[Federal Register Volume 74, Number 33 (Friday, February 20, 2009)]
[Notices]
[Pages 7879-7880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3686]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XN39


Endangered and Threatened Species; Take of Anadromous Fish

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

ACTION: Receipt of application for a scientific permit; request for 
comments.

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SUMMARY: Notice is hereby given that NMFS has received a revised 
application for scientific research from the U.S. Fish and Wildlife 
Service USFWS- Red Bluff (RBFWO), in Red Bluff, CA, and USFWS-
Sacramento (SFWO), in Sacramento, CA (1415). The permit would affect 
the federally endangered Sacramento River winter-run Chinook salmon and 
threatened Central Valley spring-run Chinook salmon Evolutionarily 
Significant Units (ESUs), the federally threatened Central Valley 
steelhead Distinct Population Segment (DPS), and the federally 
threatened southern Distinct Population of North American green 
sturgeon (southern DPS of green sturgeon). This document serves to 
notify the public of the availability of the permit application for 
review and comment.

DATES: Written comments on the permit applications must be received no 
later than 5 p.m. Pacific Standard Time on March 23, 2009.

ADDRESSES: Comments submitted by e-mail must be sent to the following 
address [email protected]. The application and related documents 
are available for review by appointment, for permit 1415: Protected 
Resources Division, NMFS, 650 Capitol Mall, Room 8-300, Sacramento, CA 
95814-4706 (ph: 916-930-3601, fax: 916-930-3629).

FOR FURTHER INFORMATION CONTACT: Shirley Witalis at phone number 916-
930-3601, or e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Authority

    Issuance of permits and permit modifications, as required by the 
Endangered Species Act of 1973 (16 U.S.C. 1531-1543) (ESA), is based on 
a finding that such permits/modifications: (1) are applied for in good 
faith; (2) would not operate to the disadvantage of the listed species 
which are the subject of the permits; and (3) are consistent with the 
purposes and policies set forth in section 2 of the ESA. Authority to 
take listed species is subject to conditions set forth in the permits. 
Permits and modifications are issued in accordance with and are subject 
to the ESA and NMFS regulations governing listed fish and wildlife 
permits (50 CFR parts 222-226).
    Those individuals requesting a hearing on an application listed in 
this notice should set out the specific reasons why a hearing on that 
application would be appropriate (see ADDRESSES). The holding of such a 
hearing is at the discretion of the Assistant Administrator for 
Fisheries, NOAA. All statements and opinions contained in the permit 
action summaries are those of the applicant and do not necessarily 
reflect the views of NMFS.

Species Covered in This Notice

    This notice is relevant to federally-listed Sacramento River 
winter-run Chinook salmon (Oncorhynchus tshawytscha) ESU, threatened 
Central Valley spring-run Chinook salmon (O. tshawytscha) ESU, 
threatened Central Valley steelhead (O. mykiss) DPS, and threatened 
southern DPS of North American green sturgeon (Acipenser medirostris).

Applications Received

    USFWS requests a 5-year permit (1415) for take of adult and 
juvenile Sacramento River winter-run Chinook salmon, Central Valley 
spring-run Chinook salmon, Central Valley steelhead; and juvenile 
larvae and eggs of North American green sturgeon associated with 
monitoring and research activities conducted in the Sacramento-San 
Joaquin river basins, Central Valley, CA.
    RBFWO requests authorization for estimated annual take of adult and 
juvenile Sacramento River winter-run Chinook salmon, adult and juvenile 
Central Valley spring-run Chinook salmon, adult and juvenile California 
Valley steelhead, and the juvenile larvae and eggs of Southern DPS of 
North American green sturgeon for five consecutive years, resulting 
from research and monitoring activities involving the capture (by 
trawl, seine, fyke-net trap, hook and line, electrofishing, weir trap, 
egg trap, rotary screw trap or by hand), handling, fin clipping, tissue 
sampling, coded-wire tag extraction, otolith extraction, marking/
tagging, release of fish, and conducting redd and carcass surveys, in 
associated with following nine projects.
    Project 1 is an annual survey of the fish community structure in 
the Battle Creek watershed (a tributary to the Sacramento River) in 
Shasta County, California. This project will estimate changes in fish 
community distribution and abundance which may affect the success of 
the Battle Creek Salmon and Steelhead Restoration Project or which may 
occur as a result of the restoration project. Research activities 
associated with Project 1 involves direct observation of fish, 
observation by snorkel surveys; seining and electrofishing.
    Project 2 monitors the annual production of juvenile Chinook salmon 
and steelhead in Battle Creek for purposes of (1) generating production 
indices for all runs of Chinook salmon and steelhead for evaluation of 
compliance with the Anadromous Fish Restoration Program (AFRP) 
production targets, assessing restoration activities toward meeting 
AFRP production goals, and obtaining important life history, condition 
and behavioral information. Research activities associated with Project 
2 includes the collection and holding of salmonids through rotary screw 
traps, mark/recapture, and the application of anesthesia.
    Project 3 monitors the annual adult salmonid escapement (species, 
number, timing, age, size, gender, timing and location of spawning, and 
potential limiting factors at various life stages) in Battle Creek. 
Monitoring is carried out at the Coleman National Fish Hatchery barrier 
weir, and through redd and carcass surveys in Battle Creek, to provide 
information for adaptive management of the Battle Creek Salmon and 
Steelhead Restoration Project.
    Project 4 monitors juvenile salmonids out-migration and condition 
as a means of assess the effectiveness of restoration activities in 
Clear Creek (a tributary to Sacramento River) in Shasta County, CA. 
Research activities associated with Project 4 involves the collection 
and holding of juvenile salmonids through rotary screw traps, mark/
recapture, and the application of anesthesia.
    Project 5 monitors fish response to restoration actions (stream 
channel restoration, gravel enhancement,

