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Endangered and Threatened Species; Take of Anadromous Fish

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


The Makah Indian Tribe, and the Washington Department of Fish and Wildlife as the co-managing fisheries resource manager, have submitted a joint Resource Management Plan (RMP) pursuant to the protective regulations promulgated for the Ozette Lake Sockeye Salmon Evolutionary Significant Unit (ESU) under the Endangered Species Act (ESA). The RMP specifies artificial propagation, research, and monitoring and evaluation measures potentially affecting listed Ozette Lake sockeye salmon. This document serves to notify the public of the availability for comment of the proposed evaluation of the Secretary of Commerce (Secretary) as to how the RMP addresses the criteria in the ESA. NMFS also announces the availability of a draft Environmental Assessment (EA) for the pending determination.


Written comments on the Secretary's evaluation must be received at the appropriate address or fax number (see ADDRESSES) no later than 5 p.m. Pacific Standard Time on September 3, 2002.


Written comments and requests for copies of the proposed evaluation and draft environmental assessment should be addressed to Tim Tynan, Sustainable Fisheries Division, National Marine Fisheries Service, 510 Desmond Drive, Suite 103, Olympia, WA 98503. Comments may also be sent via fax to 360/753-9517. The documents are also available on the Internet at​, Sustainable Fisheries Division site. Comments will not be accepted if submitted via e-mail or the Internet.

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Tim Tynan at phone number: 360/753-9579, or e-mail: regarding the RMP.

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This notice is relevant to the Ozette Lake sockeye salmon (Oncorhynchus nerka) ESU.


The Makah Indian Tribe, and the Washington Department of Fish and Wildlife as the co-managing resource management agency under the United States v. Washington fisheries management framework, have provided a joint RMP in the form of a Hatchery and Genetic Management Plan (HGMP) for Ozette Lake sockeye salmon. The RMP encompasses artificial propagation, research, and monitoring and evaluation activities within the range of the Ozette Lake sockeye salmon ESU. The range of the ESU is the Ozette River, Ozette Lake, and Ozette Lake tributaries accessible to anadromous salmon. Performance objectives specified in the RMP include establishment of self-sustaining tributary-spawning sockeye aggregations to increase natural spawning fish abundance levels in the Ozette Lake Basin. The RMP also includes research and monitoring and evaluation actions designed to identify life history characteristics of the listed beach spawning sockeye salmon population, and factors limiting the productivity of the listed sockeye salmon ESU. Monitoring and evaluation programs are also used to insure that the proposed artificial propagation measures are consistent with listed sockeye salmon conservation objectives.

As required by Section 223.203 (b)(6) of the ESA 4(d) Rule, the Secretary must determine pursuant to 50 CFR 223.203 and pursuant to the government-to-government processes therein whether the RMP for Ozette Lake sockeye salmon would appreciably reduce the likelihood of survival and recovery of the Ozette Lake sockeye salmon and other affected threatened ESUs. The Secretary must take comments on how the RMP addresses the criteria in 223.203(b)(5) in making that determination. The final National Environmental Policy Act and RMP 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.


Under section 4 of the ESA, NMFS, by delegated authority from the Secretary of Commerce, is required to adopt such regulations as he deems necessary and advisable for the conservation of the 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 actions undertaken in compliance with a RMP developed jointly by the Tribes and the State of Washington (joint plan) and determined by the Secretary to be in accordance with the salmon and steelhead 4(d) Rule (65 FR 42422, July 10, 2000).

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Dated: July 26, 2002.

Phil Williams,

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

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[FR Doc. 02-19428 Filed 7-31-02; 8:45 am]