Endangered and Threatened Species; Take of Anadromous Fish, 35693-35695 [E7-12654]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 72, Number 125 (Friday, June 29, 2007)]
[Notices]
[Pages 35693-35695]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12654]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XB05


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 and request for comment.

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SUMMARY:  Notice is hereby given that NMFS has received updated Fishery 
Management and Evaluation Plans (FMEPs) from the Oregon Department of 
Fish and Wildlife (ODFW) pursuant to the protective regulations 
promulgated for Middle Columbia River (MCR) steelhead (Oncorhynchus 
mykiss) under the Endangered Species Act. The FMEPs, together with an 
FMEP submitted previously by the Washington Department of Fish and 
Wildlife (WDFW), specify the future management of inland recreational 
fisheries potentially affecting MCR steelhead. Notice is also hereby 
given that a draft Environmental Assessment (EA) for tributary 
fisheries affecting MCR steelhead in Oregon and Washington has been 
drafted by NMFS. The EA analyzes the impacts of NMFS' approval or 
disapproval of the proposed tributary fisheries for steelhead, trout, 
and other species in the MCR steelhead distinct population segment 
(DPS). This document serves to notify the public of the availability of 
the FMEPs and the EA for review and comment before final

[[Page 35694]]

approval or disapproval is made by NMFS.

DATES:  Written comments on the application and draft EA must be 
received at the appropriate address or fax number (see ADDRESSES) no 
later than 5 p.m. Pacific daylight time on July 30, 2007.

ADDRESSES:  Written comments on the application should be sent to Rich 
Turner, National Marine Fisheries Services, Salmon Recovery Division, 
1201 N.E. Lloyd Boulevard, Suite 1100, Portland, OR 97232. Comments may 
also be submitted by e-mail to: steelheadFMEP.nwr@noaa.gov. Include in 
the subject line of the e-mail comment the following identifier: 
Comments on the Middle Columbia steelhead FMEPs. Comments may also be 
sent via facsimile (fax) to (503) 872-2737. Requests for copies of the 
permit application should be directed to the National Marine Fisheries 
Services, Salmon Recovery Division, 1201 N.E. Lloyd Boulevard, Suite 
1100, Portland, OR 97232. The documents are also available on the 
Internet at www.nwr.noaa.gov. Comments received will also be available 
for public inspection, by appointment, during normal business hours by 
calling (503) 230-5418.

FOR FURTHER INFORMATION CONTACT: Rich Turner at (503) 736-4737 or e-
mail: rich.turner@noaa.gov.

SUPPLEMENTARY INFORMATION: This notice is relevant to the following 
species and distinct population segments (DPSs):
    Steelhead (Oncorhynchus mykiss): threatened, Middle Columbia River.

