

Permits

    Permit 1233 was issued to IDFG on May 26, 2000, and Modification 1 
to permit 1233 was issued to IDFG on December 6, 2002. Permit 1233 
authorizes IDFG annual incidental take of naturally produced and 
artificially propagated ESA-listed anadromous fish associated with the 
operation of recreational fisheries that target non-listed, hatchery-
origin anadromous fish and resident game fish species. Permit 1233 
expires December 31, 2004.
    Permit 1233 authorizes IDFG's recreational fishing programs 
including the following activities: (1) Resident sport-fishing in 
waters which also support ESA-listed chinook and sockeye salmon under 
the IDFG General Fishing Regulations, including kokanee and trout 
fisheries in Redfish, Alturas, and Pettit Lakes; (2) chinook salmon 
sport-fishing in the Clearwater River, Snake River, lower Salmon River, 
Little Salmon River, and South Fork Salmon River under the IDFG 
Anadromous Salmon Fishing Regulations; and (3) summer steelhead fishing 
during the fall and spring seasons under the IDFG Steelhead Fishing 
Regulations. The permit constitutes authorization for implementation of 
the IDFG General Fishing Regulations, the IDFG Anadromous Salmon 
Fishing Regulations, and the IDFG Steelhead Fishing Regulations. 
Modification 1 to permit 1233 includes additional authorized locations 
for conducting the state's recreational chinook salmon

[[Page 5276]]

fisheries and authorization of incidental take of steelhead resulting 
from the authorized recreational fisheries. When permit 1233 was issued 
on May 26, 2000, no take prohibitions had been established for Snake 
River steelhead. Anticipating that a 4(d) rule would soon be published, 
a provision was made to amend the permit when protective rules were 
published. Protective regulations for threatened Snake River steelhead 
under Section 4(d) of the ESA were promulgated by NMFS, effective 
September 8, 2000 (July 10, 2000, 65 FR 42422). Recreational fisheries 
are monitored in a manner that allows evaluation of the effectiveness 
of protective regulations and conservation strategies. Take of listed 
species may occur incidental to otherwise legal fishing activities or 
illegal actions. Measures are described in the permit to minimize such 
deleterious effects to the extent possible.
    Modification 1 of permit 1233 authorizes take of ESA-listed Snake 
River Basin steelhead as a result of catch-and-release fisheries, with 
an associated incidental mortality of 3.2 percent of the natural origin 
return. The modification further authorizes take of ESA-listed Snake 
River spring chinook salmon of up to 2.0% of the naturally-produced 
return to Lower Granite Dam; this take limit applies when the return is 
greater than 25,000 adults, and decreases on a sliding scale for 
progressively smaller returns. No additional take of ESA-listed Snake 
River fall chinook or sockeye salmon is authorized. NMFS has determined 
that take levels authorized in the modified permit will not jeopardize 
listed salmon and steelhead nor result in the destruction or adverse 
modification of critical habitat where described.
    NMFS' conditions in the permit will ensure that the take of ESA-
listed anadromous fish will not jeopardize the continued existence of 
the listed species. In issuing the permits, NMFS determined that IDFG's 
Conservation Plan provides adequate mitigation measures to avoid, 
minimize, or compensate for take of ESA-listed anadromous fish.
    Issuance of this permit, as required by the ESA, was based on a 
finding that the permit: (1) was applied for in good faith; (2) will 
not operate to the disadvantage of the listed species which are the 
subject of the permit; and (3) is consistent with the purposes and 
policies set forth in section 2 of the ESA. This permit was issued in 
accordance with, and is subject to, 50 CFR part 222, the NMFS 
regulations governing listed species permits.

    Dated: January 24, 2003.
Phil Williams,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 03-2411 Filed 1-31-03; 8:45 am]
BILLING CODE 3510-22-S