81 FR 43187 - Notice of Intent to Prepare a Joint Environmental Impact Statement for a Programmatic Review of Harvest Actions for Salmon and Steelhead in the Columbia River Basin Related to U.S. v. Oregon

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 127 (July 1, 2016)

Page Range		43187-43188
FR Document		2016-15688

Pursuant to the National Environmental Policy Act (NEPA), this notice announces that NMFS and USFWS (together, the Services) intend to prepare a joint Environmental Impact Statement (EIS) conducting a programmatic review of harvest actions for salmon and steelhead in the action area, which is the Columbia River Basin (the Proposed Action), to inform the Services' proposed signing of the post-2017 U.S. v. Oregon Management Agreement and the Endangered Species Act (ESA) Section 7 consultation process. The Services provide this notice to advise other agencies and the public of their plans to analyze effects related to the action and to obtain suggestions and information that may be useful to the scope of issues and alternatives to include in the EIS.

Federal Register, Volume 81 Issue 127 (Friday, July 1, 2016)

[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Notices]
[Pages 43187-43188]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15688]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

RIN 0648-XE317


Notice of Intent to Prepare a Joint Environmental Impact 
Statement for a Programmatic Review of Harvest Actions for Salmon and 
Steelhead in the Columbia River Basin Related to U.S. v. Oregon

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce; and United States Fish and 
Wildlife Service (USFWS), Interior.

ACTION: Notice of intent.

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SUMMARY: Pursuant to the National Environmental Policy Act (NEPA), this 
notice announces that NMFS and USFWS (together, the Services) intend to 
prepare a joint Environmental Impact Statement (EIS) conducting a 
programmatic review of harvest actions for salmon and steelhead in the 
action area, which is the Columbia River Basin (the Proposed Action), 
to inform the Services' proposed signing of the post-2017 U.S. v. 
Oregon Management Agreement and the Endangered Species Act (ESA) 
Section 7 consultation process. The Services provide this notice to 
advise other agencies and the public of their plans to analyze effects 
related to the action and to obtain suggestions and information that 
may be useful to the scope of issues and alternatives to include in the 
EIS.

DATES: Written or electronic scoping comments must be received at the 
appropriate address or email mailbox (see ADDRESSES) on or before 
August 1, 2016.

ADDRESSES: You may submit comments by one of the following methods:
     Email: [email protected] and/or [email protected].
     Mail: William W. Stelle, Jr., Regional Administrator, West 
Coast Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-6349; 
and/or Theresa Rabot, Deputy Regional Director, Pacific Region, U.S. 
Fish and Wildlife Service, 911 NE. 11th Avenue, Portland, OR 97232.

FOR FURTHER INFORMATION CONTACT: Peggy Mundy, NMFS West Coast Region, 
telephone: 206-526-4323, email: [email protected]; or Mark 
Bagdovitz, USFWS, Pacific Region, telephone: 503-736-4711, email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The States of Oregon, Washington, and Idaho; the Nez Perce Tribe, 
the Confederated Tribes of the Umatilla Indian Reservation, the 
Confederated Tribes of the Warm Springs Reservation of Oregon, the 
Confederated Tribes and Bands of the Yakama Nation (collectively, the 
Columbia River Treaty Tribes); the Shoshone-Bannock Tribes; and the 
United States (as represented by the Bureau of Indian Affairs and the 
Services) (hereafter ``Parties''), are parties to U.S. v. Oregon, Civ. 
No. 68-513-KI, (D. Or.). A management agreement for managing and 
regulating fisheries in the Columbia River Basin, entered as a court 
order in 2008, expires December 31, 2017. The Parties are negotiating a 
new agreement that would take effect when the existing agreement 
expires. The new agreement would include a list of hatchery programs 
with stipulated production levels, and a list of Tribal and non-Tribal 
salmonid

[[Page 43188]]

fisheries in the Columbia River Basin, including designated off-channel 
sites, which are intended to: (1) Ensure fair sharing of harvestable 
fish between tribal and non-tribal fisheries in accordance with Treaty 
fishing rights standards and U.S. v. Oregon, and (2) be responsive to 
the needs of ESA-listed species. While the agreement includes a 
hatchery production component, the NEPA analysis of hatchery production 
within the action area has been completed, or will be supplemented, in 
a separate EIS that will be incorporated by reference in this EIS. 
Consequently, the Proposed Action in this EIS analysis focuses on 
harvest. Construction of new hatchery facilities to mitigate impacts to 
fisheries from The Dalles Dam and John Day Dam hydropower operations is 
being analyzed by the U.S. Army Corps of Engineers in a separate 
analysis, which will also be incorporated by reference into this 
analysis.

