Endangered Species; Take of Anadromous Fish, 3390-3392 [2023-00915]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 88, Number 12 (Thursday, January 19, 2023)]
[Notices]
[Pages 3390-3392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00915]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC675]


Endangered 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; for modification and renewal of an existing 
scientific research and enhancement permit.

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SUMMARY: Notice is hereby given that NMFS received an application from 
the Wiyot Tribe in Loleta, California for modification and renewal of 
an U.S. Endangered Species Act (ESA) Section 10(a)(1)(A) scientific and 
enhancement permit (Permit 22270-2R). The purpose of the permit is to 
enhance the survival of threatened Southern Oregon/Northern California 
Coast (SONCC) Evolutionary Significant Unit (ESU) of coho salmon 
(Oncorhynchus kisutch); threatened California Coast (CC) ESU Chinook 
salmon (O. tshawytscha); and threatened Northern California (NC) 
Distinct Population Segment (DPS) of steelhead (O. mykiss) by 
segregating and removing predatory non-native Sacramento River 
pikeminnow using a variety of techniques. The University of California 
at Berkeley and Stillwater Sciences are co-investigators on the permit 
and will assist with implementation of the permit activities. The 
public is hereby notified that the application for Permit 22270-2R is 
available for review and comment before NMFS either approves or 
disapproves the application.

DATES: Written comments on the permit application must be received at 
the appropriate email address (see ADDRESSES) on or before February 21, 
2023.

ADDRESSES: Written comments on the permit application should be 
submitted to Matt Goldsworthy via email at [email protected] 
with ``Permit 22270-2R'' referenced in the subject line. The permit 
application and Weir Operations Plan is available for review online at 
the Authorizations and Permits for Protected Species website: https://apps.nmfs.noaa.gov/preview/preview_open_for_comment.cfm.

FOR FURTHER INFORMATION CONTACT: Matt Goldsworthy (phone: 707-357-1338 
or email: [email protected].

SUPPLEMENTARY INFORMATION: 

Species Covered in This Notice

    Southern Oregon/Northern California Coast (SONCC) Evolutionary 
Significant Unit (ESU) of coho salmon (Oncorhynchus kisutch); 
California Coast (CC) ESU of Chinook salmon (O. tshawytscha); and 
Northern California (NC) Distinct Population Segment (DPS) of steelhead 
(O. mykiss).

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 its final action 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 NOAA 
Fisheries.
    Permit Application Received:

Permit 22270-2R

    The Wiyot Tribe in Loleta, California applied for modification and 
renewal of a Section 10(a)(1)(A) scientific research and enhancement 
permit (Permit 22270-2R). The University of California at Berkeley and 
Stillwater Sciences are co-investigators on the permit and will assist 
with implementation of the permit activities. The application involves 
research and activities to enhance the survival of threatened Southern 
Oregon/Northern California Coast (SONCC) Evolutionary Significant Unit 
(ESU) of coho salmon (Oncorhynchus kisutch); threatened California 
Coast (CC) ESU Chinook salmon (O. tshawytscha); and threatened Northern 
California (NC) Distinct Population Segment (DPS) of steelhead (O. 
mykiss) by segregating and removing predatory non-native river 
pikeminnow (Ptychocheilus grandis) using a variety of techniques.
    This project's objectives are to: (1) remove large numbers of 
predatory non-native Sacramento River pikeminnow from the mainstems of 
the South Fork Eel River, Van Duzen River, and Lower Eel River to 
increase survival of listed salmonids and other native species; (2) 
continue to refine methods and strategies for pikeminnow population

