Notice2023-17184
Endangered and Threatened Species; Notice of Intent To Prepare a Programmatic Environmental Impact Statement for NOAA's Expenditure of Funds To Increase Prey Availability for Southern Resident Killer Whales
Primary source
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Published
August 10, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This notice announces an Environmental Impact Statement (EIS) will be prepared in accordance with the National Environmental Policy Act (NEPA) to analyze the impacts to the environment of alternatives related to a funding program addressing species affected by fisheries managed under the Pacific Salmon Treaty (PST). NMFS intends to make funding decisions related to increasing the availability of prey to Southern Resident Killer Whales (SRKWs). This notice is necessary to inform the public of NMFS's intent to prepare this EIS and to provide the public with an opportunity to provide input for NMFS's consideration.
Full Text
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<title>Federal Register, Volume 88 Issue 153 (Thursday, August 10, 2023)</title>
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[Federal Register Volume 88, Number 153 (Thursday, August 10, 2023)]
[Notices]
[Pages 54301-54302]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17184]
[[Page 54301]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD203]
Endangered and Threatened Species; Notice of Intent To Prepare a
Programmatic Environmental Impact Statement for NOAA's Expenditure of
Funds To Increase Prey Availability for Southern Resident Killer Whales
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of intent to prepare an environmental impact statement,
request for comments.
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SUMMARY: This notice announces an Environmental Impact Statement (EIS)
will be prepared in accordance with the National Environmental Policy
Act (NEPA) to analyze the impacts to the environment of alternatives
related to a funding program addressing species affected by fisheries
managed under the Pacific Salmon Treaty (PST). NMFS intends to make
funding decisions related to increasing the availability of prey to
Southern Resident Killer Whales (SRKWs). This notice is necessary to
inform the public of NMFS's intent to prepare this EIS and to provide
the public with an opportunity to provide input for NMFS's
consideration.
DATES: The NMFS requests comments concerning the scope of the analysis,
and identification of relevant information, studies, and analyses. All
comments must be received by 11:59 p.m. Eastern Time on September 25,
2023.
ADDRESSES: Send written comments to NOAA Fisheries, 2900 NW Stewart
Parkway, Roseburg, OR 97471. Comments may also be sent via email to
<a href="/cdn-cgi/l/email-protection#eb838a9f88838e99828e98c59b9e89878288c5888486868e859fab85848a8ac58c849d"><span class="__cf_email__" data-cfemail="1f777e6b7c777a6d767a6c316f6a7d73767c317c7072727a716b5f71707e7e31787069">[email protected]</span></a>. For further information, please see
the following website: <a href="https://www.fisheries.noaa.gov/action/review-prey-increase-program-southern-resident-killer-whales">https://www.fisheries.noaa.gov/action/review-prey-increase-program-southern-resident-killer-whales</a>.
Instructions: It is important that reviewers provide their comments
at such times and in such manner that they are useful to the agency's
preparation of the EIS. Therefore, comments should be provided prior to
the close of the comment period and should help NMFS identify potential
alternatives, information, and analyses relevant to the proposed
action. Comments must be submitted by one of the above methods to
ensure they are received, documented, and considered by NMFS. Comments
sent by any other method, to any other address or individual, or
received after the end of the comment period, may not be considered.
All comments received are a part of the public record. All personal
identifying information (e.g., name, address, etc.) submitted
voluntarily by the sender will be publicly accessible. Do not submit
confidential business information, or otherwise sensitive or protected
information. NMFS will accept anonymous comments.
FOR FURTHER INFORMATION CONTACT: Lance Kruzic, NMFS, 541-802-3728,
<a href="/cdn-cgi/l/email-protection#5931382d3a313c2b303c2a77292c3b35303a773a3634343c372d1937363838773e362f"><span class="__cf_email__" data-cfemail="a0c8c1d4c3c8c5d2c9c5d38ed0d5c2ccc9c38ec3cfcdcdc5ced4e0cecfc1c18ec7cfd6">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Purpose and Need for the Proposed Action
The purpose and need of the proposed action is to provide for
additional prey (food) for the benefit of SRKWs, which are listed as
endangered under the Endangered Species Act (ESA) consistent with
applicable laws and treaties.
Preliminary Proposed Action and Alternatives
The United States and Canada have an agreement for the management
of Chinook salmon and the fisheries that affect Chinook stocks that is
part of the PST. This agreement was renewed in 2019 and is currently in
effect through 2028. In association with the renewed agreement, the
U.S. section of the Pacific Salmon Commission, the international body
that implements the PST, agreed to seek Federal funding for activities
to conserve certain species listed under the ESA that are affected by
fisheries managed under the PST. Congress has appropriated annual
funding for these activities in 2020 through 2023. A portion of the
funding has been awarded to hatchery operators in the Pacific Northwest
to increase production of Chinook salmon for the purpose of increasing
prey for SRKWs.
