[Federal Register: June 29, 2007 (Volume 72, Number 125)]
[Notices]
[Page 35693-35695]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jn07-32]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XB05
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 NMFS has received updated Fishery
Management and Evaluation Plans (FMEPs) from the Oregon Department of
Fish and Wildlife (ODFW) pursuant to the protective regulations
promulgated for Middle Columbia River (MCR) steelhead (Oncorhynchus
mykiss) under the Endangered Species Act. The FMEPs, together with an
FMEP submitted previously by the Washington Department of Fish and
Wildlife (WDFW), specify the future management of inland recreational
fisheries potentially affecting MCR steelhead. Notice is also hereby
given that a draft Environmental Assessment (EA) for tributary
fisheries affecting MCR steelhead in Oregon and Washington has been
drafted by NMFS. The EA analyzes the impacts of NMFS' approval or
disapproval of the proposed tributary fisheries for steelhead, trout,
and other species in the MCR steelhead distinct population segment
(DPS). This document serves to notify the public of the availability of
the FMEPs and the EA for review and comment before final
[[Page 35694]]
approval or disapproval is made by NMFS.
DATES: Written comments on the application and draft EA must be
received at the appropriate address or fax number (see ADDRESSES) no
later than 5 p.m. Pacific daylight time on July 30, 2007.
ADDRESSES: Written comments on the application should be sent to Rich
Turner, National Marine Fisheries Services, Salmon Recovery Division,
1201 N.E. Lloyd Boulevard, Suite 1100, Portland, OR 97232. Comments may
also be submitted by e-mail to: steelheadFMEP.nwr@noaa.gov. Include in
the subject line of the e-mail comment the following identifier:
Comments on the Middle Columbia steelhead FMEPs. Comments may also be
sent via facsimile (fax) to (503) 872-2737. Requests for copies of the
permit application should be directed to the National Marine Fisheries
Services, Salmon Recovery Division, 1201 N.E. Lloyd Boulevard, Suite
1100, Portland, OR 97232. The documents are also available on the
Internet at http://www.nwr.noaa.gov. Comments received will also be available
for public inspection, by appointment, during normal business hours by
calling (503) 230-5418.
FOR FURTHER INFORMATION CONTACT: Rich Turner at (503) 736-4737 or e-
mail: rich.turner@noaa.gov.
SUPPLEMENTARY INFORMATION: This notice is relevant to the following
species and distinct population segments (DPSs):
Steelhead (Oncorhynchus mykiss): threatened, Middle Columbia River.
Background
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. As specified in the July 10, 2000, ESA 4(d) rule
for salmon and steelhead (65 FR 42422), as updated in 71 FR 834,
January 5, 2006, NMFS may approve an FMEP if it meets criteria set
forth in 50 CFR 223.203(b)(4)(i)(A) through (I), thereby limiting the
application of take prohibitions to actions described in that FMEP.
Prior to final approval of an FMEP, NMFS must publish notification
announcing its availability for public review and comment.
The ODFW had previously submitted FMEPs to NMFS for fisheries in
the Middle Columbia region, and those FMEPs were made available for
public review on May 4, 2001 (66 FR 22532). Due to comments received
regarding a proposed consumptive fishery on natural-origin steelhead in
the John Day River basin and concerns with the critical and viable
abundance thresholds proposed within the ODFW FMEPs, the FMEPs were not
approved by NMFS. To address these concerns, the FMEPs were updated and
resubmitted to NMFS for approval in 2005. The FMEPs submitted to NMFS
by the ODFW include plans addressing recreational fisheries in the
Deschutes River basin, the Umatilla River basin, the John Day River
basin, and the Walla Walla River basin in Oregon. These FMEPs include
fisheries occurring in all Oregon tributaries to the Middle Columbia
River from Chenoweth Creek upstream to and including the Oregon portion
of the Walla Walla River. The WDFW submitted an FMEP to NMFS in 2003
that was made available for public comment on July 1, 2003 (68 FR
39066). This FMEP covers steelhead, trout, and warmwater fisheries in
Washington tributaries to the Middle Columbia River from the Klickitat
River upstream to the Yakima and Walla Walla rivers, excluding the
Snake River.
The objective of the fisheries described in the five FMEPs is to
harvest known hatchery-origin summer steelhead and other fish species
in a manner that does not appreciably reduce the survival and recovery
of the listed MCR steelhead DPS. All fisheries included in these FMEPs
will be managed such that only hatchery-origin steelhead that are
adipose fin clipped may be retained. Impact levels on listed MCR
steelhead are specified in all five FMEPs. Population viability
analysis and risk assessments in the FMEPs indicate that the extinction
risk for listed steelhead would not increase appreciably as a result of
the proposed fishery impact levels. 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 monitor
angler compliance. A review of compliance with the provisions of the
FMEPs will be conducted by the state fisheries agencies annually and a
comprehensive review to evaluate the effectiveness of the FMEPs will
occur at a minimum every 5 years.
As specified in the July 10, 2000 ESA 4(d) rule for salmon and
steelhead (65 FR 42422) as updated on January 5, 2006 (71 FR 834), NMFS
may approve an FMEP if it meets criteria set forth in 50 CFR
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.
The draft EA analyzes impacts of NMFS' approval or disapproval of
the four FMEPs re-submitted by ODFW listed above, and the FMEP for the
Middle Columbia region submitted to NMFS by the WDFW.
The National Environmental Policy Act (NEPA) requires that Federal
agencies conduct and environmental analysis of their actions to
determine if the actions may affect the human environment. Accordingly,
NMFS has prepared a draft EA that analyzes the impacts of the approval
or disapproval of the six FMEPs, and is making it available for public
review and comment. The draft EA analyzes two alternatives: (1) No
Action (NMFS does not approve the FMEPs as qualifying for limitation on
take prohibitions under the ESA 4(d) rule); and (2) the Proposed Action
Alternative (NMFS's approval of the FMEPs pursuant to Limit 4 of the
ESA 4(d) rule).
NEPA requires Federal agencies to conduct an environmental analysis
of their proposed actions to determine if the actions may affect the
human environment. NMFS expects to take action on the five submittals
from the ODFW and WDFW. Therefore, NMFS is seeking public input on the
scope of the required NEPA analysis, including the range of reasonable
alternatives and associated impacts of any alternatives.
This notice is provided pursuant to the NEPA regulations (40 CFR
1506.6). The final NEPA determination will not be completed until after
the end of the 30-day comment period and after NMFS has fully
considered all comments received during the public comment period.
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, as updated in 71 FR
834, January 5, 2006) 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 4(d) rule.
NEPA authorization: 16 U.S.C. 1531 et seq.
[[Page 35695]]
Dated: June 25, 2007.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E7-12654 Filed 6-28-07; 8:45 am]
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