Endangered and Threatened Species; Take of Anadromous Fish, 37838-37841 [2019-16469]
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FOR FURTHER INFORMATION CONTACT:
Michael Milstein, NMFS West Coast
Region, 1201 NE Lloyd Blvd., Suite
1100, Portland, OR 97232–1274; 503–
231–6268.
SUPPLEMENTARY INFORMATION: On
February 14, 2005, NMFS received a
request from the Makah Indian Tribe for
a waiver of the MMPA moratorium on
the take of marine mammals to allow for
take of ENP gray whales (Eschrichtius
robustus). The Tribe requested that
NMFS authorize a tribal hunt for ENP
gray whales in the coastal portion of the
Tribe’s usual and accustomed fishing
area for ceremonial and subsistence
purposes and the making and sale of
handicrafts. The MMPA imposes a
general moratorium on the taking of
marine mammals but authorizes the
Secretary of Commerce to waive the
moratorium and issue regulations
governing the take if certain statutory
criteria are met.
On April 5, 2019, NMFS published a
Notice of Hearing and the associated
proposed regulations in the Federal
Register (84 FR 13639 and 84 FR
13604). Pursuant to an interagency
agreement, a Coast Guard
Administrative Law Judge was assigned
to conduct the formal hearing and issue
a recommended decision in this matter
under the procedures set forth at 50 CFR
part 228.
A prehearing conference took place
on June 17, 2019 at the Jackson Federal
Building, Seattle, WA. In compliance
with 50 CFR 228.12, Judge George J.
Jordan issued a notice of final agenda
for publication in the Federal Register
(June 26, 2019; 84 FR 30088). The final
agenda set out the issues of fact for the
hearing and identified one new issue of
fact which had not previously been
included in the notice of hearing (April
5, 2019; 84 FR 13639).
At the prehearing conference, several
parties requested a change in the date of
the proceeding due to issues concerning
the availability of witnesses and
counsel. The presiding officer ordered a
briefing on this issue and, after
thoroughly considering all the parties’
arguments, determined a continuance
was warranted. After consulting with
the parties during a second prehearing
conference on July 23, 2019, the
presiding officer set the hearing to begin
on Thursday, November 14, 2019 at 1:00
p.m.
The presiding officer, Administrative
Law Judge George J. Jordan, prepared
the contents of this notice. A copy of the
draft notice Judge Jordan submitted to
the NMFS Regulations Unit for filing
with the Office of the Federal Register
(OFR) was made available to all parties
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to this proceeding. The NMFS
Regulations Unit reviewed the notice to
ensure consistency with the OFR filing
requirements. NMFS was otherwise not
involved in the review of the contents
of the notice. The signature of NMFS
West Coast Regional Administrator
Barry Thom is required to authorize the
filing of the notice with the OFR.
Dated: July 30, 2019.
Barry A. Thom,
Regional Administrator, West Coast Region,
National Marine Fisheries Service.
[FR Doc. 2019–16559 Filed 8–1–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XR028
Endangered and Threatened Species;
Take of Anadromous Fish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability;
Applications for seven new scientific
research permits, three permit renewals,
and one permit modification.
AGENCY:
Notice is hereby given that
NMFS has received 11 scientific
research permit application requests
relating to Pacific salmon and steelhead,
rockfish, and eulachon. The proposed
research is intended to increase
knowledge of species listed under the
Endangered Species Act (ESA) and to
help guide management and
conservation efforts. The applications
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 applications must
be received at the appropriate address or
fax number (see ADDRESSES) no later
than 5p.m. Pacific standard time on
September 3, 2019.
ADDRESSES: Written comments on the
applications should be sent to the
Protected Resources Division, NMFS,
1201 NE Lloyd Blvd., Suite 1100,
Portland, OR 97232–1274. Comments
may also be sent via fax to 503–230–
5441 or by email to nmfs.wcr-apps@
noaa.gov (include the permit number in
the subject line of the fax or email).
FOR FURTHER INFORMATION CONTACT: Rob
Clapp, Portland, OR (ph.: 503–231–
2314), Fax: 503–230–5441, email:
Robert.Clapp@noaa.gov). Permit
application instructions are available
SUMMARY:
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from the address above, or online at
https://apps.nmfs.noaa.gov.
SUPPLEMENTARY INFORMATION:
Species Covered in This Notice
Chinook salmon (Oncorhynchus
tshawytscha): Threatened Puget Sound
(PS); threatened lower Columbia River
(LCR); threatened Upper Willamette
River (UWR); endangered upper
Columbia River (UCR); threatened
Snake River (SR) spring/summer (spr/
sum); threatened SR fall.
Steelhead (O. mykiss): Threatened PS;
threatened UCR; threatened middle
Columbia River (MCR); threatened SR,
threatened LCR; threatened UWR;
threatened Central California Coast
(CCC); South-Central California Coast
(SCCC).
Coho salmon (O. kisutch): Threatened
Oregon Coast (OC); threatened LCR,
endangered Central California Coast
(CCC).
Sockeye salmon (O. nerka):
Endangered SR.
