48058 Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Notices 

FOR FURTHER INFORMATION CONTACT: Dr. 

Anne Mullan at phone number (503) 

231–6267, or e-mail 

anne.mullan@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Authority 

Under section 4 of the ESA, the 

Secretary of Commerce is required to 

adopt such regulations as he deems 

necessary and advisable for the 

conservation of species listed as 

threatened. The ESA salmon and 

steelhead 4(d) rule (65 FR 42422, July 

10, 2000) identifies specific categories of 

activities that contribute to the 

conservation of listed salmonids and 

sets out the criteria for such activities. 

The rule further provides that the 

prohibitions of paragraph (a) of the rule 

do not apply to activities associated 

with routine road maintenance provided 

that a state or local program has been 

approved by NOAA Fisheries to be in 

accordance with the salmon and 

steelhead 4(d) rule (65 FR 42422, July 

10, 2000). 

Species Covered in this Notice 

This notice is relevant to the 

following five threatened salmon 

ESUs:Chinook salmon (Oncorhynchus 

tshawytscha); threatened Upper 

Willamette River (UWR), and Lower 

Columbia River (LCR). Steelhead 

(Oncorhynchus mykiss); threatened 

Upper Williamette River (UWR), 

threatened Lower Columbia River (LCR). 

Coho salmon (Oncorhynchus kisutch); 

threatened Lower Columbia River (LCR). 

Clackamas County, Department of 

Transportation and Development, 

submitted the RMP for routine road 

maintenance activities that might affect 

certain salmonid ESUs listed as 

threatened within the boundaries of 

Clackamas County. The RMP was 

designed so that routine road 

maintenance activities would be 

protective of salmonids and their 

habitat. 

As specified in the July 10, 2000, ESA 

4(d) rule for salmon and steelhead (65 

FR 42422) under limit 10(i), take 

prohibitions to threatened species of 

salmonids do not apply to routine road 

maintenance activities of a state, county, 

city or port that complies with a 

program that is substantially similar to 

that contained in the Oregon 

Department of Transportation (ODOT) 

Routine Road Maintenance Water 

Quality and Habitat Guide Best 

Management Practices (Guide, July 

1999), and that is determined to meet or 

exceed the protections provided in the 

ODOT Guide. NOAA Fisheries may 

approve a routine road maintenance 

program of any state, city, county or 

port that contains management practices 

that are equivalent to or better than 

those in the ODOT Guide. Prior to final 

approval of a routine road maintenance 

program, NOAA Fisheries must publish 

notification in the Federal Register 

announcing the program’s availability 

for public review and comment. 

The Clackamas County RMP submittal 

includes a cover letter addressed to the 

Regional Administrator of NOAA 

Fisheries, and a statement of 

commitment from Clackamas County to 

implement the RMP. In Parts 1 through 

3, the RMP provides the responsible 

entity and legal authority for the 

program and provides a description of 

the program, including a description of 

Clackamas County’s Riparian 

Management Areas and their Restricted 

Area Zones. In Part 2, the RMP provides 

a description of the geographic area to 

which the program applies, including 

an analysis of the environmental 

baseline of the watersheds of the lower 

Columbia River and the lower 

Willamette River within the County 

boundaries. Part 3 also includes tables 

that describe various habitat parameters 

such as culverts that block fish passage, 

riparian condition, and water quality 

condition. In Part 4, the RMP describes 

the listed species distribution and 

status, referring to distribution maps for 

steelhead and chinook found in 

Appendix B. A list of relevant reports is 

provided in Part 5. In Part 6, the RMP 

summarizes the training, monitoring, 

and reporting elements of the RMP and 

the RMP makes an affirmative 

conclusion that the program is identical 

to ODOT’s program, referring to Table 5 

comparing the two programs. 

The RMP defines activities that are 

routine road maintenance. These consist 

of maintenance activities that are 

conducted on currently serviceable 

structures, facilities, and equipment, 

involve no expansion of or change in 

use, and do not result in significant 

negative hydrological impact. 

