[Federal Register: November 9, 2001 (Volume 66, Number 218)]
[Notices]               
[Page 56657-56658]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09no01-49]                         

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 103001A]

 
Endangered Species; Permit 1046 and 1067

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

ACTION: Issuance of modification 1 to permit 1046 and modification 3 to 
permit 1067.

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SUMMARY: Notice is given that the National Marine Fisheries Service 
(NMFS) has issued modification 1 to permit 1046 to the National Park 
Service (NPS) and modification 3 to permit 1067 to the California 
Department of Fish and Game (CDFG). Both permit modifications authorize 
takes of Endangered Species Act-listed anadromous fish species for the 
purpose of rescue, subject to certain conditions set forth therein.

ADDRESSES: The applications and related documents are available for 
review in the following office, by appointment:
    For permits 1046 and 1067: Protected Resources Division, NMFS, 777 
Sonoma Avenue, Room 325, Santa Rosa, California 95404-6528

FOR FURTHER INFORMATION CONTACT: For permits 1046 and 1067: Daniel 
Logan, Protected Resources Division, NMFS, Santa Rosa, California, 
(707) 575-6053.

SUPPLEMENTARY INFORMATION:

Species Covered in this Notice

    The following species and evolutionarily significant units (ESU's) 
are covered in this notice: Southern Oregon/Northern California Coasts 
(SONCC) coho salmon (Oncorhynchus kisutch) and Central California Coast 
(CCC) coho salmon.
    Issuance of these permit modifications, as required by the ESA, was 
based on a finding that such modifications were: (1) applied for in 
good faith; (2) would not operate to the disadvantage of the listed 
species which are the subject of the permit; and (3) are consistent 
with the purposes and policies set forth in section 2 of the ESA. These 
modifications were issued in accordance with, and are subject to, 50 
CFR part 222, the NMFS regulations governing listed species permits.

Modifications to Permits Issued

    The NMFS has authorized the NPS to rescue juvenile coho salmon 
stranded in drying pools in streams in portions of the CCC coho salmon 
ESU. Also, NMFS has authorized the CDFG to rescue juvenile coho salmon 
stranded in drying pools in streams throughout the CCC and SONCC coho 
salmon ESU's. Annual rainfall totals for the 2001 water year for 
coastal northern California is 58% of normal. The reduced rainfall has 
led to reduced stream flows with pools having become disconnected from 
the streams.
    Biologists from CDFG, NPS, and other entities have observed coho 
salmon in residual pools, and many pools have dried completely.
    NMFS believes that the modifications to permits 1046 and 1067 
authorizing rescues of stranded SONCC or CCC coho salmon is an 
appropriate emergency situation, consistent with 50 CFR 222.303(g). 
Therefore a public comment period was not commenced on this action. The 
issuance of the modifications to permits 1046 and 1067 allows NMFS to 
utilize its authority to further the purpose of the ESA; that is to 
lead to the recovery of listed species. Without intervention, thousands 
of juvenile CCC coho salmon will die.

[[Page 56658]]

 Facilitating rescues of stranded SONCC coho salmon and CCC coho salmon 
will result in conservation of the threatened salmonid ESUs by 
preserving life or furthering our understanding of the species. By the 
very nature of the circumstances that trigger these actions, NMFS 
concludes that facilitating rescue activities is necessary and 
advisable.
    For Modification 1 to permit 1046, the following change was 
incorporated into the take limits for the permit: The NPS is authorized 
to capture, transport, and release of 5000 juvenile CCC coho salmon 
associated with fish rescue operations within drainages on, and 
proximate to, National Park Service lands in Marin County, CA. The NPS 
may rescue juvenile CCC coho salmon, found in habitat areas were 
conditions are likely to result in eminent mortality; the fish must be 
released into habitat areas within the same watershed where the chance 
of long-term survival is increased.
    For Modification 3 to permit 1067, the following changes were 
incorporated into the take limits for the permit: (1) The CDFG is 
authorized to capture, transport, and release 7,500 juvenile SONCC coho 
salmon associated with fish rescue operations throughout the California 
portion of the SONCC coho salmon ESU; (2) the CDFG is authorized to 
capture, transport, and release 7,500 juvenile CCC coho salmon 
associated with fish rescue operations throughout the CCC coho salmon 
ESU. The CDFG may rescue juvenile SONCC coho salmon and/or CCC coho 
salmon found in habitat areas where conditions are likely to result in 
eminent mortality; the fish must be released into habitat areas within 
the same watershed where the chance of long-term survival is increased.

    Dated: November 6, 2001.
Margaret Lorenz,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 01-28240 Filed 11-8-01; 8:45 am]
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