[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Notices]
[Pages 13735-13736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06460]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG127


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 one enhancement permit application and 
request for comment.

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SUMMARY: Notice is hereby given that NMFS has received one permit 
application submitted by FISHBIO Environmental, LLC. (FISHBIO) to 
enhance the propagation and survival of species listed under the 
Endangered Species Act (ESA) of 1973, as amended, for a five-year 
period. This document serves to notify the public of the availability 
of the permit application for review and comment, prior to a decision 
by NMFS whether to issue the permit. The permit application may be 
viewed online at: https://apps.nmfs.noaa.gov/preview/preview_open_for_comment.cfm.

DATES: Comments or requests for a public hearing on the application 
must be received at the appropriate address or fax number (see 
ADDRESSES) no later than 5 p.m. Pacific standard time on April 30, 
2018.

ADDRESSES: Written comments on the application should be submitted to 
the NMFS California Central Valley Office, 650 Capitol Mall, Suite 5-
100, Sacramento, CA 95814. Comments may also be submitted via fax to 
(916) 930-3629, or by email to [email protected] (include the 
permit number in the subject line of the fax or email).

FOR FURTHER INFORMATION CONTACT: Amanda Cranford, Sacramento, CA 
(Phone: (916) 930-3706; Fax: (916) 930-3629; Email: 
[email protected]). Permit application instructions are 
available from the address above, or online at https://apps.nmfs.noaa.gov.

SUPPLEMENTARY INFORMATION: 

ESA-Listed Species Covered in This Notice

    Chinook salmon (Oncorhynchus tshawytscha): Threatened, naturally 
produced and hatchery propagated Central Valley (CV) spring-run;
    Steelhead (O. mykiss): Threatened, naturally produced and 
artificially propagated California Central Valley (CCV).
    North American green sturgeon (Acipenser medisrostris): Threatened, 
naturally produced southern distinct population segment (SDPS).

Permit Application Received

Permit 21477

    FISHBIO has applied for an enhancement permit under section 
10(a)(1)(A) of the ESA for a period of five years that would allow take 
of both adult and juvenile CV spring-run Chinook salmon, CCV steelhead, 
and SDPS green sturgeon. Recent Federal legislation (Section 4010 of 
the Water Infrastructure Improvements for the Nation Act (WIIN Act); 
December 16, 2016) requires the Oakdale Irrigation District and the 
South San Joaquin Irrigation District (Districts) and NMFS to jointly 
establish a nonnative predator research and pilot fish removal program 
in the Stanislaus River to investigate whether nonnative predator 
removal is an effective strategy to improve overall conditions for 
native fish, especially the survival of juvenile salmonids. The general 
approach of the program is intended to build off previous nonnative 
predator removal studies conducted in the Central Valley. The program 
will allow examination of the biological and ecological responses of 
both ESA-listed

[[Page 13736]]

and non-listed native fish (particularly salmonids) and the fish 
community in relation to predator exclusion and removal efforts. 
Specific study questions will focus on changes in the densities and 
relative abundances in these native fish and fish community 
assemblages.
    The program will be carried out using three primary methods: (1) An 
exclusion weir equipped with a live box (or fyke trap) will be used to 
trap and remove nonnative predatory fish. Native fish will be trapped 
daily and selectively passed upstream of the weir in order to reduce 
the potential for in-trap predation and to minimize delays in 
migration; (2) boat electrofishing is proposed to estimate the 
abundance of nonnative predators and to conduct predator removals; and 
(3) survival will be assessed by conducting releases of acoustically 
tagged hatchery-origin Chinook salmon juveniles upstream of areas where 
predator removal has occurred.
    Although ESA-listed species are not directly targeted by the 
program, they may be incidentally captured and handled during 
electrofishing sampling. All efforts will be made to limit 
electrofishing in areas where juvenile salmonids may be present or 
rearing. Electrofishing will follow strict guidelines to minimize 
mortality and established measures will be taken to protect species 
listed under the ESA. The proposed operation of a weir in the 
Stanislaus River could impact ESA-listed species by delaying adult 
upstream migration. Additionally, trapping at the weir may result in 
the capture of adult ESA-listed species. These effects will be 
minimized by frequent (at least daily) trap checks at the site and 
prioritization of ESA-listed species for handling and release prior to 
other non-listed species.

Authority

    Enhancement permits are issued in accordance with section 
10(a)(1)(A) of the ESA (16 U.S.C. 1531 et seq.) and regulations 
governing listed fish and wildlife permits (50 CFR part 222). NMFS 
issues permits based on findings that such permits: (1) Are applied for 
in good faith; (2) if granted and exercised, would not operate to the 
disadvantage of the listed species that are the subject of the permit; 
(3) are consistent with the purposes and policies of section 2 of the 
ESA; (4) further a bona fide and necessary or desirable scientific 
purpose or enhance the propagation or survival of the endangered 
species, taking into account the benefits anticipated to be derived on 
behalf of the endangered species; and additional issuance criteria as 
listed at 50 CFR 222.308(c)(5-12). The authority to take listed species 
is subject to conditions set forth in the permit.
    Anyone requesting a hearing on an application listed in this notice 
should set out the specific reasons why a hearing on that application 
would be appropriate (see ADDRESSES). Such hearings are held at the 
discretion of the Assistant Administrator for Fisheries, NMFS.

Public Comments Solicited

    NMFS invites the public to comment on the section 10(a)(1)(A) 
enhancement permit application during a 30-day public comment period 
beginning on the date of this notice. This notice is provided pursuant 
to section 10(c) of the ESA (16 U.S.C. 1529(c)). All comments and 
materials received, including names and addresses, will become part of 
the administrative record and may be released to the public. We provide 
this notice in order to allow the public, agencies, or other 
organizations to review and comment on these documents.

Next Steps

    NMFS will evaluate the permit application, associated documents, 
and comments submitted to determine whether the applications meet the 
requirements of section 10(a)(1)(A) of the ESA and Federal regulations. 
The final permit decisions will not be made until after the end of the 
30-day public comment period and after NMFS has fully considered all 
relevant comments received. NMFS will publish notice of its final 
action in the Federal Register.

    Dated: March 27, 2018.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2018-06460 Filed 3-29-18; 8:45 am]
 BILLING CODE 3510-22-P