Chum salmon (O. keta): Threatened
Hood Canal Summer-run (HCS);
threatened Columbia River (CR).
Eulachon (Thaleichthys pacificus):
Threatened southern (S).
Rockfish (Sebastes spp.): Endangered
Puget Sound/Georgia Basin (PS/GB)
bocaccio (Sebastes paucispinis);
threatened PS/GB yelloweye rockfish (S.
ruberrimus).
Authority
Scientific research 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 222–226).
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; and (3) are consistent
with the purposes and policy of section
2 of the ESA. 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.
Applications Received
Permit 1560–5R
The United States Geological Survey
(USGS) is seeking to renew for five years
a permit that allows them to annually
take juvenile and adult LCR Chinook
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and coho, CR chum, and MCR steelhead
while conducting research designed to
(1) determine the diversity and
distribution of fish species in the White
Salmon River (Washington State) and its
tributaries, (2) compare populations of
salmonids in the White Salmon and
tributaries to pre-dam removal levels,
(3) contribute to complimentary efforts
by the Washington Department of Fish
and Wildlife to characterize life history,
genetics, and fish health of Chinook
stocks in the lower White Salmon River.
The study would benefit listed
salmonids by providing information on
the effects dam removal may have on
important fish species such as Chinook,
coho, steelhead, Pacific lamprey, bull
trout, and sea-run cutthroat trout.
The USGS would capture fish by
using a screw trap, backpack
electrofishing equipment, and fyke and
minnow traps. Captured fish would be
anesthetized, measured, weighed, and
externally inspected for diseases.
Researchers would take fin clips of
some captured fish in order to collect
genetic tissues. Some juvenile fish
would be tagged with passive integrated
transponders (PIT) to determine smolt
trap efficiency and provide life history
information through recaptures and
detections at Bonneville Dam as
juveniles or adults. The researchers
would avoid adult salmonids, but some
may be encountered. The researchers do
not expect to kill any listed salmonids
but a small number may die as an
unintended result of the research
activities.
Permit 16298–4R
The Shoshone-Bannock Tribes (SBT)
are seeking to renew for five years a
permit that has been in place since
2011. Under the renewed permit, they
would annually take juvenile and adult
SR spr/sum Chinook and SR steelhead
in Bear Valley Creek, Idaho. The
purpose of the research is to estimate
fish abundance, smolt-to-adult return
rates, and adult productivity in Bear
Valley Creek with a high degree of
accuracy. The researchers are seeking to
generate information that may be used
widely throughout the Salmon River
subbasin. This monitoring project was
recommended as part of a larger
monitoring effort that developed
through the Columbia Basin
Coordinated Anadromous Monitoring
Workshop. The work would benefit fish
by giving managers key information
about population status in the Salmon
River subbasin which, in turn, would be
used to inform recovery plans and landmanagement activities. The SBT would
count and monitor adult spr/sum
Chinook at a video station, and they
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would handle, measure, tag, and tissue
sample juvenile SR spr/sum Chinook
and steelhead at a screw trap. They
would also do some harvest monitoring
(creel surveys) and spawning ground
surveys. The researchers do not intend
to kill any listed salmonids, but a small
number may die as an unintended result
of the activities. In addition to this
permit, the U.S. Forest Service would
issue a special use permit for the SBT
to conduct the work.
Permit 19263–2R
The Idaho Department of Fish and
Game (IDFG) is seeking to renew a fiveyear permit to take juvenile SR
steelhead, sockeye, and spr/sum
Chinook during the course of three
research tasks in the upper Salmon
River of Idaho State. They would (a)
conduct a general fish population
inventory, (b) monitor fish population
responses to habitat improvement and
restoration activities, and (c) document
juvenile Chinook salmon rearing and
winter habitat use in the Salmon River.
The researchers would use drift boat
and raft-mounted electrofishing gear to
capture fish and estimate trout
abundances in up to five monitoring
reaches of the Salmon River during the
fall.
Captured fish would be identified by
species, measured (total length & fork
length), and weighed to the nearest
gram. During marking runs, captured
target species (rainbow trout, westslope
cutthroat trout, bull trout, and mountain
whitefish) would be marked with a hole
punch in the caudal fin. Any juvenile
Chinook salmon the researchers
encounter would be identified,
measured (fork length), weighed, and
examined for tags/marks. Unmarked
juvenile Chinook salmon would be
implanted with PIT tags. Some captured
fish may be anesthetized to minimize
stress. In all cases, adult salmonids
would be avoided and none would be
captured. To help with this, the
researchers would operate at times and
in locations where no adults are likely
to be present. The research activities
would benefit the fish by providing
information on a suite of factors—
population abundance and response to
restoration actions, predator and
competitor abundance and interactions,
and life history and behavior
characteristics—all of which would be
used to inform management, restoration,
and recovery decisions in the Salmon
River. The researchers do not intend to
kill any fish, but a small number may
die as a consequence of the planned
activities.
