[Federal Register Volume 68, Number 126 (Tuesday, July 1, 2003)]
[Notices]
[Pages 39067-39068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16570]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 061803C]


Endangered and Threatened Species; Take of Anadromous Fish

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

ACTION: Notice of availability and request for comment.

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SUMMARY: This notice advises the public that the Nez Perce Indian Tribe 
has submitted a Tribal resource management plan (Tribal Plan) to NMFS 
pursuant to the limitation on take prohibitions for actions conducted 
under Tribal Plans promulgated under the Endangered Species Act. The 
Tribal Plan specifies the management of recreational, ceremonial, and 
subsistence fisheries in 2003 in the Imnaha River subbasin in the State 
of Oregon that potentially affect Snake River spring/summer chinook 
salmon listed as threatened under the ESA. This document serves to 
notify the public of the availability for comment of the proposed 
evaluation of the Secretary of Commerce (Secretary) as to whether 
implementation of the Tribal Plan will appreciably reduce the 
likelihood of survival and recovery of Snake River salmon and 
steelhead, and the availability for public comment of a draft 
environmental assessment on the proposed action.

DATES: Written comments on the Secretary's pending determination and 
the draft assessment must be received at the appropriate address or fax 
number (see ADDRESSES) no later than 5 p.m. Pacific daylight time on 
July 16, 2003.

ADDRESSES: Written comments and requests for copies of the draft HGMPs 
should be addressed to Herb Pollard, Sustainable Fisheries Division, 
10215 W. Emerald St. Suite 180, Boise, ID 83704. Comments may also be 
sent via fax to (208) 378-5699. The document is also available on the 
Internet at http://www.nwr.noaa.gov/. Comments will not be accepted if 
submitted via e-mail or the Internet.

FOR FURTHER INFORMATION CONTACT: Herb Pollard at phone number: 208/378-
5614, or e-mail: [email protected].
    This notice is relevant to the Imnaha River subbasin population of 
the Snake River Spring/Summer Chinook salmon (Oncorhynchus tshawytscha) 
and Snake River steelhead (Oncorhynchus mykiss) Evolutionarily 
Significant Units (ESU).

Background

    The Nez Perce Tribe has submitted to NMFS a Tribal Plan for 
recreational, ceremonial, and subsistence fisheries in 2003 potentially 
affecting threatened Snake River spring/summer chinook salmon in the 
Imnaha River basin. The Tribal Plan includes recreational fisheries 
specified by the Oregon Department of Fish and Wildlife that take place 
in the same waters and in the same time frame as the tribal ceremonial 
and subsistence fisheries. The Nez Perce Tribe and the State of Oregon 
have co-manager responsibilities for spring chinook salmon within the 
Imnaha River sub-basin and manage this salmon population under 
cooperative agreements. The objective of the Tribal Plan is to harvest 
spring chinook in a

[[Page 39068]]

manner that does not appreciably reduce the likelihood of survival and 
recovery of the ESU. Impact levels to the listed spring chinook 
populations in the ESU are specified in the Tribal Plan. Analysis of 
the predicted return of naturally and hatchery-produced spring chinook 
salmon to the Imnaha River basin in 2003 and the proposed harvest 
levels indicate that all hatchery brood stock and supplemental spawning 
and natural spawning escapement needs will be met after the proposed 
fisheries. A variety of monitoring and evaluation tasks to be conducted 
by the co-managers is specified in the Tribal Plan to assess the 
abundance of spring chinook and to determine fishery effort and catch 
of spring chinook. A comprehensive review of the Tribal Plan to 
evaluate whether the fisheries and listed spring chinook populations 
are performing as expected will be done within and at the end of the 
proposed 2003 season.
    As required by the ESA 4(d) rule for Tribal Plans (65 FR 42481, 
July 10, 2000 [50 CFR 223.209]), the Secretary is seeking public 
comment on his pending determination as to whether the Tribal Plan for 
Imnaha River chinook salmon would appreciably reduce the likelihood of 
survival and recovery of the threatened Snake River spring/summer 
chinook salmon ESU.

Authority

    Under section 4 of the ESA, the Secretary is required to adopt such 
regulations as he deems necessary and advisable for the conservation of 
the species listed as threatened. The ESA Tribal 4(d) Rule (65 FR 
42481, July 10, 2000 [50 CFR 223.209]) states that the ESA section 9 
take prohibitions will not apply to Tribal Plans that will not 
appreciably reduce the likelihood of survival and recovery for the 
listed species.

    Dated: June 23, 2003.
Phil Williams,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 03-16570 Filed 6-30-03; 8:45 am]
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