[Federal Register Volume 64, Number 175 (Friday, September 10, 1999)]
[Notices]
[Pages 49165-49166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23628]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 082799C]


Endangered Species; Permits

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

ACTION: Receipt of an application to modify an enhancement permit 
(895); issuance of modifications to an existing scientific research 
permit (1144).

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SUMMARY: Notice is hereby given of the following actions regarding 
permits for takes of endangered and threatened species for the purposes 
of scientific research and/or enhancement: NMFS has received an 
application for a modifications to an existing permit from the U.S. 
Army Corps of Engineers at Walla Walla, WA (Corps) (895); and NMFS has 
issued a modification to a scientific research permit to Mr. Bruce D. 
Peery, Michael J. Bresette and Jonathan C. Gorham (1144).

DATES: Written comments or requests for public hearings on the new 
modification request must be received on or before October 12, 1999.
ADDRESSES: The applications and related documents are available for 
review in the following offices, by appointment:
    For permit 895: Protected Resources Division, F/NWO3, 525 NE Oregon 
Street, Suite 500, Portland, OR 97232-4169 (503-230-5400).
    For permit 1144: Office of Protected Resources, Endangered Species 
Division, F/PR3, 1315 East-West Highway, Silver Spring, MD 20910 (301-
713-1401).

FOR FURTHER INFORMATION CONTACT:
    For permit 895: Robert Koch, Portland, OR (503-230-5424).
    For permit 1144: Terri Jordan, Silver Spring, MD (301-713-1401).

SUPPLEMENTARY INFORMATION:

Authority

    Issuance of permits and permit modifications, as required by the 
Endangered Species Act of 1973 (16 U.S.C. 1531-1543) (ESA), is based on 
a finding that such permits/modifications: (1) Are applied for in good 
faith; (2) would not operate to the disadvantage of the listed species 
which are the subject of the permits; and (3) are consistent with the 
purposes and policies set forth in section 2 of the ESA. Authority to 
take listed species is subject to conditions set forth in the permits. 
Permits and modifications are issued in accordance with and are subject 
to the ESA and NMFS regulations governing listed fish and wildlife 
permits (50 CFR parts 222-226).
    Those individuals requesting hearings on an application listed in 
this notice should set out the specific reasons why hearings on that 
application would be appropriate (see ADDRESSES). The holding of such 
hearings are at the discretion of the Assistant Administrator for 
Fisheries, NOAA. All statements and opinions contained in the permit 
action summaries are those of the applicant and do not necessarily 
reflect the views of NMFS.

Species Covered in this Notice

    The following species and evolutionarily significant units (ESU's) 
are covered in this notice:

Sea Turtles

    Green turtle (Chelonia mydas), Kemp's ridley turtle (Lepidochelys 
kempii), Loggerhead turtle (Caretta caretta).

Fish

    Chinook salmon (Oncorhynchus tshawytscha): Snake River (SnR) fall, 
SnR spring/summer, upper Columbia River (UCR) spring.
    Sockeye salmon (Oncorhynchus nerka): SnR.
    Steelhead trout (Oncorhynchus mykiss): UCR.

Modification Request Received

    The Corps requests a modification to enhancement permit 895. For 
the modification, the Corps requests an increase in the take of 
juvenile, threatened, naturally produced, SR spring/summer chinook 
salmon associated with the juvenile fish transportation program. The 
increase in take is requested because an unusually large number of wild 
juvenile spring/summer chinook salmon smolts survived the winter, due 
to very favorable rearing conditions, and are migrating out of the 
Snake River and are being collected and transported at the Corps' 
projects in 1999. The 1998 supplement to the biological opinion 
prepared by NMFS for the operation of the Federal hydropower system 
requires the transportation of all juvenile fish at the Snake River 
projects with transportation facilities. ESA-listed juvenile fish are 
proposed to be collected at the dams, transported downriver past the 
dams in aerated barges and trucks, and released below the dams to aid 
their outmigration to the Pacific Ocean. The Corps is not requesting an 
increase in ESA-listed juvenile fish indirect mortalities. The permit 
modification is requested to be valid for the duration of the permit.

Status of Previous Modification Request

    Notice was published on April 21, 1999 (64 FR 19515), that an 
application had been filed by the Corps for a modification to 
enhancement permit 895. Permit 895 authorizes the Corps annual takes of 
ESA-listed juvenile fish associated with the operation of the juvenile 
fish transportation program at four hydroelectric projects on the Snake 
and Columbia Rivers in the Pacific Northwest. Permit 895 also 
authorizes the Corps annual incidental takes of ESA-listed adult 
salmonids associated with fallbacks through the juvenile fish bypass 
systems at the four dams. The purpose of the modification request was 
to include takes of juvenile, endangered, naturally produced and 
artificially propagated, UCR spring chinook salmon in the permit. Since 
the effective date of the take prohibitions for this endangered species 
was May 24, 1999, and since the Corps' juvenile fish

[[Page 49166]]

 transportation program at McNary Dam started in June near the end of 
the juvenile UCR spring chinook salmon outmigration season, NMFS 
determined that the take of UCR spring chinook salmon by the Corps 
would be incidental in 1999 and could be addressed through the section 
7 consultation process. Permit 895 expires on December 31, 1999.

Permit Modification Issued

    Notice was published on May 13, 1999 (64 FR 25873), that Mr. Bruce 
D. Peery, Michael J. Bresette and Jonathan C. Gorham applied for a 
modification to permit 1144. Modification #1 authorizes a 1-year 
scientific research permit to take listed sea turtles. Up to 75 green, 
25 loggerhead and 5 Kemp's ridley turtles will be taken in large mesh 
tangle nets for the purposes of stock assessment to characterize the 
sea turtles that utilize the southern Indian River Lagoon System, 
Florida. Captured turtles will be weighed, photographed, measured, 
tagged, and released. Notice is hereby given that on June 23, 1998, 
NMFS issued permit 1144. Modification #1 to Permit 1144 was issued on 
August 20, 1999, authorizing take of listed species. Permit 1144 
expires July 31, 2000.

    Dated: September 3, 1999.
Craig Johnson,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 99-23628 Filed 9-9-99; 8:45 am]
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