[Federal Register Volume 84, Number 88 (Tuesday, May 7, 2019)]
[Notices]
[Pages 19904-19905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09262]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XH008


Endangered and Threatened Species; Take of Anadromous Fish

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

ACTION: Notice of availability; request for comments.

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SUMMARY: Notice is hereby given that the Oregon Department of Fish and 
Wildlife (ODFW) has provided a Fishery Management and Evaluation Plan 
(FMEP), and the Nez Perce Tribe has provided a Tribal Resource 
Management Plan (TRMP), pursuant to the protective regulations 
promulgated for Pacific salmon and steelhead under the Endangered 
Species Act (ESA). The FMEP and TRMP specify the implementation of 
fisheries targeting steelhead in the Snake River Basin. This document 
serves to notify the public of the availability of the FMEP, and a 
Proposed Evaluation and Pending Determination (PEPD) on the Nez Perce 
Tribe's TRMP, for comment prior to a decision by NMFS whether to 
approve the proposed fisheries.

DATES: Comments must be received at the appropriate address (see 
ADDRESSES) no later than 5 p.m. Pacific time on June 6, 2019. Comments 
received after this date may not be accepted.

ADDRESSES: Written comments on the application should be addressed to 
the NMFS Sustainable Fisheries Division, 1201 NE Lloyd Boulevard, Suite 
1100, Portland, OR 97232. Comments may be submitted by email. The 
mailbox address for providing email comments is 
[email protected]. Include in the subject line 
of

[[Page 19905]]

the email comment the following identifier: Comments on Snake River 
Steelhead Fisheries.

FOR FURTHER INFORMATION CONTACT: Charlene Hurst, at phone number: (503) 
230-5409, or via email: [email protected].

SUPPLEMENTARY INFORMATION:

Species Covered in This Notice

    Chinook salmon (Oncorhynchus tshawytscha): Threatened, naturally 
produced and artificially propagated Snake River Spring/Summer and 
Snake River Fall.
    Steelhead (O. mykiss): Threatened, naturally produced and 
artificially propagated Snake River Basin.
    Sockeye salmon (O. nerka): Endangered, naturally produced and 
artificially propagated Snake River.

Background

    The ODFW FMEP describes fisheries targeting adult adipose-fin-
clipped, hatchery-origin steelhead within the Snake River Basin waters 
in the State of Oregon and in boundary waters with Washington and 
Idaho. The plan was submitted to NMFS under limit 4 of the ESA 4(d) 
Rule for salmon and steelhead. These fisheries were designed to support 
fishing opportunities while minimizing potential risks to ESA-listed 
species. The FMEP describes timing, location, harvest impact limits, 
licensing, and gear requirements, and requires that all fish caught 
with an intact adipose fin be released unharmed. A variety of 
monitoring and evaluation is included in the FMEP.
    The Nez Perce Tribe TRMP describes fisheries targeting adult 
steelhead within the Snake River Basin. The plan was provided to NMFS 
under the ESA Tribal 4(d) Rule. The TRMP describes timing, location, 
harvest impact limits, and gear. A variety of monitoring and evaluation 
is included in the TRMP.
    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 approving an FMEP, NMFS must 
publish notification announcing the availability of the FMEP for public 
review and comment.
    For Tribal plans, prior to making a final determination on the 
plan, NMFS must take comments on its pending determination as to 
whether or not implementation of the plan will appreciably reduce the 
likelihood of survival and recovery of the listed salmonids (50 CFR 
223.204(b)(3)). While the provisions of Limit 4 of the 4(d) rule do not 
strictly apply in review of a Tribal plan, they contain appropriate 
considerations for NMFS as it reviews tribal harvest plans, and NMFS 
relies on them to guide its review here.

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, June 28, 2005) specifies categories of activities that 
contribute to the conservation of listed salmonids and sets out the 
criteria for such activities. Limit 4 of the updated 4(d) rule (50 CFR 
223.203(b)(4)) further provides that the prohibitions of paragraph (a) 
of the updated 4(d) rule (50 CFR 223.203(a)) do not apply to fisheries 
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, June 28, 2005).
    The ESA Tribal 4(d) Rule (65 FR 42481, July 10, 2000) states that 
the ESA section 9 take prohibitions will not apply to Tribal Plans that 
will not appreciably reduce the likelihood of survival and recovery for 
the listed species.

    Dated: May 1, 2019.
Angela Somma,
Chief, Endangered Species Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2019-09262 Filed 5-6-19; 8:45 am]
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