[Federal Register Volume 69, Number 69 (Friday, April 9, 2004)]
[Notices]
[Pages 18874-18875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8113]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 032404A]


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 joint resource management plan (RMP) 
for artificial propagation, research, monitoring, and evaluation of 
Ozette Lake sockeye salmon provided by the Makah Tribe and, as resource 
co-manager, the Washington Department of Fish and Wildlife (WDFW), 
pursuant to the protective regulations promulgated for Ozette Lake 
sockeye salmon under the Endangered Species Act (ESA). The RMP 
specifies implementation of artificial propagation, research, 
monitoring, and evaluation measures that potentially affect listed 
Ozette Lake sockeye salmon. This document serves to notify the public 
that NMFS, by delegated authority from the Secretary of Commerce, has 
determined pursuant to the ESA 4(d) Tribal Rule and the government-to-
government processes therein that implementing and enforcing the RMP 
will not appreciably reduce the likelihood of survival and recovery of 
the Ozette Lake sockeye salmon Evolutionarily Significant Unit (ESU).

DATES: The final determination on the take limit was made on July 17, 
2003.

ADDRESSES: Salmon Recovery Division, National Marine Fisheries Service, 
525 N.E. Oregon St., Suite 510, Portland, OR 97232.

FOR FURTHER INFORMATION CONTACT: Tim Tynan at phone number: (360) 753-
9579, or e-mail: [email protected].

SUPPLEMENTARY INFORMATION: This notice is relevant to the Ozette Lake 
sockeye salmon (Oncorhynchus nerka) Evolutionarily Significant Unit 
(ESU).
    Electronic Access: The full texts of NMFS' determination, and the 
final Evaluation are available on the Internet at http://www.nwr.noaa.gov/

Background

    The Makah Tribe and, as co-managers of the fisheries resource with 
the Tribe, Washington Department of Fish and Wildlife (WDFW) (Co-
managers), provided a joint Resource Management Plan (RMP) for 
artificial propagation and associated research, monitoring and 
evaluation actions that will affect listed Ozette Lake sockeye salmon. 
The joint RMP was prepared and submitted to NOAA Fisheries by the co-
managers as a framework through which the tribal and the state 
jurisdiction will jointly manage sockeye salmon artificial propagation, 
research, monitoring, and evaluation activities while meeting 
requirements specified under the Endangered Species Act (ESA). The RMP 
guides co-manager activities proposed to increase the number of 
naturally spawning sockeye salmon in Ozette Lake tributaries, and to 
collect scientific information regarding factors limiting the 
productivity of listed Ozette Lake sockeye salmon, including the 
potential effects of hatchery sockeye salmon production. On August 1, 
2002, NMFS published notice in the Federal Register on its ESA 4(d) 
Rule evaluation and recommended determination of how the Ozette Lake 
sockeye salmon RMP addressed the criteria in Sec.  223.203 (b)(5) of 
the ESA 4 (d) rule of the RMP (67 FR 49905). In response to public 
requests, on October 4, 2002, NMFS published an additional notice in 
the Federal Register extending the public review and comment period on 
the ESA 4(d) Rule evaluation and recommended determination regarding 
the RMP (67 FR 62229).
    As required by Sec.  223.203 (b)(6) of the ESA 4 (d) rule, NMFS 
must determine pursuant to 50 CFR 223.209 and pursuant to the 
government-to-government processes therein whether the RMP for Ozette 
Lake sockeye salmon would appreciably reduce the likelihood of survival 
and recovery of the Ozette Lake sockeye salmon ESU. NMFS must take 
comments on how the RMP addresses the criteria in Sec.  223.203 (b)(5) 
in making that determination.

Discussion of the Biological Analysis Underlying the Determination

    Implementation of the artificial propagation actions proposed in 
the RMP is likely to benefit the abundance, productivity, spatial 
structure, and diversity of Ozette Lake sockeye salmon. Measures based 
on the best available science are applied in the artificial propagation 
portion of the RMP to ensure that the program is implemented in a 
manner that is adequately protective of the listed sockeye salmon ESU. 
The primary purpose of the proposed hatchery program is the creation of 
self-sustaining sockeye salmon populations in Ozette Lake tributaries 
where past sockeye salmon spawning and production may have occurred, 
and where kokanee (land-locked O. nerka) populations are very small. If 
successful, the tributary stocking program will extend the range of 
Ozette Lake sockeye salmon within critical habitat for the listed ESU, 
potentially increasing natural-origin sockeye salmon abundance, the 
diversity of sockeye salmon life history traits and behavior, and 
possibly the morphological and genetic characteristics of sockeye 
salmon included in the ESU. The hatchery program will rely on 
indigenous stock-origin sockeye salmon adults returning to Ozette Lake 
tributaries, and extant lake spawning aggregations will not be 
collected for use as hatchery broodstock. Annual collection of up to 
200 sockeye salmon adults from Umbrella Creek will lead to the 
production of approximately 80,000 unfed and fed sockeye fry for 
release into Umbrella Creek and approximately 133,000 unfed and fed 
sockeye fry into Big River. Applying an estimated fry to returning 
adult survival rate of 0.6% from the RMP to the total fry releases at 
the two locations, beginning in 2004, 480 adult sockeye may return to 
Umbrella Creek and 798 adults may return to Big River each year as a 
direct result of tributary hatchery program juvenile sockeye releases. 
Additional natural-origin adult fish produced by hatchery program-
origin fish that spawn naturally in the

