80 FR 41061 - Notice of Intent To Prepare a Draft Environmental Impact Statement for the Long-Term Plan To Protect Adult Salmon in the Lower Klamath River, Humboldt County, California

DEPARTMENT OF THE INTERIOR
Bureau of Reclamation

Federal Register Volume 80, Issue 134 (July 14, 2015)

Page Range		41061-41062
FR Document		2015-17208

The Bureau of Reclamation will prepare an Environmental Impact Statement (EIS) to evaluate the effects of the Long-Term Plan for the Protection of Adult Salmon in the lower Klamath River. The proposed action is to increase lower Klamath River flows to reduce the likelihood, and potentially reduce the severity, of any fish die-off in future years due to crowded holding conditions for pre-spawn adults, warm water temperatures, and presence of disease pathogens as the likely major factors contributing to the adult mortalities. The proposed increased flows would be provided primarily from releases of water stored in Trinity Reservoir on the main stem of the Trinity River, with the potential for some of the flows to be derived from the Klamath River above the confluence with the Trinity River depending on existing hydrologic and related environmental conditions. The purpose of the proposed action is to reduce the likelihood, and potentially reduce the severity, of any Ich epizootic event that could lead to an associated fish die-off in future years. The need is based on the past extensive fish die-off in 2002.

Federal Register, Volume 80 Issue 134 (Tuesday, July 14, 2015)

[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Notices]
[Pages 41061-41062]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-17208]

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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

[RR02312000, 15XR0680A3, RX.04167000.6000000,]

Notice of Intent To Prepare a Draft Environmental Impact
Statement for the Long-Term Plan To Protect Adult Salmon in the Lower
Klamath River, Humboldt County, California

AGENCY: Bureau of Reclamation, Interior.

ACTION: Notice of intent and scoping meetings.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Reclamation will prepare an Environmental Impact
Statement (EIS) to evaluate the effects of the Long-Term Plan for the
Protection of Adult Salmon in the lower Klamath River. The proposed
action is to increase lower Klamath River flows to reduce the
likelihood, and potentially reduce the severity, of any fish die-off in
future years due to crowded holding conditions for pre-spawn adults,
warm water temperatures, and presence of disease pathogens as the
likely major factors contributing to the adult mortalities. The
proposed increased flows would be provided primarily from releases of
water stored in Trinity Reservoir on the main stem of the Trinity
River, with the potential for some of the flows to be derived from the
Klamath River above the confluence with the Trinity River depending on
existing hydrologic and related environmental conditions. The purpose
of the proposed action is to reduce the likelihood, and potentially
reduce the severity, of any Ich epizootic event that could lead to an
associated fish die-off in future years. The need is based on the past
extensive fish die-off in 2002.

DATES: Submit written comments on the scope of the draft EIS by August
20, 2015. Four public scoping meetings will be held on the following
dates and times:
Wednesday, August 5, 2015, 5:30 to 7 p.m., Arcata, CA.
Thursday, August 6, 2015, 5:30 to 7 p.m., Weaverville, CA.
Tuesday, August 11, 2015, 5:30 to 7 p.m., Klamath Falls,
OR.
Wednesday, August 12, 2015, 5:30 to 7 p.m., Sacramento,
CA.

ADDRESSES: Send written comments on the scope of the draft EIS, or
requests to be added to the EIS mailing list, to Mr. Paul Zedonis,
Northern California Area Office, Bureau of Reclamation, 16349 Shasta
Dam Boulevard, Shasta Lake, CA 96019; or by email to sha-slo-klamath-LTP@usbr.gov. Environmental documents for the Long-Term Plan EIS will
be available for review and download at http://www.usbr.gov/mp/nepa/nepa_projdetails.cfm?Project_ID=22021.
The public scoping meetings will be held at the following
locations:
Arcata--Red Roof Inn, 4975 Valley W Blvd., Arcata, CA
95521.
Weaverville--Trinity County Library, 351 Main Street,
Weaverville, CA 96093.
Klamath Falls--Shilo Inn, 2500 Almond Street, Klamath
Falls, OR 97601.
Sacramento--Cafeteria Conference Rooms 1001 & 1002, 2800
Cottage Way, Sacramento, CA 95825.

FOR FURTHER INFORMATION CONTACT: Mr. Paul Zedonis, Bureau of
Reclamation, 530-275-1554; or by email at sha-slo-klamath@usbr.gov.