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Permit 16318–3M
Hagar Environmental Science (HES) is
seeking to modify a five-year permit that
currently allows them to take juvenile
and smolt CCC coho salmon, CCC
steelhead, and SCCC steelhead in the
San Lorenzo River (including Newell
Creek, Zayante Creek, and Mountain
Charlie Creek), Liddell Creek, Laguna
Creek, and Majors Creek in Santa Cruz
County, and in the Salinas River
(including Arroyo Seco River,
Nacimiento River, San Antonio River,
and upper tributaries) in Monterey and
San Luis Obispo Counties, CA. The
research is designed to (1) provide ESAlisted salmonid population,
distribution, and habitat assessment
data to inform watershed management,
and (2) establish baseline population
abundances preceding the
implementation of habitat conservation
measures. The researchers propose to
capture fish with beach seines and
backpack electrofishing. Fish would be
enumerated, measured, and observed for
external condition. A subset of the
captured fish would be anesthetized,
measured, weighed, PIT-tagged, have a
tissue sample taken, allowed to recover,
and released. The researchers would
also observe fish during snorkel/dive
surveys. The researchers do not intend
to kill any listed fish, but some may die
as an inadvertent result of the research.
This modification is being requested to
increase the number of juvenile CCC
steelhead allowed under the permit
because, in previous years, the
researchers encountered greater
numbers of CCC steelhead than were
originally expected.
Permit 22319
Herrera Environmental Consultants
(HEC) is seeking a five-year research
permit to annually take juvenile PS
Chinook salmon and PS steelhead while
conducting a study in streams near
Redmond, Washington. The purpose of
the research is to conduct a paired
watershed study monitoring stream
health by collecting benthic
macroinvertebrates in urban and nearby
relatively pristine streams. Due to the
collection methods, there is a possibility
of capturing juvenile salmonids. The
research would benefit listed fish by
determining the effectiveness of
stormwater management in urban
streams which can lead directly to water
quality and habitat improvement. The
HEC proposes capturing fish using a Dframe kick net. Any fish captured would
be identified to species and released.
The researchers do not intend to kill any
of the fish being captured, but a small
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number may die as an unintended
consequence of the proposed activities.
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Permit 22596
The United States Geological Survey
(USGS) is seeking a five-year research
permit to annually take juvenile and
adult OC coho salmon downstream of
Lake Creek Falls in Lane Creek in the
Siuslaw River watershed (Lane County,
OR). The purpose of the research is to
evaluate timing, duration, and
probability of successful passage
through the fish passage structures over
Lake Creek Falls. The research would
benefit the recovery of the OC coho
salmon in this basin by providing
information to help guide decisions
regarding the need to either maintain or
modify passage structures at Lake Creek
Falls which allows for access to high
quality, upstream spawning habitat in
Lake Creek. The USGS proposes
capturing fish using hook-and-line
angling, beach seines, and net traps.
Adult coho salmon would be captured,
anesthetized with MS–222, gastrically
implanted with an internal radiotelemetry tag, allowed to recover, and
released. Fish would be tracked on at
least a daily basis. All other captured
fish would be identified to species and
released. The USGS does not intend to
kill any of the fish being captured, but
a small number may die as an
unintended consequence of the
proposed activities.
Permit 22865
The United States Forest Service
(USFS) is seeking a five-year permit that
would allow them to annually take
juvenile endangered UCR Chinook
salmon, juvenile threatened UCR
steelhead, and juvenile threatened MCR
steelhead during research activities
taking place at various points in the
Yakima, Methow, Entiat, and
Wenatchee River drainages in
Washington State. The USFS conducted
has previously conducted this research
under another permit (1422), but that
permit was allowed to expire and they
are seeking to start again. Under the new
permit, the fish would be captured
(using minnow traps, hook-and-line
angling, and electrofishing equipment),
identified, and immediately released.
The purpose of the research is to
determine fish distribution in the
subbasins listed above. The research
would benefit the fish by giving land
managers information they need in
order to design forest management
activities (e.g., timber sales, grazing
plans, road building) so that they have
the least possible effect on listed
species. The USFS does not intend to
kill any of the listed fish being captured,
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but a small number may die as an
unintended result of the research
activities.
Permit 22929
The USFS is seeking a five-year
research permit to annually take
juvenile and adult UWR Chinook
salmon in the South Fork McKenzie
River (Lane County, OR). The purposes
of the study is to determine how food
webs change through time following
Stage-0 stream restoration by
quantifying (1) the secondary
production of aquatic invertebrates, (2)
the proportion of different food items in
fish and invertebrate diets, and (3) the
food web pathways that support fish.
Stage-0 restoration restores fluvial
processes at the valley scale, and then
letting the river valley shape itself in
response to environmental and
biological drivers. Stage-0 restoration
has now been implemented at 20 sites
in Oregon. The research would benefit
the affected species by determining if
this type of stream and habitat
restoration is beneficial to listed salmon
by comparing these stage-0 sites to
control sites. The USFS proposes to
capture fish using backpack
electrofishing equipment, beach seines,
minnow traps, and hook and line
angling. Any adult Chinook salmon
would be immediately released. All
other fish would be moved to an aerated
bucket, anesthetized with AQUI–S,
identified to species, measured for
length, and weighed. Annually, up to
120 juvenile Chinook salmon would
undergo gastric lavage for diet analysis
and be fin clipped (caudal) for isotope
analysis. After handling, fish would be
placed in a recovery bucket and released
when ready. The USFS does not intend
to kill any of the fish being captured,
but a small number may die as an
unintended consequence of the
proposed activities.