Background

    Section 9 of the ESA and Federal regulations prohibit the 
``taking'' of a species listed as endangered or threatened. The term 
``take'' is defined under the ESA to mean harass, harm, pursue, hunt, 
shoot, wound, kill, trap, capture, or collect, or to attempt to engage 
in any such conduct. As specified in the July 10, 2000, ESA 4(d) rule 
for salmon and steelhead (65 FR 42422), as updated in 71 FR 834, 
January 5, 2006, NMFS may approve an FMEP if it meets criteria set 
forth in 50 CFR 223.203(b)(4)(i)(A) through (I), thereby limiting the 
application of take prohibitions to actions described in that FMEP. 
Prior to final approval of an FMEP, NMFS must publish notification 
announcing its availability for public review and comment.
    The ODFW had previously submitted FMEPs to NMFS for fisheries in 
the Middle Columbia region, and those FMEPs were made available for 
public review on May 4, 2001 (66 FR 22532). Due to comments received 
regarding a proposed consumptive fishery on natural-origin steelhead in 
the John Day River basin and concerns with the critical and viable 
abundance thresholds proposed within the ODFW FMEPs, the FMEPs were not 
approved by NMFS. To address these concerns, the FMEPs were updated and 
resubmitted to NMFS for approval in 2005. The FMEPs submitted to NMFS 
by the ODFW include plans addressing recreational fisheries in the 
Deschutes River basin, the Umatilla River basin, the John Day River 
basin, and the Walla Walla River basin in Oregon. These FMEPs include 
fisheries occurring in all Oregon tributaries to the Middle Columbia 
River from Chenoweth Creek upstream to and including the Oregon portion 
of the Walla Walla River. The WDFW submitted an FMEP to NMFS in 2003 
that was made available for public comment on July 1, 2003 (68 FR 
39066). This FMEP covers steelhead, trout, and warmwater fisheries in 
Washington tributaries to the Middle Columbia River from the Klickitat 
River upstream to the Yakima and Walla Walla rivers, excluding the 
Snake River.
    The objective of the fisheries described in the five FMEPs is to 
harvest known hatchery-origin summer steelhead and other fish species 
in a manner that does not appreciably reduce the survival and recovery 
of the listed MCR steelhead DPS. All fisheries included in these FMEPs 
will be managed such that only hatchery-origin steelhead that are 
adipose fin clipped may be retained. Impact levels on listed MCR 
steelhead are specified in all five FMEPs. Population viability 
analysis and risk assessments in the FMEPs indicate that the extinction 
risk for listed steelhead would not increase appreciably as a result of 
the proposed fishery impact levels. A variety of monitoring and 
evaluation tasks are specified in the FMEPs to assess the abundance of 
steelhead, determine fishery effort and catch of steelhead, and monitor 
angler compliance. A review of compliance with the provisions of the 
FMEPs will be conducted by the state fisheries agencies annually and a 
comprehensive review to evaluate the effectiveness of the FMEPs will 
occur at a minimum every 5 years.
    As specified in the July 10, 2000 ESA 4(d) rule for salmon and 
steelhead (65 FR 42422) as updated on January 5, 2006 (71 FR 834), NMFS 
may approve an FMEP if it meets criteria set forth in 50 CFR 
223.203(b)(4)(i)(A) through (I). Prior to final approval of an FMEP, 
NMFS must publish notification announcing its availability for public 
review and comment.
    The draft EA analyzes impacts of NMFS' approval or disapproval of 
the four FMEPs re-submitted by ODFW listed above, and the FMEP for the 
Middle Columbia region submitted to NMFS by the WDFW.
    The National Environmental Policy Act (NEPA) requires that Federal 
agencies conduct and environmental analysis of their actions to 
determine if the actions may affect the human environment. Accordingly, 
NMFS has prepared a draft EA that analyzes the impacts of the approval 
or disapproval of the six FMEPs, and is making it available for public 
review and comment. The draft EA analyzes two alternatives: (1) No 
Action (NMFS does not approve the FMEPs as qualifying for limitation on 
take prohibitions under the ESA 4(d) rule); and (2) the Proposed Action 
Alternative (NMFS's approval of the FMEPs pursuant to Limit 4 of the 
ESA 4(d) rule).
    NEPA requires Federal agencies to conduct an environmental analysis 
of their proposed actions to determine if the actions may affect the 
human environment. NMFS expects to take action on the five submittals 
from the ODFW and WDFW. Therefore, NMFS is seeking public input on the 
scope of the required NEPA analysis, including the range of reasonable 
alternatives and associated impacts of any alternatives.
    This notice is provided pursuant to the NEPA regulations (40 CFR 
1506.6). The final NEPA determination will not be completed until after 
the end of the 30-day comment period and after NMFS has fully 
considered all comments received during the public comment period.

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 71 FR 
834, January 5, 2006) specifies categories of activities that 
contribute to the conservation of listed salmonids and sets out the 
criteria for such activities.
    The rule further provides that the prohibitions of paragraph (a) of 
the rule do not apply to activities associated with fishery harvest 
provided that an FMEP has been approved by NMFS to be in accordance 
with the salmon and steelhead 4(d) rule.
    NEPA authorization: 16 U.S.C. 1531 et seq.


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    Dated: June 25, 2007.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. E7-12654 Filed 6-28-07; 8:45 am]
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