[Federal Register Volume 71, Number 42 (Friday, March 3, 2006)]
[Notices]
[Pages 10957-10958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3048]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 013006H]


Availability of Two Reports: Treated Wood in Aquatic 
Environments: Technical Review and Use Recommendations; and Creosote-
Treated Wood in Aquatic Environments: Technical Review and Use 
Recommendations

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

ACTION: Notice of availability; request for comments.

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SUMMARY: NMFS is providing this notice in order to allow Federal and 
state agencies and the public an opportunity to review and provide 
comments on two reports, prepared for NMFS by an independent consulting 
firm, regarding the use of treated wood products in aquatic 
environments. The intent of the reports is to ensure NMFS is informed 
of relevant studies and recommendations when making decisions related 
to the use of treated wood in aquatic environments. This information 
may be used for future development or revision of NMFS treated wood-use 
guidelines. NMFS is soliciting public comment on whether the treated 
wood documents sufficiently summarize the existing body of knowledge 
concerning copper and creosote treated wood products,

[[Page 10958]]

including the fate and transport of leached materials, the appropriate 
use of treated wood products, and the potential effects on living 
marine resources and their habitats. In addition to this public comment 
opportunity, the reports will also be subject to independent peer 
review.

DATES: Public comments must be received by 5 p.m., Pacific standard 
time May 2, 2006.

ADDRESSES: Comments on these reports may be submitted by mail to the 
National Marine Fisheries Service, 777 Sonoma Avenue, Suite 325, Santa 
Rosa, CA 95409, Attn: Water Quality Coordinator/Treated Wood Comments. 
Comments concerning the Treated Wood in Aquatic Environments report may 
be sent via facsimile to (301) 427-2538. Comments concerning the 
Creosote-Treated Wood in Aquatic Environments report may be sent via 
facsimile to (301) 427-2540. Comments may also be submitted 
electronically. For comments regarding the Treated Wood in Aquatic 
Environments report, please e-mail your comments to 
[email protected]. For comments regarding the Creosote-Treated 
Wood in Aquatic Environments report, please e-mail your comments to 
[email protected].The reports are available at http://swr.nmfs.noaa.gov/ or may be requested by calling or emailing the 
contact person listed below. Please include appropriate contact 
information when requesting the documents.

FOR FURTHER INFORMATION CONTACT: Joseph Dillon, Southwest Region Water 
Quality Coordinator at 707-575-6093 or by email, 
[email protected].

SUPPLEMENTARY INFORMATION: The purpose of the technical review 
documents is to present a summary of existing literature, prepared 
independently by Stratus Consulting, Inc. for NMFS, that analyzes the 
potential effects and mitigations for the use of treated wood products 
in aquatic environments. The documents focus on copper treated wood, 
primarily ammoniacal copper zinc arsenate (ACZA), as this is the most 
prominent material used on the west coast of the United States and in 
Alaska, and creosote treated products.
    These products are being examined by NMFS to determine the risks 
generated by their usage to the living marine resources that NMFS is 
responsible for managing. These include anadromous salmonids managed by 
NMFS under the Endangered Species Act (ESA), as well as other marine 
fishery resources including Essential Fish Habitat (EFH) as identified 
and described under Federal fishery management plans pursuant to 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). The use of treated wood in or near aquatic environments 
commonly requires a permit issued by the U.S. Army Corps of Engineers 
pursuant to the Clean Water Act and the Rivers and Harbors Act of 1899. 
Under the ESA, Federal agencies must consult with NMFS pursuant to 
section 7 of the statute to ensure that any action authorized, funded 
or carried out by the Federal agency does not jeopardize the continued 
existence of any threatened or endangered species or result in the 
destruction or adverse modification of designated critical habitat. 
Federal action agencies are also required by the Magnuson-Stevens Act 
to consult with NMFS on any action that may adversely affect EFH. In 
issuing this permit, the U.S. Army Corps of Engineers will have to 
conduct an EFH assessment pursuant to 60 CFR 600.920(e) to determine 
whether the proposed permitted action will adversely affect EFH.
    Effects of treated wood that need to be examined under the ESA and 
Magnuson-Stevens Act regulations include direct, indirect, and 
cumulative effects. An example of direct effects includes the acute and 
sublethal impacts of copper and polycyclic aromatic hydrocarbons to 
salmonids and the EFH of managed species. An example of an indirect 
effect includes the adverse impacts to the prey base upon which ESA 
listed and EFH managed species depend. An example of a cumulative 
effect includes the impacts of multiple structures and contaminants in 
an area with or without additional loading from urban sources, historic 
mining, smelters, ships' hulls or any other source. The synthesis of 
these effects to habitat and to individuals, coupled with local 
environmental conditions and specific species of concern, defines the 
risk of a project proposing the use of treated wood.
    Since the use of treated wood materials in situations that may 
expose aquatic ecosystems is widespread along the west coast of the 
United States and in Alaska, development of guidelines from the 
information presented in these reports should help to streamline the 
review of permitting processes as well as the permitting processes 
themselves. These reports may be used in the future to create new or 
update existing NMFS policies regarding treated wood.

    Dated: February 27, 2006.
James W. Balsiger,
Deputy Assistant Administrator for Regulatory Programs,National Marine 
Fisheries Service.
[FR Doc. E6-3048 Filed 3-2-06; 8:45 am]
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