[Federal Register Volume 69, Number 117 (Friday, June 18, 2004)]
[Notices]
[Pages 34134-34135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13801]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 061004D]


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 (ESA). 
The Tribal Plan specifies the management of recreational, ceremonial, 
and subsistence fisheries in 2004 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 6, 2004.

ADDRESSES: Written comments and requests for copies of the Proposed 
Evaluation and Pending Determination document and the draft 
Environmental Assessment 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 
documents are also available on the Internet at www.nwr.noaa.gov. 
Comments on this draft EA may be submitted by e-mail. The mailbox 
address for providing e-mail comments is [email protected]. Include 
in the subject line the following document identifier: ``Imnaha 2004 
chinook''. Comments may also be submitted electronically through the 
Federal e-Rulemaking portal: www.regulations.gov. Comments received 
will also be available for public inspection, by appointment, during 
normal business hours by calling (208) 378-5614.

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

SUPPLEMENTARY INFORMATION: 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 2004 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 salmon in a manner that does not appreciably reduce the 
likelihood of survival and recovery of the ESU. Impact levels on 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 
2004 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 2004 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

[[Page 34135]]

survival and recovery for the listed species.

    Dated: June 14, 2004.
Phil Williams,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 04-13801 Filed 6-17-04; 8:45 am]
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