SUPPLEMENTARY INFORMATION:

Background

In August and September 2002, an estimated 170,000 fall-run Chinook
salmon returned to the Klamath River, and a significant number of adult
Chinook salmon (~33,000) and other salmonids died prematurely in the
lower Klamath River. This included an estimated 344 coho salmon listed
as threatened under the Endangered Species Act. Federal, tribal, and
state biologists studying the die-off concluded that: (1) Pathogens
Ichthyophthirius multifiliis (Ich) and Flavobacterium columnare
(Columnaris) were the primary causes of death to fish; and (2) warm
water temperatures, low water velocities and volumes, high fish
density, and long fish residence times likely contributed to the
disease outbreaks and subsequent mortalities. Flows in the lower
Klamath averaged about 2,000 cubic feet per second (cfs) during
September 2002.
In 2003, 2004, 2012, and 2013 predictions of large runs of fall-run
Chinook salmon to the Klamath River Basin and drier than normal
hydrologic conditions prompted the Bureau of Reclamation (Reclamation)
to arrange for late-summer flow augmentation to improve environmental
conditions in the lower Klamath River to reduce the probability of a
disease outbreak. The State Water Resources Board has advised
Reclamation that, as the operator of Trinity Dam, Reclamation may
bypass and/or release water for various purposes, including releases
made to improve instream conditions for the benefit of aquatic
resources, without State Board approval. In these years, 38 thousand
acre-feet (TAF) of supplemental water was released from Trinity
Reservoir in 2003, 36 TAF in 2004, 39 TAF in 2012, and 17.5 TAF in
2013. In 2013 a legal challenge occurred over implementing the flow
augmentation action, which subsequently resulted in a delay. Also,
accretions were greater than forecasted and ultimately lead to the
smaller volume used in that year. General observations regarding the
effectiveness of the sustained higher releases are that no significant
disease or adult mortalities occurred suggesting flow augmentation was
effective at meeting its intended purpose. National Environmental
Policy Act (NEPA) reviews (Environmental Assessments) were conducted in
each of these years concluding in Findings of No Significant Impacts.
The initial decision in 2014 was to not provide augmentation flows
on a preventive basis due to the small run size and lack of any disease
outbreak. However, during the first half of August, hydrologic
conditions and observed fish health worsened. It was reported the adult
return began much earlier than expected, and thousands of fish were
stalled at the mouth of Blue Creek on the lower Klamath River mainstem.
After consulting with fish agencies, Reclamation determined that an
emergency release from Trinity Reservoir was necessary to avert a
potentially significant fish loss. In response to a continued and
unprecedented concern that a fish die-off was imminent, Reclamation

[[Page 41062]]

extended the release of augmentation flows on an emergency basis for a
longer duration (and higher magnitude) than in prior years based on the
emergency criteria established for the releases. In 2014 the total
volume released was 64 TAF. As in prior years of implementing flow
augmentation, and despite the unprecedented high incidence of
infection, no significant mortalities of fish occurred. In 2014 due to
the rapid worsening of conditions in the lower Klamath River and the
documented occurrence of disease, NEPA compliance was implemented
through the ``Emergency'' provisions as identified by the Council of
Environmental Quality.
In response to the need to provide augmentation flows in several of
the past years, and the indication that such flows will be needed in
future years, Reclamation committed to developing a long-term plan to
address this need along with the appropriate NEPA compliance.
Reclamation has determined an EIS is the appropriate level of NEPA
compliance for the Long-Term Plan, and will serve as the Lead Agency.

Additional Information

The purpose of the scoping process is to solicit early input from
the public regarding the development of reasonable alternatives and
potential environmental impacts to be addressed in the EIS for the
lower Klamath River Long-Term Plan. Written comments are requested to
help identify alternatives and issues that should be analyzed in the
EIS. Federal, State and local agencies, Tribes, and the general public
are invited to participate in the environmental review process.

Special Assistance for Public Scoping Meetings

Requests for sign language interpretation for the hearing impaired
and all other special assistance needs to participate in the meetings
may be submitted by any of the following methods at least five working
days before the meeting:
Email to: Mr. Paul Zedonis, sha-slo-klamath-LTP@usbr.gov.
U.S. Mail to: Mr. Paul Zedonis, Northern California Area
Office, Bureau of Reclamation, 16349 Shasta Dam Boulevard, Shasta Lake,
CA 96019.
Telephone: Mr. Paul Zedonis, 530-275-1554.

Public Disclosure

Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.

