[Federal Register: May 4, 2001 (Volume 66, Number 87)]
[Notices]               
[Page 22532-22533]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04my01-58]                         

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 042501G]

 
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: Notice is hereby given that the Oregon Department of Fish and 
Wildlife (ODFW) has submitted four Fisheries Management and Evaluation 
Plans (FMEP) pursuant to the protective regulations promulgated for 
Middle Columbia River (MCR) steelhead under the Endangered Species Act 
(ESA). The FMEPs specify the future management of inland recreational 
fisheries potentially affecting the MCR steelhead. This document serves 
to notify the public of the availability of the FMEPs for review and 
comment before a final approval or disapproval is made by NMFS.

DATES: Written comments on the draft FMEPs must be received at the 
appropriate address or fax number (see ADDRESSES) no later than 5 p.m. 
Pacific standard time on June 4, 2001.

ADDRESSES: Written comments and requests for copies of the draft FMEPs 
should be addressed to Richard Turner, Sustainable Fisheries Division, 
Hatchery and Inland Fisheries Branch, 525 N.E. Oregon Street, Suite 
510, Portland, OR 97232 or faxed to 503-872-2737. The documents are 
also available on the Internet at http://www.nwr.noaa.gov/. Comments 
will not be accepted if submitted via e-mail or the Internet.

FOR FURTHER INFORMATION CONTACT: Richard Turner, Portland, OR at phone 
number 503-736-4737 or e-mail: rich.turner@noaa.gov.

[[Page 22533]]


SUPPLEMENTARY INFORMATION: This notice is relevant to the Middle 
Columbia River Steelhead (Oncorhynchus mykiss) Evolutionarily 
Significant Unit (ESU).

Background

    ODFW has submitted to NMFS four FMEPs: (1) Walla Walla River Summer 
Steelhead and Trout Fisheries, (2) Umatilla River Summer Steelhead, 
Trout and Warmwater Fisheries, (3) John Day River Steelhead, Trout and 
Warmwater Fisheries, and (4) Deschutes River, Small Columbia 
Tributaries: Fifteenmile, Mill and Chenoweth Creeks Summer Steelhead, 
Trout and Warmwater Fisheries. These FMEPs are for inland recreational 
fisheries potentially affecting listed adult and juvenile MCR ESU 
steelhead. These include fisheries occurring in the Oregon portion of 
the Walla Walla River, the Umatilla River, the John Day River, the 
Deschutes River and in the smaller tributaries to the Columbia River in 
Oregon between the Hood River and the Deschutes River. The objective of 
these FMEPs is to harvest known, hatchery-origin steelhead and other 
fish species in a manner that does not jeopardize the survival and 
recovery of the MCR steelhead ESU. All fisheries included in these 
FMEPs will be managed such that only adult hatchery-origin steelhead 
that are adipose fin clipped may be retained. Impacts levels to listed 
MCR steelhead are specified in the FMEPs. Population viability analysis 
and risk assessments in the FMEPs indicate the extinction risk for 
listed steelhead under the proposed fishery impact levels to be low. A 
variety of monitoring and evaluation tasks are specified in the FMEPs 
to assess the abundance of steelhead, determine fishery effort and 
catch of steelhead and angler compliance. A review of compliance with 
the provisions of the FMEP will be conducted by ODFW annually and a 
comprehensive review to evaluate the effectiveness of the FMEPs will 
occur at a minimum of every five years. In the John Day River, ODFW has 
also proposed a consumptive fishery on listed naturally produced MCR 
steelhead that would be implemented only after specific conditions are 
achieved. This fishery is in addition to the selective fishery for 
hatchery-origin adults described here. The conditions are described in 
the FMEP ``John Day River Steelhead, Trout and Warmwater Fisheries.''
    ODFW has provided NMFS a draft of the Conservation Assessment of 
Steelhead Populations in Oregon (Assessment) as part of the FMEP 
submittal. The Assessment provides the population viability analysis 
and risk assessment developed for ODFW's FMEPs. This Assessment is also 
available for review and comment.
    As specified in the July 10, 2000 ESA 4(d) rule for salmon and 
steelhead (65 FR 42422), NMFS may approve an FMEP if it meets criteria 
set forth in Sec.  223.203 (b)(4)(i)(A) through (I). Prior to final 
approval of an FMEP, NMFS must publish notification announcing its 
availability for public review and comment.

AuthoritY

    Under section 4 of the ESA, the Secretary of Commerce is required 
to adopt such regulations as he deems necessary and advisable for the 
conservation of species listed as threatened. The ESA salmon and 
steelhead 4(d) rule (65 FR 42422, July 10, 2000) specifies categories 
of activities that contribute to the conservation of listed salmonids 
and sets out the criteria for such activities. The rule further 
provides that the prohibitions of paragraph (a) of the rule do not 
apply to activities associated with fishery harvest provided that an 
FMEP has been approved by NMFS to be in accordance with the salmon and 
steelhead ESA 4(d) rule (65 FR 42422, July 10, 2000).

    Dated: April 30, 2001.
Margaret Lorenz,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 01-11316 Filed 5-3-01; 8:45 am]
BILLING CODE 3510-22-S