Permit 22944
The Northwest Fisheries Science
Center (NWFSC) is seeking a five-year
permit that would allow it to annually
take listed salmonids while collecting
data from a suite of reference sites in the
Lower Columbia River. The NWFSC is
requesting to take SR spring/summer
Chinook salmon, SR fall Chinook
salmon, SR sockeye, SR steelhead, UCR
Chinook salmon, UCR steelhead, MCR
steelhead, LCR Chinook salmon, LCR
coho salmon, LCR steelhead, UWR
Chinook salmon, UWR steelhead, and
CR chum salmon. The purposes of the
study are to (1) document patterns of
habitat occurrence in juvenile salmon
stocks in tidal freshwater habitats in the
Columbia River below Bonneville Dam,
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(2) collect salmon data on diets and prey
availability; (3) collect information on
indicators of salmon health and growth;
and (4) monitor effectiveness of
salmonid habitat restoration activities.
The study would benefit listed fish by
providing information on how habitat
degradation may be affecting listed
stocks, and helping managers take steps
to improve habitat quality. The NWFSC
would use beach- and pole seines to
collect the fish. Most of the collected
juveniles would be identified, counted,
weighed, measured, and checked for
tags and fin clips. A subset of salmon
species may be selected for non-lethal
tissue take for genetics analysis. A
further subset of Chinook salmon would
be sacrificed to determine lipid content
and collect otoliths (for health and
growth assessment), collect stomach
contents for diet analyses, and collect
tissue samples for genetic stock
identification. The great majority of the
captured fish are expected to be released
unharmed.
Permit 22998
The United States Fish and Wildlife
Service (FWS) is seeking a two-year
research permit to annually take
juvenile and adult PS Chinook salmon,
HCS chum salmon, and PS steelhead in
streams and waterbodies on the Kitsap
Peninsula (Kitsap County, WA). The
purpose of the study is to determine if
ESA-listed salmonids are present which
would help guide future land use
management and fulfill requirements in
the Navy Base Kitsap’s Natural Resource
Management Plan. This research would
benefit the affected species by helping
guide habitat restoration and providing
baseline information on species
distribution. Currently, there is no
information about the distribution of
ESA-listed salmonids on Navy Base
Kitsap lands. The FWS proposes to
capture fish using backpack
electrofishing equipment, beach seines,
and dip nets. For electrofishing, fish
would be anesthetized (MS–222),
identified to species, measured for
length, weighed, and released after
recovery. For beach seines and dip
netting, captured fish would be
identified to species and released.
Snorkel and spawner surveys would
also be conducted. The FWS does not
intend to kill any of the fish being
captured, but a small number may die
as an unintended consequence of the
proposed activities.
Permit 23029
The NWFSC is seeking a two-year
research permit to annually take
juvenile and adult PS Chinook salmon
and juvenile PS steelhead and PS/GB
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bocaccio in multiple Puget Sound river
estuaries and bays (Washington State).
The NWFSC research may also cause
them to take juvenile PS/GB yelloweye
rockfish and adult and juvenile S
eulachon—species for which there are
currently no ESA take prohibitions. The
primary study site would be the lower
Duwamish River while secondary Puget
Sound reference sites would include
(but are not exclusive to) the Skagit,
Stillaguamish, Puyallup, Nisqually,
Snohomish, and Deschutes river
estuaries and associated bays.
The purpose of the study is to collect
juvenile English sole (Parophrys
vetulus) to determine contaminant
exposure and the impacts from these
contaminants upon the species. Due to
their benthic life history and relatively
protracted residency in shallow
estuarine habitats, juvenile English sole
serve well as an indicator species for
environmental contaminant exposure.
This research would benefit the affected
species by identifying the
environmental contaminants present
that can impact the ESA-listed species,
their prey, and their habitat. The
NWFSC proposes to capture fish using
a beach seine and an otter trawl.
Juvenile English sole would be bagged
and frozen for whole body and
contaminant analyses (i.e., otoliths,
stomach contents, and livers). All other
species, including ESA-listed species,
would be identified to species, checked
for tags and fin clips, and immediately
released. The NWFSC does not intend to
kill any of the fish being captured, but
a small number may die as an
unintended consequence of the
proposed activities.
This notice is provided pursuant to
section 10(c) of the ESA. NMFS will
evaluate the applications, associated
documents, and comments submitted to
determine whether the applications
meet the requirements of section 10(a)
of the ESA and Federal regulations. The
final permit decisions will not be made
until after the end of the 30-day
comment period. NMFS will publish
notice of its final action in the Federal
Register.
