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###### Department of Commerce

###### National Oceanic and Atmospheric Administration

          - RIN 0648-XP38

# AGENCY:

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

# ACTION:

Application for one scientific research permit modification.

# SUMMARY:

                        Notice is hereby given that NMFS has received one scientific research permit application request 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 application may be viewed on the NMFS website at                         *https://apps.nmfs.noaa.gov/​preview/​preview_​open_​for_​comment.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 June 22, 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 are available from the address above.                    

# SUPPLEMENTARY INFORMATION:

## Species Covered in This Notice

The following listed species are covered in this notice:

                    Chinook salmon (                    *Oncorhynchus tshawytscha*): threatened Snake River (SR) spring/summer, threatened SR fall.                

                    Steelhead (                    *O. mykiss*): threatened 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 222-226). NMFS issues permits based on findings that such permits: (1) are applied for in good faith; (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 1134 - 5M

                    The Columbia River Inter-Tribal Fish Commission (CRITFC) is seeking to modify Permit 1134, under which they have been conducting research for more than ten years. The original permit was in place for five years (63 FR 30199) with one amendment (67 FR 43909); it expired on December 31, 2002. The next permit was also in place for five years expiring on December 31, 2007; it was renewed in 2008. The CRITFC is now asking to modify the permit to increase listed species take particularly for SR fall Chinook salmon. The permit would continue covering five study projects that, among them, would annually take adult and juvenile threatened SR fall Chinook salmon; adult and juvenile threatened SR spring/summer Chinook salmon; and adult and juvenile threatened SR steelhead in the Snake River basin. There have been some changes in the research over the last ten                           ( print page 23845)                        years, nonetheless, the projects proposed are largely continuations of ongoing research. They are: Project 1 - Adult Spring/Summer and Fall Chinook Salmon and Summer Steelhead Ground and Aerial Spawning Ground Surveys; Project 2 - Cryopreservation of Spring/Summer Chinook Salmon and Summer Steelhead Gametes; Project3 - Adult Chinook Salmon Abundance Monitoring Using Video Weirs, Acoustic Imaging, and PIT tag Detectors in the South Fork Salmon River; Project 4 - Snorkel, Seine, Fyke Net, Minnow Trap, and Electrofishing Surveys and Collection of Juvenile Chinook Salmon and Steelhead; and Project 5 - Juvenile Anadromous Salmonid Emigration Studies Using Rotary Screw Traps. Under these tasks, listed adult and juvenile salmon would be variously (a) observed/harassed during fish population and production monitoring surveys; (b) captured (using seines, trawls, traps, hook-and-line angling equipment, and electrofishing equipment) and anesthetized; (c) sampled for biological information and tissue samples, (d) PIT-tagged or tagged with other identifiers, (e) and released. The CRITFC does not intend to kill any of the fish being captured, but a small percentage may die as a result of the research activities.                

The research has many purposes and would benefit listed salmon and steelhead in different ways. However, in general, the studies are part of ongoing efforts to monitor the status of listed species in the Snake River basin and to use those data to inform decisions about land and fisheries management actions and to help prioritize and plan recovery measures for the listed species. Under the proposal, the studies would continue to benefit listed species by generating population abundance estimates, allowing comparisons to be made between naturally reproducing populations and those being supplemented with hatchery fish, and helping preserve listed salmon and steelhead genetic diversity.

                    This notice is provided pursuant to section 10(c) of the ESA. NMFS will evaluate the application, associated documents, and comments submitted to determine whether the application meets the requirements of section 10(a) of the ESA and Federal regulations. The final permit decision 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: May 15, 2009.

Angela Somma,

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

[FR Doc. E9-11943 Filed 5-20-09; 8:45 am]

BILLING CODE 3510-22-S