[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Notices]
[Pages 28807-28808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11692]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC682


Endangered and Threatened Species; Take of Anadromous Fish

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

ACTION: Issuance of four scientific research and enhancement permits.

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SUMMARY: Notice is hereby given that NMFS has issued Permit 17299 to 
the NMFS Southwest Fisheries Science Center (SWFSC), Permit 16543-M1 to 
the California Department of Water Resources (CDWR), Permit 17428 to 
the United States Fish and Wildlife Service (USFWS), and Permit 17777 
to Natural Resource Scientists Incorporated (NRSI).

ADDRESSES: The approved application for each permit is available on the 
Applications and Permits for Protected Species (APPS), https://apps.nmfs.noaa.gov Web site by searching the permit number within the 
Search Database page. The applications, issued permits and supporting 
documents are also available upon written request or by appointment: 
Protected Resources Division, NMFS, 650 Capitol Mall, Room 5-100, 
Sacramento, CA 95814 (ph: (916) 930-3600, fax: (916) 930-3629).

FOR FURTHER INFORMATION CONTACT: Amanda Cranford at 916-930-3706, or 
email: [email protected].

SUPPLEMENTARY INFORMATION: 

Authority

    The 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 (50 CFR parts 222-226) 
governing listed fish and wildlife permits.

Species Covered in This Notice

    This notice is relevant to federally endangered Sacramento River 
(SR) winter-run Chinook salmon (Oncorhyncus tshawytscha), threatened 
Central Valley (CV) spring-run Chinook salmon (O. tshawytscha), 
threatened California Central Valley (CCV) steelhead (O. mykiss), and 
threatened southern distinct population segment (SDPS) of North 
American green sturgeon (Acipenser medirostris), henceforth referred to 
as ESA-listed salmonids and SDPS green sturgeon.

Permits Issued

Permit 17299

    A notice of the receipt of an application for a scientific research 
and enhancement permit (17299) was published in the Federal Register on 
February 4, 2013 (78 FR 7755). Permit 17299 was issued to the SWFSC on 
April 4, 2013, and expires on December 31, 2017.
    Permit 17299 is for research to be conducted at various sites and 
hatcheries within the Central Valley, CA. The main purpose of the 
research conducted by the SWFSC is to carry out

[[Page 28808]]

comparative studies on salmonid ecology across all Central Valley 
habitats (streams, rivers and Delta) to increase knowledge of 
California's Chinook salmon and steelhead life histories. The overall 
goal of this project is to provide critical information in support of 
conservation and management of California's salmon stocks. Studies 
authorized under Permit 17299 will follow three directions: (1) 
Telemetry studies to assess river habitat use, behavior, and survival, 
(2) predator impacts on salmon, and (3) physiological measurements of 
aerobic scope across stocks.
    In situations where the SWFSC are unable to rely on collaborators 
to capture fish through rotary screw trapping, collection methods will 
include fyke nets, backpack electrofishing, beach seining, tangle 
netting, DIDSON observations, tethering and hook and line. Handling 
will typically involve sedation of juveniles (MS-222), measurements, 
tissue sampling (fin clips and scales from most, stomach lavage 
[subset] and tagging [PIT tags, acoustic tags]) followed by release of 
live fish. Another group of hatchery produced salmonids will be tested 
to measure aerobic scope under a range of temperature and flow 
combinations. A small subset of those hatchery produced fish will be 
sacrificed to collect otoliths for age and growth measurements, organ 
tissue for isotope analysis, biochemical and genomic expression assays, 
and tag effects and retention studies.
    Permit 17299 authorizes non-lethal take and low levels (not to 
exceed two percent) of unintentional lethal take. Permit 17299 also 
authorizes intentional, directed lethal take of smolt and adult adipose 
fin-clipped, hatchery produced, Chinook salmon for aerobic scope 
measurements and otolith microchemistry analysis.

