Federal Register / Vol. 65, No. 76 / Wednesday, April 19, 2000 / Notices 20951

review and the Panels reliance of

evidence that was not part of the

administrative record.

Commerce issued its determination

on remand on November 15, 1999. The

Department explained, ‘‘[w]e have

implemented the Panel’s ruling and

revised our calculations to exclude

home-market sales of bagged cement

from the calculation of normal value.’’

The Panel affirmed the Department’s

Remand Determination, without

commenting on the bulk/bagged issue.

Request for an Extraordinary

Challenge Committee:

On March 23, 2000, the United States

Trade Representative filed a Request for

an Extraordinary Challenge Committee

on behalf of the United States

Government in its capacity as a Party to

the North American Free Trade

Agreement, with the United States

Secretary of the NAFTA Secretariat. The

United States alleges that the Panel

manifestly exceeded its powers,

authority or jurisdiction by failing to

apply the appropriate standard of

review in three instances: (1) When the

panel declined to defer to the

Department’s interpretation of the

model-match provisions of the statute,

as required by binding precedent of the

U.S. Court of Appeals for the Federal

Circuit as set forth in Koyo Seiko Co.,

Ltd. v. United States, 66 F.3d 1204 (Fed.

Cir. 1995); (2) when it did not confine

its review to the administrative record

developed before the investigating

authority; and (3) when, upon holding

that the Department did not apply the

foreign-like-product statute properly, it

usurped the Department’s authority as

investigating authority and issued its

own findings of fact.

Rule 40 of the ECC Rules requires that

Notices of Appearance in this

proceeding must be filed with the

United States Secretary within 10 days

after the Request is filed (By April 3,

2000). Rule 42 of the ECC Rules, briefs

must be filed with the United States

Secretary within 21 days of the filing of

the Request (by April 13, 2000).

Dated: March 27, 2000.

Caratina L. Alston,

United States Secretary, NAFTA Secretariat.

[FR Doc. 00–9725 Filed 4–18–00; 8:45 am]

BILLING CODE 3510–GT–U

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 041000B]

Availability of a Draft Environmental

Assessment/Finding of No Significant

Impact and Receipt of an Application

for an Incidental Take Permit (1233)

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration,

Commerce.

ACTION: Notice of availability.

SUMMARY: NMFS has received an

application for an incidental take permit

(Permit) from the Idaho Department of

Fish and Game (IDFG) according to the

Endangered Species Act of 1973, as

amended (ESA). As required by the

ESA, IDFG has also prepared a

conservation plan (Plan) designed to

minimize and mitigate any such take of

endangered or threatened species. The

Permit application is for the incidental

take of ESA-listed adult and juvenile

salmonids associated with otherwise

lawful recreational fisheries on nonlisted species in the Snake River and its

tributaries in the State of Idaho. The

duration of the proposed Permit and

Plan is five years. The Permit

application includes the proposed Plan

submitted by IDFG. NMFS also

announces the availability of a draft

Environmental Assessment (EA) for the

Permit application. NMFS is furnishing

this notice in order to allow other

agencies and the public an opportunity

to review and comment on these

documents. All comments received will

become part of the public record and

will be available for review pursuant to

the ESA.

DATES: Written comments from

interested parties on the Permit

application, Plan, and draft EA must be

received at the appropriate address or

fax number (see ADDRESSES) no later

than 5 p.m. Pacific daylight time on

May 19, 2000.

ADDRESSES: Written comments on the

application, Plan, or draft EA should be

sent to Herbert Pollard, Sustainable

Fisheries Division, NWR2, 525 NE

Oregon Street, Suite 510, Portland, OR

97232–2737. Comments may also be

sent via fax to (208) 378–5699.

Comments will not be accepted if

submitted via e-mail or the internet.

Requests for copies of the Permit

application, Plan, and draft EA should

be directed to the Sustainable Fisheries

Division (H/IF Br.), NWR2, 525 NE

Oregon Street, Suite 510, Portland, OR

97232–2737. Comments received will

also be available for public inspection,

by appointment, during normal business

hours by calling (208) 378–5614.

