[Federal Register Volume 84, Number 133 (Thursday, July 11, 2019)]
[Notices]
[Pages 33062-33063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14771]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XR012


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 evaluation and management 
plans, a proposed evaluation and determination, and a draft 
environmental assessment for public comment.

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SUMMARY: Notice is hereby given that the Oregon Department of Fish and 
Wildlife (ODFW), Washington Department of Fish and Wildlife (WDFW), and 
Idaho Department of Fish and Game (IDFG) have provided two Fishery 
Management and Evaluation Plans (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 FMEPs and TRMP specify the 
implementation of fisheries targeting fall Chinook salmon, and coho 
salmon in the Snake River Basin. This document serves to notify the 
public of the availability of the FMEPs, a Proposed Evaluation and 
Pending Determination (PEPD) on the Nez Perce Tribe's TRMP, and a draft 
Environmental Assessment for comment prior to a decision by NMFS on 
whether to approve the proposed fisheries.

DATES: Comments must be received at the appropriate address (see 
ADDRESSES) no later than 5:00 p.m. Pacific time on August 12, 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 
the email comment the following identifier: Comments on Snake River 
Salmon Fisheries.

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

SUPPLEMENTARY INFORMATION: 

ESA-Listed 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 fall Chinook salmon FMEP submitted jointly by IDFG, ODFW, and 
WDFW describes fisheries targeting adult hatchery- and natural-origin 
fall Chinook salmon within the Snake River Basin waters in the States 
of Oregon, Washington, and Idaho. The coho FMEP submitted by IDFG 
describes fisheries targeting adult hatchery- and natural-origin coho 
salmon within Snake River Basin waters in Idaho and their boundary 
waters with Washington and Oregon. All FMEPs were 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 FMEPs. Prior to approving an FMEP, NMFS must publish 
notification announcing the availability of the FMEP for public review 
and comment.
    The Nez Perce Tribe TRMP describes fisheries targeting adult fall 
Chinook and coho salmon within the Snake River Basin. The plan was 
provided to NMFS under the ESA Tribal 4(d) Rule. The

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TRMP describes timing, location, harvest impact limits, and gear. A 
variety of monitoring and evaluation is included in the TRMP. Prior to 
making a final determination on Tribal plans, 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.
    All of these plans are considered together in the draft 
Environmental Assessment. NMFS proposed approval of the FMEPs and 
proposed determination on the TRMP are considered as a single action in 
the Environmental Assessment.

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 (50 CFR 223.204(b)(3)).

    Dated: July 8, 2019.
Angela Somma,
Chief, Endangered Species Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2019-14771 Filed 7-10-19; 8:45 am]
 BILLING CODE 3510-22-P