[[Page 18875]]

tributaries will return concurrently with the direct hatchery-origin 
adult sockeye.
    The program's 12-year, or three-sockeye salmon generations per 
release site, duration is intended to address the concern that repeated 
enhancement of the same population segment might result in a decrease 
in effective population size of the target population. It also limits 
the length of time natural-origin sockeye salmon are exposed to 
potentially deleterious selective effects of hatchery conditions to a 
few generations, minimizing the likelihood for divergence between 
hatchery and natural-origin fish within the supplemented stock. 
Limitation of fish rearing in the hatchery to the fry life stage 
minimizes the degree of human intervention in the natural life cycle, 
which also acts to decrease the risk of inadvertent hatchery selection 
effects.
    Actions resulting in removal of listed sockeye salmon adults from 
the natural environment for artificial propagation are confined to the 
tributary broodstock collection program (listed NOR tributary-origin 
fish), and a study addressing beach-spawned egg and fry survival. The 
actual numbers of adults returning each year to the Ozette Lake sockeye 
salmon ESU will be substantially higher than total numbers proposed for 
take through these actions. The tributary broodstock program is focused 
on hatchery-origin sockeye salmon returns, and will not lead to the 
take of adult fish from the core, listed lake spawning population. 
Monitoring programs are implemented to ensure that injury and mortality 
rates for adult sockeye salmon collected as broodstock are minimized, 
and that egg-to-release survival rates for sockeye progeny brought into 
the hatchery are maximized. Proposed listed sockeye salmon removals 
from the spawning beaches for research purposes will be very low 
relative to total annual returns to the lake, and unlikely to impair 
population survival and recovery.
    Research, monitoring, and evaluation activities included in the RMP 
have not been identified as factors for decline of the Ozette Lake 
sockeye salmon ESU, and are generally considered an essential part of 
salmon recovery efforts. For these programs, the co-managers worked 
with NMFS and cooperating agencies to develop projects that will 
benefit the conservation and recovery of the listed species. The 
projects will provide information that will enhance the ability to make 
more effective and responsible decisions to aid listed sockeye salmon. 
The resulting data will enhance knowledge about Ozette Lake sockeye 
salmon life history, specific biological requirements, genetic make-up, 
migration timing, responses to anthropogenic impacts, and survival in 
various parts of the ESU's range. This information will also benefit 
scientific understanding of sockeye salmon productivity in Ozette Lake, 
and of factors limiting sockeye abundance and productivity. The results 
of the research are essential for making determinations regarding 
listed sockeye salmon recovery needs. The RMP also includes provisions 
for annual reports. Annual reports will assess compliance with 
performance standards established through the RMP. Reporting and 
inclusion of new information derived from RMP research, monitoring, and 
evaluation activities provides assurance that performance standards 
will be achieved in future seasons. NMFS' evaluation is available on 
the Salmon Recovery Division web site (see Electronic Access, under the 
heading, SUPPLEMENTARY INFORMATION).

Summary of Comments Received in Response to the Proposed Evaluation and 
Pending Determination

    NMFS published notice of its proposed evaluation and pending 
determination on the RMP for public review and comment on August 1, 
2002 (67 FR 49905), and again on October 4, 2002 (67 FR 62229). During 
the 45 days that the documents were available for public comment, two 
organizations and one private citizen submitted comments to NMFS. 
Several comments were addressed in NMFS' final Evaluation and 
Recommended Determination document, but no substantive changes were 
required to the RMP. Generally, public comments on both documents 
concerned clarification of aspects of the analyses, and did not 
represent objections to the proposed action. The major topics raised 
involved the relationship between the tributary sockeye salmon 
populations that are the target of the propagation programs and the 
ESA-listed beach-spawning populations, and the potential future 
application of fisheries in the action area. As summarized above, the 
RMP considered in the NMFS evaluation document does not propose 
hatchery supplementation of the beach-spawning sockeye salmon 
population, nor the initiation of any fisheries. Any future proposals 
regarding these actions will necessitate reinitiation of evaluation and 
determination processes by NMFS to determine compliance with ESA 
protective provisions. A detailed summary of the comments and NMFS' 
responses is also available on the Salmon Recovery Division website. 
Based on its evaluation and recommended determination and taking into 
account the public comments, NMFS issued its final determination on the 
Ozette Lake sockeye salmon RMP.

Authority

    Under section 4 of the ESA, the Secretary of Commerce is required 
to adopt such regulations as he deems necessary and advisable for the 
conservation of species listed as threatened. The ESA salmon and 
steelhead 4(d) rule (65 FR 42422, July 10, 2000) specifies categories 
of activities that contribute to the conservation of listed salmonids 
and sets out the criteria for such activities. The rule further 
provides that the prohibitions of paragraph (a) of the rule do not 
apply to actions undertaken in compliance with a RMP developed jointly 
by the State of Washington and the Tribes and determined by NMFS to be 
in accordance with the salmon and steelhead 4 (d) rule (65 FR 42422, 
July 10, 2000).

    Dated: March 30, 2004.
Susan Pultz,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 04-8113 Filed 4-8-04; 8:45 am]
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