Environmental Impact Statement

    NEPA (42 U.S.C. Sec.  4321 et seq.) requires that Federal agencies 
conduct an environmental analysis of their Proposed Actions to 
determine if the actions may significantly affect the human 
environment. The Services have determined that an EIS should be 
prepared under NEPA for the purpose of informing the Services' proposed 
signing of the new agreement. The information and analysis in the EIS 
will help to inform the subsequent ESA Section 7 consultation on the 
new agreement. The Services will prepare the EIS as joint lead agencies 
(40 CFR Sec. Sec.  1501.5, 1508.16) in consultation with the Treaty 
Tribes pursuant to the Federal trust responsibility, Secretarial Order 
3206, and Executive Order 13175. We will prepare an EIS in accordance 
with NEPA requirements, as amended (40 U.S. C. Sec.  4321 et seq.); 
NEPA implementing regulations (40 CFR Sec. Sec.  1500-1508); and other 
Federal laws, regulations, and policies.
    The Services' purpose and need for the Proposed Action is three-
fold: (1) To meet the Federal government's tribal treaty rights and 
trust and fiduciary responsibilities; (2) to support fishing 
opportunities to the states of Oregon, Washington, and Idaho, and the 
tribes; and (3) to work collaboratively with co-managers to protect and 
conserve ESA-listed and non-listed species.

Development of Initial Alternatives

    The Services have preliminarily identified the following six 
alternatives for the public to consider. The preferred alternative will 
be developed to reflect a policy direction that would be compatible 
with the Purpose and Need indicated above.
    No-action Alternative (status quo): Under this alternative, the 
Services would not sign a new agreement, and the parties would continue 
to manage salmonid fisheries in the Columbia River consistent with the 
terms of the 2008-2017 agreement. A No-action Alternative is required 
in the full range of analyzed alternatives.
    Abundance-based Management Alternative: Under this alternative, the 
Services would sign a new agreement with the other parties, and 
salmonid fisheries in the Columbia River would be managed under an 
abundance-based management framework.
    Fixed Exploitation Rate Management Alternative: Under this 
alternative, the Services would sign a new agreement with the other 
parties, and salmonid fisheries in the Columbia River would be managed 
under a fixed exploitation rate management framework.
    Escapement-based Management Alternative: Under this alternative, 
the Services would sign a new agreement with the other parties, and 
salmonid fisheries in the Columbia River would be managed under an 
escapement-based management framework.
    Fixed Effort-based Management Alternative: Under this alternative, 
the Services would sign a new agreement with the other parties, and 
salmonid fisheries in the Columbia River would be managed under a fixed 
effort management framework.
    No Fisheries Alternative: Under this alternative, the Services 
would sign a new agreement with the other parties; however, the parties 
would decide that salmonid fisheries would not be allowed in the 
Columbia River. Although this alternative does not meet the purpose and 
need for the Proposed Action, it is included to provide a full range of 
alternatives for analysis.

Request for Comments

    The Services request data, comments, pertinent information, or 
suggestions from the public, other concerned governmental agencies, the 
scientific community, tribes, the business community, or any other 
interested party regarding the Proposed Action discussed in this 
notice. We will consider all comments we receive in complying with the 
requirements of NEPA. We particularly seek specific comments 
concerning:
    (1) The direct, indirect, and cumulative effects that 
implementation of any reasonable alternative could have on endangered 
and threatened species, and other non-ESA-listed species and their 
habitats;
    (2) Other reasonable alternatives (in addition to the initial 
alternatives presented in this notice), and their associated effects;
    (3) Measures that would minimize and mitigate potentially adverse 
effects of the proposed actions;
    (4) Other plans or projects that might be relevant to this project.
    The EIS will analyze the effects that the various alternatives 
would have on salmon and steelhead and other fish species in the 
Columbia River Basin as well as the other aspects of the human 
environment, including but not limited to, water quality, habitat, 
wildlife (ESA-listed and non-ESA-listed), vegetation, socioeconomics 
(including fishery dependent communities and culture and economic 
impacts), environmental justice, cultural resources, transportation, 
and the cumulative impacts of the alternatives.

    Authority:  42 U.S.C. 4321 et seq.

