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[Federal Register: June 6, 2002 (Volume 67, Number 109)]
[Notices]               
[Page 38940]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jn02-40]                         

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 052402B]

 
Endangered and Threatened Species; Take of Anadromous Fish

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

ACTION: Issuance of permit 1387.

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SUMMARY: Notice is given that NMFS has issued permit 1387 to Thomas 
Gaffney, Special Agent of the NMFS Office of Law Enforcement in Santa 
Maria, California, that authorizes takes of Endangered Species Act-
listed anadromous fish species for enhancement purposes (rescue and 
salvage), subject to certain conditions set forth in this document.

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

FOR FURTHER INFORMATION CONTACT: Daniel Logan, Protected Resources 
Division, NMFS, Santa Rosa, California, (707) 575-6053, or e-mail: 
<A HREF="mailto:dan.logan@noaa.gov">dan.logan@noaa.gov</A>.

SUPPLEMENTARY INFORMATION:

Species Covered in this Notice

    The following species and evolutionarily significant units (ESUs) 
are covered in this notice: Southern California steelhead (Oncorhynchus 
mykiss) ESU.
    Issuance of this permit, as required by the ESA, was based on a 
finding that such issuance (1) was 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) is consistent with the purposes and 
policies set forth in section 2 of the ESA. This permit was issued in 
accordance with, and is subject to, part 222 of title 50 CFR, the NMFS' 
regulations governing listed species permits.
    Thomas Gaffney has monitored water quality in Mission Creek and has 
noted that conditions are deteriorating rapidly and that the stream is 
drying. Gaffney, having observed steelhead in residual pools in the 
stream, and dead steelhead in some pools, believes that the remaining 
live steelhead cannot leave the pools and will perish without 
intervention. The NMFS SWR believes that, because the health and life 
of the animals are in danger, the issuance of permit 1387 is an urgent 
action and sufficient to qualify as an emergency situation consistent 
with CFR 222.303(g).

Permit Issued

    Permit 1387 was issued on May 22, 2002. This permit includes the 
following take limits: (1) Thomas Gaffney is authorized to rescue up to 
250 ESA-listed juvenile Southern California steelhead from habitat 
areas where conditions are likely to result in imminent mortality; (2) 
Thomas Gaffney is authorized to transport and release rescued steelhead 
into NMFS-approved habitat areas within the same watershed where the 
chance of long-term survival is increased; (3) Thomas Gaffney is 
authorized to take tissue samples from all rescued fish; and (4) the 
expiration date of Permit 1387 is December 31, 2002.

    Dated: May 31, 2002.
Phil Williams,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 02-14237 Filed 6-5-02; 8:45 am]
BILLING CODE 3510-22-S

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