81_FR_8719 81 FR 8685 - Notice of Intent To Prepare an Environmental Impact Statement for Hatchery Programs Along the Oregon Coast

81 FR 8685 - Notice of Intent To Prepare an Environmental Impact Statement for Hatchery Programs Along the Oregon Coast

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 34 (February 22, 2016)

Page Range8685-8686
FR Document2016-03496

On January 15, 2016, the National Marine Fisheries Service (NMFS) announced its intent to obtain information necessary to prepare an Environmental Impact Statement (EIS) for Hatchery and Genetic Management Plans (HGMPs) submitted by the Oregon Department of Fish and Wildlife (ODFW) for NMFS's evaluation and determination under Limit 5 of the Endangered Species Act (ESA) 4(d) Rule for threatened salmon and steelhead. NMFS also announced the availability of those HGMPs for public review and comment. The announcement opened a 30-day public comment period. In response to a request received from the public, based on the number of HGMPs available for review, NMFS is reopening the comment period to March 17, 2016.

Federal Register, Volume 81 Issue 34 (Monday, February 22, 2016)
[Federal Register Volume 81, Number 34 (Monday, February 22, 2016)]
[Notices]
[Pages 8685-8686]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03496]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE452


Notice of Intent To Prepare an Environmental Impact Statement for 
Hatchery Programs Along the Oregon Coast

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

ACTION: Notice; reopening of public comment period.

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

SUMMARY: On January 15, 2016, the National Marine Fisheries Service 
(NMFS) announced its intent to obtain information necessary to prepare 
an Environmental Impact Statement (EIS) for Hatchery and Genetic 
Management Plans (HGMPs) submitted by the Oregon Department of Fish and 
Wildlife (ODFW) for NMFS's evaluation and determination under Limit 5 
of the Endangered Species Act (ESA) 4(d) Rule for threatened salmon and 
steelhead. NMFS also announced the availability of those HGMPs for 
public review and comment. The announcement opened a 30-day public 
comment period. In response to a request received from the public, 
based on the number of HGMPs available for review, NMFS is reopening 
the comment period to March 17, 2016.

DATES: Written or electronic scoping comments must be received at the 
appropriate address or email mailbox (see ADDRESSES) no later than 5 
p.m. Pacific Time March 17, 2016.

ADDRESSES: Written comments may be sent by any of the following 
methods:
     Email to the following address: 
[email protected] with the following identifier in 
the subject line: Oregon Coast Hatchery EIS.
     Mail or hand-deliver to NMFS Sustainable Fisheries 
Division, 2900 NW Stewart Parkway, Roseburg, OR 97471.
     Fax to (541) 957-3386.
    Comments received will be available for public inspection, by 
appointment, during normal business hours at the above address. All 
Personal Identifying Information (for example, name, address, etc.) 
voluntarily submitted by the commenter may be publicly accessible. Do 
not submit Confidential Business Information or otherwise sensitive or 
protected information.
    Additional information to assist with consideration of the notice 
of intent, as well as the HGMPs themselves, are available on the 
Internet at www.westcoast.fisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Lance Kruzic, NMFS, by phone at (541) 
957-3381, or email to [email protected].

SUPPLEMENTARY INFORMATION:

ESA-Listed Species Covered in This Notice

    Coho salmon (O. kisutch): threatened, naturally produced and 
specified artificially produced stocks in the Southern Oregon/Northern 
California Coast and Oregon Coast Evolutionarily Significant Units 
(ESUs).

Background

    The ODFW has submitted HGMPs for all hatchery programs along the 
Oregon Coast to NMFS, pursuant to Limit 5 of the 4(d) Rule for salmon 
and salmon promulgated under the ESA (65 FR 42422, July 10, 2000). 
NMFS' action of evaluating ODFW's HGMPs under Limit 5 of the 4(d) Rule 
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, 
recommendations for relevant analysis methods, and information 
associated with impacts of the alternatives to the resources listed 
below or other relevant resources. Further, Limit 5 of the 4(d) Rule 
also specifies the HGMPs be made available for public review and 
comment prior to NMFS making a decision on the HGMPs.
    For more information on the scope of the proposed hatchery 
programs, and NMFS' review of those programs, and a description of 
input being sought from the public, see the January 15, 2016, Federal 
Register notice (81 FR 2197). A list of the hatchery facilities being 
considered and links to the HGMPs for their associated hatchery 
programs are available on the Internet (see ADDRESSES).

