[Federal Register Volume 77, Number 62 (Friday, March 30, 2012)]
[Notices]
[Pages 19225-19226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7599]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XB114


Notice of Availability of Draft Documents for Public Comment 
Related to a Fishery Conservation Plan and Research Permits for the 
Washington State Department of Fish and Wildlife

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

ACTION: Notice.

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SUMMARY: The Washington State Department of Fish and Wildlife (WDFW) 
has submitted applications to NMFS for four scientific research permits 
and one incidental take permit (Permits) under the Endangered Species 
Act of 1973, as amended (ESA). We prepared a draft Environmental 
Assessment (EA) to support permit-issuance decisions. As required by 
the ESA, WDFW has also prepared a Conservation Plan (Plan) designed to 
minimize and mitigate any such take of endangered or threatened 
species. The Permit applications are related to scientific research and 
fisheries management measures in waters of the Puget Sound/Georgia 
Basin, Washington. The research permits and fishery permit and the Plan 
each have a proposed term of 5 years.
    We request comments from the public on the draft EA, the proposed 
Plan and associated applications. All comments received will become 
part of the public record.

DATES: Written comments on the draft EA and proposed Plan and 
associated applications must be received on or before April 23, 2012.

ADDRESSES: Address all written comments to: Dan Tonnes, National Marine 
Fisheries Service, 7600 Sand Point Way NE., Building Number 1, Seattle, 
WA 98115-6349, facsimile (206) 526-6426. Comments may be submitted by 
email to the following address: [email protected]. In the subject 
line of the email, include the Document identifier: WDFW EA. Comments 
and materials received will be available for public inspection, by 
appointment, during normal business hours at the office listed in the 
ADDRESSES section of this notice.

FOR FURTHER INFORMATION CONTACT: Dan Tonnes, National Marine Fisheries 
Service, 7600 Sand Point Way NE., Building Number 1, Seattle, WA 98115-
6349, facsimile (206) 526-6426, phone (206) 526-4643, email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Statutory Authority

    Section 9 of the ESA and its implementing 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 (16 U.S.C. 1532(19). ``Harm'' is 
defined to include significant habitat modification or degradation 
where it actually kills or injures wildlife by significantly impairing 
essential behavioral patterns, including breeding, feeding, and 
sheltering (64 FR 60727, November 8, 1999). ``Harass'' is defined as an 
intentional or negligent act or omission which creates the likelihood 
of injury to wildlife by annoying it to such an extent as to 
significantly disrupt normal behavioral patterns including breeding, 
feeding, and sheltering.
    NMFS may issue permits, under limited circumstances, to allow the 
take of listed species incidental to, and not the purpose of, otherwise 
lawful activities, and for scientific research. NMFS proposes to issue 
four research permits pursuant to section 10(a)(1)(A) and one 
incidental take permit pursuant to section 10(a)(1)(B) of the ESA. NMFS 
regulations governing permits for threatened and endangered species are 
at 50 CFR 222.307.

Background

    Fisheries within portions of the Puget Sound/Georgia Basin are 
managed by the WDFW. ESA-listed yelloweye rockfish (Sebastes 
ruberrimus), canary rockfish (Seb. pinniger), and bocaccio (Seb. 
paucispinis) and threatened Puget Sound Chinook salmon (Oncorhyncus 
tshawytscha) are incidentally caught in the commercial shrimp trawl 
fishery and the recreational bottom fish fishery authorized by the 
state. The threatened southern DPS of eulachon (Thaleichthys pacificus) 
and threatened southern DPS of North American green sturgeon (Acipenser 
medirostris) can be incidentally caught in the commercial shrimp trawl 
fishery that occur in the Puget Sound/Georgia Basin. WDFW conducts 
scientific research in the Puget Sound/Georgia Basin that takes ESA-
listed rockfish, the threatened Evolutionarily Significant Units (ESUs) 
of Puget Sound Chinook salmon and Hood Canal summer-run chum salmon (O. 
keta), the DPSs of threatened Puget Sound steelhead (O. mykiss), 
southern

[[Page 19226]]

North American green sturgeon, and southern eulachon. The Permit 
applications WDFW submitted to NMFS address the potential take these 
listed species.
    On April 27, 2010, NMFS listed the Puget Sound/Georgia Basin 
Distinct Population Segments (DPSs) of yelloweye rockfish, and canary 
rockfish, as threatened, and bocaccio as endangered species under the 
ESA (75 FR 22276). Prior to the listing, WDFW initiated discussions 
with NMFS to pursue ESA compliance for state authorized fisheries and 
research activities that are likely to incidentally encounter ESA-
listed rockfish within state waters of the DPSs. NMFS has provided 
assistance to the WDFW in development of a Conservation Plan and an 
application for an incidental take permit (ITP) for ESA-listed rockfish 
and other species likely to be affected by several state-authorized 
fisheries and state-conducted research efforts.
    The draft EA analyzes three alternatives. In the no-action 
alternative NMFS would not issue research permits or incidental take 
permit, and WDFW would close the the commercial shrimp trawl fishery 
and the recreational bottom fish fishery, and no longer conduct certain 
research. In the proposed alternative NMFS would issue all four 
research permits, and the fisheries permit. The fishery permit would be 
issued with additional protections to limit and track take of listed 
fish. In the third alternative NMFS would issue all four research 
permits and the fishery permit. The fishery permit would include less 
fisheries restrictions and would result in greater take numbers of ESA-
listed rockfish. NMFS's proposed action is to issue the four research 
permits and the fisheries permit that include protections to further 
reduce and track take of listed fish.
    NMFS will evaluate the applications, associated documents, and 
comments submitted to determine whether the applications meet 
requirements of the ESA and NEPA. We will then prepare the final EA. 
Our decisions of whether to issue an incidental take permit and 
scientific research permits will be made upon completion of the final 
EA and the ESA determination.

Document Availability

    The documents are available electronically on the World Wide Web at 
http://www.nwr.noaa.gov.

    Dated: March 21, 2012.
Larissa Plants,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2012-7599 Filed 3-29-12; 8:45 am]
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