[Federal Register Volume 74, Number 57 (Thursday, March 26, 2009)]
[Notices]
[Pages 13192-13193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6779]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XO24


Endangered and Threatened Species; Take of Anadromous Fish

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

ACTION: Notice of receipt of a permit application; request for 
comments.

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SUMMARY: Notice is hereby given that NMFS has received an application 
for a permit (permit 14579) to conduct steelhead rescue activities for 
population enhancement purposes from the Protected Resource Division of 
NMFS office in Long Beach (PRDLB), California. The requested permit 
would affect the Southern California Coast Distinct Population Segment 
of endangered steelhead trout (Oncorhynchus mykiss). The public is 
hereby notified of the availability of the permit application for 
review and comment before NMFS either approves or disapproves the 
application.

DATES: Written comments on the permit application must be received at 
the appropriate address or fax number (see ADDRESSES) on or before 
April 27, 2009.

ADDRESSES: Written comments on the permit application should be sent to 
Matt McGoogan, Protected Resources Division, NMFS, 501 W. Ocean Blvd., 
Suite 4200, Long Beach, CA 90802. Comments may also be sent using email 
([email protected]) or fax (562) 980-4027. The permit application 
is available for review, by appointment, at the foregoing address and 
is also available for review online at the Authorizations and Permits 
for

[[Page 13193]]

Protected Species website at https://apps.nmfs.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Matt McGoogan at phone number (562) 
980-4026 or e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Authority

    Issuance of permits, as required by the Endangered Species Act of 
1973 (16 U.S.C. 1531B1543) (ESA), is based on a finding that such 
permits: (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 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 provide 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.

Permit Application Received

    PRDLB has applied for a permit to conduct steelhead rescue 
activities for the Southern California Coast (SCC) Distinct Population 
Segment (DPS) of endangered steelhead (Oncorhynchus mykiss) which 
includes coastal streams from the Santa Maria River south to the 
Mexican border. The purpose of this permit is for the enhancement of 
survival of endangered steelhead in the SCC DPS. During the dry season 
and prolonged periods of below normal rainfall the instream areas 
harboring endangered steelhead can experience dewatering and 
desiccation. Because steelhead within drying sections of streams can 
perish, possessing the legal authority to capture and then relocate at-
risk individuals would be valuable should biotic and abiotic factors 
suggest rescue of steelhead is warranted.
    Criteria have been defined in the application to provide an 
objective biological basis for determining whether a steelhead rescue 
is reasonable and necessary to enhance the population. These criteria 
include instream characteristics and conditions within the affected 
area, the cause for any observed or projected streamflow decreases or 
dewatering, the availability of suitable instream areas to safely 
harbor the rescued steelhead (i.e., relocation areas), and the 
abundance of steelhead within the affected area. The application 
specifies that the permit would be applicable only in the following 
situations: when a rapid response is crucial to steelhead survival, and 
when mortality of steelhead, if not rescued and relocated, is 
reasonably certain; and, when take authorization has not been granted, 
or is not expected or warranted, under Section 7 or Section 10 of the 
ESA. The application defines criteria to increase the likelihood that 
the permit would not be misused.
    NMFS-specific responsibilities under the rescue and relocation 
activities involve: (1) serving as the permit holder, principal 
investigator, and the primary contact, (2) designating and 
collaborating with the California Department of Fish and Game (CDFG) as 
a co-investigator, (3) determining the need for a steelhead rescue and 
relocation, and (4) providing written authorization for undertaking 
steelhead rescue and relocation. NMFS would retain discretion as 
principal investigator under the permit for determining, either 
individually or in collaboration with CDFG, whether a steelhead rescue 
and relocation are warranted using the established rescue criteria.
    With regard to authorizing steelhead rescue and relocation, the 
permit would grant NMFS the authority to legally allow its own 
qualified biologists or those of the CDFG to conduct and oversee 
operations to capture and relocate steelhead when an imminent threat to 
the survival of individuals exists and when the rescue criteria are 
met. Once the determination has been made that a steelhead rescue is 
needed, NMFS will coordinate the rescue and relocation operation with 
its own biologists and (or) those of the CDFG.
    The application identifies specific responsibilities for CDFG 
related to the rescue and relocation activities. CDFG will notify the 
designated NMFS point of contact of the need to rescue and relocate 
steelhead prior to implementing any rescue and relocation operation. 
The notification will involve a letter that provides the following 
information: A description of the need to rescue steelhead, including 
an assessment of the applicability of the rescue criteria; the name of 
the waterway where the subject rescue and relocation would occur; a 
brief description of the specific conditions believed to be prompting 
the rescue (e.g., naturally dry conditions, or anthropogenic activity 
causing the reduction in flow); an estimate of the number of steelhead 
that are expected to be rescued; the name of the waterway and location 
(GPS coordinates) where the collected steelhead would be relocated; 
and, a description of the plan that will be implemented to monitor the 
status of the relocated individuals over time.
    A permit duration of 10 years is requested to cover the described 
activities from 6/1/2009 to 12/31/2019. For this 10 year program, PRDLB 
has requested an annual non-lethal take of up to 2000 juvenile 
steelhead and 100 adult steelhead. An annual collection and possession 
of up to 100 steelhead tissue samples is being requested as well as 
permission to recover up to 20 carcasses per year (if found). All 
samples and carcasses would be sent to NMFS science center for genetic 
research and processing. No intentional lethal take is being proposed 
for this permit. The unintentional lethal take (mortalities) that may 
occur during rescue activities is up to100 juvenile steelhead per year 
or no more than 5 percent of the total captured. See the attached 
documents in the methods section of the permit for a complete project 
description including tables and figures.

    Dated: March 20, 2009.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. E9-6779 Filed 3-25-09; 8:45 am]
BILLING CODE 3510-22-S