# Endangered Species; Permits

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A98-16373

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** June 19, 1998
- **Citation:** 63 FR 33632

## Text

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 061598D]

Endangered Species; Permits

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

ACTION: Receipt of applications for scientific research permits (1156,
1159); Issuance of scientific research permits (1095, 1120, 1140) and a
modification to a scientific research permit (994).

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SUMMARY: Notice is hereby given of the following actions regarding
permits for takes of listed species for the purposes of scientific
research and/or enhancement: NMFS has received permit applications
from: U.S. Environmental Protection Agency at Corvallis, OR (EPA)
(1156) and Robert L. Brownell, Jr., Southwest Fisheries Science Center,
National Marine Fisheries Service, La Jolla, CA (SWFSC) (1159); NMFS
has issued permits to: U.S. Bureau of Reclamation at Denver, CO (USBR)
(1095); Idaho Department of Fish and Game at Boise, ID (IDFG) (1120);
and the Environmental Conservation Division, Northwest Fisheries
Science Center, National Marine Fisheries Service, Seattle, WA (NWFSC-
ECD) (1140); and NMFS has issued a modification to a scientific
research permit to the Idaho

[[Page 33633]]

Cooperative Fish and Wildlife Research Unit at Moscow, ID (ICFWRU)
(994).

DATES: Written comments or requests for a public hearing on any of the
applications must be received on or before July 20, 1998.

ADDRESSES: The applications and related documents are available for
review in the following offices, by appointment:
For permits 994, 1095, 1120, 1140, 1156: Protected Resources
Division (PRD), F/NWO3, 525 NE Oregon Street, Suite 500, Portland, OR
97232-4169 (503-230-5400).
For permit 1159: Director, Southwest Region, NMFS, 501 West Ocean
Blvd., Suite 4200, Long Beach, CA 90802-4213 (310-980-4016).
All documents may also be reviewed by appointment in the Office of
Protected Resources, F/PR3, NMFS, 1315 East-West Highway, Silver
Spring, MD 20910-3226 (301-713-1401).

FOR FURTHER INFORMATION CONTACT: For permits 994 and 1120: Robert Koch,
Portland, OR (503-230-5424).
For permits 1095, 1140, and 1156: Tom Lichatowich, Portland, OR
(503-230-5438).
For permit 1159: Michelle Rogers, Endangered Species Division,
Silver Spring, MD (301-713-1401).

SUPPLEMENTARY INFORMATION:

Authority

Permits are requested under the authority of section 10 of the
Endangered Species Act of 1973 (ESA) (16 U.S.C. 1531-1543) and the NMFS
regulations governing ESA-listed fish and wildlife permits (50 CFR
parts 217-227).
Those individuals requesting a hearing on these requests for
permits should set out the specific reasons why a hearing would be
appropriate (see ADDRESSES]). The holding of such a hearing is at the
discretion of the Assistant Administrator for Fisheries, NOAA. All
statements and opinions contained in the below application summaries
are those of the applicant and do not necessarily reflect the views of
NMFS.
Issuance of the permits and modifications, as required by the ESA,
was based on a finding that such permits and modifications: (1) Were
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. These permits and modifications were also issued in accordance
with and are subject to parts 217-222 of Title 50 CFR, the NMFS
regulations governing listed species permits.

Species Covered in this Notice

The following species are covered in this notice: Chinook salmon
(Oncorhynchus tshawytscha), Coho salmon (Oncorhynchus kisutch),
Cutthroat trout (Oncorhynchus clarki clarki), Green sea turtle
(Chelonia mydas), Hawksbill sea turtle (Eretmochelys imbricata),
Leatherback sea turtle (Dermochelys coriacea), Loggerhead sea turtle
(Caretta caretta), Olive ridley sea turtle (Lepidochelys olivacea), and
Sockeye salmon (Oncorhynchus nerka).

