65FR37524 Notice of Decision and Availability of Decision Documents on the Issuance of a Permit for Incidental Takes of Threatened and Endangered Species
robop...@us.govnews.org
Posting-number: Volume 65, Issue 116, Page 37524
[Federal Register: June 15, 2000 (Volume 65, Number 116)]
[Notices]
[Page 37524]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jn00-31]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 041000B] [A]
Notice of Decision and Availability of Decision Documents on the
Issuance of a Permit for Incidental Takes of Threatened and Endangered
Species
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration, Commerce.
ACTION: Notice of decision and availability of decision documents on
the issuance of a permit (1233) for incidental takes of endangered and
threatened species.
-----------------------------------------------------------------------
SUMMARY: This notice advises the public that a decision on the
application for an incidental take permit by the State of Idaho
Department of Fish and Game (IDFG), pursuant to section 10(a)(1)(B) of
the Endangered Species Act of 1973 (ESA), has been made and that the
decision documents are available upon request.
DATES: Permit 1233 was issued on May 26, 2000, subject to certain
conditions set forth therein, and expires on December 31, 2004.
ADDRESSES: Requests for copies of the decision documents or any of the
other associated documents should be directed to the Hatcheries and
Inland Fisheries Branch, Sustainable Fisheries Division, F/NWO3, NMFS,
525 NE Oregon Street, Suite 510, Portland, OR 97232-2737 (503-230-
5407).
FOR FURTHER INFORMATION CONTACT: Herbert Pollard, Portland, OR, at
phone number: (208) 378-5614, fax: (208) 378-5699, or e-mail:
Herbert...@noaa.gov
SUPPLEMENTARY INFORMATION: The following species and evolutionary
significant units (ESU's) are covered in the permit: Chinook salmon
(Oncorhynchus tshawytscha): threatened Snake River (SnR) spring/summer,
threatened SnR fall.
Sockeye salmon (O. nerka): endangered SnR.
Steelhead (O. mykiss): threatened SnR.
Decision
Notice was published on April 19, 2000 (65 FR 20951) that IDFG
applied for a section 10(a)(1)(B) permit for annual incidental takes of
ESA-listed anadromous fish associated with otherwise lawful
recreational fisheries on non-listed species in the Snake, Salmon, and
Clearwater River Basins and the Stanley Basin lakes in the State of
Idaho in the Pacific Northwest. IDFG submitted a Conservation Plan with
its permit application that describes measures designed to monitor,
minimize, and mitigate the incidental taking of ESA-listed anadromous
salmonids associated with the sport-fisheries, some or all of which are
expected to occur annually for the duration of the permit.
NMFS' decision is to adopt the preferred alternative in the
Conservation Plan together with the preferred alternative in the
Environmental Assessment that was completed for this permit action and
issue a permit with conditions authorizing incidental takes of the ESA-
listed anadromous fish species. This decision is based on a thorough
review of the alternatives and their environmental consequences. NMFS'
conditions will ensure that the incidental takes of ESA-listed
anadromous fish will not appreciably reduce the likelihood of the
survival and recovery of the species in the wild. By adopting the
preferred alternative in the Conservation Plan, with the Conservation
Plan's stated assurances that IDFG's mitigation program will be
implemented, all practicable means to avoid or minimize harm have been
adopted.
IDFG requested an annual incidental take of threatened SnR
steelhead. Protective regulations are currently proposed for SnR
steelhead (64 FR 73479, December 30, 1999). NMFS did not act on that
part of IDFG's permit application. In the future, when NMFS promulgates
final rules under section 4(d) of the ESA that will provide take
prohibitions for threatened SnR steelhead, NMFS may amend the permit to
include the authorization for an incidental take of this species as
IDFG requested in its application. Issuance of the permit does not
presuppose the contents of the eventual protective regulations.
Rationale for Decision
The decision to issue the permit was made because the Conservation
Plan proposed by IDFG meets the statutory criteria for issuance of an
incidental take permit under section 10 of the ESA. In issuing the
permit, NMFS determined that IDFG's Conservation Plan provides adequate
mitigation measures to avoid, minimize, and/or compensate for the
anticipated takes of ESA-listed anadromous fish.
The permit was granted only after NMFS determined that the permit
was applied for in good faith, that all permit issuance criteria were
met, including the requirement that granting the permit would not
jeopardize the continued existence of the species, and that the permit
is consistent with the purposes and policies set forth in the
Endangered Species Act of 1973, as amended.
Dated: June 9, 2000.
Wanda L. Cain,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 00-15177 Filed 6-14-00; 8:45 am]
BILLING CODE 3510-22-F