Dated: July 29, 2019.
Angela Somma,
Chief, Endangered Species Conservation
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2019–16469 Filed 8–1–19; 8:45 am]
BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG956
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the South Quay
Wall Recapitalization Project, Mayport,
Florida
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of incidental
harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that NMFS has issued an incidental
harassment authorization (IHA) to the
Naval Facilities Engineering Command
Southeast and Naval Facilities
Engineering Command Atlantic (the
Navy) to incidentally harass, by Level B
harassment only, marine mammals
during construction activities associated
with the South Quay Wall
Recapitalization Project at Naval Station
Mayport (NAVSTA), Jacksonville,
Florida.
SUMMARY:
This Authorization is effective
from February 15, 2020, through
February 14, 2021.
FOR FURTHER INFORMATION CONTACT:
Jaclyn Daly, Office of Protected
Resources, NMFS, (301) 427–8401.
Electronic copies of the application and
supporting documents, as well as a list
of the references cited in this document,
may be obtained online at: https://
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act. In case
of problems accessing these documents,
please call the contact listed above.
SUPPLEMENTARY INFORMATION:
DATES:
Background
The MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and
(D) of the MMPA (16 U.S.C. 1361 et
seq.) direct the Secretary of Commerce
(as delegated to NMFS) to allow, upon
request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
issued or, if the taking is limited to
harassment, a notice of a incidental take
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authorization may be provided to the
public for review.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s) and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses (where
relevant). Further, NMFS must prescribe
the permissible methods of taking and
other ‘‘means of effecting the least
practicable adverse impact’’ on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance, and on the
availability of such species or stocks for
taking for certain subsistence uses
(referred to in shorthand as
‘‘mitigation’’); and requirements
pertaining to the mitigation, monitoring
and reporting of such takings are set
forth.
The NDAA (Pub. L. 108–136)
removed the ‘‘small numbers’’ and
‘‘specified geographical region’’
limitations indicated above and
amended the definition of ‘‘harassment’’
as it applies to a ‘‘military readiness
activity.’’ The definitions of all
applicable MMPA statutory terms cited
above are included in the relevant
sections below.
Summary of Request
On December 4, 2018, NMFS received
a request from the Navy for an IHA to
take marine mammals incidental to pile
driving at the South Quay wall,
NAVSTA Mayport, Florida. The
application was deemed adequate and
complete on April 16, 2019. The Navy’s
request is for take of a small number of
bottlenose dolphins, by Level B
harassment only. Neither the Navy nor
NMFS expect serious injury or mortality
to result from this activity and,
therefore, an IHA is appropriate.
NMFS previously issued several IHAs
to the Navy for similar work at NAVSTA
Mayport, specifically at Bravo Wharf (81
FR 52637, August 9, 2018; 83 FR 9287,
March 5, 2019) and Wharf C–2 (78 FR
71566, November 29, 2013; 80 FR
55598, September 16, 2015). The Navy
complied with all the requirements (e.g.,
mitigation, monitoring, and reporting) of
the previous IHAs and information
regarding their monitoring results may
be found at https://
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act.
Description of the Activity
The Navy proposes to install 240 24inch (in) steel sheet piles within 5 feet
(ft) of the existing South Quay bulkhead
E:\FR\FM\02AUN1.SGM
02AUN1
]]>Agencies
[Federal Register Volume 84, Number 149 (Friday, August 2, 2019)]
[Notices]
[Pages 37838-37841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16469]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XR028
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; Applications for seven new scientific
research permits, three permit renewals, and one permit modification.
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SUMMARY: Notice is hereby given that NMFS has received 11 scientific
research permit application requests relating to Pacific salmon and
steelhead, rockfish, and eulachon. The proposed research is intended to
increase knowledge of species listed under the Endangered Species Act
(ESA) and to help guide management and conservation efforts. The
applications 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 applications
must be received at the appropriate address or fax number (see
ADDRESSES) no later than 5p.m. Pacific standard time on September 3,
2019.
ADDRESSES: Written comments on the applications should be sent to the
Protected Resources Division, NMFS, 1201 NE Lloyd Blvd., Suite 1100,
Portland, OR 97232-1274. Comments may also be sent via fax to 503-230-
5441 or by email to [email protected] (include the permit number
in the subject line of the fax or email).
FOR FURTHER INFORMATION CONTACT: Rob Clapp, Portland, OR (ph.: 503-231-
2314), Fax: 503-230-5441, email: [email protected]). Permit
application instructions are available from the address above, or
online at https://apps.nmfs.noaa.gov.
SUPPLEMENTARY INFORMATION:
Species Covered in This Notice
Chinook salmon (Oncorhynchus tshawytscha): Threatened Puget Sound
(PS); threatened lower Columbia River (LCR); threatened Upper
Willamette River (UWR); endangered upper Columbia River (UCR);
threatened Snake River (SR) spring/summer (spr/sum); threatened SR
fall.
Steelhead (O. mykiss): Threatened PS; threatened UCR; threatened
middle Columbia River (MCR); threatened SR, threatened LCR; threatened
UWR; threatened Central California Coast (CCC); South-Central
California Coast (SCCC).
