[Federal Register Volume 87, Number 32 (Wednesday, February 16, 2022)]
[Notices]
[Pages 8787-8788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03293]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB815]


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 an application; for a Section 10(a)(1)(A) 
Scientific Research and Enhancement Permit associated with the Rescue 
and Rearing Management Plan for the Central California Coast 
steelhead--Petaluma River population.

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SUMMARY: We, NMFS, announce receipt of an application for a section 
10(a)(1)(A) Scientific Research and Enhancement Permit (Number 25838) 
under the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 
1531 et. seq.), for an associated Rescue and Rearing Management Plan 
for Petaluma River Steelhead population (RRMP) for the United Anglers 
of Casa Grande (UACG, Applicant). The proposed 10(a)(1)(A) permit and 
RRMP is intended to: (1) Increase ESA-listed adult Central California 
Coast (CCC) steelhead (Oncorhynchus mykiss) abundance in the Petaluma 
River towards levels identified by NMFS in the recovery plan for this 
population; and (2) provide emergency incubation and rearing facilities 
for other hatchery programs where conditions within these facilities 
are expected to become unsuitable for the culture of ESA-listed 
steelhead or coho salmon (O. kisutch).

DATES: Comments or requests for a public hearing on the actions 
proposed in the application must be received at the appropriate address 
(see ADDRESSES) no later than 5 p.m. Pacific standard time on March 18, 
2022.

ADDRESSES: Written comments on the application should be submitted to 
the California Coastal Office, NMFS, 777 Sonoma Avenue, Room 325, Santa 
Rosa, California 95404. Comments may also be submitted by email to: 
[email protected] (include the permit numbers in the 
subject line of the fax or email).

FOR FURTHER INFORMATION CONTACT: Jodi Charrier, Santa Rosa, California 
(ph.: 707-575-6069; Fax: 707-578-3435; email: [email protected]). 
The permit application is available upon request through the contact 
information above, or online at https://apps.nmfs.noaa.gov.

[[Page 8788]]


SUPPLEMENTARY INFORMATION:

Species Covered in This Notice

    The following ESA-listed species are covered in this notice:
     Steelhead (O. mykiss); Threatened CCC Distinct Population 
Segment (DPS)

Authority

    Scientific Research and Enhancement Permits are issued in 
accordance with Section 10(a)(1)(A) of the ESA (16 U.S.C. 
1539(a)(1)(A)) and regulations governing listed fish and wildlife 
permits (50 CFR part 222, subpart C). 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; and (4) would 
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 Sec.  222.308(c)(5-12)). The authority to take listed species is 
subject to conditions set forth in the permits.
    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.

Permit Application Received

    A draft RRMP has been developed and a Section 10(a)(1)(A) 
Scientific Research and Enhancement Permit application has been 
submitted to NMFS by the UACG. Fish rearing will occur at the UACG 
Hatchery and will be run by Casa Grande High School located in 
Petaluma, California in cooperation with UACG, the California 
Department of Fish and Wildlife (CDFW), and NMFS. A Technical Advisory 
Committee, consisting of representatives of the operating 
organizations, will provide scientific oversight for the program. The 
RRMP anticipates a permit term of 5 years.
    The permit will authorize incidental take of CCC steelhead that may 
occur as a result of implementing the rescue, rearing, and research 
activities as detailed in the RRMP. Incidental take and associated 
effects to other ESA-listed steelhead and/or coho salmon that may occur 
as part of the emergency incubation and rearing component of the RRMP 
will be covered under existing 10(a)(1)(A) permits specific to 
individual hatchery management plans and will not be included in this 
permit.
    NMFS anticipates a low level of incidental take of CCC steelhead 
will occur over the term (as detailed in Appendix A of the RRMP). The 
risk of such incidental take will be further avoided or minimized 
through implementation of rescue and rearing performance standards 
outlined in Table 1 of the RRMP. Steelhead eggs and carcasses will 
provide food for multiple species inhabiting the Petaluma River system. 
If rescued fish survive at higher rates than non-rescued fish, the 
resulting adult production will increase steelhead abundance in the 
watershed and increase the food supply for other species dependent on 
this resource. There will be no ecological interactions as part of 
emergency incubation and rearing as fish will only be reared in the 
hatchery and then be transported back to source hatcheries where they 
will be released to previously identified waters. The benefits to ESA-
listed steelhead and coho salmon as a result of implementing the RRMP 
are expected to contribute to species recovery and outweigh any adverse 
effects.
    Upon approval of the RRMP, NMFS will issue a Section 10(a)(1)(A) 
Scientific Research and Enhancement Permit to the Applicant. This 
permit will authorize the Applicant to take CCC steelhead incidental to 
the implementation of the RRMP. In addition to meeting other criteria, 
actions to be performed under the permit must not jeopardize the 
existence of federally listed species.

National Environmental Policy Act

    Issuing an ESA section 10(a)(1)(A) permit constitutes a Federal 
action requiring NMFS to comply with the National Environmental Policy 
Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.) and NOAA Administrative 
Order (NAO) 216-6A,). NMFS will evaluate the application with respect 
to environmental consequences on the human environment and determine 
the level of NEPA analysis needed for this action.

Public Comments Solicited

    NMFS invites the public to comment, including any written data, 
views, or arguments, on the 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. 1539(c)), 50 
CFR 222.303. 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 application, associated documents, and 
comments submitted to determine whether the application meets 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 also meet other legal 
requirements prior to taking final action, including preparation of a 
biological opinion. NMFS will publish notice of its final action in the 
Federal Register.

    Dated: February 10, 2022.
Angela Somma,
Chief, Endangered Species Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2022-03293 Filed 2-15-22; 8:45 am]
BILLING CODE 3510-22-P