Clackamas County’s asserts that their 

practices are as effective as ODOT’s 

practices at protecting fish and their 

habitat because they are adopting the 

ODOT Best Management Practices. They 

differ only in the width of the Restricted 

Activity Zones delineated for each river 

or stream in the area covered by this 

RMP. These will be 150 feet on each 

side of the road or stream for Clackamas 

County’s Road Maintenance Program, 

while ODOT uses a 250 foot width zone 

to review actions for additional 

protection. However, as the county road 

network is much denser, the narrower 

zones provide comparable protection to 

the ODOT program. Approval or 

disapproval of the RMP will depend on 

NOAA Fisheries’ findings after public 

review and comment. 

Dated: September 15, 2009. 

Therese Conant, 

Acting Division Chief, Endangered Species 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–22655 Filed 9–18–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XR67 

Endangered and Threatened Species; 

Take of Anadromous Fish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Applications for two scientific 

research permit renewals and one 

permit modification. 

SUMMARY: Notice is hereby given that 

NMFS has received three scientific 

research permit application requests 

relating to Pacific salmon. The proposed 

research is intended to increase 

knowledge of species listed under the 

Endangered Species Act (ESA) and to 

help guide management and 

conservation efforts. The applications 

may be viewed online at: https:// 

apps.nmfs.noaa.gov/preview/ 

previewlopenlforlcomment.cfm. 

DATES: Comments or requests for a 

public hearing on the applications must 

be received at the appropriate address or 

fax number (see ADDRESSES) no later 

than 5 p.m. Pacific standard time on 

October 21, 2009. 

ADDRESSES: Written comments on the 

applications should be sent to the 

Protected Resources Division, NMFS, 

1201 NE Lloyd Blvd., Suite 1100, 

Portland, OR 97232–1274. Comments 

may also be sent via fax to 503–230– 

5441 or by e-mail to 

resapps.nwr@NOAA.gov. 

FOR FURTHER INFORMATION CONTACT: 

Garth Griffin, Portland, OR (ph.: 503– 

231–2005, Fax: 503–230–5441, e-mail: 

Garth.Griffin@noaa.gov). Permit 

application instructions areavailable 

from the address above, or online at 

apps.nmfs.noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Species Covered in This Notice 

The following listed species are 

covered in this notice: 

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Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Notices 48059 

Chinook salmon (Oncorhynchus 

tshawytscha): threatened lower 

Columbia River (LCR), threatened upper 

Willamette River (UWR), endangered 

upper Columbia River (UCR), threatened 

Snake River (SR) spring/summer (spr/ 

sum), threatened SR fall. 

Chum salmon (O. keta): threatened 

Columbia River (CR). 

Steelhead (O. mykiss): threatened 

LCR, threatened UWR, threatened 

middle Columbia River (MCR), 

threatened SR, threatened UCR. 

Coho salmon (O. kisutch): threatened 

LCR, threatened Oregon Coast (OC). 

Sockeye salmon (O. nerka): 

endangered SR. 

Authority 

Scientific research permits are issued 

in accordance with section 10(a)(1)(A) 

of the ESA (16 U.S.C. 1531 et. seq) and 

regulations governing listed fish and 

wildlife permits (50 CFR parts 222–226). 

NMFS issues permits based on findings 

that such permits: (1) are applied for in 

goodfaith; (2) if granted and exercised, 

would not operate to the disadvantage 

of the listed species that are the subject 

of the permit; and (3) are consistent 

with the purposes and policy of section 

2 of the ESA. The authority to take 

listed species is subject to conditions set 

forth in the permits. 

Anyone requesting a hearing on an 

application listed in this notice should 

set out the specific reasons why a 

hearing on that application would be 

appropriate (see ADDRESSES). Such 

hearings are held at the discretion of the 

Assistant Administrator for Fisheries, 

NMFS. 

Applications Received 

Permit 1523–2R 

The National Council of Air and 

Stream Improvements (NCASI) is 

seeking to renew its permit to annually 

take listed salmon while conducting 

research in the McKenzie and 

Willametterivers in Oregon. The NCASI 

is requesting another 5-year permit to 

take juvenile UWR Chinook salmon 

while studying water quality and 

biological conditions in rivers receiving 

paper- and pulpmill discharges. The 

research will provide information on 

existing conditions in the watersheds 

and on changes in those conditions over 

time, and ultimately on the aquatic 

communities’responses to 

environmental stressors. The 

information will be used in a larger 

effort to monitor watershed health, 

water quality, and salmon recovery in 

the Upper Willamette watershed. The 

NCASI proposes to capture (using boat 

electrofishers), handle, and release 

listed salmon. The NCASI does not 

intend to capture adult fish but some 

may be in the areas being fished and 

will be avoided as much as possible. 

