Notice2022-18482
Endangered and Threatened Species; Take of Anadromous Fish
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 29, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
Notice is hereby given that NMFS has received one permit application submitted by FISHBIO Environmental, LLC. (FISHBIO) to enhance the propagation and survival of species listed under the Endangered Species Act (ESA) of 1973, as amended, for a 5 year period. This document serves to notify the public of the availability of the renewal permit application for review and comment, prior to a decision by NMFS whether to issue the permit application may be viewed online at: https://apps.nmfs.noaa.gov/preview/preview_open_for_comment.cfm.
Full Text
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<title>Federal Register, Volume 87 Issue 166 (Monday, August 29, 2022)</title>
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[Federal Register Volume 87, Number 166 (Monday, August 29, 2022)]
[Notices]
[Pages 52751-52752]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18482]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC298]
Endangered and Threatened Species; Take of Anadromous Fish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), U. S. Department of Commerce.
ACTION: Notice of receipt of application, for one scientific
enhancement permit application and request for comment.
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SUMMARY: Notice is hereby given that NMFS has received one permit
application submitted by FISHBIO Environmental, LLC. (FISHBIO) to
enhance the propagation and survival of species listed under the
Endangered Species Act (ESA) of 1973, as amended, for a 5 year period.
This document serves to notify the public of the availability of the
renewal permit application for review and comment, prior to a decision
by NMFS whether to issue the permit application may be viewed online
at: <a href="https://apps.nmfs.noaa.gov/preview/preview_open_for_comment.cfm">https://apps.nmfs.noaa.gov/preview/preview_open_for_comment.cfm</a>.
DATES: Written comments on the permit application must be received at
the appropriate email address (see ADDRESSES) on or before September
28, 2022.
ADDRESSES: Written comments on the permit application should be
submitted to NMFS California Central Valley Office via email to Meiling
Colombano (<a href="/cdn-cgi/l/email-protection#7e131b1712171019501d111211131c1f10113e10111f1f50191108"><span class="__cf_email__" data-cfemail="dab7bfb3b6b3b4bdf4b9b5b6b5b7b8bbb4b59ab4b5bbbbf4bdb5ac">[email protected]</span></a>).
FOR FURTHER INFORMATION CONTACT: Meiling Colombano (email:
<a href="/cdn-cgi/l/email-protection#412c24282d282f266f222e2d2e2c23202f2e012f2e20206f262e37"><span class="__cf_email__" data-cfemail="2f424a4643464148014c404340424d4e41406f41404e4e01484059">[email protected]</span></a>; phone: 916-204-3406). Permit application
instructions are available online at <a href="https://apps.nmfs.noaa.gov">https://apps.nmfs.noaa.gov</a>.
SUPPLEMENTARY INFORMATION:
ESA-Listed Species Covered in This Notice
Chinook salmon (Oncorhynchus tshawytscha): Threatened, naturally
produced and hatchery propagated Central Valley (CV) spring-run;
Steelhead (O. mykiss): Threatened, naturally produced and
artificially propagated California Central Valley (CCV) Distinct
Population Segment of steelhead;
North American green sturgeon (Acipenser medirostris): Threatened,
naturally produced southern Distinct Population Segment (sDPS) of North
American green sturgeon.
Authority
Scientific research and enhancement 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-
227). NMFS issues permits based on findings that such permits (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.
This notice is provided pursuant to section 10(c) of the ESA. NMFS
will evaluate the application, associated documents, and any comment
submitted to determine whether the application meets 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 and consideration of any comment submitted therein. NMFS will
publish notice of the final action on the subject permit application in
the Federal Register.
Those individuals requesting a hearing on the application listed in
this notice should provide the specific reasons why a hearing on the
application would be appropriate (see ADDRESSES). Such a hearing is
held at the discretion of the Assistant Administrator for Fisheries,
NOAA.
All statements and opinions contained in the permit action summary
are those of the applicant and do not necessarily reflect the views of
NMFS.
Permit Application Received
Permit 21477-2R
FISHBIO has applied for a renewal enhancement permit under section
10(a)(1)(A) of the ESA for a period of 5 years that would allow take of
both adult and juvenile CV spring-run Chinook salmon, CCV steelhead,
and sDPS green sturgeon. Federal legislation (section 4010 of the Water
Infrastructure Improvement for the Nation Act (WIIN Act); December 16,
2016) requires the Oakdale Irrigation District and South
[[Page 52752]]
San Joaqu[iacute]n Irrigation District (Districts) and NMFS to jointly
establish a nonnative predator research and pilot fish removal program
in the Stanislaus River to investigate whether nonnative predator
removal is an effective strategy to improve overall conditions for
native fish, especially the survival of juvenile salmonids. The general
approach of the program is intended to build off previous nonnative
predator removal studies conducted in the Central Valley, as well as
build off of the previous 5 years of data collected under the first
permit (21477). The program will allow examination of the biological
and ecological responses of both ESA-listed and non-federally listed
native fish (particularly salmonids) and the fish community in relation
to predator exclusion and removal efforts. Specific study questions
will focus on changes in the densities and relative abundances in these
native fish and fish community assemblages.
The program will be carried out using three primary methods: (1) An
exclusion weir equipped with a live box (or fyke trap) will be used to
trap and remove nonnative predatory fish. Native fish will be trapped
daily and selectively passed upstream of the weir to reduce the
potential for in-trap predation and minimize delays in migration; (2)
sampling via boat electrofishing is proposed to estimate the abundance
of nonnative predators and to conduct predator removals; and (3)
survival will be assessed by conducting releases of hatchery-origin
Chinook salmon juveniles, fitted with acoustic tags, upstream of areas
where predator removal has occurred.
Although ESA-listed species are not directly targeted by the
program, they may be incidentally captured and handled during
electrofish sampling. Efforts will be made to limit electrofishing in
areas where juvenile salmonids may be present or rearing.
Electrofishing will follow guidelines to minimize injury and mortality
and established measures will be taken to protect species listed under
the ESA. The proposed operation of a weir in the Stanislaus River could
impact ESA-listed species by delaying upstream migration of the adult
lifestage. Additionally, trapping at the weir may result in the capture
of adult ESA-listed species. These effects will be minimized by
frequent (at least daily) trap checks at the site and prioritization of
ESA-listed species for handling and release prior to other non-listed
species.
Public Comments Solicited
NMFS invites the public to comment on the section 10(a)(1)(A)
renewal enhancement permit application during a 30-day public comment
period beginning on the date of this notice. This notice is provided
pursuant to section 10(c) of the ESA (16 U.S.C. 1529(c)). All comments
and materials received, including names and addresses, will become part
of the administrative record and may be released to the public. We
provide this notice in order to allow the public, agencies, or other
organizations to review and comment on these documents.
Next Steps
NMFS will evaluate the permit application, associated documents,
and comments submitted to determine whether the application meets the
requirements of section 10(a)(1)(A) of the ESA and Federal regulations.
The final permit decisions will not be made until after the end of the
30-day public comment period and after NMFS has fully considered all
relevant comments received. NMFS will publish notice of its final
action in the Federal Register.
Dated: August 23, 2022.
Lisa Manning,
Acting Chief, Endangered Species Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2022-18482 Filed 8-26-22; 8:45 am]
BILLING CODE 3510-22-P
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