65582 Federal Register / Vol. 69, No. 219 / Monday, November 15, 2004 / Notices 

from capture by beach seine, scale 

samples, and release of fish.

AAR also requests take of juvenile 

Central California Coast steelhead and 

juvenile Central California Coast coho 

salmon to conduct pre- and post-project 

fish surveys, relocation activities, and 

fish monitoring activities in various 

streams in Marin, Sonoma and 

Mendocino counties. AAR requests 

authorization for an estimated annual 

take of 450 juvenile Central California 

Coast steelhead, and 50 juvenile Central 

California Coast coho salmon, with no 

more than 5 percent unintentional 

mortality to result from capture (dip net, 

seine, electrofishing) and release of fish.

In addition, AAR requests take of 

juvenile Southern California steelhead 

to conduct fish monitoring activities in 

Hilton Creek, tributary to the Santa 

Ynez River in Santa Barbara County. 

AAR requests authorization for an 

estimated annual take of 2 juvenile 

Southern California Coast steelhead 

with no more than 5 percent 

unintentional mortality to result from 

capture (dip net, seine, electrofishing) 

and release of fish.

Dated: November 9, 2004.

Phil Williams,

Chief, Endangered Species Division, Office 

of Protected Resources, National Marine 

Fisheries Service.

[FR Doc. 04–25316 Filed 11–12–04; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

[I.D. 052104F]

Endangered and Threatened Species: 

Take of Threatened West Coast 

Salmonids

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Notice of Availability of Draft 

Environmental Assessment (EA) and 

Request for Comments.

SUMMARY: Notice is hereby given of the 

availability of a draft EA for NMFS’ June 

2004 proposed amendments to the 

Endangered Species Act (ESA) 

protective regulations for West Coast 

threatened salmon and steelhead 

(Oncorhynchus spp.) The ESA 

protective regulations provide for 

‘‘limits’’ on ESA prohibitions for 

specified categories of activities 

determined to contribute to conserving 

listed salmonids. The draft EA analyzes 

the impacts of: (1) revising and 

simplifying existing protective 

regulations so that all threatened West 

Coast salmon and steelhead are subject 

to the same limits, and (2) revising the 

current protective regulations so that the 

section 9 take prohibitions do not apply 

to adipose-fin-clipped hatchery fish and 

resident O. mykiss (rainbow trout). 

NMFS is furnishing this notification to 

allow other agencies and the public an 

opportunity to review and comment on 

the draft EA. All comments received 

will become part of the public record 

and will be available for review.

DATES: All comments on the draft EA 

must be received no later than 5 p.m. 

Pacific Standard Time on December 15, 

2004.

ADDRESSES: Copies of the draft EA are 

available on the Internet at http://

www.nwr.noaa.gov/1salmon/salmesa/

draft4dEA.html, or upon request (see 

FOR FURTHER INFORMATION CONTACT).

You may submit comments on the 

draft EA by any of the following 

methods:

E-mail: The mailbox address for 

submitting e-mail comments on the 

draft EA is 

salmon.draft4dEA@nwr.noaa.gov. 

Please include in the subject line of the 

e-mail comment the document identifier 

‘‘Draft 4(d) EA’’

Mail: Submit written comments and 

information to Chief, NMFS, Protected 

Resources Division, 525 NE Oregon 

Street, Suite 500, Portland, Oregon, 

97232–2737. Please identify the 

comment as regarding the ‘‘Draft 4(d) 

EA.’’ You may hand-deliver written 

comments to our office at the street 

address below. Business hours are 8 

a.m. to 5 p.m., Monday through Friday, 

except Federal holidays.

Hand Delivery/Courier: NMFS, 

Protected Resources Division, 525 NE 

Oregon Street, Suite 210, Portland, 

Oregon, 97232–2737. Business hours are 

noted above.

Fax: 503–230–5435. Please identify 

the fax comment as regarding the ‘‘Draft 

4(d) EA.’’

FOR FURTHER INFORMATION CONTACT:

NMFS, Northwest Region, Protected 

Resources Division by phone at (503) 

872–2791. Copies of the Federal 

Register notices cited herein and 

additional salmon-related materials are 

available on the Internet at http://

www.nwr.noaa.gov.

