Endangered and Threatened Species; Take of Anadromous Fish, 52751-52752 [2022-18482]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 87, Number 166 (Monday, August 29, 2022)]
[Notices]
[Pages 52751-52752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18482]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC298]


Endangered and Threatened Species; Take of Anadromous Fish

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), U. S. Department of Commerce.

ACTION: Notice of receipt of application, for one scientific 
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 FISHBIO Environmental, LLC. (FISHBIO) to 
enhance the propagation and survival of species listed under the 
Endangered Species Act (ESA) of 1973, as amended, for a 5 year period. 
This document serves to notify the public of the availability of the 
renewal permit application for review and comment, prior to a decision 
by NMFS whether to issue the permit application may be viewed online 
at: https://apps.nmfs.noaa.gov/preview/preview_open_for_comment.cfm.

DATES: Written comments on the permit application must be received at 
the appropriate email address (see ADDRESSES) on or before September 
28, 2022.

ADDRESSES: Written comments on the permit application should be 
submitted to NMFS California Central Valley Office via email to Meiling 
Colombano ([email protected]).

FOR FURTHER INFORMATION CONTACT: Meiling Colombano (email: 
[email protected]; phone: 916-204-3406). Permit application 
instructions are available online at https://apps.nmfs.noaa.gov.

SUPPLEMENTARY INFORMATION:

ESA-Listed Species Covered in This Notice

    Chinook salmon (Oncorhynchus tshawytscha): Threatened, naturally 
produced and hatchery propagated Central Valley (CV) spring-run;
    Steelhead (O. mykiss): Threatened, naturally produced and 
artificially propagated California Central Valley (CCV) Distinct 
Population Segment of steelhead;
    North American green sturgeon (Acipenser medirostris): Threatened, 
naturally produced southern Distinct Population Segment (sDPS) of North 
American green sturgeon.

Authority

    Scientific research and enhancement 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-
227). NMFS issues permits based on findings that such permits (1) are 
applied for in good faith, (2) would not operate to the disadvantage of 
the listed species which are the subject of the permits, and (3) are 
consistent with the purposes and policies set forth in section 2 of the 
ESA. Authority to take listed species is subject to conditions set 
forth in the permits.
    This notice is provided pursuant to section 10(c) of the ESA. NMFS 
will evaluate the application, associated documents, and any comment 
submitted to determine whether the application meets 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 and consideration of any comment submitted therein. NMFS will 
publish notice of the final action on the subject permit application in 
the Federal Register.
    Those individuals requesting a hearing on the application listed in 
this notice should provide the specific reasons why a hearing on the 
application would be appropriate (see ADDRESSES). Such a hearing is 
held at the discretion of the Assistant Administrator for Fisheries, 
NOAA.
    All statements and opinions contained in the permit action summary 
are those of the applicant and do not necessarily reflect the views of 
NMFS.

Permit Application Received

Permit 21477-2R

    FISHBIO has applied for a renewal enhancement permit under section 
10(a)(1)(A) of the ESA for a period of 5 years that would allow take of 
both adult and juvenile CV spring-run Chinook salmon, CCV steelhead, 
and sDPS green sturgeon. Federal legislation (section 4010 of the Water 
Infrastructure Improvement for the Nation Act (WIIN Act); December 16, 
2016) requires the Oakdale Irrigation District and South

[[Page 52752]]

San Joaqu[iacute]n Irrigation District (Districts) and NMFS to jointly 
establish a nonnative predator research and pilot fish removal program 
in the Stanislaus River to investigate whether nonnative predator 
removal is an effective strategy to improve overall conditions for 
native fish, especially the survival of juvenile salmonids. The general 
approach of the program is intended to build off previous nonnative 
predator removal studies conducted in the Central Valley, as well as 
build off of the previous 5 years of data collected under the first 
permit (21477). The program will allow examination of the biological 
and ecological responses of both ESA-listed and non-federally listed 
native fish (particularly salmonids) and the fish community in relation 
to predator exclusion and removal efforts. Specific study questions 
will focus on changes in the densities and relative abundances in these 
native fish and fish community assemblages.
    The program will be carried out using three primary methods: (1) An 
exclusion weir equipped with a live box (or fyke trap) will be used to 
trap and remove nonnative predatory fish. Native fish will be trapped 
daily and selectively passed upstream of the weir to reduce the 
potential for in-trap predation and minimize delays in migration; (2) 
sampling via boat electrofishing is proposed to estimate the abundance 
of nonnative predators and to conduct predator removals; and (3) 
survival will be assessed by conducting releases of hatchery-origin 
Chinook salmon juveniles, fitted with acoustic tags, upstream of areas 
where predator removal has occurred.
    Although ESA-listed species are not directly targeted by the 
program, they may be incidentally captured and handled during 
electrofish sampling. Efforts will be made to limit electrofishing in 
areas where juvenile salmonids may be present or rearing. 
Electrofishing will follow guidelines to minimize injury and mortality 
and established measures will be taken to protect species listed under 
the ESA. The proposed operation of a weir in the Stanislaus River could 
impact ESA-listed species by delaying upstream migration of the adult 
lifestage. Additionally, trapping at the weir may result in the capture 
of adult ESA-listed species. These effects will be minimized by 
frequent (at least daily) trap checks at the site and prioritization of 
ESA-listed species for handling and release prior to other non-listed 
species.

Public Comments Solicited

    NMFS invites the public to comment on the section 10(a)(1)(A) 
renewal 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 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 publish notice of its final 
action in the Federal Register.

    Dated: August 23, 2022.
Lisa Manning,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2022-18482 Filed 8-26-22; 8:45 am]
BILLING CODE 3510-22-P