[[Page 3391]]

suppression across a range of habitats; (3) operate a resistance board 
weir to segregate pikeminnow from the South Fork Eel River headwaters 
and further suppress their population; and (4) evaluate pikeminnow and 
salmonid responses to suppression activities. This work, which may 
occur for up to five years, will affect SONCC coho salmon, CC Chinook 
salmon, and NC steelhead.
    Suppression techniques will include boat electrofishing, seining, 
active gillnetting, spearfishing, hook-and-line, and the weir trap box. 
Suppression timing, gear types, and methods are designed to minimize 
encountering and impacting salmonids. Importantly, prior to conducting 
suppression, sites will be snorkeled and will be avoided if salmonids 
are present. The weir will be operated after April 1, by which time 
most steelhead will have spawned and emigrated. A small proportion of 
adult steelhead will move through the weir.
    To investigate how pikeminnow suppression influences their movement 
and survival, juvenile coho salmon, Chinook salmon and steelhead will 
be captured with downstream migrant traps, a portion of juvenile coho 
salmon and juvenile steelhead will be acoustically-tagged, released, 
and tracked with a network of receivers.
    Field activities for the various proposed research and enhancement 
components will occur annually as described for each location below for 
a duration of approximately 5 years through December 31, 2028.

Resistance Board Weir Operations Plan

    The seasonal resistance board weir will be constructed in the 
mainstem South Fork Eel River just downstream from Indian Creek, 83 
river kilometers upstream from the mainstem Eel River. For details on 
the specifics of the weir design, operation, and measures to reduce 
impacts on native fish see the supplemental document ``Weir Operation 
Plan.'' The primary goals of this method are to: (1) segregate 
migratory pikeminnow from prime salmon rearing habitat in the upper 
mainstem South Fork Eel River; (2) capture and euthanize large numbers 
of these introduced predatory fish and (3) better understand the life 
history timing of pikeminnow and native salmonids.

Other Suppression Techniques

    Suppression techniques will include boat electrofishing, seining, 
active gillnetting, spearfishing, hook-and-line, and the resistance 
board weir (discussed above). Boat electrofishing will only be 
conducted in the lower reaches of the South Fork Eel River that do not 
contain salmonids during the summer sampling period. Prior to 
electrofishing, each sample site will be snorkeled to determine where 
pikeminnow are and to verify that no salmonids are present.
    Seining will be conducted in the South Fork Eel River, Van Duzen 
River, and Lower Eel River using knotless nylon nets. In addition to 
sampling smaller size classes of pikeminnow in shallow water, seines 
may be deployed for active sampling, where snorkelers herd fish out of 
deeper water into the nets. Seines will also be used to capture 
juvenile coho salmon and steelhead for acoustic tagging.
    Active gillnetting will be conducted in the mainstems of the South 
Fork Eel River, Van Duzen River, and Lower Eel River during time 
periods to avoid salmonids. As with other methods, prior to conducting 
gillnetting, each site will be snorkeled to ensure the absence of non-
target species. Gillnets will never be left unattended in the water; 
gillnets will be actively tended and constantly inspected to ensure no 
harm is done to salmonids or other non-target species. At some sites, 
two gillnets will may be actively maneuvered toward each other by 
divers to capture fleeing pikeminnow.
    Spearfishing and hook and line sampling will be conducted in the 
South Fork Eel River, Van Duzen River, and Lower Eel River. Only divers 
with extensive experience distinguishing pikeminnow from native fish 
will be used. Hook-and-line sampling will rely on using only barbless 
hooks and any juvenile steelhead or other non-target species captured 
will be released immediately.
    The following activities in the South Fork Eel River will occur 
annually:

Feb 1-Jun 1: Daily for up to 2 weeks--downstream migrant trapping, 
seining
April 1-October 1: Opportunistically--seining, electrofishing
April 1-October 31: Daily--resistance board weir; Biweekly--
spearfishing, seining
April 1-September 30: Biweekly--active gillnetting, hook-and-line, 
snorkeling
July 1-September 30: Weekly--boat electrofishing
June 15-August 31: Biweekly--spearfishing, seining, active 
gillnetting, hook- and-line, snorkeling

