[Federal Register Volume 74, Number 26 (Tuesday, February 10, 2009)]
[Notices]
[Pages 6576-6577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2652]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XN07


Endangered and Threatened Species; Take of Anadromous Fish

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 6577]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of availability and request for comment.

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SUMMARY: Notice is hereby given that The Northwest Indian Fisheries 
Commission (NWIFC) has submitted an amendment to its Tribal Resource 
Management Plan (Tribal Plan) for NMFS to evaluate. The amendment would 
allow tribal researchers to take adult and juvenile Puget Sound 
steelhead and adult Puget Sound Chinook salmon in addition to the fish 
they already take under the current Tribal Plan. It was presented by 
the Bureau of Indian Affairs (BIA) on behalf of the Northwest Indian 
Tribes; the submission fulfills the Tribes' obligations under the 
protective regulations promulgated for Puget Sound Chinook salmon, 
Puget Sound steelhead, and Hood Canal summer-run chum salmon under the 
Endangered Species Act (ESA). The Tribal Plan describes research and 
assessment activities that may affect listed Puget Sound Chinook 
salmon, Puget Sound steelhead, and Hood Canal summer-run chum salmon in 
Washington State. NMFS has completed an evaluation of how well the 
Tribal Plan fulfills ESA criteria and proposes to determine that the 
Tribal Plan will not appreciably reduce any listed species' likelihood 
of survival and recovery. The Secretary of Commerce is making NMFS' 
evaluation and proposed determination available for public comment.

DATES: Written comments on the Secretary's evaluation and proposed 
determination must be received at the appropriate address or fax number 
(see ADDRESSES) no later than 5 p.m. Pacific Standard Time on March 12, 
2009.

ADDRESSES: Written comments and requests for copies of the proposed 
evaluation should be addressed to Gary Rule, Protected Resources 
Division, National Marine Fisheries Service, 1201 NE Lloyd Boulevard, 
Suite 1100, Portland, OR 97232-1274. Comments may also be sent via fax 
to (503) 230 5441. Comments will not be accepted if submitted via e-
mail or the Internet.

FOR FURTHER INFORMATION CONTACT: Gary Rule, Portland, OR (ph.: 503- 230 
5424, Fax: 503-210-5441, e-mail: [email protected]).

SUPPLEMENTARY INFORMATION:

Species Covered in This Notice

    Puget Sound Chinook salmon (Oncorhynchus tshawytscha)
    Puget Sound steelhead (O. mykiss)
    Hood Canal summer-run chum salmon (O. keta)

Authority

    Under section 4 of the ESA, the Secretary is required to adopt such 
regulations as he deems necessary and advisable for the conservation of 
the species listed as threatened. The ESA Tribal 4(d) rule (70 FR 
37160, June 28, 2005) states that the ESA section 9 take prohibitions 
do not apply to Tribal Plans that will not appreciably reduce any 
listed species' likelihood of survival and recovery.

The Tribal Plan

    The NWIFC - through the BIA and on behalf of the Northwest Indian 
Tribes - has submitted an amendment to its Tribal Plan for scientific 
research and assessment activities within the range of ESA-listed Puget 
Sound Chinook salmon, Puget Sound steelhead, and Hood Canal summer-run 
chum salmon. The amendment would alter the current Tribal Plan by 
allowing researchers to take adult and juvenile Puget Sound steelhead 
and adult Puget Sound Chinook salmon. The Northwest Indian Tribes 
conduct, independently and in cooperation with other agencies, a 
variety of research and assessment projects. These projects provide the 
technical basis for managing fisheries and conserving and restoring 
salmon stocks and their habitat. The need for an improved understanding 
of salmonid survival in the freshwater and early marine life stages 
drives much of the current research. The Tribal Plan includes 
implementation, monitoring, and evaluation procedures designed to 
ensure that the research is consistent with the objectives of the ESA. 
The research activities described in the Tribal Plan would take place 
over an 8-year period starting in 2009.
    As 50 CFR 223.209 requires, the Secretary must determine whether 
the Tribal Plan would appreciably reduce the likelihood of survival and 
recovery for Puget Sound Chinook salmon, Puget Sound steelhead, and 
Hood Canal summer-run chum salmon. In keeping with those requirements, 
the Secretary must take comments on how well the Tribal Plan addresses 
the criteria in Sec.  223.209 when making that determination. NMFS 
proposes after having evaluated the submission to determine that the 
Tribal plan will not appreciably reduce the likelihood of survival and 
recovery for Puget Sound Chinook salmon, Puget Sound steelhead, or Hood 
Canal summer-run chum salmon.

    Dated: February 4, 2009.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. E9-2652 Filed 2-9-09; 8:45 am]
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