[Federal Register Volume 68, Number 63 (Wednesday, April 2, 2003)]
[Notices]
[Pages 15996-15997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7966]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 032703C]


Endangered and Threatened Species; Take of Anadromous Fish

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

ACTION: Application for scientific research and enhancement of survival 
permit (1425).

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

SUMMARY: Notice is hereby given that NMFS has received an application 
for a scientific research and enhancement permit from Fish First, a 
non-profit organization, pursuant to the Endangered Species Act, as 
amended (ESA). The permit application is for the take of ESA-listed 
adult and juvenile salmon associated with enhancement and restoration 
of salmon habitat activities in the Lewis River basin in the State of 
Washington, more fully described below (see SUPPLEMENTARY INFORMATION).

DATES: Comments or requests for a public hearing on the permit 
application must be received at the appropriate address or fax number 
(see Address) no later than 5 p.m Pacific daylight time on May 2, 2003. 
Anyone requesting a hearing should state the specific reasons why a 
hearing would be appropriate (see ADDRESSES). The holding of such 
hearing is at the discretion of the Assistant Administrator for 
Fisheries, NOAA.

ADDRESSES: Written comments on the application should be sent to 
Washington State Branch Office, Habitat Conservation Division, 510 
Desmond Drive SE, Suite 103, Lacey, WA 98503. Comments may also be sent 
via fax to 360-753-9517. Comments will not be accepted if submitted via 
e-mail or the internet. Requests for the permit application should be 
directed to the Washington State Branch office (address above). The 
application also is available on the internet at http://www.nwr.noaa.gov/ or it may be reviewed by appointment during business 
hours at the Washington State Branch office by calling 360-753-9530.

FOR FURTHER INFORMATION CONTACT: Stephanie Ehinger, Washington State 
Branch Office Habitat Division, Lacey, Washington (ph: 360-534-9341, e-
mail: [email protected]); or Dan Guy at the same office (ph: 
360-534-9342; e-mail: [email protected]).

SUPPLEMENTARY INFORMATION:

Authority

    Section 9 of the ESA and Federal regulations prohibit the 
``taking'' of a species listed as endangered or threatened. The term 
take under the ESA means harass, harm, pursue, hunt, shoot, wound, 
kill, trap, capture, or collect, or to attempt to engage in any such 
conduct (16 U.S.C. 1532(19)). Under limited circumstances, NMFS may 
issue permits to take listed species, such as scientific research and 
enhancement permits issued under Section 10(a)(1)(A) of the ESA (16 
U.S.C.1531 et. seq.) and Federal regulations found at 50 CFR 222.308. 
NMFS issues permits based on findings that such permits: (1) are 
applied for in good faith; (2) if granted and exercised would not 
operate to the disadvantage of the listed species that are the subject 
of the permit; and (3) are consistent with the purposes and policy of 
section 2 of the ESA. The authority to take listed species is subject 
to conditions set forth in the permit.

[[Page 15997]]

Species Covered in this Notice

    The following listed species and evolutionary significant units 
(ESUs) are covered in this notice:
    Chinook salmon (Oncorhynchus tshawytscha): Threatened Lower 
Columbia River (LCR),
    Steelhead (O. mykiss): Threatened LCR, and
    Chum salmon (O.keta): Threatened LCR.

Background

    Fish First requests a 5-year permit for annual take of adult and 
juvenile threatened LCR chinook salmon, threatened LCR steelhead and 
threatened LCR chum salmon. Fish First is a 501(c)(3) non-profit 
organization created explicitly to aid in the enhancement and recovery 
of anadromous salmon populations - particularly the threatened LCR ESUs 
listed above - in the Lewis River Basin in the State of Washington. The 
organization proposes to undertake projects that will enhance and 
restore salmon habitat on private property adjacent to and in the Lewis 
River. The proposed activities would restore natural aquatic or 
riparian habitat processes or conditions, and selectively alter 
degraded habitat features to improve habitat conditions. All of Fish 
First's proposed projects were developed in response to a Limiting 
Factors Analysis completed in association with the Washington State 
Conservation Commission.
    The enhancement projects proposed in the application include: (1) 
restoration of fish passage areas from which salmon have been blocked 
due to anthroprogenic activities; (2) obliteration of old roads and old 
road crossings to restore riparian and floodplain habitats; (3) 
riparian enhancements, such as planting native vegetation and 
restricting livestock access via fencing; (4) reconnecting off-channel 
habitat including old side channels, oxbows and wetlands to improve 
salmon rearing habitat and water quality; (5) nutrient enhancement by 
salmon carcass placement to improve watershed productivity; (6) 
placement of large woody debris to increase channel complexity and 
improve instream conditions for adult and juvenile salmon; (7) 
supplementing spawning gravel in stream reaches with limited gravel 
supply; (8) creating in-stream habitat and pool riffle sequences in 
stream reaches simplified and degraded by historic anthropogenic 
activities.
    In addition, Fish First will undertake continuous watershed 
assessments and monitoring of restoration and enhancement project 
activities, their impacts on listed salmon, their structural stability, 
vegetation plantings and fish use. Fish First will provide annual 
reports of such assessments and monitoring to NMFS, so that the results 
of the actions can be measured and so that projects can be modified as 
needed. Fish First will also monitor all take and provide NMFS with 
annual reports indicating the type of take and amount of take, 
including whether any fish were killed.
    The proposed activities by Fish First will be carried out solely 
for the benefit of listed salmon; that is, for the enhancement of 
survival of listed species as contemplated by section 10 (a)(1)(A) of 
the ESA. They are not activities incidental to some otherwise lawful 
actions. The proposed activities by Fish First may result in take of 
adult and juvenile LCR salmon, primarily in the form of harassment, but 
also some capture, handle, release. Fish First will take specific 
measures, such as designing, scheduling, and sequencing construction 
work, to minimize any impacts. In-water project work will occur during 
NMFS approved work windows. If fish capture is needed to de-water a 
work site, the capture, handle and release of fish will be done by 
qualified fisheries biologists according to the established procedures 
and conditions NMFS imposes in other scientific research permits for 
listed ESUs. However, the organization will try to do its work when 
fish are not present. Fish First will also comply with Washington State 
permits, including any intended to protect water quality. Because the 
habitat actions are designed specifically to enhance the survival of 
the listed salmon, the impacts of the habitat modifications will be 
beneficial to the survival and recovery of the listed LCR ESUs. 
Complete details of the proposed activities, specific locations and 
anticipated take are provided in the permit application.
    This notice is provided pursuant to section 10(c) of the ESA. NMFS 
will evaluate the application, associated documents and comments 
submitted to determine whether the application meets the requirements 
of section 10(a) of the ESA and Federal regulations. The final permit 
decision will not be made until after the end of the 30-day comment 
period and after NMFS has fully considered all public comments 
received. NMFS will publish notice of its final action in the Federal 
Register.

    Dated: March 28, 2003.
Phil Williams,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 03-7966 Filed 4-1-03; 8:45 am]
BILLING CODE 3510-22-S