    Dated: June 27, 2016.
Angela Somma,
Chief, Endangered Species Division, National Marine Fisheries Service, 
Protected Resources.
    Dated: June 22, 2016.
Robyn Thorson,
Regional Director, Pacific Region, U.S. Fish and Wildlife Service, 
Portland, Oregon.
[FR Doc. 2016-15688 Filed 6-30-16; 8:45 am]
 BILLING CODE 3510-22-P; 4333-15-P

Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices 43187

enforcement.trade.gov/frn/2013/ Department will automatically revoke to prepare a joint Environmental Impact
1304frn/2013-08227.txt, prior to the order without further review.6 Statement (EIS) conducting a
submitting factual information in these If we receive an order-specific notice programmatic review of harvest actions
segments. To the extent that other of intent to participate from a domestic for salmon and steelhead in the action
regulations govern the submission of interested party, the Department’s area, which is the Columbia River Basin
factual information in a segment (such regulations provide that all parties (the Proposed Action), to inform the
as 19 CFR 351.218), these time limits wishing to participate in a Sunset Services’ proposed signing of the post-
will continue to be applied. Parties are Review must file complete substantive 2017 U.S. v. Oregon Management
also advised to review the final rule responses not later than 30 days after Agreement and the Endangered Species
concerning the extension of time limits the date of publication in the Federal Act (ESA) Section 7 consultation
for submissions in AD/CVD Register of this notice of initiation. The process. The Services provide this
proceedings, available at http:// required contents of a substantive notice to advise other agencies and the
enforcement.trade.gov/frn/2013/ response, on an order-specific basis, are public of their plans to analyze effects
1309frn/2013-22853.txt, prior to set forth at 19 CFR 351.218(d)(3). Note related to the action and to obtain
submitting factual information in these that certain information requirements suggestions and information that may be
segments.5 differ for respondent and domestic useful to the scope of issues and
parties. Also, note that the Department’s alternatives to include in the EIS.
Letters of Appearance and information requirements are distinct DATES: Written or electronic scoping
Administrative Protective Orders from the Commission’s information comments must be received at the
requirements. Consult the Department’s appropriate address or email mailbox
Pursuant to 19 CFR 351.103(d), the regulations for information regarding (see ADDRESSES) on or before August 1,
Department will maintain and make the Department’s conduct of Sunset 2016.
available a public service list for these Reviews. Consult the Department’s
proceedings. Parties wishing to ADDRESSES: You may submit comments
regulations at 19 CFR part 351 for by one of the following methods:
participate in any of these five-year definitions of terms and for other • Email: USvORNEPA@noaa.gov and/
reviews must file letters of appearance general information concerning or USvORNEPA@fws.gov.
as discussed at 19 CFR 351.103(d)). To antidumping and countervailing duty • Mail: William W. Stelle, Jr.,
facilitate the timely preparation of the proceedings at the Department. Regional Administrator, West Coast
public service list, it is requested that This notice of initiation is being Region, NMFS, 7600 Sand Point Way
those seeking recognition as interested published in accordance with section NE., Seattle, WA 98115–6349; and/or
parties to a proceeding submit an entry 751(c) of the Act and 19 CFR 351.218(c). Theresa Rabot, Deputy Regional
of appearance within 10 days of the Dated: June 29, 2016. Director, Pacific Region, U.S. Fish and
publication of the Notice of Initiation. Wildlife Service, 911 NE. 11th Avenue,
Christian Marsh,
Because deadlines in Sunset Reviews Deputy Assistant Secretary for Antidumping Portland, OR 97232.
can be very short, we urge interested and Countervailing Duty Operations. FOR FURTHER INFORMATION CONTACT:
parties who want access to proprietary [FR Doc. 2016–15722 Filed 6–30–16; 8:45 am] Peggy Mundy, NMFS West Coast
information under administrative BILLING CODE 3510–DS–P Region, telephone: 206–526–4323,
protective order (‘‘APO’’) to file an APO email: peggy.mundy@noaa.gov; or Mark
application immediately following Bagdovitz, USFWS, Pacific Region,
publication in the Federal Register of DEPARTMENT OF COMMERCE telephone: 503–736–4711, email:
this notice of initiation. The mark_bagdovitz@fws.gov.
Department’s regulations on submission National Oceanic and Atmospheric
SUPPLEMENTARY INFORMATION:
of proprietary information and Administration
eligibility to receive access to business Background
proprietary information under APO can DEPARTMENT OF THE INTERIOR The States of Oregon, Washington,
be found at 19 CFR 351.304–306. and Idaho; the Nez Perce Tribe, the
Fish and Wildlife Service Confederated Tribes of the Umatilla
Information Required From Interested
Parties RIN 0648–XE317 Indian Reservation, the Confederated
Tribes of the Warm Springs Reservation
Domestic interested parties, as Notice of Intent to Prepare a Joint of Oregon, the Confederated Tribes and
defined in section 771(9)(C), (D), (E), (F), Environmental Impact Statement for a Bands of the Yakama Nation
and (G) of the Act and 19 CFR Programmatic Review of Harvest (collectively, the Columbia River Treaty
351.102(b), wishing to participate in a Actions for Salmon and Steelhead in Tribes); the Shoshone-Bannock Tribes;
Sunset Review must respond not later the Columbia River Basin Related to and the United States (as represented by
than 15 days after the date of U.S. v. Oregon the Bureau of Indian Affairs and the
publication in the Federal Register of AGENCY: National Marine Fisheries Services) (hereafter ‘‘Parties’’), are
this notice of initiation by filing a notice Service (NMFS), National Oceanic and parties to U.S. v. Oregon, Civ. No. 68–
of intent to participate. The required Atmospheric Administration (NOAA), 513–KI, (D. Or.). A management
contents of the notice of intent to Commerce; and United States Fish and agreement for managing and regulating
fisheries in the Columbia River Basin,
asabaliauskas on DSK3SPTVN1PROD with NOTICES

