[Federal Register: November 9, 2001 (Volume 66, Number 218)]
[Notices]
[Page 56656-56657]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09no01-48]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 102301A]
Endangered and Threatened Species; Take of Anadromous Fish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of final determination and discussion of underlying
biological analysis.
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SUMMARY: NMFS has evaluated the Tribal Resource Management Plan (Tribal
Plan) submitted by the Nez Perce Tribe pursuant to the protective
regulations promulgated for Snake River spring/summer chinook salmon
under the Endangered Species Act (ESA). The Tribal Plan specifies the
management of tribal and recreational fisheries (operated by the State
of Oregon) in the Imnaha River, Oregon, that potentially affect listed
Snake River spring/summer chinook salmon. This document serves to
notify the public that NMFS, by delegated authority from the Secretary
of Commerce, has determined that implementing and enforcing the Tribal
Plan will not appreciably reduce the likelihood of survival and
recovery of the Snake River spring/summer chinook salmon Evolutionarily
Significant Unit (ESU). This document also includes a summary of the
underlying biological analysis used in the determination (Evaluation).
DATES: The final determination on the take limit was made on August 31,
2001.
ADDRESSES: Hatcheries and Inland Fisheries Branch, Sustainable
Fisheries Division, National Marine Fisheries Service, 525 NE Oregon
Street, Suite 510, Portland, OR 97232-2737.
FOR FURTHER INFORMATION CONTACT: Herbert Pollard at: (208) 378-5614, or
e-mail: Herbert.Pollard@noaa.gov regarding the Tribal Plan.
SUPPLEMENTARY INFORMATION: This notice is relevant to the Snake River
spring/summer chinook salmon (Oncorhynchus tshawytscha) ESU.
Electronic Access
The final determination is available on the Internet at http://
www.nwr.noaa.gov/.
Background
The Nez Perce Tribe developed a Tribal Plan specifying the
management of tribal ceremonial and subsistence fisheries and non-
tribal recreational fisheries in the Imnaha River basin. The Tribal
Plan includes recreational fisheries specified by the Oregon Department
of Fish and Wildlife, acting as an agent of the Nez Perce Tribe, that
take place in the same waters and the same time frame as the tribal
ceremonial and subsistence fisheries. The fisheries are intended to
provide harvest opportunity for tribal and non-Indian fishers on spring
chinook salmon returning to the Imnaha River in year 2001. The Tribal
Plan also includes implementation, evaluation, enforcement, and
reporting procedures designed to ensure the fisheries are consistent
with continuing conservation and restoration objectives. The Tribal
Plan describes fishery activities proposed to occur only in year 2001.
On May 16, 2001, at 66 FR 27069, NMFS published a notice of
availability for public review and comment on its evaluation of how the
Tribal Plan
[[Page 56657]]
addressed the standards of 50 CFR 223.209 (65 FR 42481, July 10, 2000),
the ESA Tribal Plan Limit.
As required by Sec. 223.209, NMFS must determine whether the
Tribal Plan would appreciably reduce the likelihood of survival and
recovery of the Snake River spring/summer chinook salmon ESU, and must
seek public comment on its pending determination.
Discussion of the Biological Analysis Underlying the Determination
The Tribal Plan describes fishery management activities within the
context of broader artificial propagation activities in the Imnaha
River. The Nez Perce Tribe and the State of Oregon have co-manager
responsibilities for spring chinook salmon within the Imnaha River sub-
basin and manage this salmon population under cooperative agreements.
The Tribe and state are responsible for managing fisheries and
conservation-related artificial propagation programs that operate in
the watershed. The objective of the Tribal Plan is to harvest spring
chinook in a manner consistent with the overall objectives for chinook
salmon in this watershed.
Impact levels to the listed spring chinook populations in the ESU
are specified in the Tribal Plan. Analysis of the predicted return of
naturally and hatchery-produced spring chinook salmon to the Imnaha
River basin in year 2001 and the proposed harvest levels indicates that
all hatchery brood stock and supplemental spawning needs will be met.
Natural spawning escapement is projected to be approximately 133
percent of the previously highest count, after the proposed fisheries.
The harvest proposal is based on a 10-percent impact on a total return
that has been estimated at 6,700 fish. Included in the actions proposed
by the Tribal Plan are tribal and state fisheries which would harvest
670 adult and jack chinook salmon. The Evaluation concludes that the
proposed harvest will not interfere with brood stock collection goals
and supplemental releases of fish for natural spawning while still
allowing a projected return of over 3,000 adult naturally produced
spring chinook. NMFS determined that the fishery management activities
included in the Tribal Plan will not appreciably reduce the likelihood
of survival and recovery of the ESU in the wild based on the current
status of this component population. A comprehensive review of the
Tribal Plan to evaluate whether the fisheries and listed spring chinook
populations are performing as expected will be done at the end of the
proposed 2001 season.
Summary of Comments Received in Response to the Proposed Evaluation
and Recommendation Document
NMFS published notification of its draft evaluation and pending
determination on the Tribal Plan for public review and comment on May
16, 2001 (66 FR 27069). The public comment period closed on May 29,
2001. NMFS received no comments concerning this document.
Based on its Evaluation and the fact that no public comments were
received, NMFS issued its final determination on the Tribal Plan on
August 31, 2001.
Under section 4 of the ESA, NMFS, by delegated authority from the
Secretary of Commerce, is required to adopt such regulations as it
deems necessary and advisable for the conservation of the species
listed as threatened. The ESA Tribal Plan Limit at 50 CFR 223.209
states that the ESA section 9 take prohibitions will not apply to any
activity undertaken by a tribe, tribal member, tribal permittee, tribal
employee, or tribal agent in compliance with a Tribal Plan determined
by NMFS to not appreciably reduce the likelihood of survival and
recovery of the listed salmonids.
Dated: November 6, 2001.
Margaret Lorenz,
Acting Chief, Endangered Species Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 01-28239 Filed 11-8-01; 8:45 am]
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