NMFS is proposing to continue implementation of the funding program
to increase prey for the benefit of SRKWs. Beginning in 2020, NMFS
funded the production of additional hatchery Chinook salmon in existing
hatchery programs in Washington, Oregon, and Idaho. Specific criteria
were developed to guide these funding decisions to maximize the
benefits to SRKWs, while mitigating potential adverse effects to salmon
and steelhead listed under the ESA. NMFS conducted site-specific NEPA
analyses for each funding decision or otherwise ensured that effects
from funding specific hatcheries were evaluated within existing NEPA
analyses. However, in a recent court ruling (Wild Fish Conservancy v.
Rumsey, W.D. Wash., Order Adopting Report and Recommendation, August 8,
2022), the court found that NMFS failed to conduct adequate NEPA
analysis for the adoption of the prey increase program. This EIS
responds to the court's decision.
We will also be evaluating the effects of a No Action alternative,
in which no Federal funding would be used to increase available Chinook
prey for the benefit of SRKWs. NMFS is also planning to evaluate other
possibilities. For example, instead of funding additional prey for
SRKWs in the form of hatchery fish, funding could instead be used to
improve the productivity of natural-origin salmon through habitat
restoration/enhancement. Another alternative could reduce fishing
impacts on select salmon stocks instead of producing additional
hatchery fish. Through this notice, we are seeking input on these
potential alternatives to help shape the development of our EIS
consistent with our purpose and need for the proposed action.
Summary of Expected Impacts
The EIS will evaluate a range of alternatives, and the effects of
these alternatives, on the human environment. Key resources to be
considered include, but are not limited to, SRKWs and other wildlife
species, salmon and steelhead, socioeconomics, and aquatic habitats.
Considering a range of alternatives means there is a range of impacts
to the key resources specified above that would be evaluated in the
EIS, such as different abundances of hatchery salmon available as prey
for SRKWs, reduced fishery impacts and corresponding salmon abundances,
and effects of additional hatchery salmon production on ESA-listed
salmon and steelhead.
Anticipated Permits and Authorizations
The following consultations, permits, and/or other authorizations
may be required as part of NMFS' continued funding to increase the
availability of prey (food) for SRKWs: ESA Section 7 consultations, ESA
Section 4(d) authorizations or Section 10 permits, Magnuson-Stevens
Fishery Conservation and Management Act Essential Fish Habitat
consultation; and consultation with Indian Tribes.
Schedule for the Decision-Making Process
The draft environmental impact statement is scheduled to be made
available for public review in the fall of
[[Page 54302]]
2023, and issuance of the final environmental impact statement is
scheduled for spring of 2024, with a Record of Decision issued soon
thereafter.
Public Scoping Process
This notice of intent initiates the scoping process, which helps
guide the development of the EIS. NMFS is hosting public webinars for
informational purposes within the scoping period. Information on the
webinar dates and times, and instructions for connecting or calling
into the webinar will be posted at: <a href="https://www.fisheries.noaa.gov/action/review-prey-increase-program-southern-resident-killer-whales">https://www.fisheries.noaa.gov/action/review-prey-increase-program-southern-resident-killer-whales</a>.
Accommodations for persons with disabilities are available;
accommodation requests should be directed to Lance Kruzic (see FOR
FURTHER INFORMATION CONTACT) at least 10 working days prior to the
webinar.
Public comments will not be accepted during the webinars.
Request for Identification of Potential Alternatives, Information, and
Analyses Relevant to the Proposed Action
The primary purpose of the scoping process is for the public to
assist NMFS in developing the EIS. NMFS requests that the comments be
specific. In particular, we request information regarding: any science
that would be relevant in this assessment; significant issues;
identification of impacts of concern; review and input regarding
monitoring; possible alternatives that meet the purpose and need;
effects or impacts to the human environment from the proposed action or
alternatives.
Decision Maker
Regional Administrator for the West Coast Region, NMFS.
Nature of Decision To Be Made
If after publication of the Record of Decision, we determine that
all requirements are met for NMFS' NEPA and ESA responsibilities, we
may continue to provide funding for the production of additional prey
for SRKWs.
Authority: 42 U.S.C. 4321 et seq.; 40 CFR parts 1500-1508; and
Companion Manual for NOAA Administrative Order 216-6A, 82 FR 4306.
Dated: August 7, 2023.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2023-17184 Filed 8-9-23; 8:45 am]
BILLING CODE 3510-22-P
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