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Availability of a Draft Environmental Assessment/Finding of No Significant Impact and Receipt of an Application for an Incidental Take Permit (1255).

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: May 30, 2000 (Volume 65, Number 104)]
[Notices]
[Page 34442-34443]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30my00-27]

[[Page 34442]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D.051800F]


Availability of a Draft Environmental Assessment/Finding of No
Significant Impact and Receipt of an Application for an Incidental Take
Permit (1255).

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration, Commerce

ACTION: Notice of availability.

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SUMMARY: NMFS has received an application for an incidental take permit
(Permit) from the Oregon Department of Fish and Wildlife (ODFW) and the
Washington Department of Fish and Wildlife (WDFW) pursuant to section
10(a)(1)(B) of the Endangered Species Act of 1973, as amended (ESA). As
required by section 10 (a)(2)(B) of the ESA, ODFW and WDFW have also
prepared a conservation plan (Plan) designed to minimize and mitigate
any such take of endangered or threatened species. The Permit
application is for the incidental take of ESA-listed adult and juvenile
salmonids associated with otherwise lawful sport and commercial
fisheries on non-listed species in the lower and middle Columbia River
and its tributaries in the Pacific Northwest. The duration of the
proposed Permit and Plan is one year. The Permit application includes
the proposed Plan submitted by ODFW and WDFW. NMFS also announces the
availability of a draft Environmental Assessment (EA) for the Permit
application. NMFS is furnishing this notice in order to allow other
agencies and the public an opportunity to review and comment on these
documents. 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 from interested parties on the Permit
application, Plan, and draft EA must be received at the appropriate
address or fax number no later than 5:00pm Pacific standard time on
June 29, 2000.

ADDRESSES: Written comments on the application, Plan, or draft EA
should be sent to Enrique Patino, Sustainable Fisheries Division, F/
NWR2, 7600 Sand point Way NE, Seattle, WA, 981150070. Comments may also
be sent via fax to 2065266736. Comments will not be accepted if
submitted via e-mail or the internet. Requests for copies of the Permit
application, Plan, and draft EA should be directed to the Sustainable
Fisheries Division (SFD), F/NWR2, 7600 Sand point Way NE, Seattle, WA,
981150070. Comments received will also be available for public
inspection, by appointment, during normal business hours by calling
2065264655.

FOR FURTHER INFORMATION CONTACT: Enrique Patino, Seattle, WA (ph:
2065264655, fax: 2065266736, e-mail: Enrique.Patinonoaa.gov).

SUPPLEMENTARY INFORMATION: 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, under limited
circumstances, to take listed species incidental to, and not the
purpose of, otherwise lawful activities. NMFS regulations governing
permits for threatened and endangered species are promulgated at 50 CFR
222.307.

Species Covered in This Notice

    The following species and evolutionarily significant units (ESU's)
are included in the Plan and Permit application:
    Fish
    Chinook salmon (Oncorhynchus tshawytscha): threatened Snake River
(SnR) fall, threatened lower Columbia River (LCR).
    Steelhead (O. mykiss): threatened SnR, endangered naturally
produced and artificially propagated UCR, threatened middle Columbia
River (MCR), threatened LCR, threatened Upper Willamette River (UWR).
    Chum Salmon (Oncorhynchus keta): threatened Columbia River (CR).
    To date, protective regulations for threatened LCR chinook salmon,
threatened SnR, MCR, LCR, and UWR steelhead, and threatened CR chum
salmon under section 4(d) of the ESA have not been promulgated by NMFS.
This notice of receipt of an application requesting takes of these
species is issued as a precaution in the event that NMFS issues
protective regulations that prohibit takes of threatened LCR chinook
salmon, and/or threatened SnR, MCR, LCR and/or UWR steelhead. The
initiation of a 30-day public comment period on the application,
including its proposed takes of threatened LCR chinook salmon, and
threatened SnR, MCR, and LCR steelhead does not presuppose the contents
of the eventual protective regulations.