Request for Comments

    NMFS provides this notice to: (1) Advise other agencies and the 
public of its plans to analyze effects related to the action, and (2) 
obtain suggestions and information that may be useful to the scope of 
issues and the full range of alternatives to include in the EIS. 
Comments should be as specific as possible.

Authority

    The environmental review of the Oregon Coast HGMPs will be 
conducted in accordance with requirements of the NEPA of 1969 as 
amended (42 U.S.C. 4321 et seq.), NEPA Regulations (40 CFR parts 1500-
1508), other appropriate Federal laws and regulations, and policies and 
procedures of NMFS for compliance with those regulations. This notice 
is being furnished in accordance with 40 CFR 1501.7 to obtain 
suggestions and information from other agencies and the public on the 
scope of issues and alternatives to be addressed in the EIS.
    Under section 4 of the ESA, the Secretary of Commerce is required 
to adopt such regulations as he deems necessary and advisable for the 
conservation of species listed as threatened. The ESA salmon and 
steelhead 4(d) rule (65 FR 42422, July 10, 2000, as updated in 70 FR 
37160, June 28, 2005) specifies categories of activities that 
contribute to the conservation of listed salmonids and sets out the 
criteria for such activities. Limit 5 of the updated 4(d) rule (50 CFR 
223.203(b)(5)) further provides that the prohibitions of paragraph (a) 
of the updated 4(d) rule (50 CFR 223.203(a)) do not apply to activities 
associated with artificial propagation programs provided that an HGMP 
has been approved by NMFS to be in accordance with the salmon and 
steelhead 4(d) rule (65 FR 42422, July 10, 2000, as updated in 70 FR 
37160, June 28, 2005).


[[Page 8686]]


    Dated: February 16, 2016.
Wanda Cain,
Chief of Staff, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2016-03496 Filed 2-19-16; 8:45 am]
BILLING CODE 3510-22-P



                                                                               Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Notices                                              8685

