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###### Department of Commerce

###### National Oceanic and Atmospheric Administration

          - [I.D. 042501E]

# AGENCY:

National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

# ACTION: 

Notice of availability and request for comment.

# SUMMARY:

Notice is hereby given that the Oregon Department of Fish and Wildlife (ODFW) has submitted a Fisheries Management and Evaluation Plan (FMEP) pursuant to the protective regulations promulgated for Upper Willamette River (UWR) steelhead under the Endangered Species Act (ESA).  The FMEP specify the future management of inland recreational fisheries potentially affecting the UWR steelhead.  This document serves to notify the public of the availability of the FMEP for review and comment before a final approval or disapproval is made by NMFS.

# DATES:

                        Written comments on the draft FMEPs must be received at the appropriate address or fax number (see                         **ADDRESSES**                        ) no later than 5 p.m. Pacific standard time on June 6, 2001.                    

# ADDRESSES: 

                        Written comments and requests for copies of the draft FMEPs should be addressed to Lance Kruzic, Sustainable Fisheries Division, Hatchery and Inland Fisheries Branch, Roseburg Field Office, 2900 NW Stewart Parkway, Roseburg, OR 97470 or fax (541) 957-3386.  The documents are also available on the Internet at                         *http://www.nwr.noaa.gov/​*.  Comments will not                               ( print page 23005)                            be accepted if submitted via e-mail or the Internet.                    

# FOR FURTHER INFORMATION CONTACT:

                        Lance Kruzic, Roseburg, OR at phone number 541-957-3381 or e-mail:                         *lance.kruzic@noaa.gov*,.                    

# SUPPLEMENTARY INFORMATION:

                    This notice is relevant to the Upper Willamette River Steelhead (                    *Oncorhynchus mykiss*) Evolutionarily Significant Unit (ESU).                

## Background

                    ODFW has submitted to NMFS an FMEP (                    *Upper Willamette River Winter Steelhead in Sport Fisheries of the Upper Willamette Basin*) for inland recreational fisheries potentially affecting listed adult and juvenile UWR steelhead.  These include fisheries occurring in the Willamette River and tributaries above Willamette Falls, including the North and South Santiam Rivers, and the Molalla River.  The objective of the FMEP is to harvest known, hatchery-origin steelhead and other fish species in a manner that does not jeopardize the survival and recovery of the UWR steelhead ESU.  All fisheries included in this FMEP will be managed such that only hatchery-origin steelhead that are adipose fin clipped may be retained.  Impacts levels to listed UWR steelhead are specified in the FMEP.  Population viability analysis and risk assessments in the FMEP indicate the extinction risk for listed steelhead under the proposed fishery impact levels to be low.  A variety of monitoring and evaluation tasks are specified in the FMEP to assess the abundance of steelhead, determine fishery effort and catch of steelhead and angler compliance.  A review of compliance with the provisions of the FMEP will be conducted by ODFW annually and a comprehensive review to evaluate the effectiveness of the FMEP will occur at a minimum of every 5 years.                

                    ODFW has provided NMFS a draft of the                     *Conservation Assessment of Steelhead Populations in Oregon*                     (Assessment) as part of the FMEP submittal.  The Assessment provides the population viability analysis and risk assessment developed for ODFW’s FMEP.  This Assessment is also available for review and comment.                

As specified in the July 10, 2000 ESA 4(d) rule for salmon and steelhead (65 FR 42422), NMFS may approve an FMEP if it meets criteria set forth in § 223.203 (b)(4)(i)(A) through (I).  Prior to final approval of an FMEP, NMFS must publish notification announcing its availability for public review and comment.

## 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) specifies 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 fishery harvest provided that an FMEP has been approved by NMFS to be in accordance with the salmon and steelhead ESA 4(d) rule (65 FR 42422, July 10, 2000).

Dated: April 30, 2001.

Margaret Lorenz,

Acting Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service.

[FR Doc. 01-11421 Filed 5-4-01; 8:45 am]

BILLING CODE  3510-22-S