Dated: June 12, 2015.
Pablo R. Arroyave,
Deputy Regional Director, Mid-Pacific Region.
[FR Doc. 2015-17208 Filed 7-13-15; 8:45 am]
BILLING CODE 4332-90-P

Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Notices 41061

Seeking Nominations for Membership severity, of any Ich epizootic event that likely contributed to the disease
We are seeking nominations for could lead to an associated fish die-off outbreaks and subsequent mortalities.
Council members in all categories. The in future years. The need is based on the Flows in the lower Klamath averaged
terms of the majority of the 26 members past extensive fish die-off in 2002. about 2,000 cubic feet per second (cfs)
will expire on July 9, 2015. All those DATES: Submit written comments on the during September 2002.
interested in membership, including scope of the draft EIS by August 20, In 2003, 2004, 2012, and 2013
current members whose terms are 2015. Four public scoping meetings will predictions of large runs of fall-run
expiring, must follow the same be held on the following dates and Chinook salmon to the Klamath River
nomination process. times: Basin and drier than normal hydrologic
Nominations should include a resume • Wednesday, August 5, 2015, 5:30 to
conditions prompted the Bureau of
providing an adequate description of the 7 p.m., Arcata, CA.
• Thursday, August 6, 2015, 5:30 to 7 Reclamation (Reclamation) to arrange
nominee’s qualifications, including for late-summer flow augmentation to
information that would enable the p.m., Weaverville, CA.
• Tuesday, August 11, 2015, 5:30 to 7 improve environmental conditions in
Department of the Interior to make an
p.m., Klamath Falls, OR. the lower Klamath River to reduce the
informed decision regarding meeting the
membership requirements of the • Wednesday, August 12, 2015, 5:30 probability of a disease outbreak. The
Council, and to permit the Department to 7 p.m., Sacramento, CA. State Water Resources Board has
to contact a potential member. ADDRESSES: Send written comments on advised Reclamation that, as the
the scope of the draft EIS, or requests to operator of Trinity Dam, Reclamation
Dated: June 19, 2015. may bypass and/or release water for
be added to the EIS mailing list, to Mr.
Alma Ripps, various purposes, including releases
Paul Zedonis, Northern California Area
Chief, Office of Policy. Office, Bureau of Reclamation, 16349 made to improve instream conditions
[FR Doc. 2015–17215 Filed 7–13–15; 8:45 am] Shasta Dam Boulevard, Shasta Lake, CA for the benefit of aquatic resources,
BILLING CODE 4310–EE–P 96019; or by email to sha-slo-klamath- without State Board approval. In these
LTP@usbr.gov. Environmental years, 38 thousand acre-feet (TAF) of
documents for the Long-Term Plan EIS supplemental water was released from
DEPARTMENT OF THE INTERIOR will be available for review and Trinity Reservoir in 2003, 36 TAF in
download at http://www.usbr.gov/mp/ 2004, 39 TAF in 2012, and 17.5 TAF in
Bureau of Reclamation
nepa/nepa_projdetails.cfm?Project_ 2013. In 2013 a legal challenge occurred
[RR02312000, 15XR0680A3, ID=22021. over implementing the flow
RX.04167000.6000000,] The public scoping meetings will be augmentation action, which
held at the following locations: subsequently resulted in a delay. Also,
Notice of Intent To Prepare a Draft • Arcata—Red Roof Inn, 4975 Valley
Environmental Impact Statement for accretions were greater than forecasted
W Blvd., Arcata, CA 95521.
and ultimately lead to the smaller
the Long-Term Plan To Protect Adult • Weaverville—Trinity County
Salmon in the Lower Klamath River, Library, 351 Main Street, Weaverville, volume used in that year. General
Humboldt County, California CA 96093. observations regarding the effectiveness
• Klamath Falls—Shilo Inn, 2500 of the sustained higher releases are that
AGENCY: Bureau of Reclamation, no significant disease or adult
Interior. Almond Street, Klamath Falls, OR
97601. mortalities occurred suggesting flow
ACTION: Notice of intent and scoping
• Sacramento—Cafeteria Conference augmentation was effective at meeting
meetings. its intended purpose. National
Rooms 1001 & 1002, 2800 Cottage Way,
SUMMARY: The Bureau of Reclamation Sacramento, CA 95825. Environmental Policy Act (NEPA)
will prepare an Environmental Impact FOR FURTHER INFORMATION CONTACT: Mr. reviews (Environmental Assessments)
Statement (EIS) to evaluate the effects of Paul Zedonis, Bureau of Reclamation, were conducted in each of these years
the Long-Term Plan for the Protection of 530–275–1554; or by email at sha-slo- concluding in Findings of No
Adult Salmon in the lower Klamath klamath@usbr.gov. Significant Impacts.
River. The proposed action is to SUPPLEMENTARY INFORMATION: The initial decision in 2014 was to
increase lower Klamath River flows to not provide augmentation flows on a
reduce the likelihood, and potentially Background
preventive basis due to the small run
reduce the severity, of any fish die-off In August and September 2002, an size and lack of any disease outbreak.
in future years due to crowded holding estimated 170,000 fall-run Chinook However, during the first half of August,
conditions for pre-spawn adults, warm salmon returned to the Klamath River, hydrologic conditions and observed fish
water temperatures, and presence of and a significant number of adult health worsened. It was reported the
disease pathogens as the likely major Chinook salmon (∼33,000) and other
adult return began much earlier than
factors contributing to the adult salmonids died prematurely in the
expected, and thousands of fish were
mortalities. The proposed increased lower Klamath River. This included an
stalled at the mouth of Blue Creek on
flows would be provided primarily from estimated 344 coho salmon listed as
releases of water stored in Trinity threatened under the Endangered the lower Klamath River mainstem.
Reservoir on the main stem of the Species Act. Federal, tribal, and state After consulting with fish agencies,
asabaliauskas on DSK5VPTVN1PROD with NOTICES

