[Federal Register: May 12, 2004 (Volume 69, Number 92)]
[Notices]
[Page 26364-26366]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12my04-29]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 042304A]
Notice of Intent to Conduct Public Scoping and Prepare an
Environmental Impact Statement Related to Two Joint State and Tribal
Resource Management Plans for Puget Sound Region Hatchery Programs
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of Intent to prepare an Environmental Impact Statement.
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SUMMARY: Pursuant to the National Environmental Policy Act (NEPA), this
notice advises the public that NMFS intends to gather information
necessary to prepare an Environmental Impact Statement (EIS). The EIS
will identify effects on the human environment that may potentially
result from implementation of two hatchery Resource Management Plans
jointly proposed by the Washington Department of Fish and Wildlife and
the Puget Sound Treaty Tribes (referred to as the co-managers) for NMFS
evaluation and determination under the Endangered Species Act for
threatened salmon. The Resource Management Plans are the proposed
framework through which the co-managers would jointly manage Puget
Sound region hatchery programs rearing steelhead and chinook, coho,
pink, sockeye, and chum salmon while meeting conservation requirements
specified under the Endangered Species Act (ESA).
NMFS provides this notice to (1) advise other agencies and the
public of our intentions and, (2) obtain suggestions and information on
the scope of issues to include in the EIS.
DATES: Written scoping comments are encouraged, and should be received
at the appropriate address or fax number (see ADDRESSES) no later than
5 p.m. Pacific daylight time on July 12, 2004. NMFS will hold four
public scoping
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meetings. Each meeting will begin at 6 p.m. with a half-hour open house
to accommodate informal discussion; presentations will begin at 6:30
p.m.
The meeting dates and locations are:
June 7, 2004, 6 - 8:30 p.m., Public Utility District No. 1 of
Skagit County, 1415 Freeway Drive, Mount Vernon, WA.
June 8, 2004, 6 - 8:30 p.m., NOAA Office, 7600 Sand Point Way N.E.,
Building 9 Auditorium, Seattle, WA.
June 14, 2004, 6 - 8:30 p.m., Mary E. Theler Community Center, 2871
NE State Route 3, Belfair, WA.
June 15, 2004, 6 - 8:30 p.m., Jefferson County Public Library, 620
Cedar Avenue, Port Hadlock, WA.
ADDRESSES: Address comments and requests for information related to
preparation of the EIS, or requests to be added to the mailing list for
this project, to Allyson Ouzts, NMFS, 525 N.E. Oregon Street, Suite
510, Portland, OR 97232; facsimile (503) 872-2737. Comments may be
submitted by e-mail to the following address:
PShatcheryEIS.nwr@noaa.gov. In the subject line of the e-mail, include
the document identifier: Puget Sound Region Hatchery EIS. Comments and
materials received will be available for public inspection, by
appointment, during normal business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Allyson Ouzts, NMFS, by phone at (503)
736-4736. In addition, further information regarding this project,
including the co-managers' Resource Management Plans and their
associated HGMPs may be found at: http://www.nwr.noaa.gov.
SUPPLEMENTARY INFORMATION:
Species Listed in This Notice
The following species and Evolutionarily Significant Units (ESUs)
under NMFS jurisdiction potentially would be affected by the proposed
action:
Puget Sound chinook salmon (Oncorhynchus tshawytscha)
Hood Canal summer chum salmon (O. keta)
Steller sea-lions (Eumetopias jubatus).
Listed species regulated by the United States Fish and Wildlife
Service that may be affected by the proposed action include bull trout
(Salvelinus confluentus), bald eagles (Haliaeetus leucocephalus), brown
pelicans (Pelecanus occidentalis), marbled murrelets (Brachyramphus
marmoratus marmoratus), and Northern spotted owls (Strix occidentalis
caurina).
Background
NEPA requires Federal agencies to conduct an environmental analysis
of their proposed actions to determine if the actions may affect the
human environment. According to NMFS' NEPA environmental review
procedures (NAO-216.6), NMFS' action of evaluating the co-managers'
Resource Management Plans for ESA compliance is a major Federal action
subject to environmental review under NEPA. Therefore, NMFS is seeking
public input on the scope of the required NEPA analysis, including the
range of reasonable alternatives and the associated impacts of any
alternatives.
The ESA contains several sections that set the foundation for
managing listed species. Section 9(a)(1) of the ESA makes it illegal
for any person subject to United States jurisdiction to ``take'' ESA
listed Pacific salmon without authorization from NMFS. The term
``take'' is defined under the ESA as to harass, harm, pursue, hunt,
shoot, wound, kill, trap, capture, collect, or to attempt to engage in
any such conduct (16 U.S.C. 1532(19)). NMFS' definition of harm
includes significant habitat modification or degradation where it kills
or injures fish or wildlife by significantly impairing essential
behavioral patterns, which include breeding, feeding, spawning,
migrating, rearing, and sheltering (64 FR 60727, November 8, 1999).
