Endangered and Threatened Species; Take of Anadromous Fish, 26374-26375 [E8-10390]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 73, Number 91 (Friday, May 9, 2008)]
[Notices]
[Pages 26374-26375]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-10390]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XH74


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 an application 
from the Washington Department of Fish and Wildlife (WDFW) for an 
incidental take permit pursuant to the Endangered Species Act of 1973, 
as amended (ESA). This document serves to notify the public of the 
availability for comment of a revised draft environmental assessment 
(EA) before a final decision on whether to issue a Finding of No 
Significant Impact and the permit is made by NMFS. The draft EA is 
revised to reflect a permit extension from five years to ten years. All 
comments received will become part of the public record and will be 
available for review pursuant to section 10(c) of the ESA.

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 time on May 23, 2008.

ADDRESSES: Written comments on the application should be sent to 
Kristine Petersen, Salmon Recovery Division, 1201 N.E. Lloyd Boulevard, 
Suite 1100, Portland, OR 97232. Comments may also be submitted by e-
mail to: UCRFisheriesEA.nwr@noaa.gov. Include in the subject line of 
the e-mail comment the following identifier: Comments on UCR 
recreational fisheries. Comments may also be sent via facsimile (fax) 
to (503) 872-2737. Requests for copies of the permit application should 
be directed to the Salmon Recovery Division, 1201 NE 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) 230-5409.

FOR FURTHER INFORMATION CONTACT: Kristine Petersen at (503) 230-5409.

SUPPLEMENTARY INFORMATION: This notice is relevant to the following 
species and evolutionarily significant

[[Page 26375]]

units (ESUs) or distinct population segments (DPSs):
    Steelhead (Oncorhynchus mykiss): endangered, naturally produced and 
artificially propagated Upper Columbia River (UCR) and threatened 
Middle Columbia River.
    Chinook salmon (O. tshawytscha): endangered Upper Columbia River 
spring-run and threatened Snake River fall-run.

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. NMFS may issue permits to non-Federal entities to 
take ESA-listed species if such taking is incidental to, and not the 
purpose of, carrying out an otherwise lawful activity, under section 
10(a)(1)(B) of the ESA. NMFS regulations governing permits for 
threatened and endangered species are promulgated at 50 CFR 222.307.
    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 an ESA section 
10(a)(1)(B) submittal received from the WDFW and is seeking public 
input to extend the WDFW's permit term from five years to ten years.
    On September 12, 2005, the WDFW submitted an application to NMFS 
for an ESA section 10(a)(1)(B) permit for incidental take of ESA-listed 
anadromous fish species associated with recreational fishery programs 
in the upper Columbia River and its tributaries for a five-year period 
(70 FR 71087). On September 12, 2007, the draft NEPA analysis of the 
action was made available for public comment (72 FR 52085). All 
comments were subsequently addressed, and no comments were received 
regarding the permit term. However, a final EA and final ESA 
determination were not prepared because, since the draft EA public 
comment period, NMFS has determined that issuing the proposed permit 
for ten years, rather than five years, is reasonable. NMFS believes 
that these fisheries pose a low risk of deviating from the assessed 
impacts over time. Permit 1554 as proposed, and as previously 
described, would maintain or strengthen monitoring and compliance 
enforcement activities and, therefore, the level of confidence in the 
effects analysis and the impacts. Additionally, permit 1554 would 
include an annual reporting requirement and identify an annual renewal 
process. If impacts exceed the authorized take or new information on 
the impacts of the activities arises, NMFS could re-initiate 
consultation. The proposed fisheries would target non-listed anadromous 
salmon and steelhead and resident game fish species. No fisheries that 
would target listed species are proposed. Implementation of these 
fisheries would allow fishing for recreational purposes and would 
provide economic opportunities for local communities through the sale 
of licenses and equipment, and the conduct of other business and 
services related to recreational fisheries.
    This notice is provided pursuant to section 10(c) of the ESA. NMFS 
requests comments on the ten-year permit period and will evaluate 
comments submitted to determine whether the application meets the 
requirements of section 10(a)(1)(A) of the ESA. If it is determined 
that the requirements are met, a final EA and Finding of No Significant 
Impact will be prepared, and a permit will be issued to the WDFW for 
the purpose of carrying out the fisheries management activities. NMFS 
will publish a record of its final action in the Federal Register.

    Dated: May 6, 2008.
Marta Nammack,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. E8-10390 Filed 5-8-08; 8:45 am]
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