Trinity River, with the potential for biologists studying the die-off Reclamation determined that an
some of the flows to be derived from the concluded that: (1) Pathogens emergency release from Trinity
Klamath River above the confluence Ichthyophthirius multifiliis (Ich) and Reservoir was necessary to avert a
with the Trinity River depending on Flavobacterium columnare (Columnaris) potentially significant fish loss. In
existing hydrologic and related were the primary causes of death to fish; response to a continued and
environmental conditions. The purpose and (2) warm water temperatures, low unprecedented concern that a fish die-
of the proposed action is to reduce the water velocities and volumes, high fish off was imminent, Reclamation
likelihood, and potentially reduce the density, and long fish residence times

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41062 Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Notices

extended the release of augmentation your entire comment—including your Therein, the ALJ rejected, as
flows on an emergency basis for a longer personal identifying information—may unsupported by substantial evidence,
duration (and higher magnitude) than in be made publicly available at any time. the Government’s allegations that: (1)
prior years based on the emergency While you can ask us in your comment Respondent had unlawfully prescribed
criteria established for the releases. In to withhold your personal identifying methadone to a patient for the purpose
2014 the total volume released was 64 information from public review, we of treating the patient’s opioid
TAF. As in prior years of implementing cannot guarantee that we will be able to addiction; (2) Respondent had issued a
flow augmentation, and despite the do so. controlled substance prescription to an
unprecedented high incidence of Dated: June 12, 2015. employee for the purpose of obtaining
infection, no significant mortalities of the controlled substance for her own
Pablo R. Arroyave,
fish occurred. In 2014 due to the rapid use; and (3) Respondent could not
Deputy Regional Director, Mid-Pacific Region. account for 13 bottles or 390 dosage
worsening of conditions in the lower
[FR Doc. 2015–17208 Filed 7–13–15; 8:45 am] units of Suboxone. R.D., at 32–43.
Klamath River and the documented
occurrence of disease, NEPA BILLING CODE 4332–90–P However, the ALJ also found that the
compliance was implemented through Government had proved several
the ‘‘Emergency’’ provisions as allegations. These included that: (1)
identified by the Council of INTERNATIONAL TRADE Respondent possessed controlled
Environmental Quality. COMMISSION substances at an unregistered location
In response to the need to provide when she moved her office without
[USITC SE–15–021]
augmentation flows in several of the obtaining a modification of her
past years, and the indication that such Government in the Sunshine Act registration; (2) Respondent
flows will be needed in future years, Meeting Notice; Change of Time to occasionally allowed patients to return
Reclamation committed to developing a Government in the Sunshine Meeting controlled substances to her if they did
long-term plan to address this need not like the medication or had an
along with the appropriate NEPA AGENCY HOLDING THE MEETING: United adverse reaction to it; and (3)
compliance. Reclamation has States International Trade Commission. Respondent failed to keep required
determined an EIS is the appropriate DATE: July 16, 2015.
records (including DEA Form-222s) for
level of NEPA compliance for the Long- her receipts of Demerol, a schedule II
ORIGINAL TIME: 2 p.m.
Term Plan, and will serve as the Lead controlled substance, as well as both
NEW TIME: 3 p.m. inventories and dispensing logs for
Agency.
PLACE: Room 101, 500 E Street SW., Ambien (zolpidem) and Provigil
Additional Information Washington, DC 20436, Telephone: (modafinil), both being schedule IV
The purpose of the scoping process is (202) 205–2000. controlled substances.2 Id. at 30–32; 44;
to solicit early input from the public STATUS: Open to the public. 46–49.
regarding the development of reasonable In accordance with 19 CFR With respect to the latter finding, the
alternatives and potential 201.35(d)(2)(i), the Commission hereby ALJ noted that while recordkeeping
