[Federal Register Volume 74, Number 83 (Friday, May 1, 2009)]
[Notices]
[Pages 20281-20282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10054]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XO97


Endangered and Threatened Species; Take of Anadromous Fish

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

ACTION:  Notice of availability and request for comments.

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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 a direct 
take permit pursuant to the Endangered Species Act of 1973, as amended 
(ESA). The duration of the proposed permit is ten years. This document 
serves to notify the public of the availability for comment of the 
permit application. All comments received will become part of the 
public record and will be available for review pursuant to 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 onJune 1, 2009.

ADDRESSES:  Written comments on the application should be sent to Nora 
Berwick, National Marine Fisheries Services, Salmon Recovery Division, 
1201 N.E. 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 Sunset Falls fishway. Comments may also be sent via 
facsimile (fax) to (503) 872-2737. Requests for copies of the permit 
application should be directed to the National Marine Fisheries 
Services, Salmon Recovery Division, 1201 N.E. Lloyd Boulevard, Suite 
1100, Portland, OR 97232. The documents are also available on the 
Internet at www.nwr.noaa.gov. Comments received will also be available 
for public inspection, by appointment, duringnormal business hours by 
calling (503) 736-4737.

FOR FURTHER INFORMATION CONTACT: Nora Berwick, Portland, OR, at phone 
number: (503) 231-6887, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: This notice is relevant to the following 
species and evolutionarily significant units (ESUs):
    Chinook salmon (Oncorhynchus tshawytscha): threatened Puget Sound
    Steelhead (Oncorhynchus mykiss): threatened Puget Sound

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 take listed species for any act otherwise 
prohibited by section 9 for scientific purposes or to enhance the 
propagation or survival of the affected species, under section 
10(a)(1)(A) of the ESA. NMFS regulations governing permits for 
threatened and endangered species are promulgated at 50 CFR 222.307.
    NMFS expects to take action on a ESA section 10(a)(1)(A) submittal 
received from the applicant. In an application received on February 27, 
2009, WDFW applied to NMFS for an ESA section 10(a)(1)(A) permit for 
the direct take of ESA-listed threatened Puget Sound Chinook salmon and 
threatened Puget Sound steelhead from the South Fork Skykomish River in 
Washington state. The existing fishway at Sunset Falls will continue to 
be operated to trap Chinook salmon and steelhead arriving at the trap, 
and to haul trapped fish upstream for release into available habitat 
above three impassable waterfalls.

[[Page 20282]]

    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 research and enhancement program. NMFS 
will publish a record of its final action in the Federal Register.

    Dated: April 24, 2009.
Therese Conant,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. E9-10054 Filed 4-30-09; 8:45 am]
BILLING CODE 3510-22-S