FOR FURTHER INFORMATION CONTACT:

Herbert Pollard, Portland, OR (ph.: (208)

378–5614, fax: (208) 378–5699, e-mail:

Herbert.Pollard@noaa.gov)

SUPPLEMENTARY INFORMATION: Section 9

of the ESA and 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. NMFS may issue permits,

under limited circumstances, to take

listed species incidental to, and not the

purpose of, otherwise lawful activities.

NMFS regulations governing permits for

threatened and endangered species are

promulgated at 50 CFR 222.307.

Species Covered in This Notice

The following species, evolutionarily

significant units (ESU’s), and runs are

included in the Plan and Permit

application:

Chinook salmon (Oncorhynchus

tshawytscha): threatened naturally

produced and artificially propagated

Snake River (SnR) spring/summer,

threatened SnR fall.

Sockeye salmon (O. nerka):

endangered SnR.

Steelhead (O. mykiss): threatened

SnR.

To date, final protective regulations

for threatened SnR steelhead under

section 4(d) of the ESA have not been

promulgated by NMFS. Protective

regulations are currently proposed for

threatened SnR Steelhead (64 FR 73479,

December 30, 1999. This notice of

receipt of an application requesting take

of this species is issued as a precaution

in the event that NMFS issues final

protective regulations that prohibit take

of threatened SnR steelhead. The

initiation of a 30-day public comment

period on the application, including its

proposed takes of threatened SnR

steelhead does not presuppose the

contents of the eventual final protective

regulations.

Background

From 1993 through 1998 recreational

fisheries managed by IDFG were

conducted under the terms of a section

10 (a)(1)(B) permit (844) issued by

NMFS on May 20, 1993. On May 26,

1999, permit 844 was replaced with

permit 1150 for continued conduct of

the same activities. Permit 1150 was

issued for only 7 months and expired on

December 31, 1999. IDFG has applied

20952 Federal Register / Vol. 65, No. 76 / Wednesday, April 19, 2000 / Notices

for a 5-year ESA section 10(a)(1)(B)

permit (1233) for incidental takes of

ESA-listed adult and juvenile salmonids

associated with recreational fisheries

during 2000 through 2004 on non-listed

species in the Snake River and its

tributaries in the State of Idaho.

Conservation Plan

The Conservation Plan prepared by

IDFG describes measures designed to

monitor, minimize, and mitigate the

incidental takes of ESA-listed

anadromous salmonids associated with

some or all of the following fisheries

which are expected to occur during

2000 through 2004:

Resident Fish Species Sport Fishing -

General Fishing Regulations

The general statewide stream season

in Idaho runs from Saturday of the

Memorial Day weekend through

November 30. Exceptions to the general

stream season include certain river

sections that are open year-round and

rivers or stream sections that are closed

to all fishing for all or part of the general

stream season. Most lakes, ponds and

reservoirs are open to fishing the entire

year, with exceptions to protect

particular resources.

Anadromous Salmon Sport Fishing -

Anadromous Salmon Fishing

Regulations

Fisheries for spring/summer chinook

salmon, when returns allow, typically

occur from mid-May up to August 4.

Closing salmon fishing on or before

August 4 is designed to protect listed

fall chinook. Chinook fisheries are based

on quotas of non-listed components and

take limits of ESA-listed components of

the run. Chinook fisheries may be

closed on short notice when in-season

monitoring indicates that criteria are

met.

Spring and Fall Steelhead Sport Fishing

- Steelhead Fishing Regulations

The steelhead harvest season lasts

from September 1 through April 30,

except steelhead may not be harvested

until October 15 on the Clearwater River

and the mainstem Salmon River fishery

closes on March 31. The Little Salmon

River is the only Salmon River tributary

open to harvest of steelhead. Only nonlisted, hatchery-produced steelhead that

have been marked by a clipped adipose

fin may legally be harvested by anglers.

Incidental mortalities of ESA-listed

fish associated with the IDFG

recreational fishery programs are

requested at levels specified in the

Permit application. IDFG is proposing to

limit state recreational fisheries such

that the incidental impacts on ESAlisted salmonids will be minimized.