environmental impacts to be addressed gives notice that the Commission has violations alone can support an order of
in the EIS for the lower Klamath River determined to change the time of the revocation, Respondent’s violations
Long-Term Plan. Written comments are meeting of July 16, 2015, from 2 p.m. to ‘‘occurred over a comparatively short
requested to help identify alternatives 3 p.m. period of time, with substantially fewer
and issues that should be analyzed in In accordance with Commission controlled substances [than in those
the EIS. Federal, State and local policy, subject matter listed above, not cases where revocation was ordered],
agencies, Tribes, and the general public disposed of at the scheduled meeting, and with no evidence of actual
are invited to participate in the may be carried over to the agenda of the diversion of any controlled substances.’’
environmental review process. following meeting. Earlier notification Id. at 52. The ALJ thus concluded that
while ‘‘Respondent’s errors and conduct
Special Assistance for Public Scoping of this change was not possible.
clearly were neglectful and serious
Meetings By order of the Commission. during the relevant time period,’’ he
Requests for sign language Issued: July 10, 2015. then reasoned that they were ‘‘likely
interpretation for the hearing impaired Lisa R. Barton, due in part to ongoing issues including
and all other special assistance needs to Secretary to the Commission. eviction from her registered office,
participate in the meetings may be [FR Doc. 2015–17378 Filed 7–10–15; 4:30 pm] employee problems, and an office break-
submitted by any of the following BILLING CODE 7020–02–P
in and theft’’ and that an order of
methods at least five working days revocation would be disproportionate to
before the meeting: the misconduct which was proved. Id.
• Email to: Mr. Paul Zedonis, sha-slo- DEPARTMENT OF JUSTICE 2 The ALJ also noted that ‘‘the evidence indicates
klamath-LTP@usbr.gov.
• U.S. Mail to: Mr. Paul Zedonis, Drug Enforcement Administration
that Respondent did not follow adequate security
procedures’’ in that the controlled substance were
Northern California Area Office, Bureau not stored ‘‘in a securely locked, substantially
of Reclamation, 16349 Shasta Dam [Docket No. 09–62] constructed cabinet’’ and ‘‘Respondent did not
asabaliauskas on DSK5VPTVN1PROD with NOTICES

Boulevard, Shasta Lake, CA 96019. maintain control over the key.’’ R.D. at 45.
Odette L. Campbell, M.D.; Decision and
• Telephone: Mr. Paul Zedonis, 530– However, the ALJ declined to consider the evidence
Order on the ground that the Government did not provide
275–1554. adequate notice in either the Show Cause Order or
Public Disclosure On October 26, 2010, an Agency its Prehearing Statement, notwithstanding that
Administrative Law Judge issued the Respondent did not object to the testimony. While
Before including your address, phone the record arguably support a finding that the issue
attached Recommended Decision.1 was litigated by consent, see CBS Wholesale
number, email address, or other Distributors, 74 FR 36746, 36750 (2009), the
personal identifying information in your 1 All citations to the Recommended Decision are Government did not take exception to the ALJ’s
comment, you should be aware that to the slip opinion as issued by the ALJ. ruling. I therefore do not consider the evidence.

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Document Created: 2018-02-23 09:19:08
Document Modified: 2018-02-23 09:19:08

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of intent and scoping meetings.
Dates		Submit written comments on the scope of the draft EIS by August 20, 2015. Four public scoping meetings will be held on the following dates and times:
Contact		Mr. Paul Zedonis, Bureau of Reclamation, 530-275-1554; or by email at [email protected]
FR Citation		80 FR 41061

80 FR 41061 - Notice of Intent To Prepare a Draft Environmental Impact Statement for the Long-Term Plan To Protect Adult Salmon in the Lower Klamath River, Humboldt County, California

DEPARTMENT OF THE INTERIORBureau of Reclamation

Federal Register Volume 80, Issue 134 (July 14, 2015)

DEPARTMENT OF THE INTERIOR
Bureau of Reclamation