Coho salmon (O. kisutch): Threatened Oregon Coast (OC); threatened
LCR, endangered Central California Coast (CCC).
Sockeye salmon (O. nerka): Endangered SR.
Chum salmon (O. keta): Threatened Hood Canal Summer-run (HCS);
threatened Columbia River (CR).
Eulachon (Thaleichthys pacificus): Threatened southern (S).
Rockfish (Sebastes spp.): Endangered Puget Sound/Georgia Basin (PS/
GB) bocaccio (Sebastes paucispinis); threatened PS/GB yelloweye
rockfish (S. ruberrimus).
Authority
Scientific research 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 222-226). 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;
and (3) are consistent with the purposes and policy of section 2 of the
ESA. 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.
Applications Received
Permit 1560-5R
The United States Geological Survey (USGS) is seeking to renew for
five years a permit that allows them to annually take juvenile and
adult LCR Chinook
[[Page 37839]]
and coho, CR chum, and MCR steelhead while conducting research designed
to (1) determine the diversity and distribution of fish species in the
White Salmon River (Washington State) and its tributaries, (2) compare
populations of salmonids in the White Salmon and tributaries to pre-dam
removal levels, (3) contribute to complimentary efforts by the
Washington Department of Fish and Wildlife to characterize life
history, genetics, and fish health of Chinook stocks in the lower White
Salmon River. The study would benefit listed salmonids by providing
information on the effects dam removal may have on important fish
species such as Chinook, coho, steelhead, Pacific lamprey, bull trout,
and sea-run cutthroat trout.
The USGS would capture fish by using a screw trap, backpack
electrofishing equipment, and fyke and minnow traps. Captured fish
would be anesthetized, measured, weighed, and externally inspected for
diseases. Researchers would take fin clips of some captured fish in
order to collect genetic tissues. Some juvenile fish would be tagged
with passive integrated transponders (PIT) to determine smolt trap
efficiency and provide life history information through recaptures and
detections at Bonneville Dam as juveniles or adults. The researchers
would avoid adult salmonids, but some may be encountered. The
researchers do not expect to kill any listed salmonids but a small
number may die as an unintended result of the research activities.
Permit 16298-4R
The Shoshone-Bannock Tribes (SBT) are seeking to renew for five
years a permit that has been in place since 2011. Under the renewed
permit, they would annually take juvenile and adult SR spr/sum Chinook
and SR steelhead in Bear Valley Creek, Idaho. The purpose of the
research is to estimate fish abundance, smolt-to-adult return rates,
and adult productivity in Bear Valley Creek with a high degree of
accuracy. The researchers are seeking to generate information that may
be used widely throughout the Salmon River subbasin. This monitoring
project was recommended as part of a larger monitoring effort that
developed through the Columbia Basin Coordinated Anadromous Monitoring
Workshop. The work would benefit fish by giving managers key
information about population status in the Salmon River subbasin which,
in turn, would be used to inform recovery plans and land-management
activities. The SBT would count and monitor adult spr/sum Chinook at a
video station, and they would handle, measure, tag, and tissue sample
juvenile SR spr/sum Chinook and steelhead at a screw trap. They would
also do some harvest monitoring (creel surveys) and spawning ground
surveys. The researchers do not intend to kill any listed salmonids,
but a small number may die as an unintended result of the activities.
In addition to this permit, the U.S. Forest Service would issue a
special use permit for the SBT to conduct the work.
Permit 19263-2R
The Idaho Department of Fish and Game (IDFG) is seeking to renew a
five-year permit to take juvenile SR steelhead, sockeye, and spr/sum
Chinook during the course of three research tasks in the upper Salmon
River of Idaho State. They would (a) conduct a general fish population
inventory, (b) monitor fish population responses to habitat improvement
and restoration activities, and (c) document juvenile Chinook salmon
rearing and winter habitat use in the Salmon River. The researchers
would use drift boat and raft-mounted electrofishing gear to capture
fish and estimate trout abundances in up to five monitoring reaches of
the Salmon River during the fall.
Captured fish would be identified by species, measured (total
length & fork length), and weighed to the nearest gram. During marking
runs, captured target species (rainbow trout, westslope cutthroat
trout, bull trout, and mountain whitefish) would be marked with a hole
punch in the caudal fin. Any juvenile Chinook salmon the researchers
encounter would be identified, measured (fork length), weighed, and
examined for tags/marks. Unmarked juvenile Chinook salmon would be
implanted with PIT tags. Some captured fish may be anesthetized to
minimize stress. In all cases, adult salmonids would be avoided and
none would be captured. To help with this, the researchers would
operate at times and in locations where no adults are likely to be
present. The research activities would benefit the fish by providing
information on a suite of factors--population abundance and response to
restoration actions, predator and competitor abundance and
interactions, and life history and behavior characteristics--all of
which would be used to inform management, restoration, and recovery
decisions in the Salmon River. The researchers do not intend to kill
any fish, but a small number may die as a consequence of the planned
activities.
