[Federal Register: April 16, 2001 (Volume 66, Number 73)]
[Notices]               
[Page 19425-19426]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap01-29]                         

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 040601G]

 
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 and request for comment.

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SUMMARY: NMFS received an application for modification 1 of incidental 
take permit 1233 (Permit) from the Idaho Department of Fish and 
Game(IDFG) pursuant to the Endangered Species Act of 1973, as amended 
(ESA). As required by the ESA, IDFG's modification application includes 
a conservation plan (Plan) designed to minimize and mitigate any such 
take of endangered or threatened species. The Permit modification 
application is for the incidental take of ESA-listed adult and juvenile 
salmonids associated with otherwise lawful recreational fisheries on 
non-listed species in the Snake River and its tributaries in the State 
of Idaho. The duration of the existing Permit and Plan is 5 years, 
expiring on December 31, 2004. NMFS also announces the availability of 
a draft Environmental Assessment (EA) for the Permit modification 
application. This document serves to notify the public of the 
availability for comment of the permit modification application and the 
associate draft EA. All comments received will become part of the 
public record and will be available for review pursuant to the ESA.

DATES: Written comments on the Permit modification application, Plan, 
and draft EA must be received no later than 5 p.m. Pacific standard 
time on May 16, 2001.

ADDRESSES: Written comments and requests for copies of the application, 
Plan, or draft EA should be addressed to Herbert Pollard, Sustainable 
Fisheries Division, 10215 West Emerald Street, Suite 180, Boise, ID 
83704. Comments may also be sent via fax to (208) 378-5699. Comments 
will not be accepted if submitted via e-mail or the internet. Comments 
received will also be available for public inspection, by appointment, 
during normal business hours by calling (208) 378-5614.

FOR FURTHER INFORMATION CONTACT: Herbert Pollard, Boise, ID, at phone 
number: (208) 378-5614, fax: (208) 378-5699, or e-mail: 
Herbert.Pollard@noaa.gov

SUPPLEMENTARY INFORMATION: This notice is relevant to the Snake River 
spring/summer chinook salmon (Oncorhynchus tshawytscha), Snake River 
fall chinook salmon (O. tshawytscha), Snake River sockeye salmon (O. 
nerka), and Snake River steelhead (O. mykiss) ESUs.

Background

    On May 26, 2000, NMFS issued permit 1233 to Idaho for conduct of 
recreational fisheries managed by IDFG during 2001 through 2004 on non-
listed species in the Snake River and its tributaries in the State of 
Idaho. Permit 1233 authorizes IDFG an incidental take of adult and 
juvenile, threatened, naturally produced Snake River spring/summer 
chinook salmon (Oncorhynchus tshawytscha), adult and juvenile, 
threatened, naturally produced Snake River fall chinook salmon 
(Oncorhynchus tshawytscha), and adult and juvenile, threatened, 
naturally produced Snake River sockeye salmon (Oncorhynchus nerka) in 
recreational fisheries managed by the State of Idaho.
    IDFG requests a modification to permit 1233 to modify timing of 
currently authorized fisheries, to expand currently authorized fishing 
areas, and to include authorization of take of listed steelhead. The 
fishery area

[[Page 19426]]

in the Clearwater River would be expanded to include the South Fork 
Clearwater River. The fishery area in the Little Salmon River would be 
expanded from the current 4 mi (6.4 km) upstream to approximately 25 mi 
(40.2 km). Two additional areas would be opened for chinook fishing: 
The Salmon River from its mouth 30 mi (48.3 km) upstream to the mouth 
of the Little Salmon River, and approximately 60 mi (96.6 km) of the 
Snake River from the mouth of the Imnaha River upstream to Hells Canyon 
Dam. For modification 1, IDFG also requests an additional incidental 
take of adult, threatened, Snake River spring/summer chinook salmon 
associated with the requested expanded and additional fishery areas.
    IDFG also requests authorization for take of adult, threatened, 
naturally produced Snake River steelhead incidental to the currently 
authorized fisheries and the requested modification.At the time permit 
1233 was originally issued, protective regulations for threatened Snake 
River steelhead under section 4(d) of the ESA had not been promulgated 
by NMFS. Protective regulations were subsequently issued (July 10, 
2000, 65 FR 42422). When NMFS issued the current permit, impacts of the 
proposed fisheries to listed Snake River steelhead were assessed in a 
biological opinion, and NMFS determined that the fisheries would not 
jeopardize the continued existence of threatened Snake River steelhead. 
The proposed modification would authorize levels of take consistent 
with that analysis and opinion.
    In its Plan, IDFG is proposing to limit state recreational 
fisheries such that the incidental impacts on ESA-listed salmonids will 
be minimized. Three alternatives for the IDFG fisheries are provided in 
the Plan: (1) The no action alternative; (2) the proposed conservation 
plan alternative (based on continuing fisheries at levels similar to 
those permitted since 1995); and (3) historic fishing levels.

Environmental Assessment/finding of No Significant Impact

    The EA package includes a draft EA and a draft Finding of No 
Significant Impact which concludes that issuing the modification to 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 draft EA: (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 modified 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: April 10, 2001.
Karen Salvini,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 01-9266 Filed 4-13-01; 8:45 am]
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