                                                     Although non-emergency issues not                    public, based on the number of HGMPs                  Rule also specifies the HGMPs be made
                                                  contained in this agenda may come                       available for review, NMFS is reopening               available for public review and
                                                  before this group for discussion, in                    the comment period to March 17, 2016.                 comment prior to NMFS making a
                                                  accordance with the Magnuson-Stevens                    DATES: Written or electronic scoping                  decision on the HGMPs.
                                                  Fishery Conservation and Management                     comments must be received at the                         For more information on the scope of
                                                  Act (Magnuson-Stevens Act), those                       appropriate address or email mailbox                  the proposed hatchery programs, and
                                                  issues may not be the subject of formal                 (see ADDRESSES) no later than 5 p.m.                  NMFS’ review of those programs, and a
                                                  action during these meetings. Actions                   Pacific Time March 17, 2016.                          description of input being sought from
                                                  will be restricted to those issues                      ADDRESSES: Written comments may be                    the public, see the January 15, 2016,
                                                  specifically identified in this notice and              sent by any of the following methods:
                                                  any issues arising after publication of                                                                       Federal Register notice (81 FR 2197). A
                                                                                                            • Email to the following address:                   list of the hatchery facilities being
                                                  this notice that require emergency                      OregonCoastHatcheryEIS.wcr@noaa.gov
                                                  action under section 305(c) of the                                                                            considered and links to the HGMPs for
                                                                                                          with the following identifier in the                  their associated hatchery programs are
                                                  Magnuson-Stevens Act, provided the                      subject line: Oregon Coast Hatchery EIS.              available on the Internet (see
                                                  public has been notified of the Council’s                 • Mail or hand-deliver to NMFS
                                                  intent to take final action to address the                                                                    ADDRESSES).
                                                                                                          Sustainable Fisheries Division, 2900
                                                  emergency.                                              NW Stewart Parkway, Roseburg, OR                      Request for Comments
                                                  Special Accommodations                                  97471.
                                                                                                            • Fax to (541) 957–3386.                               NMFS provides this notice to: (1)
                                                    These meetings are physically                           Comments received will be available                 Advise other agencies and the public of
                                                  accessible to people with disabilities.                 for public inspection, by appointment,                its plans to analyze effects related to the
                                                  Requests for sign language                              during normal business hours at the                   action, and (2) obtain suggestions and
                                                  interpretation or other auxiliary aid                   above address. All Personal Identifying               information that may be useful to the
                                                  should be directed to M. Jan Saunders,                  Information (for example, name,                       scope of issues and the full range of
                                                  (302) 526–5251, at least 5 days prior to                address, etc.) voluntarily submitted by               alternatives to include in the EIS.
                                                  the meeting date.                                       the commenter may be publicly                         Comments should be as specific as
                                                    Dated: February 17, 2016.                             accessible. Do not submit Confidential                possible.
                                                  Tracey L. Thompson,                                     Business Information or otherwise
                                                  Acting Director, Office of Sustainable                  sensitive or protected information.                   Authority
                                                  Fisheries, National Marine Fisheries Service.             Additional information to assist with
                                                                                                                                                                   The environmental review of the
                                                  [FR Doc. 2016–03583 Filed 2–19–16; 8:45 am]             consideration of the notice of intent, as
                                                                                                                                                                Oregon Coast HGMPs will be conducted
                                                  BILLING CODE 3510–22–P                                  well as the HGMPs themselves, are
                                                                                                                                                                in accordance with requirements of the
                                                                                                          available on the Internet at
                                                                                                                                                                NEPA of 1969 as amended (42 U.S.C.
                                                                                                          www.westcoast.fisheries.noaa.gov.
                                                                                                                                                                4321 et seq.), NEPA Regulations (40 CFR
                                                  DEPARTMENT OF COMMERCE                                  FOR FURTHER INFORMATION CONTACT:                      parts 1500–1508), other appropriate
                                                                                                          Lance Kruzic, NMFS, by phone at (541)                 Federal laws and regulations, and
                                                  National Oceanic and Atmospheric
                                                                                                          957–3381, or email to lance.kruzic@                   policies and procedures of NMFS for
                                                  Administration
                                                                                                          noaa.gov.                                             compliance with those regulations. This
                                                  RIN 0648–XE452                                          SUPPLEMENTARY INFORMATION:                            notice is being furnished in accordance
                                                  Notice of Intent To Prepare an                                                                                with 40 CFR 1501.7 to obtain
                                                                                                          ESA-Listed Species Covered in This
                                                  Environmental Impact Statement for                                                                            suggestions and information from other
                                                                                                          Notice
                                                  Hatchery Programs Along the Oregon                                                                            agencies and the public on the scope of
                                                                                                            Coho salmon (O. kisutch): threatened,               issues and alternatives to be addressed
                                                  Coast                                                   naturally produced and specified                      in the EIS.
                                                  AGENCY:  National Marine Fisheries                      artificially produced stocks in the
                                                                                                          Southern Oregon/Northern California                      Under section 4 of the ESA, the
                                                  Service (NMFS), National Oceanic and
                                                                                                          Coast and Oregon Coast Evolutionarily                 Secretary of Commerce is required to
                                                  Atmospheric Administration (NOAA),
                                                                                                          Significant Units (ESUs).                             adopt such regulations as he deems
                                                  Commerce.
                                                                                                                                                                necessary and advisable for the
                                                  ACTION: Notice; reopening of public                     Background                                            conservation of species listed as
                                                  comment period.
                                                                                                             The ODFW has submitted HGMPs for                   threatened. The ESA salmon and
                                                  SUMMARY:   On January 15, 2016, the                     all hatchery programs along the Oregon                steelhead 4(d) rule (65 FR 42422, July
                                                  National Marine Fisheries Service                       Coast to NMFS, pursuant to Limit 5 of                 10, 2000, as updated in 70 FR 37160,
                                                  (NMFS) announced its intent to obtain                   the 4(d) Rule for salmon and salmon                   June 28, 2005) specifies categories of
                                                  information necessary to prepare an                     promulgated under the ESA (65 FR                      activities that contribute to the
                                                  Environmental Impact Statement (EIS)                    42422, July 10, 2000). NMFS’ action of                conservation of listed salmonids and
                                                  for Hatchery and Genetic Management                     evaluating ODFW’s HGMPs under Limit                   sets out the criteria for such activities.
                                                  Plans (HGMPs) submitted by the Oregon                   5 of the 4(d) Rule is a major Federal                 Limit 5 of the updated 4(d) rule (50 CFR
                                                  Department of Fish and Wildlife                         action subject to environmental review                223.203(b)(5)) further provides that the
                                                  (ODFW) for NMFS’s evaluation and                        under NEPA. Therefore, NMFS is                        prohibitions of paragraph (a) of the
                                                                                                                                                                updated 4(d) rule (50 CFR 223.203(a))
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                                                  determination under Limit 5 of the                      seeking public input on the scope of the
                                                  Endangered Species Act (ESA) 4(d) Rule                  required NEPA analysis, including the                 do not apply to activities associated
                                                  for threatened salmon and steelhead.                    range of reasonable alternatives,                     with artificial propagation programs
                                                  NMFS also announced the availability                    recommendations for relevant analysis                 provided that an HGMP has been
                                                  of those HGMPs for public review and                    methods, and information associated                   approved by NMFS to be in accordance
                                                  comment. The announcement opened a                      with impacts of the alternatives to the               with the salmon and steelhead 4(d) rule
                                                  30-day public comment period. In                        resources listed below or other relevant              (65 FR 42422, July 10, 2000, as updated
                                                  response to a request received from the                 resources. Further, Limit 5 of the 4(d)               in 70 FR 37160, June 28, 2005).