Section 4(d) of the ESA discusses the treatment of species listed
as threatened. It states that, whenever a species is listed as
threatened, the Secretary ``shall issue such regulations as he deems
necessary and advisable to provide for the conservation of the
species.'' Such protective regulations may include any or all of the
prohibitions that apply automatically to protect endangered species
under ESA section 9.
In 2000, NMFS applied the ESA section 9 take prohibitions to
several threatened salmonid species. However, NMFS also provided some
exceptions to the application of these section 9 take prohibitions.
These exceptions are referred to as 4(d) limits; they specify
categories of activities to which section 9 take prohibitions may not
apply when activities contribute to conserving listed salmonids or are
governed by programs that adequately limit impacts on listed salmonids.
Under Limit 6 of the 4(d) Rule, State and Tribal governments
conducting jointly-managed hatchery or fishery activities would not be
subject to the ESA section 9 take prohibitions provided that activities
are implemented under a Resource Management Plan that meets the
requirements of Limit 6. For NMFS to determine that a Resource
Management Plan meets the requirements of Limit 6, the plan must
clearly state its intended scope and area of impact and define
management objectives consistent with the criteria referenced in Limit
6 of the 4(d) rule.
The co-managers have jointly submitted to NMFS two Resource
Management Plans for Puget Sound region hatcheries. One plan describes
hatchery programs that produce chinook salmon. The other plan describes
hatchery programs that produce steelhead, and coho, sockeye, pink, and
chum salmon. Appended to the overarching Resource Management Plans are
117 individual Hatchery and Genetic Management Plans (HGMPs) for each
hatchery program. The HGMPs describe each hatchery program in more
detail, including specific measures proposed by the co-managers to
minimize the risk of adversely affecting Puget Sound chinook salmon and
Hood Canal summer chum salmon. NMFS listed both salmon species as
threatened in March 1999 (64 FR 14308). The Puget Sound chinook salmon
Evolutionarily Significant Unit (ESU; NMFS' application of distinct
population segment to salmon) includes all naturally spawned spring,
summer, and fall runs of chinook salmon in the Puget Sound region from
the North Fork Nooksack River, extending into south Puget Sound, Hood
Canal, and the eastern Strait of Juan de Fuca, including the Elwha
River on the Olympic Peninsula. This ESU is located in portions of
Clallam, Island, King, Kitsap, Jefferson, Mason, Pierce, San Juan,
Skagit, Snohomish, Thurston, and Whatcom Counties in Washington State.
The Hood Canal summer chum salmon ESU includes all naturally spawned
summer-run chum in tributaries to Hood Canal and Discovery, Sequim, and
Dungeness Bays in the eastern Strait of Juan de Fuca. This ESU is
located in portions of Clallam, Jefferson, Kitsap, and Mason Counties
of Washington State.
NMFS will conduct an environmental review of the Resource
Management Plans and prepare an EIS. The EIS will consider potential
impacts on listed and non-listed species and their habitats, water
quality and quantity, socioeconomics, and environmental justice. The
EIS could also include information regarding potential impacts on other
components of the human environment, including air quality,
transportation, and cultural resources.
NMFS will rigorously explore and objectively evaluate a full range
of
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reasonable alternatives in the EIS including the proposed action
(implementation of the co-managers' Resource Management Plans) and a No
Action alternative. Additional alternatives could include at least the
following: (1) a decrease in artificial production in selected programs
that have a primary goal of augmenting fisheries, and (2) an increase
in artificial production in selected programs that have a primary goal
of augmenting fisheries.
Comments and suggestions are invited from all interested parties to
ensure that the EIS considers the full range of related issues and
alternatives to the proposed action. NMFS requests that comments be as
specific as possible. In particular, NMFS requests information
regarding: other possible alternatives; the direct, indirect, and
cumulative impacts that implementation of the proposed Resource
Management Plans could have on endangered and threatened species and
their communities and habitats; potential adaptive management and/or
monitoring provisions; funding issues; baseline environmental
conditions in Clallam, Island, King, Kitsap, Jefferson, Mason, Pierce,
San Juan, Skagit, Snohomish, Thurston, and Whatcom Counties; other
plans or projects that might be relevant to this proposed project; and
potential methods to minimize and mitigate for impacts.
Written comments concerning the proposed action and its
environmental review should be directed to NMFS as described above (see
ADDRESSES). All comments and materials received, including names and
addresses, will become part of the administrative record and may be
released to the public. Questions may be directed to Allyson Ouzts with
NMFS at (503) 736-4736.
The environmental review of this project will be conducted in
accordance with the requirements of the National Environmental Policy
Act of 1969, as amended (42 U.S.C. 4321 et seq.), National
Environmental Policy Act Regulations (40 CFR 1500 parts 1508), and
other appropriate Federal laws and regulations, and policies and
procedures of NMFS for compliance with those regulations.
Dated: May 7, 2004.
Phil Williams,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 04-10788 Filed 5-11-04; 8:45 am]
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