[Federal Register Volume 67, Number 103 (Wednesday, May 29, 2002)]
[Notices]
[Pages 37392-37393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13408]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 051602A]


Endangered and Threatened Species; Take of Anadromous Fish

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

ACTION: Notice of availability of Draft Environmental Assessment (EA) 
and request for comments.

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

SUMMARY: Notice is hereby given of the availability of a draft EA for 
NMFS' implementation of part of the

[[Page 37393]]

Endangered Species Act (ESA) that it adopted for the 14 threatened 
salmon and steelhead Evolutionarily Significant Units (ESUs) identified 
in the SUPPLEMENTARY INFORMATION section. The action provides for 
limits on ESA prohibitions (Limits) for the various activities set out 
in the document. The draft EA is a programmatic EA that analyzes the 
impacts of implementing the Limit for routine road maintenance 
activities (RRM) of any state, city, county or port (Limit 10). This EA 
will form the basis for subsequent analyses of activities or programs 
that may be submitted pursuant to Limit 10. NMFS is furnishing this 
notification to allow other agencies and the public an opportunity to 
review and comment on the draft EA. All comments received will become 
part of the public record and will be available for review.

DATES: Written comments on the draft EA must be received at the 
appropriate address or fax number (see ADDRESSES) no later than 5 p.m. 
Pacific Standard Time on June 28, 2002.

ADDRESSES: Written comments should be sent to Rosemary Furfey, 
Protected Resources Division, National Marine Fisheries Service, 525 
N.E. Oregon Street, Suite 500, Portland, OR 97232-2737. Comments may 
also be sent via fax to 503-230-5441. Copies of the draft EA are 
available on the Internet at , http:www.nwr.noaa.gov/1salmon/salmesa/final4d.htmhttp://swr.nmfs.noaa.gov/salmon.htm, or from NMFS, Protected 
Resources Division, 525 N.E. Oregon Street, Suite 500, Portland, OR 
97232-2737. Comments will not be accepted if submitted via email or the 
Internet.

FOR FURTHER INFORMATION CONTACT: Rosemary Furfey at phone number: 503-
231-2149, facsimile: 503-230-5441, or e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Species Covered in This Notice

    The following species are covered in this Notice:
    Chinook salmon (Oncorhynchus tshawytscha); threatened Puget Sound 
(PS), Lower Columbia River (LCR), and Upper Willamette River (UWR).
    Coho salmon (Oncorhynchus kisutch); threatened Oregon Coast (OC).
    Sockeye salmon (Oncorhynchus nerka); threatened Ozette Lake (OL).
    Chum salmon (Oncorhynchus keta); threatened Hood Canal Summer-run 
(HCS) and Columbia River (CR).
    Steelhead (Onchorynchus mykiss); threatened Snake River Basin 
(SRB), Central California Coast (CCC), South/Central California Coast 
(SCCC), Lower Columbia River (LCR), Central Valley, California (CVC), 
Middle Columbia River (MCR), and Upper Willamette River (UWR).

Background

    National Environmental Policy Act (NEPA) requires that Federal 
agencies conduct an environmental analysis of their actions to 
determine if the actions may affect the human environment. Accordingly, 
before NMFS issued the ESA 4(d) rule for the 14 ESUs identified above 
it prepared a set of EAs in connection with this regulation and made a 
Finding of No Significant Impact (FONSI). Since the 4(d) rule came into 
effect on July 10, 2000, various governmental entities and the public 
have demonstrated interest in having their individual programs reviewed 
under Limit 10. With this increasing interest in using Limit 10, there 
is the possibility of increased effects as defined by NEPA. Thus, NMFS 
is conducting this subsequent NEPA analysis to determine the impacts of 
implementing Limit 10. States, counties, cities and ports conducting 
RRM activities would not be subject to ESA section 9 prohibitions 
provided that they perform the RRM activities using an RRM program that 
has been approved by NMFS as meeting the requirements of Limit 10.
    NMFS is using a staged or sequential approach in its NEPA review of 
the implementation of Limit 10, and of any RRM that may be submitted 
under it. The first stage is this programmatic EA, which assesses the 
environmental impacts associated with just the implementation of Limit 
10. It will form the basis for the second stage or subsequent NEPA 
analyses of NMFS' actions regarding individual RRM programs submitted 
under Limit 10.
    This draft EA analyzes three alternatives: (1) The no action 
alternative; the 4(d) rule with Limits is not implemented; no ESA 
section 9 prohibitions are in effect; (2) the proposed action 
alternative; the 4(d) Rule with section 9 prohibitions and Limit 10 is 
implemented; and (3) alternative 3; the 4(d) rule without Limit 10 is 
implemented.
    Because the proposed action creates an optional ESA process, its 
effects are necessarily programmatic in nature. In other words, the 
only effects that the proposed action may generate are those associated 
with putting take prohibitions into place and establishing the Limit 10 
option for NMFS' approval of RRM programs. The proposed action does not 
address the possible effects of individual RRM programs because the 
actual effects, particularly the physical effects, associated with such 
programs cannot be measured at this point. Also it is impossible to 
anticipate what programs will be submitted to NMFS or approved by NMFS. 
During the second stage of NEPA review, NMFS will conduct further NEPA 
analyses when an RRM program is submitted to NMFS. These subsequent 
NEPA documents will present a summary of the issues addressed in this 
draft programmatic Limit 10 EA; as appropriate, incorporate by 
reference the analyses presented in this programmatic EA; and address 
any environmental effects of NMFS' action regarding a specific RRM 
program.
    This notice is provided pursuant to the NEPA regulations (40 CFR 
1506.6). The final NEPA determinations will not be completed until 
after the end of the 30-day comment period and NMFS will fully consider 
all public comments during the comment period.

    Dated: May 22, 2002.
Wanda Cain,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 02-13408 Filed 5-28-02; 8:45 am]
BILLING CODE 3510-22-S