[Federal Register Volume 72, Number 176 (Wednesday, September 12, 2007)]
[Notices]
[Page 52085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-17985]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC45


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:  Notice is hereby given that NMFS has received an application 
from the Washington Department of Fish and Wildlife (WDFW) for an 
incidental take permit pursuant to the Endangered Species Act of 1973, 
as amended (ESA). The duration of the proposed Permit is 5- years. This 
document serves to notify the public of the availability for comment of 
the permit application and of the associated draft environmental 
assessment (EA) before a final decision on whether to issue a Finding 
of No Significant Impact and the permit is made by NMFS. All comments 
received will become part of the public record and will be available 
for review pursuant to section 10(c) of the ESA.

DATES:  Written comments on the application and draft EA must be 
received at the appropriate address or fax number (see ADDRESSES) no 
later than 5 p.m. Pacific time on October 12, 2007.

ADDRESSES:  Written comments on the application should be sent to 
Kristine Petersen, Salmon Recovery Division, 1201 NE., Lloyd Boulevard, 
Suite 1100, Portland, OR 97232. Comments may also be submitted by e-
mail to: [email protected]. Include in the subject line of the 
e-mail comment the following identifier: Comments on UCR recreational 
fisheries. Comments may also be sent via facsimile (fax) to (503) 872-
2737. Requests for copies of the permit application should be directed 
to the Salmon Recovery Division, 1201 NE., Lloyd Boulevard, Suite 1100, 
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 at (503) 230-5409 or 
e-mail: [email protected].

SUPPLEMENTARY INFORMATION: This notice is relevant to the following 
species and evolutionarily significant units (ESUs) or distinct 
population segments (DPSs):
    Steelhead (Oncorhynchus mykiss): endangered, naturally produced and 
artificially propagated Upper Columbia River (UCR) and threatened 
Middle Columbia River.
    Chinook salmon (O. tshawytscha): endangered Upper Columbia River 
spring-run and threatened Snake River fall-run.

Background

    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 to non-Federal entities to 
take ESA-listed species if such taking is incidental to, and not the 
purpose of, carrying out an otherwise lawful activity, under section 
10(a)(1)(B) of the ESA. NMFS regulations governing permits for 
threatened and endangered species are promulgated at 50 CFR 222.307.
    The National Environmental Policy Act (NEPA) requires Federal 
agencies to conduct an environmental analysis of their proposed actions 
to determine if the actions may affect the human environment. NMFS 
expects to take action on an ESA section 10(a)(1)(B) submittal received 
from the applicant. Therefore, the Service is seeking public input on 
the scope of the required NEPA analysis, including the range of 
reasonable alternatives and associated impacts of any alternatives.
    On September 12, 2005, the WDFW submitted an application to NMFS 
for an ESA section 10(a)(1)(B) permit for incidental take of ESA-listed 
anadromous fish species associated with recreational fishery programs 
in the upper Columbia River and its tributaries for a 5-year period. 
The receipt of the application was noticed in the Federal Register (70 
FR 71087, November 11, 2005), and no comments were received. On 
February 2, 2007, the WDFW submitted a request to adjust the boundaries 
of one fishery previously proposed in the 2005 application. The 
application is being made available for comment a second time due to 
the addition of the fishery area adjustment. The proposed fisheries 
would target non-listed anadromous salmon and steelhead and resident 
game fish species. No fisheries that would target listed species are 
proposed in the application. Implementation of these fisheries would 
allow fishing for recreational purposes and would provide economic 
opportunities for local communities through the sale of licenses and 
equipment, and the conduct of other business and services related to 
recreational fisheries.
    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 WDFW for 
the purpose of carrying out the fisheries management activities. NMFS 
will publish a record of its final action in the Federal Register.
    The general effects on the environment considered include the 
impacts on the physical, biological, and socioeconomic environments of 
the Upper Columbia River Basin.

    Dated: September 7, 2007.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. E7-17985 Filed 9-11-07; 8:45 am]
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