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                                                  8686                         Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Notices

                                                    Dated: February 16, 2016.                             advisable protective regulations. NMFS                a final policy statement on No-Action
                                                  Wanda Cain,                                             makes section 9 prohibitions generally                Letters (Policy), which is intended to
                                                  Chief of Staff, Office of Protected Resources,          applicable to many of those threatened                further objectives under section 1021 of
                                                  National Marine Fisheries Service.                      DPS, but also seeks to respond to                     the Dodd-Frank Wall Street Reform and
                                                  [FR Doc. 2016–03496 Filed 2–19–16; 8:45 am]             requests from states and others to both               Consumer Protection Act of 2010 (Dodd-
                                                  BILLING CODE 3510–22–P                                  provide more guidance on how to                       Frank Act).
                                                                                                          protect threatened salmonids and avoid                DATES: The Bureau released this Policy
                                                                                                          take, and to limit the application of take            Statement on its Web site on February
                                                  DEPARTMENT OF COMMERCE                                  prohibitions wherever warranted (see 70               18, 2016.
                                                                                                          FR 37160, June 28, 2005, 71 FR 834,                   FOR FURTHER INFORMATION CONTACT: Dan
                                                  National Oceanic and Atmospheric                        January 5, 2006, and 73 FR 55451,
                                                  Administration                                                                                                Quan, Senior Advisor to the Director,
                                                                                                          September 25, 2008). The regulations                  Consumer Financial Protection Bureau,
                                                                                                          describe programs or circumstances that               at (202) 435–7678.
                                                  Submission for OMB Review;                              contribute to the conservation of, or are
                                                  Comment Request                                                                                               SUPPLEMENTARY INFORMATION:
                                                                                                          being conducted in a way that limits
                                                     The Department of Commerce will                      impacts on, listed salmonids. Because                 I. Overview
                                                  submit to the Office of Management and                  we have determined that such
                                                                                                                                                                   In specifying the purposes, objectives,
                                                  Budget (OMB) for clearance the                          programs/circumstances adequately
                                                                                                                                                                and functions of the Bureau in section
                                                  following proposal for collection of                    protect listed salmonids, the regulations
                                                                                                                                                                1021 of the Dodd-Frank Act, Congress
                                                  information under the provisions of the                 do not apply the ‘‘take’’ prohibitions to
                                                                                                                                                                authorized the Bureau to exercise its
                                                  Paperwork Reduction Act (44 U.S.C.                      them. Some of these limits on the take
                                                                                                                                                                authorities for the purpose of ensuring
                                                  Chapter 35).                                            prohibitions entail voluntary
                                                                                                                                                                that markets for consumer financial
                                                     Agency: National Oceanic and                         submission of a plan to NMFS and/or
                                                                                                                                                                products and services operate
                                                  Atmospheric Administration (NOAA).                      annual or occasional reports by entities
                                                                                                                                                                transparently and efficiently to facilitate
                                                     Title: Limits on Application of ESA                  wishing to take advantage of these
                                                                                                                                                                access and innovation.1 Pursuant to its
                                                  Take Prohibitions.                                      limits, or continue within them.
                                                                                                                                                                authority, the Bureau is finalizing the
                                                     OMB Control Number: 0648–0399.                         The currently approved application
                                                                                                                                                                Policy that is set forth in section VI
                                                     Form Number(s): None.                                and reporting requirements apply to
                                                                                                                                                                below. Under the Policy, Bureau staff
                                                     Type of Request: Regular (extension of               Pacific marine and anadromous fish
                                                                                                                                                                would, in its discretion, issue no-action
                                                  a currently approved information                        species, as requirements regarding other
                                                                                                                                                                letters (NALs) to specific applicants in
                                                  collection).                                            species are being addressed in a
                                                                                                                                                                instances involving innovative financial
                                                     Number of Respondents: 301.                          separate information collection.
                                                                                                            Affected Public: State, local and tribal            products or services that promise
                                                     Average Hours per Response: 20                                                                             substantial consumer benefit where