While most of the fish would not be 

harmed, some juveniles may 

unintentionally be killed during the 

course of the research. 

Permit 1525–3R 

The Northwest Fisheries Science 

Center (NWFSC) is seeking to renew its 

permit to annually take listed salmonids 

in the Lower Willamette River, Oregon, 

and in the Columbia River from its 

mouth up to Bonneville Dam. The 

NWFSC is requesting another 5-year 

permit to take juvenile SR spring/ 

summer Chinook salmon, SR fall 

Chinook salmon, SR steelhead, UCR 

Chinook salmon, UCR steelhead, MCR 

steelhead, LCR Chinook salmon, LCR 

steelhead, UWRChinook salmon, UWR 

steelhead, and CR chum salmon. The 

purposes of the study are to (1) 

determine contaminant concentrations 

in fish, (2) understand contaminant 

bioaccumulation injuvenile salmon and 

determine site-specific factors leading to 

any contamination, (3) analyze the fish 

for the presence of physiological 

biomarkers, and (4) determine if the fish 

exhibit any indicators of exposure to 

environmental estrogens. The NWFSC 

would collect samples with seines or 

high-speed rope trawls and is asking for 

authorization to handle juvenile fish 

and tointentionally kill some of them for 

pathogen assays, biochemical 

composition, histopathological 

attributes, and stomach content 

analyses. 

Permit 1318–7M 

Permit 1318 currently authorizes the 

Oregon Department of Fish and Wildlife 

(ODFW) to take juvenile UCR Chinook 

salmon, UCR steelhead, SR steelhead, 

SR fall-run Chinook salmon,SR spring/ 

summer-run Chinook salmon, SR 

sockeye salmon, MCR steelhead, UWR 

Chinook salmon, UWR steelhead, LCR 

Chinook salmon, LCR coho salmon, LCR 

steelhead, CR chum salmon, and OC 

coho salmon in streams in the 

Willamette and Columbia basins, and on 

the Oregon coast. The ODFW is seeking 

to modify the permit by adding an 

eighth project. The application contains 

the following projects: (1) warm water 

fish management surveys; 

(2)investigations of natural production 

of spring Chinook salmon in the 

Mohawk basin; (3) genetic 

characterization of rainbow trout in the 

upper Willamette subbasin; (4) fish 

abundance,population status, genetics 

and disease surveys in the upper 

Willamette subbasin; (5) native trout 

surveys for abundance, size 

composition, and migration patterns in 

the mainstem McKenzieRiver; (6) 

resident redband population estimates 

in the Deschutes River; (7) resident 

redband population estimates in the 

Crooked River; and (8) fish population 

sampling in the NorthWillamette 

Watershed District. The research would 

benefit the fish by providing 

information on population structure, 

abundance, genetics, disease 

occurrence, and species interactions. 

Thatinformation would be used to direct 

management actions to benefit listed 

species. Juvenile salmonids would be 

collected (using boat electrofishing). 

Some fish would be 

anesthetized,sampled for length and 

weight, allowed to recover from the 

anesthesia, and released. Most 

salmonids would only be shocked and 

allowed to swim away, or be netted and 

releasedimmediately. The ODFW does 

not intend to kill any of the fish being 

captured, but a small number may die 

as an unintended result of the activities. 

This notice is provided pursuant to 

section 10(c) of the ESA. NMFS will 

evaluate the applications, associated 

documents, and comments submitted to 

determine whether the applications 

meet the requirements of section 10(a) 

of the ESA and Federal regulations. The 

final permit decisions will not be made 

until after the end of the 30-day 

comment period. NMFS will publish 

notice of its final action in the FEDERAL

REGISTER. 

Dated: September 15, 2009. 

Therese Conant, 

Acting Division Chief, Endangered Species 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–22652 Filed 9–18–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–580–862] 

Ni–Resist Piston Inserts from the 

Republic of Korea: Final Negative 

Countervailing Duty Determination 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) determines that 

countervailable subsidies are not being 

provided to producers and exporters of 

Ni–resist piston inserts from the 

Republic of Korea (Korea). 

DATES: Effective Date: September 21, 

2009. 

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