Permit 16318-3M
Hagar Environmental Science (HES) is seeking to modify a five-year
permit that currently allows them to take juvenile and smolt CCC coho
salmon, CCC steelhead, and SCCC steelhead in the San Lorenzo River
(including Newell Creek, Zayante Creek, and Mountain Charlie Creek),
Liddell Creek, Laguna Creek, and Majors Creek in Santa Cruz County, and
in the Salinas River (including Arroyo Seco River, Nacimiento River,
San Antonio River, and upper tributaries) in Monterey and San Luis
Obispo Counties, CA. The research is designed to (1) provide ESA-listed
salmonid population, distribution, and habitat assessment data to
inform watershed management, and (2) establish baseline population
abundances preceding the implementation of habitat conservation
measures. The researchers propose to capture fish with beach seines and
backpack electrofishing. Fish would be enumerated, measured, and
observed for external condition. A subset of the captured fish would be
anesthetized, measured, weighed, PIT-tagged, have a tissue sample
taken, allowed to recover, and released. The researchers would also
observe fish during snorkel/dive surveys. The researchers do not intend
to kill any listed fish, but some may die as an inadvertent result of
the research. This modification is being requested to increase the
number of juvenile CCC steelhead allowed under the permit because, in
previous years, the researchers encountered greater numbers of CCC
steelhead than were originally expected.
Permit 22319
Herrera Environmental Consultants (HEC) is seeking a five-year
research permit to annually take juvenile PS Chinook salmon and PS
steelhead while conducting a study in streams near Redmond, Washington.
The purpose of the research is to conduct a paired watershed study
monitoring stream health by collecting benthic macroinvertebrates in
urban and nearby relatively pristine streams. Due to the collection
methods, there is a possibility of capturing juvenile salmonids. The
research would benefit listed fish by determining the effectiveness of
stormwater management in urban streams which can lead directly to water
quality and habitat improvement. The HEC proposes capturing fish using
a D-frame kick net. Any fish captured would be identified to species
and released. The researchers do not intend to kill any of the fish
being captured, but a small
[[Page 37840]]
number may die as an unintended consequence of the proposed activities.
Permit 22596
The United States Geological Survey (USGS) is seeking a five-year
research permit to annually take juvenile and adult OC coho salmon
downstream of Lake Creek Falls in Lane Creek in the Siuslaw River
watershed (Lane County, OR). The purpose of the research is to evaluate
timing, duration, and probability of successful passage through the
fish passage structures over Lake Creek Falls. The research would
benefit the recovery of the OC coho salmon in this basin by providing
information to help guide decisions regarding the need to either
maintain or modify passage structures at Lake Creek Falls which allows
for access to high quality, upstream spawning habitat in Lake Creek.
The USGS proposes capturing fish using hook-and-line angling, beach
seines, and net traps. Adult coho salmon would be captured,
anesthetized with MS-222, gastrically implanted with an internal radio-
telemetry tag, allowed to recover, and released. Fish would be tracked
on at least a daily basis. All other captured fish would be identified
to species and released. The USGS does not intend to kill any of the
fish being captured, but a small number may die as an unintended
consequence of the proposed activities.
Permit 22865
The United States Forest Service (USFS) is seeking a five-year
permit that would allow them to annually take juvenile endangered UCR
Chinook salmon, juvenile threatened UCR steelhead, and juvenile
threatened MCR steelhead during research activities taking place at
various points in the Yakima, Methow, Entiat, and Wenatchee River
drainages in Washington State. The USFS conducted has previously
conducted this research under another permit (1422), but that permit
was allowed to expire and they are seeking to start again. Under the
new permit, the fish would be captured (using minnow traps, hook-and-
line angling, and electrofishing equipment), identified, and
immediately released. The purpose of the research is to determine fish
distribution in the subbasins listed above. The research would benefit
the fish by giving land managers information they need in order to
design forest management activities (e.g., timber sales, grazing plans,
road building) so that they have the least possible effect on listed
species. The USFS does not intend to kill any of the listed fish being
captured, but a small number may die as an unintended result of the
research activities.
Permit 22929
The USFS is seeking a five-year research permit to annually take
juvenile and adult UWR Chinook salmon in the South Fork McKenzie River
(Lane County, OR). The purposes of the study is to determine how food
webs change through time following Stage-0 stream restoration by
quantifying (1) the secondary production of aquatic invertebrates, (2)
the proportion of different food items in fish and invertebrate diets,
and (3) the food web pathways that support fish. Stage-0 restoration
restores fluvial processes at the valley scale, and then letting the
river valley shape itself in response to environmental and biological
drivers. Stage-0 restoration has now been implemented at 20 sites in
Oregon. The research would benefit the affected species by determining
if this type of stream and habitat restoration is beneficial to listed
salmon by comparing these stage-0 sites to control sites. The USFS
proposes to capture fish using backpack electrofishing equipment, beach
seines, minnow traps, and hook and line angling. Any adult Chinook
salmon would be immediately released. All other fish would be moved to
an aerated bucket, anesthetized with AQUI-S, identified to species,
measured for length, and weighed. Annually, up to 120 juvenile Chinook
salmon would undergo gastric lavage for diet analysis and be fin
clipped (caudal) for isotope analysis. After handling, fish would be
placed in a recovery bucket and released when ready. The USFS does not
intend to kill any of the fish being captured, but a small number may
die as an unintended consequence of the proposed activities.