    The annual sum of take requested across the various components of 
this effort in the South Fork Eel River are as follows: (1) non-lethal 
capture (backpack electrofishing, beach seining, or fyke net) and 
release of up to 1,000 juvenile SONCC coho salmon, 1,000 juvenile CC 
Chinook salmon, and 1,000 juvenile NC steelhead; (2) non-lethal capture 
(backpack electrofishing, beach seining, or fyke net) and release of up 
to 300 juvenile SONCC coho salmon and 300 juvenile NC steelhead for the 
purpose of applying acoustic tags and collecting tissue samples by fin 
clip; (3) non-lethal capture (backpack electrofishing, beach seining, 
or fyke net) and release of up to 100 juvenile SONCC coho salmon and 
100 juvenile NC steelhead for the purpose of applying acoustic tags, 
collecting tissue samples by fin clip and muscle biopsy; (4) non-lethal 
capture, tissue sampling, and release of up to 220 adult NC steelhead 
captured while operating the resistance board weir; (6) non-lethal 
observation of up to 400 adult NC steelhead on camera or sonar while 
operating the resistance board weir; (7) non-lethal observation of up 
to 30 juvenile NC steelhead during snorkel and diving surveys; and (8) 
non-lethal capture and release of up to 16 juvenile NC steelhead while 
boat electrofishing, beach seining, active gillnetting, and hook-and-
line methods. The potential annual unintentional lethal take of SONCC 
coho salmon, CC Chinook salmon and NC steelhead expected to result from 
the proposed research and enhancement activities in the South Fork Eel 
River is up to 12 juvenile SONCC coho salmon, 4 juvenile CC Chinook 
salmon, 17 juvenile NC steelhead, and one adult NC steelhead.
    The following activities will occur in the Van Duzen River 
annually:

July 1-October 31: Biweekly--spearfishing, seining, active 
gillnetting, hook- and-line, snorkeling

    The annual sum of take requested across the various components of 
this effort in the Van Duzen River are as follows: (1) non-lethal 
observation of up to 750 juvenile NC steelhead during snorkel and 
diving surveys; (2) non-lethal capture and release of up to 35 juvenile 
NC steelhead while beach seining, active gillnetting, and hook-and-line 
methods. The potential annual unintentional lethal NC steelhead take 
expected to result from the proposed enhancement activities in the Van 
Duzen River is up to 3 juvenile NC steelhead.
    The following activities will occur in the Lower Eel River 
annually:

June 15-August 31: Biweekly--spearfishing, seining, active 
gillnetting, hook-and-line, snorkeling

    The annual sum of take requested across the various components of 
this effort in the Lower Eel River are as follows: (1) non-lethal 
observation of up to 100 juvenile SONCC coho salmon, 750 juvenile CC 
Chinook salmon, and 750 juvenile NC steelhead during snorkel and diving 
surveys; (2) non-lethal capture and release of up to 3 juvenile SONCC 
coho salmon, 3

[[Page 3392]]

juvenile CC Chinook salmon, and 35 juvenile NC steelhead while beach 
seining, active gillnetting, and hook-and-line methods. The potential 
annual unintentional lethal SONCC coho salmon, CC Chinook salmon, and 
NC steelhead take expected to result from the proposed enhancement 
activities in the Lower Eel River is up to 3 juvenile SONCC coho 
salmon, 3 juvenile CC Chinook salmon, and 3 juvenile NC steelhead.
    This proposed scientific research and enhancement effort is 
expected to enhance survival and support recovery within the SONCC ESU 
of coho salmon, CC ESU of Chinook salmon, and the NC DPS of steelhead 
and is consistent with recommendations and objectives outlined in NMFS' 
Southern Oregon/Northern California Coast ESU Coho Salmon Recovery Plan 
and Coastal Multispecies Recovery Plan. See the Permit 22270-2R 
application for greater details on the various components of this 
scientific research and enhancement effort including the specific 
scientific methods proposed and take allotments requested for each.

    Dated: January 12, 2023.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2023-00915 Filed 1-18-23; 8:45 am]
BILLING CODE 3510-22-P