[Federal Register Volume 89, Number 102 (Friday, May 24, 2024)]
[Notices]
[Pages 45857-45858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11466]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD980]


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 California Department of Fish and Wildlife 
(CDFW) to enhance the propagation and survival of species listed under 
the Endangered Species Act (ESA) of 1973, for a 5-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 June 24, 2024.

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 Permit 
Number 28026 in the subject line of the fax or email).

FOR FURTHER INFORMATION CONTACT: Allison Bosworth, Sacramento, CA 
(Phone: 916-358-0117; Email: [email protected]).

SUPPLEMENTARY INFORMATION:

ESA-Listed Species Covered in This Notice

    Chinook salmon (Oncorhynchus tshawytscha): threatened, naturally 
produced and hatchery propagated Central Valley (CV) spring-run.

Permit Application Received

Permit 28026

    CDFW has applied for an enhancement of survival permit under 
section 10(a)(1)(A) of the ESA for a period of 5 years that would allow 
take of all life stages of CV spring-run Chinook salmon. CDFW proposes 
to begin testing and implementing reintroduction pilot work in North 
Yuba River and to build on existing knowledge from reintroduction 
efforts in other locations. A primary objective of the Proposed Project 
is that these collections do not have an adverse impact on the survival 
and recovery of the Evolutionarily Significant Unit (ESU) of Central 
Valley spring-run Chinook salmon and/or of the populations within each 
potential source stream. Spring-run Chinook salmon would be released to 
the Upper Yuba River designated as an experimental population under 
section 10(j) of the ESA.
    The final 10(j) and 4(d) rules were issued by NMFS in December 2022 
(87 FR 79808). The California Central Valley Salmon and Steelhead 
Recovery Plan (NMFS 2014) recognizes the value of establishing an Upper 
Yuba population and lists the implementation of a spring-run Chinook 
Salmon reintroduction strategy on the Upper Yuba River as a priority 
recovery action. In addition, the newly released California Salmon 
Strategy recognizes initiating a salmon reintroduction program in the 
Yuba River as a priority action to remove barriers and modernize 
infrastructure for salmon migration (Newsom 2024).
    This application includes: (1) the collection of spring-run Chinook 
salmon eggs from Feather River Fish Hatchery (FRFH) and incubation 
instream or adjacent to North Yuba River; (2) the release of spring-run 
Chinook salmon juveniles into the North Yuba River and transport to 
lower Yuba River below Englebright Dam above Daguerre Point Dam; (3) 
the collection of FRFH adults to release into North Yuba River above 
impassable barriers to spawn naturally; (4) the use of various types of 
tags, marking, and genetic sampling for the purpose of tracking and 
monitoring; (5) implementing surveys of holding adults; (6) 
implementing spawning and carcass surveys; and (7) installation of 
approved nets and traps to aid in population monitoring.

Authority

    Enhancement of survival 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; and (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

[[Page 45858]]

fully considered all relevant comments received. NMFS will publish 
notice of its final action in the Federal Register.

    Dated: May 20, 2024.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2024-11466 Filed 5-23-24; 8:45 am]
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