participate are set forth at 19 CFR Wildlife Service (USFWS), Interior.
351.218(d)(1)(ii). In accordance with the ACTION: Notice of intent.
entered as a court order in 2008, expires
Department’s regulations, if we do not December 31, 2017. The Parties are
receive a notice of intent to participate SUMMARY: Pursuant to the National negotiating a new agreement that would
from at least one domestic interested Environmental Policy Act (NEPA), this take effect when the existing agreement
party by the 15-day deadline, the notice announces that NMFS and expires. The new agreement would
USFWS (together, the Services) intend include a list of hatchery programs with
5 See Extension of Time Limits, 78 FR 57790 stipulated production levels, and a list
(September 20, 2013). 6 See 19 CFR 351.218(d)(1)(iii). of Tribal and non-Tribal salmonid

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43188 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices

fisheries in the Columbia River Basin, compatible with the Purpose and Need (2) Other reasonable alternatives (in
including designated off-channel sites, indicated above. addition to the initial alternatives
which are intended to: (1) Ensure fair No-action Alternative (status quo): presented in this notice), and their
sharing of harvestable fish between Under this alternative, the Services associated effects;
tribal and non-tribal fisheries in would not sign a new agreement, and (3) Measures that would minimize
accordance with Treaty fishing rights the parties would continue to manage and mitigate potentially adverse effects
standards and U.S. v. Oregon, and (2) be salmonid fisheries in the Columbia of the proposed actions;
responsive to the needs of ESA-listed River consistent with the terms of the (4) Other plans or projects that might
species. While the agreement includes a 2008–2017 agreement. A No-action be relevant to this project.
hatchery production component, the Alternative is required in the full range The EIS will analyze the effects that
NEPA analysis of hatchery production of analyzed alternatives. the various alternatives would have on
within the action area has been Abundance-based Management salmon and steelhead and other fish
completed, or will be supplemented, in Alternative: Under this alternative, the species in the Columbia River Basin as
a separate EIS that will be incorporated Services would sign a new agreement well as the other aspects of the human
by reference in this EIS. Consequently, with the other parties, and salmonid environment, including but not limited
the Proposed Action in this EIS analysis fisheries in the Columbia River would to, water quality, habitat, wildlife (ESA-
focuses on harvest. Construction of new be managed under an abundance-based listed and non-ESA-listed), vegetation,
hatchery facilities to mitigate impacts to management framework. socioeconomics (including fishery
fisheries from The Dalles Dam and John Fixed Exploitation Rate Management dependent communities and culture
Day Dam hydropower operations is Alternative: Under this alternative, the and economic impacts), environmental
being analyzed by the U.S. Army Corps Services would sign a new agreement justice, cultural resources,
of Engineers in a separate analysis, with the other parties, and salmonid transportation, and the cumulative
which will also be incorporated by fisheries in the Columbia River would impacts of the alternatives.
reference into this analysis. be managed under a fixed exploitation
Authority: 42 U.S.C. 4321 et seq.
rate management framework.
Environmental Impact Statement Escapement-based Management Dated: June 27, 2016.
NEPA (42 U.S.C. § 4321 et seq.) Alternative: Under this alternative, the Angela Somma,
requires that Federal agencies conduct Services would sign a new agreement Chief, Endangered Species Division, National
an environmental analysis of their with the other parties, and salmonid Marine Fisheries Service, Protected
fisheries in the Columbia River would Resources.
Proposed Actions to determine if the
actions may significantly affect the be managed under an escapement-based Dated: June 22, 2016.
human environment. The Services have management framework. Robyn Thorson,
Fixed Effort-based Management Regional Director, Pacific Region, U.S. Fish
determined that an EIS should be