SUPPLEMENTARY INFORMATION:

Species Covered in This Notice

The following species and 

Evolutionarily Significant Units (ESUs) 

are covered in this notice:

Chinook salmon (O. tshawytscha): the 

Sacramento River winter-run, Central 

Valley spring-run, California Coastal, 

Upper Willamette River, Lower 

Columbia River, Puget Sound, Snake 

River fall-run, and Snake River spring/

summer-run chinook ESUs;

Coho salmon (O. kisutch): Southern 

Oregon/Northern California Coast, 

Oregon coast, and Lower Columbia 

River coho ESUs;

Sockeye salmon (O. nerka): the Ozette 

Lake sockeye ESU;

Chum salmon (O. keta): the Columbia 

River and Hood Canal summer-run 

chum ESUs;

Steelhead and rainbow trout (O. 

mykiss): South-Central California Coast, 

Central California Coast, California 

Central Valley, Northern California, 

Upper Willamette River, Lower 

Columbia River, Middle Columbia 

River, Snake River Basin, and Upper 

Columbia River O. mykiss ESUs.

Background

On June 14, 2004, NMFS published 

proposed ESA listing determinations for 

27 ESUs of salmon and O. mykiss (69 FR 

33101). NMFS proposed threatened 

status for 23 ESUs in California, Oregon, 

Washington, and Idaho, and as part of 

that rulemaking also proposed 

amendments to the existing 4(d) 

protective regulations for threatened 

salmon and steelhead ESUs. The 

National Environmental Policy Act 

(NEPA) requires that Federal agencies 

conduct an environmental analysis of 

their actions to determine if the actions 

may affect the human environment. 

Accordingly, NMFS has prepared a draft 

EA that analyzes the impacts of the 

proposed amendments to the 4(d) 

protective regulations for West Coast 

salmonids, and is making it available for 

public review and comment.

This draft EA analyzes two 

alternatives: (1) No Action (no revision 

to the current 4(d) protective 

regulations); and (2) the Proposed 

Action Alternative (revision and 

simplification of existing 4(d) protective 

regulations). The Proposed Action 

Alternative includes the following 

amendments:

Apply the 4(d) protections and 14 

limits promulgated in 2000 (as modified 

in the proposed amendments) to three 

ESUs being newly proposed for 

threatened status; Apply the same 4(d) 

protections and 14 limits promulgated 

in 2000 (as modified in proposed 

amendments) to all threatened ESUs; 

Amend an expired 4(d) limit which 

provided a temporary exemption for 

ongoing research with pending permit 

applications during the 2000 4(d) 

rulemaking, to temporarily exempt 

ongoing research during the current 

rulemaking process; Move the

Federal Register / Vol. 69, No. 219 / Monday, November 15, 2004 / Notices 65583

description of the limit for Tribal 

Resource Management Plans (§ 223.209) 

so that the text would appear next to the 

4(d) rule in the Code of Federal 

Regulations, improving the clarity of the 

4(d) regulations; and Amend the current 

4(d) rule so that the section 9(a) take 

prohibitions apply to anadromous fish 

with an intact adipose fin only (that is, 

the take prohibitions and 4(d) protective 

regulations would not apply to 

unclipped hatchery fish or resident O. 

mykiss included in the subject ESUs).

Because the proposed action creates 

an optional ESA process, the effects that 

it may generate are limited to those 

associated with amending the 4(d) 

protective regulations. The proposed 

action does not address the potential 

effects of individual activities or 

programs that may seek coverage under 

one of the 4(d) ‘‘limits.’’ It is impossible 

to anticipate the specific impacts of 

such programs that may be submitted to 

and approved by NMFS. NMFS will 

conduct further NEPA analyses as 

necessary when a specific program is 

submitted to NMFS for coverage under 

one of the 4(d) limits for West Coast 

salmonids.

This notice is provided pursuant to 

the NEPA regulations (40 CFR 1506.6). 

The final NEPA determinations will not 

be completed until after the end of the 

30–day comment period and after 

NMFS has fully considered all 

comments received during the public 

comment period.

Authority: 16 U.S.C. 1531 et seq.

Dated: November 9, 2004.

Laurie K. Allen,

Director, Office of Protected Resources, 

National Marine Fisheries Service.

[FR Doc. 04–25313 Filed 11–12–04; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

[I.D. 102704]

Taking and Importing of Marine 

Mammals

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Notice of affirmative finding 

renewal.