                                                  hours for a road maintenance agreement                  governments; business or other for-
                                                                                                          profit organizations.                                 there is substantial uncertainty whether
                                                  or for a tribal plan; 5 hours for a                                                                           or how specific provisions of statutes
                                                  diversion screening limit project or for                  Frequency: Annually or on occasion.
                                                                                                            Respondent’s Obligation: Mandatory.                 implemented or regulations issued by
                                                  a report of aided, salvaged, or disposed-                                                                     the Bureau would be applied (for
                                                  of salmonids. 30 hours for an urban                       This information collection request
                                                                                                          may be viewed at reginfo.gov. Follow                  example if, because of intervening
                                                  development package; 10 hours for an                                                                          technological developments, the
                                                  urban development report.                               the instructions to view Department of
                                                                                                          Commerce collections currently under                  application of statutes and regulations
                                                     Burden Hours: 935.                                                                                         to a new product is novel and
                                                     Needs and Uses: This request is for                  review by OMB.
                                                                                                            Written comments and                                complicated). The Policy is also
                                                  extension of a currently approved                                                                             designed to enhance compliance with
                                                  information collection.                                 recommendations for the proposed
                                                                                                          information collection should be sent                 applicable federal consumer financial
                                                     Section 4(d) of the Endangered                                                                             laws. A NAL would advise the recipient
                                                  Species Act of 1973 (ESA; 16 U.S.C.                     within 30 days of publication of this
                                                                                                          notice to OIRA_Submission@                            that, subject to its stated limitations, the
                                                  1531 et. seq.) requires the National                                                                          staff has no present intention to
                                                  Marine Fisheries Service (NMFS) to                      omb.eop.gov or fax to (202) 395–5806.
                                                                                                                                                                recommend initiation of an enforcement
                                                  adopt such regulations as it ‘‘deems                      Dated: February 17, 2016.
                                                                                                                                                                or supervisory action against the
                                                  necessary and advisable to provide for                  Sarah Brabson,                                        requester with respect to a specified
                                                  the conservation of’’ threatened species.               NOAA PRA Clearance Officer.                           matter. NALs would be subject to
                                                  Those regulations may include any or                    [FR Doc. 2016–03574 Filed 2–19–16; 8:45 am]           modification or revocation at any time
                                                  all of the prohibitions provided in                     BILLING CODE 3510–22–P                                at the discretion of the staff, and may be
                                                  section 9(a)(1) of the ESA, which                                                                             conditioned on particular undertakings
                                                  specifically prohibits ‘‘take’’ of any                                                                        by the applicant with respect to product
                                                  endangered species (‘‘take’’ includes                   BUREAU OF CONSUMER FINANCIAL                          or service usage and data-sharing with
                                                  actions that harass, harm, pursue, kill,                PROTECTION                                            the Bureau. Issued NALs generally
                                                  or capture). The first salmonid species                                                                       would be publicly disclosed. NALs
                                                  listed by NMFS as threatened were                       [Docket No. CFPB–2014–0025]
                                                                                                                                                                would be non-binding on the Bureau,
                                                  protected by virtually blanket                                                                                and would not bind courts or other
                                                                                                          Policy on No-Action Letters;
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                                                  application of the section 9 take                                                                             actors who might challenge a NAL-
                                                  prohibitions. There are now 22 separate                 Information Collection
                                                  Distinct Population Segments (DPS) of                   AGENCY:  Bureau of Consumer Financial                   1 Section 1022(b)(1) of the Dodd-Frank Act

                                                  west coast salmonids listed as                          Protection.                                           authorizes the Director to prescribe rules and issue
                                                  threatened, covering a large percentage                                                                       orders and guidance, as may be necessary or
                                                                                                          ACTION: Final Policy Statement.                       appropriate to enable the Bureau to administer and
                                                  of the land base in California, Oregon,                                                                       carry out the purposes and objectives of the Federal
                                                  Washington and Idaho. NMFS is                           SUMMARY:  The Bureau of Consumer                      consumer financial laws, and to prevent evasions
                                                  obligated to enact necessary and                        Financial Protection (Bureau) is issuing              thereof. 12 U.S.C. 5512(b)(1).



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Document Created: 2016-02-19 23:57:01
Document Modified: 2016-02-19 23:57:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; reopening of public comment period.
DatesWritten or electronic scoping comments must be received at the
ContactLance Kruzic, NMFS, by phone at (541) 957-3381, or email to [email protected]
FR Citation81 FR 8685 
RIN Number0648-XE45

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