New Applications Received

EPA (1156) requests a 5-year permit for direct takes of juvenile,
threatened, southern Oregon/northern California coast coho salmon;
adult and juvenile, endangered, Umpqua River cutthroat trout; juvenile,
threatened, naturally produced and artificially propagated, Snake River
spring/summer chinook salmon; and juvenile, threatened, Snake River
fall chinook salmon associated with research designed to collect data
in the South Upmqua, Rogue, and Snake Rivers. ESA-listed fish are
proposed to be captured using electrofishing, examined, and released.
The data will be used to enforce the Clean Water Act which will
increase the recovery potential of listed species. ESA-listed juvenile
fish indirect mortalities associated with the research are also
requested.
SWFSC (1159) has requested a 3-year scientific research permit to
take listed sea turtles opportunistically during marine mammal research
surveys in the eastern tropical Pacific. Authorization has been
requested to take up to 400 turtles over the 3-year period to include
the following species: olive ridley, green, leatherback, hawksbill, and
loggerhead. The turtles would be weighed, photographed, flipper tagged,
blood sampled, and tissue sampled. Additionally, stomach lavage would
be performed on captured turtles to identify prey items and up to 30
turtles would be outfitted with satellite transmitters. The purposes of
the proposed research are to obtain data on the geographic distribution
and stock assessment, migratory and dive behavior, and habitat needs
and primary foraging areas of turtles at sea.

Permits and Modifications Issued

Notice was published on March 6, 1998 (63 FR 11220) that an
application had been filed by ICFWRU for modification 3 to scientific
research permit 994. Modification 3 to permit 994 was issued to ICFWRU
on June 12, 1998. Permit 994 authorizes ICFWRU annual takes of adult,
threatened, Snake River spring/summer and fall chinook salmon and
adult, endangered, Snake River sockeye salmon associated with a study
designed to assess the passage success of migrating adult salmonids at
the four dams and reservoirs in the lower Columbia River, evaluate
specific flow and spill conditions, and evaluate measures to improve
adult anadromous fish passage. For modification 3, ICFWRU is authorized
an increase in the annual take of adult, threatened, Snake River
spring/summer and fall chinook salmon associated the study. Also for
modification 3, ICFWRU is authorized an annual take of adult,
threatened, Snake River spring/summer chinook salmon associated with a
new study designed to determine if adult salmon successfully return to
natal streams or hatcheries after passing Lower Granite Dam on the
Snake River and if homing is affected by mode of seaward migration (in-
river versus transport). Modification 3 is valid for the duration of
the permit which expires on December 31, 2000.
Notice was published on 24 October, 1997 (62 FR 55394) that an
application had been filed by USBR for a 1-year scientific research
permit. Permit 1095 was issued to USBR on June 11, 1998. The permit
authorizes USBR to capture, handle, and release juvenile, threatened,
SONCC coho salmon associated with research designed to collect data on
seasonal fish distribution and abundance, particularly during spring
and late summer, in Bear Creek and its principal tributaries, Little
Butte Creek and its tributaries, and Big Butte Creek in southwest
Oregon. The purpose of the study is to support a proposal to implement
habitat enhancement activities designed in part to increase instream
flows, improve the reliability and efficiency of existing water
supplies, improve water quality and environmental values, and conserve
water. Permit 1095 expires on September 30, 1998.
Notice was published on February 19, 1998 (63 FR 8435) that an
application had been filed by IDFG for a scientific research/
enhancement permit. Permit 1120 was issued to IDFG on June 11, 1998.
Permit 1120 authorizes IDFG annual direct takes of adult and juvenile,
endangered, Snake River sockeye salmon associated with the continuation
of a captive broodstock program. The program will help to preserve and
perpetuate the species and provide Snake River sockeye salmon for
future recovery actions. The captive broodstock program is a
cooperative

[[Page 33634]]

effort among IDFG, NMFS, the Shoshone-Bannock Tribes, the University of
Idaho at Moscow, the Idaho Department of Environmental Quality, and the
Bonneville Power Administration (BPA). Funding is provided by BPA.
Incidental takes of ESA-listed anadromous fish species as a result of
releases from the captive broodstock program are also authorized.
Permit 1120 expires on December 31, 2002.
Notice was published on 16 April, 1998 (63 FR 73) that an
application had been filed by NWFSC-ECD for a 5-year scientific
research permit. Permit 1140 was issued on June 12, 1998. Permit 1140
authorizes direct takes of juvenile, endangered, Snake River fall
chinook salmon and juvenile, threatened, SONCC coho salmon associated
with a research study designed to assess the relationship between
environmental variables, selected anthropogenic stresses, and bacterial
and parasitic pathogens on disease-induced mortality in juvenile salmon
in selected coastal estuaries in Oregon and Washington. The results of
the study will benefit listed species by providing a better
understanding of how environmental factors influence disease. Permit
1140 expires on December 31, 2002.

Dated: June 15, 1998.
Patricia A. Montanio,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 98-16373 Filed 6-18-98; 8:45 am]
BILLING CODE 3510-22-F

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A98-16373. Public record. Not legal advice.