SUMMARY: The Assistant Administrator 

for Fisheries, NMFS, (Assistant 

Administrator) renewed the affirmative 

finding for the Republic of Ecuador 

under the Marine Mammal Protection 

Act (MMPA). This affirmative finding 

renewal will allow yellowfin tuna and 

yellowfin tuna products harvested in 

the eastern tropical Pacific Ocean (ETP), 

in compliance with the International 

Dolphin Conservation Program (IDCP) 

by Ecuadorian-flag purse seine vessels 

or vessels operating under Ecuadorian 

jurisdiction, to continue to be imported 

into the United States. The affirmative 

finding renewal was based on review of 

documentary evidence submitted by the 

Republic of Ecuador and obtained from 

the Inter-American Tropical Tuna 

Commission (IATTC) and the 

Department of State. This finding 

remains in effect through March 31, 

2005.

DATES: Effective April 1, 2004, through 

March 31, 2005.

FOR FURTHER INFORMATION CONTACT:

Regional Administrator, Southwest 

Region, NMFS, 501 West Ocean 

Boulevard, Suite 4200, Long Beach, 

California, 90802–4213; Phone 562–

980–4000; Fax 562–980-4018.

SUPPLEMENTARY INFORMATION: The 

MMPA, 16 U.S.C. 1361 et seq., allows 

entry into the United States of yellowfin 

tuna harvested by purse seine vessels in 

the ETP under certain conditions. Under 

implementing regulations at 50 CFR 

216.24, a nation with purse seine 

vessels greater than 400 short tons 

(362.8 metric tons) carrying capacity 

fishing for tuna in the ETP must have an 

affirmative finding in order to export 

such tuna and tuna products to the 

United States. If requested by the 

harvesting nation, the Assistant 

Administrator will determine whether 

to make an affirmative finding based 

upon documentary evidence provided 

by the government of the harvesting 

nation, the IATTC, or the Department of 

State. The finding will be reviewed 

annually to ensure that the nation 

continues to meet the requirements for 

an affirmative finding. The requirements 

must be met in order for the finding to 

remain valid for the following 12-month 

period: April 1 through March 31, or for 

such other period as the Assistant 

Administrator may determine.

The affirmative finding process 

requires that the harvesting nation meet 

several conditions related to compliance 

with the IDCP. Every 5 years, the 

government of the harvesting nation 

must request an affirmative finding and 

submit the required documentary 

evidence directly to the Assistant 

Administrator. A nation may opt to 

provide information regarding 

compliance with the IDCP directly to 

NMFS on an annual basis or to 

authorize the IATTC to release the 

information to NMFS in years when 

NMFS will review and consider 

whether to issue an affirmative finding 

determination without an application 

from the harvesting nation.

An affirmative finding will be 

terminated, in consultation with the 

Secretary of State, if the Assistant 

Administrator determines that the 

requirements of 50 CFR 216.24(f) are no 

longer being met or that a nation is 

consistently failing to take enforcement 

actions on violations which diminish 

the effectiveness of the IDCP. Every 5 

years, the government of the harvesting 

nation must request an affirmative 

finding and submit the required 

documentary evidence directly to the 

Assistant Administrator.

As a part of the annual review process 

set forth in 50 CFR 216.24(f), the 

Assistant Administrator considered 

documentary evidence submitted by the 

Republic of Ecuador and obtained from 

the IATTC and the Department of State 

and determined that Ecuador has met 

the MMPA’s requirements to receive an 

affirmative finding.

After consultation with the 

Department of State, NMFS renewed the 

Republic of Ecuador’s affirmative 

finding allowing the continued 

importation into the United States of 

yellowfin tuna and products derived 

from yellowfin tuna harvested in the 

ETP by Ecuadorian-flag purse seine 

vessels or vessels operating under 

Ecuadorian jurisdiction.

The Republic of Ecuador must submit 

a new application no later than January 

2005 for an affirmative finding to be 

effective for the period April 1, 2005, 

through March 31, 2006, and the 

subsequent 4 years.

Dated: November 9, 2004.

Rebecca Lent,

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service.

[FR Doc. 04–25315 Filed 11–12–04; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

[I.D. 101304E]

Issuance of Permit 1493

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration, 

Commerce.

ACTION: Notice of decision and 

availability of decision documents on 

the issuance of ESA research/