Permit 22944
The Northwest Fisheries Science Center (NWFSC) is seeking a five-
year permit that would allow it to annually take listed salmonids while
collecting data from a suite of reference sites in the Lower Columbia
River. The NWFSC is requesting to take SR spring/summer Chinook salmon,
SR fall Chinook salmon, SR sockeye, SR steelhead, UCR Chinook salmon,
UCR steelhead, MCR steelhead, LCR Chinook salmon, LCR coho salmon, LCR
steelhead, UWR Chinook salmon, UWR steelhead, and CR chum salmon. The
purposes of the study are to (1) document patterns of habitat
occurrence in juvenile salmon stocks in tidal freshwater habitats in
the Columbia River below Bonneville Dam, (2) collect salmon data on
diets and prey availability; (3) collect information on indicators of
salmon health and growth; and (4) monitor effectiveness of salmonid
habitat restoration activities. The study would benefit listed fish by
providing information on how habitat degradation may be affecting
listed stocks, and helping managers take steps to improve habitat
quality. The NWFSC would use beach- and pole seines to collect the
fish. Most of the collected juveniles would be identified, counted,
weighed, measured, and checked for tags and fin clips. A subset of
salmon species may be selected for non-lethal tissue take for genetics
analysis. A further subset of Chinook salmon would be sacrificed to
determine lipid content and collect otoliths (for health and growth
assessment), collect stomach contents for diet analyses, and collect
tissue samples for genetic stock identification. The great majority of
the captured fish are expected to be released unharmed.
Permit 22998
The United States Fish and Wildlife Service (FWS) is seeking a two-
year research permit to annually take juvenile and adult PS Chinook
salmon, HCS chum salmon, and PS steelhead in streams and waterbodies on
the Kitsap Peninsula (Kitsap County, WA). The purpose of the study is
to determine if ESA-listed salmonids are present which would help guide
future land use management and fulfill requirements in the Navy Base
Kitsap's Natural Resource Management Plan. This research would benefit
the affected species by helping guide habitat restoration and providing
baseline information on species distribution. Currently, there is no
information about the distribution of ESA-listed salmonids on Navy Base
Kitsap lands. The FWS proposes to capture fish using backpack
electrofishing equipment, beach seines, and dip nets. For
electrofishing, fish would be anesthetized (MS-222), identified to
species, measured for length, weighed, and released after recovery. For
beach seines and dip netting, captured fish would be identified to
species and released. Snorkel and spawner surveys would also be
conducted. The FWS does not intend to kill any of the fish being
captured, but a small number may die as an unintended consequence of
the proposed activities.
Permit 23029
The NWFSC is seeking a two-year research permit to annually take
juvenile and adult PS Chinook salmon and juvenile PS steelhead and PS/
GB
[[Page 37841]]
bocaccio in multiple Puget Sound river estuaries and bays (Washington
State). The NWFSC research may also cause them to take juvenile PS/GB
yelloweye rockfish and adult and juvenile S eulachon--species for which
there are currently no ESA take prohibitions. The primary study site
would be the lower Duwamish River while secondary Puget Sound reference
sites would include (but are not exclusive to) the Skagit,
Stillaguamish, Puyallup, Nisqually, Snohomish, and Deschutes river
estuaries and associated bays.
The purpose of the study is to collect juvenile English sole
(Parophrys vetulus) to determine contaminant exposure and the impacts
from these contaminants upon the species. Due to their benthic life
history and relatively protracted residency in shallow estuarine
habitats, juvenile English sole serve well as an indicator species for
environmental contaminant exposure. This research would benefit the
affected species by identifying the environmental contaminants present
that can impact the ESA-listed species, their prey, and their habitat.
The NWFSC proposes to capture fish using a beach seine and an otter
trawl. Juvenile English sole would be bagged and frozen for whole body
and contaminant analyses (i.e., otoliths, stomach contents, and
livers). All other species, including ESA-listed species, would be
identified to species, checked for tags and fin clips, and immediately
released. The NWFSC does not intend to kill any of the fish being
captured, but a small number may die as an unintended consequence of
the proposed activities.
This notice is provided pursuant to section 10(c) of the ESA. NMFS
will evaluate the applications, associated documents, and comments
submitted to determine whether the applications meet the requirements
of section 10(a) of the ESA and Federal regulations. The final permit
decisions will not be made until after the end of the 30-day comment
period. NMFS will publish notice of its final action in the Federal
Register.
Dated: July 29, 2019.
Angela Somma,
Chief, Endangered Species Conservation Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2019-16469 Filed 8-1-19; 8:45 am]
BILLING CODE 3510-22-P