Permit 17428

    A notice of the receipt of an application for a scientific research 
and enhancement permit (17428) was published in the Federal Register on 
October 16, 2012 (77 FR 63295). Permit 17428 was issued to the USFWS on 
January 25, 2013 and expires on December 31, 2017.
    Permit 17428 is for research to be conducted in the American River, 
downstream of the Watt Avenue Bridge, in Sacramento County, CA. Each 
year, two to four rotary screw traps (RSTs) will be operated 5 to 7 
days each week between January 1 and June 30. As traps are operated, 
data will be collected on fish abundance, trap operational status, and 
environmental characteristics at the trap site. Trap operations will 
focus on the collection of juvenile CCV steelhead and non-listed fall-
run Chinook salmon. Other fish species will be collected on an 
incidental basis. If salmon that may be federally listed spring- or 
winter-run Chinook are captured, fin clips will be taken so those 
samples can be used in genetic studies to determine which runs are 
actually present. The lengths of a representative sample of up to 100 
individuals of each fish species will be measured each day. Weights 
from 25 salmon will be quantified each day. Captured fish will be 
released alive immediately downstream of the RSTs.
    The proposed monitoring project does not include activities 
designed to intentionally result in the death of listed taxa. If 
juvenile salmonids are found dead or incidentally killed during 
trapping activities, they will be salvaged for future studies. Permit 
17428 authorizes non-lethal and low levels of unintentional lethal take 
of smolt and juvenile ESA-listed. Permit 17428 does not authorize any 
intentional lethal take of ESA-listed salmonids.

Permit 16543-M1

    A notice of the receipt of an application for modification of a 
scientific research and enhancement permit (16543-M1) was published in 
the Federal Register on February 4, 2013 (78 FR 7755). Permit 16543-M1 
was issued to CDWR on March 14, 2013, and expires on December 31, 2014.
    Permit 16543-M1 is for research to be conducted in the Sacramento-
San Joaquin Delta, California. The primary objectives to which ESA-
listed salmonids and SDPS green sturgeon may be taken are to provide 
information on spatial and environmental patterns of predation; 
critical information for guiding future restoration projects on 
conditions likely to support or discourage higher predation rates on 
ESA-listed and native fishes. Take activities associated with research 
on adult ESA-listed salmonids and juvenile, subadult, and adult SDPS 
green sturgeon include the following: capture (by trammel net or 
gillnet), handling (species identification and enumeration), and 
release of fish downstream of the capture location.
    Permit 16543-M1 authorizes CDWR non-lethal take of adult ESA-listed 
salmonids and juvenile, subadult, and adult SDPS green sturgeon. Permit 
16543-M1 does not authorize any unintentional or intentional lethal 
take of ESA-listed salmonids and SDPS green sturgeon.

Permit 17777

    A notice of the receipt of an application for a scientific research 
and enhancement permit (17777) was published in the Federal Register on 
February 4, 2013 (78 FR 7755). Permit 17777 was issued to NRSI on April 
3, 2013 and expires on December 31, 2014.
    Permit 17777 is for research activities conducted at the Sycamore 
Mutual Water Corporation diversion site on the middle Sacramento River, 
in Colusa County, California. The primary objectives to which ESA-
listed salmonids and SDPS green sturgeon may be taken by NRSI are part 
of an ongoing effort to develop criteria to prioritize fish screening 
projects on the Sacramento River and experiment with devices to reduce 
fish entrainment into unscreened diversions. Sampling will involve the 
use of fyke nets positioned at the diversion outfall in the irrigation 
canal. The diversion has been screened with two retractable screens. 
The UC-Davis Hydraulics Laboratory has designed an alternative device 
to reduce fish entrainment for placement over the two riverine intakes 
in lieu of the two fish screens. Fish sampling will occur every day 
with the behavioral devices in place and removed on alternating days 
throughout the irrigation season. The effectiveness of the behavioral 
device will be determined by comparing the numbers of fish entrained 
each day with the devices in place and removed.
    Fish captured on the outfall side of the pumped diversions are not 
expected to be alive or salvageable since fish will be mortally injured 
by the pumps, lethally stressed in pressurized pipes and warm water, or 
otherwise lost to the water distribution systems. Dead or moribund fish 
will be identified to species, enumerated, measured, and the carcasses 
put back into the canals at the sampling site. To the extent 
practicable, any captured live ESA-listed species will be immediately 
returned to the river.

    Dated: May 13, 2013.
Angela Somma,
Chief, Endangered Species Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2013-11692 Filed 5-15-13; 8:45 am]
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