Notice2024-11466
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
May 24, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
Notice is hereby given that NMFS has received one permit application submitted by California Department of Fish and Wildlife (CDFW) to enhance the propagation and survival of species listed under the Endangered Species Act (ESA) of 1973, for a 5-year period. This document serves to notify the public of the availability of the permit application for review and comment, prior to a decision by NMFS whether to issue the permit. 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 89 Issue 102 (Friday, May 24, 2024)</title>
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[Federal Register Volume 89, Number 102 (Friday, May 24, 2024)]
[Notices]
[Pages 45857-45858]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11466]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD980]
Endangered and Threatened Species; Take of Anadromous Fish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of receipt; of one 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 California Department of Fish and Wildlife
(CDFW) to enhance the propagation and survival of species listed under
the Endangered Species Act (ESA) of 1973, for a 5-year period. This
document serves to notify the public of the availability of the permit
application for review and comment, prior to a decision by NMFS whether
to issue the permit. 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: Comments or requests for a public hearing on the application
must be received at the appropriate address or fax number (see
ADDRESSES) no later than 5 p.m. Pacific standard time on June 24, 2024.
ADDRESSES: Written comments on the application should be submitted to
the NMFS California Central Valley Office, 650 Capitol Mall, Suite 5-
100, Sacramento, CA 95814. Comments may also be submitted via fax to
916-930-3629, or by email to <a href="/cdn-cgi/l/email-protection#3f7e5353564c5051117d504c48504d4b577f51505e5e11585049"><span class="__cf_email__" data-cfemail="83c2efefeaf0ecedadc1ecf0f4ecf1f7ebc3edece2e2ade4ecf5">[email protected]</span></a> (include Permit
Number 28026 in the subject line of the fax or email).
FOR FURTHER INFORMATION CONTACT: Allison Bosworth, Sacramento, CA
(Phone: 916-358-0117; Email: <a href="/cdn-cgi/l/email-protection#256449494c564a4b0b674a56524a57514d654b4a44440b424a53"><span class="__cf_email__" data-cfemail="2f6e4343465c4041016d405c58405d5b476f41404e4e01484059">[email protected]</span></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.
Permit Application Received
Permit 28026
CDFW has applied for an enhancement of survival permit under
section 10(a)(1)(A) of the ESA for a period of 5 years that would allow
take of all life stages of CV spring-run Chinook salmon. CDFW proposes
to begin testing and implementing reintroduction pilot work in North
Yuba River and to build on existing knowledge from reintroduction
efforts in other locations. A primary objective of the Proposed Project
is that these collections do not have an adverse impact on the survival
and recovery of the Evolutionarily Significant Unit (ESU) of Central
Valley spring-run Chinook salmon and/or of the populations within each
potential source stream. Spring-run Chinook salmon would be released to
the Upper Yuba River designated as an experimental population under
section 10(j) of the ESA.
The final 10(j) and 4(d) rules were issued by NMFS in December 2022
(87 FR 79808). The California Central Valley Salmon and Steelhead
Recovery Plan (NMFS 2014) recognizes the value of establishing an Upper
Yuba population and lists the implementation of a spring-run Chinook
Salmon reintroduction strategy on the Upper Yuba River as a priority
recovery action. In addition, the newly released California Salmon
Strategy recognizes initiating a salmon reintroduction program in the
Yuba River as a priority action to remove barriers and modernize
infrastructure for salmon migration (Newsom 2024).
This application includes: (1) the collection of spring-run Chinook
salmon eggs from Feather River Fish Hatchery (FRFH) and incubation
instream or adjacent to North Yuba River; (2) the release of spring-run
Chinook salmon juveniles into the North Yuba River and transport to
lower Yuba River below Englebright Dam above Daguerre Point Dam; (3)
the collection of FRFH adults to release into North Yuba River above
impassable barriers to spawn naturally; (4) the use of various types of
tags, marking, and genetic sampling for the purpose of tracking and
monitoring; (5) implementing surveys of holding adults; (6)
implementing spawning and carcass surveys; and (7) installation of
approved nets and traps to aid in population monitoring.
Authority
Enhancement of survival 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 part 222). 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;
(3) are consistent with the purposes and policies of section 2 of the
ESA; and (4) further a bona fide and necessary or desirable scientific
purpose or enhance the propagation or survival of the endangered
species, taking into account the benefits anticipated to be derived on
behalf of the endangered species; and additional issuance criteria as
listed at 50 CFR 222.308(c)(5-12). The authority to take listed species
is subject to conditions set forth in the permit.
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.
Public Comments Solicited
NMFS invites the public to comment on the section 10(a)(1)(A)
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 applications meet 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
[[Page 45858]]
fully considered all relevant comments received. NMFS will publish
notice of its final action in the Federal Register.
Dated: May 20, 2024.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2024-11466 Filed 5-23-24; 8:45 am]
BILLING CODE 3510-22-P
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