[Federal Register Volume 66, Number 129 (Thursday, July 5, 2001)]
[Proposed Rules]
[Pages 35407-35408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16843]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 223
[I.D. 062701A]
Endangered and Threatened Species; Take of Anadromous Fish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 35408]]
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 Northwest Indian Fisheries Commission (NWIFC),
presented by the Bureau of Indian Affairs, Portland, OR on behalf of
the Northwest Indian Tribes for tribal research and assessment
activities pursuant to the protective regulations promulgated for Puget
Sound chinook salmon under the Endangered Species Act (ESA). The Tribal
Plan specifies the future scientific research and assessment activities
in the Puget Sound region that potentially affect listed Puget Sound
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 Puget Sound chinook
salmon Evolutionarily Significant Unit (ESU). This document also
includes a summary of the underlying biological analysis used in the
determination (Evaluation).
DATES: The determination of the take limit was made on June 14, 2001.
ADDRESSES: Protected Resources Division, National Marine Fisheries
Service, 525 NE Oregon Street, Suite 500, Portland, OR 97232-2737.
FOR FURTHER INFORMATION CONTACT: Leslie Schaeffer at: 503/230-5433, or
e-mail: [email protected] regarding the Tribal Plan.
SUPPLEMENTARY INFORMATION: This document is relevant to the Puget Sound
chinook salmon (Oncorhynchus tshawytscha) ESU
Background
The NWIFC submitted a Tribal Plan, presented by the Bureau of
Indian Affairs on behalf of the Northwest Indian Tribes for scientific
research and assessment activities in the Puget Sound region affecting
the Puget Sound chinook salmon ESU. The activities are intended to
provide the technical basis for fisheries management and for the
conservation and restoration of salmon stocks and their habitat. The
Tribal Plan also includes implementation, monitoring, evaluation,
enforcement, and reporting procedures designed to ensure the research
is consistent with these objectives. The research activities described
in the Tribal Plan span a 5-year period beginning on January 1, 2001.
On April 12, 2001, at 66 FR 18904, NMFS published a notice of
availability for public review and comment on its Evaluation of how the
Tribal Plan addressed the factors in Sec. 223.209 (65 FR 42481, July
10, 2000) of the ESA Tribal Plan Limit.
As required by Sec. 223.209 of the ESA Tribal Plan Limit, NMFS must
determine whether the Tribal Plan would appreciably reduce the
likelihood of survival and recovery of the Puget Sound chinook salmon
and other affected threatened ESUs. NMFS must take comments on how the
Tribal Plan addresses the factors in Sec. 223.209 in making that
determination.
Discussion of the Biological Analysis Underlying the Determination
The Tribal Plan describes tribal research and assessment activities
in the Puget Sound region that provide the technical basis for
fisheries management and for the conservation and restoration of salmon
stocks and their habitat. The need for improved and more quantitative
understanding of salmonid freshwater and marine survival motivates much
of the current research. Many of the activities are also intended to
provide information for the planning, implementation, and monitoring of
habitat protection and restoration efforts. Tribal resource management
entities cooperate with the Washington Department of Fish and Wildlife
and other state and local agencies in many research activities. The
Tribal Plan describes only those activities that are principally funded
through, and managed by, tribal agencies.
The Tribal Plan is organized into three sections: (1) Spawning
escapement surveys, (2) smolt production studies, and (3) habitat
utilization and life history studies. Each section further describes
the significance of the research and assessment activities and the
sampling methods proposed.
It is NMFS' determination that the research and assessment
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 ESU. This research-related take is not expected
to reach a level that will significantly affect any single chinook
population in the ESU.
The Tribal Plan contains a section describing a protocol for
assuring that the level and extent of take associated with the
activities do not reduce the likelihood of survival and recovery of
this ESU. The Tribal Plan states that monitoring of take during the
course of each activity will determine whether take and mortality are
occurring at a level greater than the expected level. The Tribal Plan
contains procedures whereby the overall impact of research and
assessment activities can be regularly evaluated. Sampling methods and
schedules will be altered as necessary to minimize take. Annual reports
will include the actual take associated with each activity. NMFS will
be informed when take exceeds the projected level for any activity and
will be consulted regarding subsequent changes in methodology.
NMFS Evaluation contains general and specific conditions and
operating requirements the tribes will follow to have the Tribal Plan
Limit apply. Further, the Evaluation contains reporting requirements, a
modification process should the tribes propose new or modified
research, and a reevaluation process. This information will be used by
NMFS and the tribes at least annually or as needed to assess whether
impacts to listed fish are as expected, and to revise the Tribal Plan
as necessary.
Summary of Comments Received in Response to the Proposed Evaluation
and Recommended Determination
NMFS published notification of its evaluation and pending
determination on the Tribal Plan for public review and comment on April
12, 2001 (66 FR 18904). The public comment period closed on May 14,
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
June 14, 2001.
Authority
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 (65 FR 42481, July 10,
2000) 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: June 28, 2001.
Phil Williams,
Acting Chief, Endangered Species Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 01-16843 Filed 7-3-01; 8:45 am]
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