[Federal Register Volume 74, Number 158 (Tuesday, August 18, 2009)]
[Notices]
[Page 41677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19772]



[[Page 41677]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XQ97


Endangered and Threatened Species; Take of Anadromous Fish

AGENCY: NOAA's National Marine Fisheries Service (NMFS), National 
Oceanic and Atmospheric Administration (NOAA), U. S. Department of 
Commerce.

ACTION:  Issuance of an enhancement permit.

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SUMMARY:  Notice is hereby given that NMFS has issued Permit 14159 to 
NMFS Protected Resource Division (PRD) in Long Beach, CA.

ADDRESSES:  The permit application, the permit, and related documents 
are available for review, by appointment, at the foregoing address at: 
Protected Resources Division, NMFS, 501 W. Ocean Blvd., Suite 4200, 
Long Beach, CA 90802 (ph: 562-980-4026, fax: 562-980-4027, e-mail at: 
<a href="/cdn-cgi/l/email-protection#2c614d585844495b02614f6b43434b4d426c42434d4d024b435a"><span class="__cf_email__" data-cfemail="531e3227273b36247d1e30143c3c34323d133d3c32327d343c25">[email protected]</span></a>).. The permit application is also available 
for review online at the Authorizations and Permits for Protected 
Species website at https://apps.nmfs.noaa.gov.

FOR FURTHER INFORMATION CONTACT:  Matt McGoogan at 562-980-4026, or e-
mail: <a href="/cdn-cgi/l/email-protection#034e6277776b66742d4e60446c6c64626d436d6c62622d646c75"><span class="__cf_email__" data-cfemail="4b062a3f3f232e3c6506280c24242c2a250b25242a2a652c243d">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Authority

    The issuance of permits, as required by the Endangered Species Act 
of 1973 (16 U.S.C. 1531-1543) (ESA), is based on a finding that such 
permits/modifications: (1) are 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. Authority to take listed 
species is subject to conditions set forth in the permits. Permits and 
modifications are issued in accordance with and are subject to the ESA 
and NMFS regulations (50 CFR parts 222-226) governing listed fish and 
wildlife permits.

Species Covered in This Notice

    This notice is relevant to federally endangered Southern California 
Distinct Population Segment of steelhead (Oncorhynchus mykiss).

Permits Issued

    A notice of the receipt of an application for Permit 14159 was 
published in the Federal Register on March 26, 2009 (74 FR 13192). 
Permit 14159 was issued to NMFS PRD on June 11, 2009. Permit 14159 
authorizes NMFS PRD to conduct and oversee steelhead rescue activities 
for the endangered steelhead in coastal streams from the Santa Maria 
River south to the Mexican border. The purpose of this permit is for 
the enhancement of survival of endangered steelhead.
    Criteria are defined in the permit application to provide an 
objective biological basis for determining whether a steelhead rescue 
is reasonable and necessary to enhance the population. These criteria 
include instream characteristics and conditions within the affected 
area, the cause for any observed or projected streamflow decreases or 
dewatering, the availability of suitable instream areas to safely 
harbor the rescued steelhead (i.e., relocation areas), and the 
abundance of steelhead within the affected area. The permit will be 
applicable only in the following situations: when a rapid response is 
crucial to steelhead survival, and when mortality of steelhead, if not 
rescued and relocated, is reasonably certain; and, when take 
authorization has not been granted, or is not expected, under Section 7 
or Section 10 of the ESA. The permit application further defines 
criteria to increase the likelihood that the permit will not be 
misused.
    NMFS' specific responsibilities under the rescue and relocation 
activities involves: (1) serving as the permit holder, principal 
investigator, and the primary contact, (2) designating and 
collaborating with the California Department of Fish and Game (CDFG) as 
a co-investigator, (3) determining the need for a steelhead rescue and 
relocation, and (4) providing written authorization for undertaking 
steelhead rescue and relocation. NMFS will retain discretion as 
principal investigator under the permit for determining, either 
individually or in collaboration with CDFG, whether a steelhead rescue 
and relocation are warranted using the established rescue criteria.
    With regard to authorizing steelhead rescue and relocation, the 
permit grants NMFS the authority to legally allow its own qualified 
biologists or those of the CDFG to conduct and oversee operations to 
capture and relocate steelhead when an imminent threat to the survival 
of individuals exists and when the rescue criteria are met. Once the 
determination has been made that a steelhead rescue is needed, NMFS 
will coordinate the rescue and relocation operation with its own 
biologists and (or) those of the CDFG. NMFS and CDFG biologists listed 
on the permit may enlist help of other qualified individuals to 
participate in steelhead rescue operations. However, at least one NMFS 
or CDFG biologist listed on the permit must be present at all times 
during rescue operations (i.e., persons not listed on the permit cannot 
conduct fish rescue activities without a permitted NMFS or CDFG 
representative present).
    Permit 14159 authorizes NMFS PRD an annual non-lethal take of up to 
2000 juvenile steelhead and 100 adult steelhead. The permit also 
authorizes an annual collection and possession of up to 100 steelhead 
tissue samples as well as permission to recover up to 20 carcasses per 
year (if found). All samples and carcasses will be sent to NMFS science 
center for genetic research and possessing. No intentional lethal take 
has been authorized for this permit. The authorized unintentional 
lethal take (mortalities) that may occur during rescue activities is up 
to100 juvenile steelhead per year. Permit 14159 expires on December 31, 
2019.

    Dated: August 12, 2009.
Therese Conant,
Acting Division Chief, Endangered Species Division Chief, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. E9-19772 Filed 8-17-09; 8:45 am]
BILLING CODE 3510-22-S


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