[Federal Register Volume 77, Number 62 (Friday, March 30, 2012)]
[Notices]
[Pages 19225-19226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7599]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XB114
Notice of Availability of Draft Documents for Public Comment
Related to a Fishery Conservation Plan and Research Permits for the
Washington State Department of Fish and Wildlife
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice.
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SUMMARY: The Washington State Department of Fish and Wildlife (WDFW)
has submitted applications to NMFS for four scientific research permits
and one incidental take permit (Permits) under the Endangered Species
Act of 1973, as amended (ESA). We prepared a draft Environmental
Assessment (EA) to support permit-issuance decisions. As required by
the ESA, WDFW has also prepared a Conservation Plan (Plan) designed to
minimize and mitigate any such take of endangered or threatened
species. The Permit applications are related to scientific research and
fisheries management measures in waters of the Puget Sound/Georgia
Basin, Washington. The research permits and fishery permit and the Plan
each have a proposed term of 5 years.
We request comments from the public on the draft EA, the proposed
Plan and associated applications. All comments received will become
part of the public record.
DATES: Written comments on the draft EA and proposed Plan and
associated applications must be received on or before April 23, 2012.
ADDRESSES: Address all written comments to: Dan Tonnes, National Marine
Fisheries Service, 7600 Sand Point Way NE., Building Number 1, Seattle,
WA 98115-6349, facsimile (206) 526-6426. Comments may be submitted by
email to the following address: [email protected]. In the subject
line of the email, include the Document identifier: WDFW EA. Comments
and materials received will be available for public inspection, by
appointment, during normal business hours at the office listed in the
ADDRESSES section of this notice.
FOR FURTHER INFORMATION CONTACT: Dan Tonnes, National Marine Fisheries
Service, 7600 Sand Point Way NE., Building Number 1, Seattle, WA 98115-
6349, facsimile (206) 526-6426, phone (206) 526-4643, email:
[email protected].
SUPPLEMENTARY INFORMATION:
Statutory Authority
Section 9 of the ESA and its implementing Federal regulations
prohibit the taking of a species listed as endangered or threatened.
The term ``take'' is defined under the ESA to mean harass, harm,
pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to
attempt to engage in any such conduct (16 U.S.C. 1532(19). ``Harm'' is
defined to include significant habitat modification or degradation
where it actually kills or injures wildlife by significantly impairing
essential behavioral patterns, including breeding, feeding, and
sheltering (64 FR 60727, November 8, 1999). ``Harass'' is defined as an
intentional or negligent act or omission which creates the likelihood
of injury to wildlife by annoying it to such an extent as to
significantly disrupt normal behavioral patterns including breeding,
feeding, and sheltering.
NMFS may issue permits, under limited circumstances, to allow the
take of listed species incidental to, and not the purpose of, otherwise
lawful activities, and for scientific research. NMFS proposes to issue
four research permits pursuant to section 10(a)(1)(A) and one
incidental take permit pursuant to section 10(a)(1)(B) of the ESA. NMFS
regulations governing permits for threatened and endangered species are
at 50 CFR 222.307.
Background
Fisheries within portions of the Puget Sound/Georgia Basin are
managed by the WDFW. ESA-listed yelloweye rockfish (Sebastes
ruberrimus), canary rockfish (Seb. pinniger), and bocaccio (Seb.
paucispinis) and threatened Puget Sound Chinook salmon (Oncorhyncus
tshawytscha) are incidentally caught in the commercial shrimp trawl
fishery and the recreational bottom fish fishery authorized by the
state. The threatened southern DPS of eulachon (Thaleichthys pacificus)
and threatened southern DPS of North American green sturgeon (Acipenser
medirostris) can be incidentally caught in the commercial shrimp trawl
fishery that occur in the Puget Sound/Georgia Basin. WDFW conducts
scientific research in the Puget Sound/Georgia Basin that takes ESA-
listed rockfish, the threatened Evolutionarily Significant Units (ESUs)
of Puget Sound Chinook salmon and Hood Canal summer-run chum salmon (O.
keta), the DPSs of threatened Puget Sound steelhead (O. mykiss),
southern
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North American green sturgeon, and southern eulachon. The Permit
applications WDFW submitted to NMFS address the potential take these
listed species.
On April 27, 2010, NMFS listed the Puget Sound/Georgia Basin
Distinct Population Segments (DPSs) of yelloweye rockfish, and canary
rockfish, as threatened, and bocaccio as endangered species under the
ESA (75 FR 22276). Prior to the listing, WDFW initiated discussions
with NMFS to pursue ESA compliance for state authorized fisheries and
research activities that are likely to incidentally encounter ESA-
listed rockfish within state waters of the DPSs. NMFS has provided
assistance to the WDFW in development of a Conservation Plan and an
application for an incidental take permit (ITP) for ESA-listed rockfish
and other species likely to be affected by several state-authorized
fisheries and state-conducted research efforts.
The draft EA analyzes three alternatives. In the no-action
alternative NMFS would not issue research permits or incidental take
permit, and WDFW would close the the commercial shrimp trawl fishery
and the recreational bottom fish fishery, and no longer conduct certain
research. In the proposed alternative NMFS would issue all four
research permits, and the fisheries permit. The fishery permit would be
issued with additional protections to limit and track take of listed
fish. In the third alternative NMFS would issue all four research
permits and the fishery permit. The fishery permit would include less
fisheries restrictions and would result in greater take numbers of ESA-
listed rockfish. NMFS's proposed action is to issue the four research
permits and the fisheries permit that include protections to further
reduce and track take of listed fish.
NMFS will evaluate the applications, associated documents, and
comments submitted to determine whether the applications meet
requirements of the ESA and NEPA. We will then prepare the final EA.
Our decisions of whether to issue an incidental take permit and
scientific research permits will be made upon completion of the final
EA and the ESA determination.
Document Availability
The documents are available electronically on the World Wide Web at
http://www.nwr.noaa.gov.
Dated: March 21, 2012.
Larissa Plants,
Acting Chief, Endangered Species Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2012-7599 Filed 3-29-12; 8:45 am]
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