[Federal Register Volume 65, Number 251 (Friday, December 29, 2000)]
[Notices]
[Pages 82976-82977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-33227]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D.122200A]


Draft Environmental Impact Statement (DEIS) for the Habitat 
Conservation Plans proposed for Public Utility District No. 1 of 
Douglas County, Washington, and the Public Utility District No. 1 of 
Chelan County, Washington

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

ACTION: Notice of document availability; request for comments.

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SUMMARY: This notice advises the public that the Public Utility 
District (PUD) No. 1 of Douglas County, Washington, and the PUD No. 1 
of Chelan County, Washington, (applicants) have submitted individual 
applications to the National Marine Fisheries Service (NMFS) for 
incidental take permits pursuant to the Endangered Species Act (ESA). 
The permit applications are related to the effects on listed anadromous 
fish of the PUDs' ongoing and future hydroelectric project operations 
on the mainstem Columbia River. Each PUD has included with its 
application a proposed (draft) Anadromous Fish Agreement and Habitat 
Conservation Plan (HCP) designed to minimize and mitigate any such 
incidental take of endangered or threatened species, as required by the 
ESA. The proposed HCPs are also intended to serve as proposed 
agreements to satisfy the PUDs' obligations under the Federal Power Act 
and related Federal and state laws governing project effects on 
anadromous fish and their habitat. To consider the effects of these 
proposed HCPs, the NMFS has prepared a DEIS that is now available for 
review and comment by interested parties.

DATES: Written comments on the DEIS must be received on or before March 
29, 2001.

ADDRESSES: For copies of the DEIS, or to provide written comments, 
contact: National Marine Fisheries Service, Northwest Region, Hydro 
Program, 525 NE Oregon Street, Suite 420, Portland, OR 97232-2737 (503-
736-4734). Comments may also be sent via fax to (503) 231-2318. Comment 
will not be accepted if submitted via email or the internet.
    The DEIS and the proposed HCPs are available for review via the 
world wide web at www.nwr.noaa.gov/1hydrop/hydroweb/ferc.htm (under the 
``Related Documents'' heading).

FOR FURTHER INFORMATION CONTACT: Mr. Bob Dach, Fishery Biologist, Hydro 
Program, Portland, OR (503-736-4734).

SUPPLEMENTARY INFORMATION: Under section 9 of the ESA and its 
implementing regulations, ``taking'' of an endangered species is 
prohibited. However, in limited circumstance NMFS may issue a permit to 
take endangered species if such taking is incidental to, and not the 
purpose of, an otherwise lawful activity. Regulations governing permits 
for endangered species can be found in 50 CFR part 222.
    Anticipating that NMFS' decision to issue an incidental take 
permit, as contemplated by the proposed HCPs, would be a major federal 
action under the National Environmental Policy Act (NEPA), the PUDs 
requested that NMFS conduct a coordinated and consolidated 
environmental review process to facilitate the resolution of remaining 
issues under the proposed agreements while complying with applicable 
Federal and state legal requirements.
    NMFS considers each of these permit requests to be a major Federal 
action significantly affecting the quality of the human environment. 
Therefore, in accordance with the requirements of NEPA, NMFS has 
prepared a DEIS. This notice, provided pursuant to NEPA

[[Page 82977]]

regulations (40 CFR 1506.6), advises the public that the DEIS and 
proposed HCPs are now available for review and comment. After 
considering any comments received pursuant to this notice, NMFS will 
prepare a final EIS and make a final determination regarding the 
sufficiency of the applications in accordance with the requirements of 
50 CFR 222.307. If deemed sufficient, NMFS thereafter will publish a 
notice that the applications are available for public comment, as 
required by 50 CFR part 222, prior to reaching a decision on whether to 
issue or deny issuance of the permits.
    The following species and evolutionarily significant units are 
included in these Plans: Endangered Upper Columbia River (UCR) spring-
run chinook salmon (Oncorhynchus tshawytscha) and steelhead (O. 
mykiss), unlisted UCR summer/fall chinook salmon (O. tshawytscha), 
Okanogan River and Lake Wenatchee sockeye salmon (O. nerka), and UCR 
coho salmon (O. kisutch). The Plan also proposes specific procedures, 
protection and enhancement measures to mitigate for the effects that 
the Wells, Rocky Reach and Rock Island hydroelectric projects will have 
on these species, for a period of 50 years. The Wells Dam is owned and 
operated by the PUD No. 1 of Douglas County and the Rocky Reach and 
Rock Island dams are owned and operated by the PUD No. 1 of Chelan 
County. All three of these hydroelectric projects are located on the 
Mid-Columbia River in central Washington state.
    The applicants have provided proposed HCPs with the intent of 
obtaining incidental take permits pursuant to ESA section 10(a)(1)(B). 
The proposed HCPs were developed over several years of negotiations 
with Federal and state resource agencies, Native American Tribes, and 
with American Rivers (a non-governmental environmental organization). 
While these negotiations produced proposed agreements on many important 
issues, it should be noted that not all parties are in support of the 
HCPs as currently proposed. NMFS has determined that we are unable to 
execute the agreements until a public review, the requisite 
environmental reviews, and Federal/Tribal consultations have been 
completed.
    The proposed HCPs include a standard of ``no net impact'' which 
consists of a 95-percent juvenile dam passage survival standard and a 
91-percent total project survival standard for each of the Plan 
species. The total project survival standard includes both the juvenile 
and adult life stages of the Plan species. The unavoidable project 
mortality (i.e., the remaining 9-percent of the Plan species still 
impacted by project operations) will be mitigated through a habitat 
conservation fund and a supplementation program. The habitat fund will 
address 2-percent of the unavoidable loss and the supplementation 
program will address the remaining 7-percent. As a result of this 
commitment, the applicants are requesting incidental take permits with 
a term of 50 years, settlement under the Federal Power Act when each 
project is relicensed, and a ``no surprises'' guarantee from the 
Federal government.
    Following the DEIS public review and comment period, a preferred 
alternative will be selected and evaluated for its affect on ESA-listed 
species. At that time, NMFS will determine the sufficiency of the 
section 10(a)(1)(B) permit applications and will publish a notice of 
availability in the Federal Register for review of the completed 
applications and the Final Environmental Impact Statement (FEIS). NMFS 
will make its decision regarding issuance of the permit following 
completion of the FEIS and permit application review period.
    The DEIS considers the environmental consequences of three 
alternatives: (1) no action, (2) ESA coverage pursuant to section 
7(a)(2), and (3) ESA coverage pursuant to section 10(a)(1)(B). 
Alternative 1, the no action alternative, would result in continuation 
of the status quo. Alternative 2 would require the Federal Energy 
Regulatory Commission to implement all measures necessary to aid in the 
recovery of listed species, up to full mitigation of the project 
effects, although only limited measures would be applied to currently 
unlisted species. Alternative 3 would utilize the ``no net impact'' 
standard, as described previously, and implementation processes set 
forth in the proposed HCPs to both protect currently listed species and 
to further protect and enhance the remaining Plan species in an attempt 
to prevent future listings. The results of implementing each of these 
alternatives on the human environment have been assessed in the DEIS.
    NMFS will use the comments received to modify the DEIS as 
appropriate and to aid in the selection of the preferred alternative. 
The applicants will then have an opportunity to modify their HCPs, if 
necessary, to address information provided during the comment period. 
Upon completion of a biological opinion on the preferred alternative, 
NMFS will render its decision.

    Dated: December 22, 2000.
Wanda L. Cain,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 00-33227 Filed 12-28-00; 8:45 am]
BILLING CODE: 3510-22-S