Alternative: Under this alternative, the and Wildlife Service, Portland, Oregon.
prepared under NEPA for the purpose of
Services would sign a new agreement [FR Doc. 2016–15688 Filed 6–30–16; 8:45 am]
informing the Services’ proposed
with the other parties, and salmonid
signing of the new agreement. The BILLING CODE 3510–22–P; 4333–15–P
fisheries in the Columbia River would
information and analysis in the EIS will
be managed under a fixed effort
help to inform the subsequent ESA
management framework. DEPARTMENT OF COMMERCE
Section 7 consultation on the new No Fisheries Alternative: Under this
agreement. The Services will prepare alternative, the Services would sign a National Oceanic and Atmospheric
the EIS as joint lead agencies (40 CFR new agreement with the other parties; Administration
§§ 1501.5, 1508.16) in consultation with however, the parties would decide that
the Treaty Tribes pursuant to the salmonid fisheries would not be
RIN 0648–XE700
Federal trust responsibility, Secretarial allowed in the Columbia River.
Order 3206, and Executive Order 13175. Endangered and Threatened Species;
Although this alternative does not meet Take of Anadromous Fish
We will prepare an EIS in accordance the purpose and need for the Proposed
with NEPA requirements, as amended Action, it is included to provide a full AGENCY: National Marine Fisheries
(40 U.S. C. § 4321 et seq.); NEPA range of alternatives for analysis. Service (NMFS), National Oceanic and
implementing regulations (40 CFR Atmospheric Administration (NOAA),
§§ 1500–1508); and other Federal laws, Request for Comments Commerce.
regulations, and policies. The Services request data, comments, ACTION: Notice of final determination
The Services’ purpose and need for pertinent information, or suggestions and discussion of underlying biological
the Proposed Action is three-fold: (1) To from the public, other concerned analysis.
meet the Federal government’s tribal governmental agencies, the scientific
treaty rights and trust and fiduciary community, tribes, the business SUMMARY: NMFS has evaluated three
responsibilities; (2) to support fishing community, or any other interested Resource Management Plans (RMPs)
opportunities to the states of Oregon, party regarding the Proposed Action submitted to NMFS pursuant to the
Washington, and Idaho, and the tribes; discussed in this notice. We will limitation on take prohibitions for
and (3) to work collaboratively with co- consider all comments we receive in actions conducted under Limit 6 of the
managers to protect and conserve ESA- complying with the requirements of 4(d) Rule for salmon and steelhead
asabaliauskas on DSK3SPTVN1PROD with NOTICES

listed and non-listed species. NEPA. We particularly seek specific promulgated under the Endangered
comments concerning: Species Act (ESA). The RMPs specify
Development of Initial Alternatives
(1) The direct, indirect, and the propagation of three species of
The Services have preliminarily cumulative effects that implementation salmon in the Dungeness River
identified the following six alternatives of any reasonable alternative could have watershed of Washington State. This
for the public to consider. The preferred on endangered and threatened species, document serves to notify the public
alternative will be developed to reflect and other non-ESA-listed species and that NMFS, by delegated authority from
a policy direction that would be their habitats; the Secretary of Commerce, has

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Document Created: 2016-07-14 11:37:55
Document Modified: 2016-07-14 11:37:55

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.
Dates		Written or electronic scoping comments must be received at the
Contact		Peggy Mundy, NMFS West Coast Region, telephone: 206-526-4323, email: [email protected]; or Mark Bagdovitz, USFWS, Pacific Region, telephone: 503-736-4711, email: [email protected]
FR Citation		81 FR 43187
RIN Number		0648-XE31

81 FR 43187 - Notice of Intent to Prepare a Joint Environmental Impact Statement for a Programmatic Review of Harvest Actions for Salmon and Steelhead in the Columbia River Basin Related to U.S. v. Oregon

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric AdministrationDEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 81, Issue 127 (July 1, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service