[Federal Register Volume 74, Number 115 (Wednesday, June 17, 2009)]
[Notices]
[Pages 28667-28668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14267]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XP80


Endangered and Threatened Species; Take of Anadromous Fish

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

ACTION:  Notice; availability of fishery plan and request for comment.

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SUMMARY:  Notice is hereby given that the Oregon Department of Fish and 
Wildlife (ODFW) has submitted a Fishery Management and Evaluation Plan 
(FMEP) pursuant to the protective regulations promulgated for Oregon 
Coast (OC) coho salmon under the Endangered Species Act (ESA). The FMEP 
specifies the future management of freshwater inland recreational 
fisheries potentially affecting coho salmon on the Oregon coast. This 
document serves to notify the public of the availability of the FMEP 
for review and comment before final approval or disapproval is made by 
NMFS.

DATES:  Comments on the FMEP must be received at the appropriate 
address or fax number (see ADDRESSES) no later than 5 p.m. Pacific 
daylight time on July 17, 2009.

ADDRESSES:  Written comments on the application should be addressed to 
the NMFS Salmon Recovery Division, 2900 NW Stewart Parkway, Roseburg, 
OR 97471, or faxed to 541-957-3386. Comments may be submitted by e-
mail. The mailbox address for providing e-mail comments is 
[email protected]. Include in the subject line of the e-mail 
comment the following identifier: Comments on Oregon's coho FMEP.

FOR FURTHER INFORMATION CONTACT: Lance Kruzic, Roseburg, Oregon, at 
phone number: (541) 957-3381, or e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Species Covered in This Notice

    This notice is relevant to the Oregon Coast Coho Salmon 
(Oncorhynchus kisutch) evolutionarily significant unit (ESU).
    ODFW has submitted to NMFS an FMEP entitled ``Oregon Coastal Coho, 
Coastal Rivers Coho Sports Fishery.'' This FMEP describes management of 
recreational fisheries for adult coho salmon in the bays and rivers 
within the OC Coho Salmon ESU. The objective of the fishery management 
described in this FMEP is to harvest unmarked coho salmon in a manner 
that does not exceed the harvest impact limits prescribed in the 
overarching harvest management plan for both ocean and freshwater 
fisheries that has already been approved under the ESA (i.e., the 
Pacific Fishery Management Council's Amendment 13 to the Pacific Salmon 
Plan). The impact levels on ESA-listed OC coho salmon are specified in 
the Amendment 13 harvest plan that has been implemented successfully 
since 1998. The proposed FMEP does not change in any way the existing 
Amendment 13 harvest plan for OC coho salmon, but could allow for 
additional freshwater harvest of coho salmon if specific conditions are 
met and the fishery impacts are still within the limits prescribed in 
Amendment 13. Population viability analyses and risk assessments 
conducted since this harvest management plan went into effect indicate 
the extinction risk for listed OC coho salmon would not increase as a 
result of the fishery impact levels. A variety of monitoring and 
evaluation tasks are specified in the FMEPs to assess the abundance of 
coho salmon, determine fishery effort and catch of coho salmon, and 
monitor angler compliance. A review of compliance within the provisions 
of the FMEP will be conducted by ODFW annually. Each year's upcoming 
recreational fishery management intentions will have to get NMFS 
concurrence beforehand to ensure compliance with the proposed FMEP.
    As specified in the July 10, 2000, ESA 4(d) rule for salmon and 
steelhead (65 FR 42422) and updated June 28, 2005 (70 FR 37160), NMFS 
may approve an FMEP if it meets criteria set forth in 50 CFR 
223.203(b)(4)(i)(A) through (I). Prior to final approval of an FMEP, 
NMFS must publish notification announcing its availability for public 
review and comment.

Authority

    Under section 4 of the ESA, the Secretary of Commerce is required 
to adopt such regulations as he deems necessary and advisable for the 
conservation of species listed as threatened. The ESA salmon and 
steelhead 4(d) rule (65 FR 42422, July 10, 2000, as updated in 70 FR 
37160, July 28, 2005) specifies categories of activities that 
contribute to the conservation of listed salmonids and sets out the 
criteria for such activities. The rule further provides that the 
prohibitions of paragraph (a) of the rule do not apply to activities 
associated with fishery harvest provided that an FMEP has been approved 
by NMFS to be in accordance with the salmon and steelhead 4(d) rule (65 
FR 42422, July 10, 2000, as updated in 70 FR 37160, July 28, 2005).


[[Page 28668]]


    Dated: June 12, 2009.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. E9-14267 Filed 6-16-09; 8:45 am]
BILLING CODE 3510-22-S