[[Page 7880]]

increase of minimum stream flows) implemented in Clear Creek, for 
purposes of evaluation and adaptive management of the Clear Creek 
Restoration Program. Research activities associated with Project 5 may 
include the collection, transport and holding of fish; fish observation 
by stream survey, walking or wading; seining and electrofishing; fish 
rescues; application of anesthesia; conducting fish weight and length 
measurements, collection of fish scales for life history analysis; and 
retention of (carcass) fish heads for coded-wire extraction and/otolith 
analyses.
    Project 6 monitors adult salmon escapement at the Red Bluff 
Diversion Dam fish ladder for purposes of identifying fall, late-fall, 
winter, and spring Chinook salmon run components of adult return 
migration. Research activities associated with Project 6 include the 
trapping, collecting, holding, and handling of fish, and examination of 
fish for condition assessment and identification of marks.
    Project 7 monitors the seasonal, temporal, diel and spatial 
patterns of abundance of juvenile winter, spring, fall, and late-fall 
Chinook salmon and steelhead and green sturgeon passing RBDD in the 
upper Sacramento River basin; and allows for refining (model) the 
accuracy and precision of juvenile passage estimates. Research 
activities associated with Project 7 includes fish sampling by rotary 
screw trap, holding, and handling of juvenile salmon and steelhead for 
application of anesthesia, species identification, enumeration, 
forklength measurements, genetic analysis, marking/tagging, and 
release.
    Project 8 conducts a carcass survey on winter-run Chinook salmon 
from the Clear Creek confluence area to the Keswick Dam in the upper 
Sacramento River watershed, for purposes providing annual adult 
escapement estimates on winter-run Chinook salmon. Research activities 
associated with Project 8 include recording carcass location, 
collecting forklength measurements, identifying gender and origin 
(hatchery [absence of adipose fin] or natural), evaluation of spawning 
success; and water quality (temperature and clarity) measurements.
    Project 9 conducts research on the spawning habitat and larval 
drift characteristics of Southern Distinct Population Segment green 
sturgeon from Ord Ferry Bridge to Keswick Dam in the upper Sacramento 
River watershed for purposes of providing basic life history 
information. Research activities associated with Project 9 include 
determining spawning sites by sampling eggs with egg mats, and sampling 
larval green sturgeon using a benthic D-net, fyke net, push nets, or 
seines, to determine temporal and spatial drift characteristics of 
migrating larvae.
    SFWO requests authorization for estimated annual take of juvenile 
Central Valley spring-run Chinook salmon and juvenile California Valley 
steelhead associated with Project 10 for five consecutive years, 
associated with research and monitoring activities involving visual 
observations (underwater observations on estimated fish numbers and 
forklengths, and fish utilization of riverine habitat) and physical 
habitat measurements (taking measurements of water depths and 
velocities, surveying water surface elevations and bed elevations).
    Project 10 conducts monitoring and research activities to assess 
the status of streamflows in Central Valley streams prioritized by AFRP 
for doubling anadromous fish production over the base period of 1967 to 
1991. Project 10 will assess instream flows in Clear Creek, South Cow 
Creek, and Old Cow Creek in the Sacramento River watershed, and the 
Tuolumne River in the San Joaquin River watershed, and determine the 
need for recommendations on streamflowrequirements necessary to support 
populations of anadromous salmonids species and other game fish in said 
sampled streams.

    Dated: February 13, 2009.
Angela Somma,
Division Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. E9-3686 Filed 2-19-09; 8:45 am]
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