Background

    Fall season fisheries in the Columbia River have been managed since
1996 under provisions of the 19961998 Management Agreement for Upper
Columbia River Spring Chinook, Summer Chinook and Sockeye. The
Management Agreement modified provisions of the CRFMP to include
additional provisions for listed species. The CRFMP and thus the
associated Management Agreement expired by their own terms on December
31, 1998, but were extended by agreement of the parties and court order
through July 31, 1999. Since NMFS was a signatory party to the CRFMP,
and approval of the CRFMP was a federal action subject to section 7
consultation, incidental take associated with the ODFW and WDFW
fisheries was authorized in biological opinions issued on the CRFMP.
NMFS has advised the states that, with the expiration of the CRFMP, and
absent any subsequent agreement among the parties to U.S. v. Oregon,
there is no longer a federal action that provides a nexus for section 7
consultation. Because the immediate prospects for reaching an agreement
remain uncertain, ODFW and WDFW have applied for a one-year ESA section
10(a)(1)(B) permit for incidental takes of ESA-listed adult and
juvenile salmonids associated with sport and commercial fisheries
during the fall season 2000 on non-listed species in the lower and
middle Columbia River and its tributaries in the Pacific Northwest.

Conservation Plan

    The Conservation Plan prepared by ODFW and WDFW describes measures
designed to monitor, minimize, and mitigate the incidental takes of
ESA-listed anadromous salmonids associated with some or all of the
following fisheries which are expected to occur during the fall season
2000 with approximate dates as specified:
    Mainstem Commercial Salmon/Sturgeon Fisheries: mid-August through
mid-September.
    Fall Commercial FisherySelect Areas: August through October.
    Smelt Commercial Fishery/Test Fishery: December 1 through March 31.
    Commercial anchovy and herring bait fishery: open year round.
    Mainstem Salmon/Steelhead Recreational Fishery: August 1 through
December 31.
    Warmwater Recreational Fishery: open year round.
    Columbia River Tributary Recreational Salmon and Steelhead
Fisheries: August through December.
    Select Area Recreational fisheries: open under permanent
regulations for the entire year.
    Sturgeon Recreational Fishery: open year-round

[[Page 34443]]

    Steelhead Recreational FisheryRingold: August 1 through December
31.
    Sturgeon tagging stock assessment: May through July.
    Fall Selective Gear Test Fishery: September through October.
    Wanapum Tribe Subsistence Fishery : September.
    ESA-listed fish incidental mortalities associated with the ODFW and
WDFW fishery programs are requested at levels specified in the Permit
application. ODFW/WDFW are proposing to limit state in-river fisheries
such that the incidental impacts on ESA-listed salmonids will be
minimized. Eight alternatives for the ODFW and WDFW fisheries were
provided in the Plan, including: (1) Historic baseline; (2) 1988
Columbia River Fish Management Plan; (3) 19961998 Management Agreement;
(4) 1999 Management Agreement; (5) 19961999 actual impact rates; (6)
equitable non-Indian and treaty Indian chinook allocation; (7)
reasonable non-Indian fishery opportunity (selected alternative); and
(8) No action.

Environmental Assessment/Finding of No Significant Impact

    The EA package includes a draft EA and a draft Finding of No
Significant Impact (FONSI) which concludes that issuing the incidental
take permit is not a major Federal action significantly affecting the
quality of the human environment, within the meaning of section
102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, as
amended. Three Federal action alternatives have been analyzed in the
EA, including: (1) the no action alternative; (2) issue a permit
without conditions; and (3) issue a permit with conditions.
    This notice is provided pursuant to section 10(c) of the ESA and
the NEPA regulations (40 CFR 1506.6). NMFS will evaluate the
application, associated documents, and comments submitted thereon to
determine whether the application meets the requirements of the NEPA
regulations and section 10(a) of the ESA. If it is determined that the
requirements are met, a permit will be issued for incidental takes of
ESA-listed anadromous salmonids under the jurisdiction of NMFS. The
final NEPA and permit determinations will not be completed until after
the end of the 30-day comment period and will fully consider all public
comments received during the comment period. NMFS will publish a record
of its final action in the Federal Register.

    Dated: May 24, 2000.
Wanda L. Cain,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 0013431 Filed 52600; 8:45 am]
BILLING CODE 351022F

 
 

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