Three alternatives for the IDFG fisheries

were provided in the Plan, including:

(1) the no action alternative; (2) the

proposed conservation plan alternative

(based on continuing fisheries at levels

similar to those permitted since 1995);

and (3) historic fishing levels.

Environmental Assessment/Finding of

No Significant Impact

The EA package includes a draft EA

and a draft Finding of No Significant

Impact (FONSI) which concludes that

issuing the incidental take permit is not

a major Federal action significantly

affecting the quality of the human

environment, within the meaning of

section 102(2)(C) of the National

Environmental Policy Act (NEPA) of

1969, as amended. Three Federal action

alternatives have been analyzed in the

EA, including: (1) the no action

alternative; (2) issue a permit without

conditions; and (3) issue a permit with

conditions.

This notice is provided pursuant to

section 10(c) of the ESA and the NEPA

regulations (40 CFR 1506.6). NMFS will

evaluate the application, associated

documents, and comments submitted

thereon to determine whether the

application meets the requirements of

the NEPA regulations and section 10(a)

of the ESA. If it is determined that the

requirements are met, a permit will be

issued for incidental takes of ESA-listed

anadromous salmonids under the

jurisdiction of NMFS. The final NEPA

and permit determinations will not be

completed until after the end of the 30-

day comment period and will fully

consider all public comments received

during the comment period. NMFS will

publish a record of its final action in the

Federal Register.

Dated: April 13, 2000.

Craig Johnson,

Acting Chief, Endangered Species Division,

Office of Protected Resources, National

Marine Fisheries Service.

[FR Doc. 00–9841 Filed 4–18–00; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 041000C]

Availability of a Draft Environmental

Assessment/Finding of No Significant

Impact and Receipt of an Application

for an Incidental Take Permit (1248)

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration,

Commerce.

ACTION: Notice of availability.

SUMMARY: NMFS has received an

application for an incidental take permit

(Permit) from the Washington

Department of Fish and Wildlife

(WDFW) according to the Endangered

Species Act of 1973, as amended (ESA).

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 application is for

the incidental take of ESA-listed adult

and juvenile salmonids associated with

otherwise lawful recreational fisheries

on non-listed species in the upper

Columbia River and its tributaries in the

state of Washington. The duration of the

proposed Permit and Plan is five years.

The Permit application includes the

proposed Plan submitted by WDFW.

NMFS also announces the availability of

a draft Environmental Assessment (EA)

for the Permit application. NMFS is

furnishing this notice in order to allow

other agencies and the public an

opportunity to review and comment on

these documents. All comments

received will become part of the public

record and will be available for review

pursuant to the ESA.

DATES: Written comments from

interested parties on the Permit

application, Plan, and draft EA must be

received at the appropriate address or

fax number (see ADDRESSES) no later

than 5:00 pm Pacific daylight time on

May 19, 2000.

ADDRESSES: Written comments on the

application, Plan, or draft EA should be

sent to Lance Kruzic, Sustainable

Fisheries Division, F/NWR3, 525 NE

Oregon Street, Suite 510, Portland, OR

97232–2737. Comments may also be

sent via fax to 503–872–2737.

Comments will not be accepted if

submitted via e-mail or the internet.

Requests for copies of the Permit

application, Plan, and draft EA should

be directed to the Sustainable Fisheries

Division, F/NWO3, 525 NE Oregon

Street, Suite 510, Portland, OR 97232–

2737. Comments received will also be

available for public inspection, by

appointment, during normal business

hours by calling 503–230–5407.

FOR FURTHER INFORMATION CONTACT:

Lance Kruzic, Portland, OR (ph: 503–

231–2178, fax: 503–872–2737, e-mail:

Lance.Kruzic@noaa.gov).

SUPPLEMENTARY INFORMATION: Section 9

of the ESA and Federal regulations

prohibit the ‘‘taking’’ of a species listed

as endangered or threatened. The term

‘‘take’’ is defined under the ESA to