[Federal Register Volume 75, Number 24 (Friday, February 5, 2010)]
[Notices]
[Pages 6058-6060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2509]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-MB-2009-N286; 80213-9410-0000-7B]


Federal Sport Fish Restoration; California Department of Fish and 
Game Fish Hatchery and Stocking Program

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability: Final environmental impact report/
environmental impact statement (EIR/EIS).

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SUMMARY: The U.S. Fish and Wildlife Service (FWS) announces the 
availability of the final EIR/EIS for the California Department of Fish 
and Game's (CDFG) Fish Hatchery and Stocking Program (Program). FWS is 
lead agency, under the National Environmental Policy Act (NEPA) of 
1969, as amended, for the EIR/EIS jointly prepared with CDFG. Under the 
Sport Fish Restoration Act (SFRA), FWS proposes to fund actions 
associated with the operation of CDFG's 14 trout hatcheries and the Mad 
River Hatchery for the anadromous steelhead, and stocking from the 15 
hatcheries. The Federal action does not include funding CDFG's other 
anadromous fish hatcheries and associated stocking, nor its issuance of 
private stocking permits. SFRA funding may also support CDFG's Fishing 
in the City and Classroom Aquarium Education Programs. CDFG is the lead 
agency under the California Environmental Quality Act (CEQA) and 
proposes to implement hatchery operations and stocking funded by FWS, 
as well as all other components of the CDFG Program, including 
anadromous fish hatchery operations and associated stocking, and 
issuance of stocking permits to private parties seeking to stock fish 
in California's inland waters. The final EIR/EIS presents Program 
impact analysis, mitigation for impacts, selection of the preferred 
alternative, and response to comments received during the comment 
period for the draft EIR/EIS.

DATES: We anticipate that a Record of Decision will be issued by FWS in 
2010, but no sooner than 30 days after the Federal Register publication 
date for this notice of availability.

ADDRESSES: Download copies of the final EIR/EIS from the CDFG Web site 
at http://www.dfg.ca.gov/news/pubnotice/hatchery/. Alternatively, you 
may send your request for copies of the final EIR/EIS to Mr. Bart Prose 
by mail at U.S. Fish and Wildlife Service, 2800 Cottage Way, Room W-
1729, Sacramento, CA 95825; by e-mail to [email protected]; or by fax 
to (916) 978-6155.

FOR FURTHER INFORMATION CONTACT: Mr. Bart Prose: (916) 978-6152 
(phone); [email protected] (e-mail).

SUPPLEMENTARY INFORMATION: Under the SFRA (Pub. L. 106-408), FWS has 
authority to grant Federal funds from the Sport Fish Restoration and 
Boating Trust Fund to support actions associated with CDFG's Program. 
The Trust Fund is financed through collection of excise taxes on sport-
fishing equipment, electric motors, and sonar; import duties on fishing 
tackle, yachts, and pleasure craft; the portion of gasoline tax 
attributable to motorboats and small engines; and interest on the Fund.
    CDFG has been rearing and stocking fish in the inland waters of 
California since the late 1800s, when the State of California enacted 
legislation to restore and preserve fish in State waters. This 
legislation called for the newly formed California State Fish and Game 
Commission to establish ``fish breederies'' to stock and supply 
streams, lakes, and bays with both foreign and domestic fish. Since 
that time in the late 1800s, CDFG has continued that mandate by rearing 
and stocking both inland trout and anadromous species of fish reared at 
24 hatcheries and planting bases located throughout the State.
    For the past approximately 100 years, CDFG has stocked nonnative 
trout throughout the State. CDFG's Program currently operates 14 trout 
hatcheries throughout the State, rearing 6 trout species and 3 salmon 
species. Trout hatcheries rear rainbow, golden, cutthroat, brown, lake, 
and brook trout. Salmon species reared include Chinook, Coho, and 
kokanee. CDFG's Mad River Hatchery for anadromous fish presently rears 
only steelhead. Over the past 5 years, CDFG planted over 3.6 million 
pounds of combined trout and inland salmon, annually, from its 14 trout 
hatcheries into hundreds of locations, including high mountain lakes, 
low-elevation reservoirs, and various streams and creeks. The Mad River

[[Page 6059]]

Hatchery planted over 39,000 pounds of steelhead, annually, into the 
Mad River.
    Funding CDFG Program activities provides freshwater angling 
opportunities and recreation throughout the State. Operations and 
stocking associated with the 14 trout hatcheries and the Mad River 
anadromous fish hatchery are eligible for SFRA grants. FWS does not 
fund operations or stocking associated with other anadromous hatcheries 
because they are mitigation hatcheries, which are funded through other 
sources.
    In 2005, State Assembly Bill 7 added Section 13007 to the 
California Fish and Game Code (FGC 13007), which established annual 
minimum release targets for hatchery trout based upon sport-fishing 
license sales, and required CDFG to deposit one-third of sport-fishing 
license fees into its Hatchery and Inland Fisheries Fund for specified 
fisheries management purposes. Per CDFG's implementation plan for FGC 
13007, funding for the stocking program was scheduled to increase from 
almost $8 million for State fiscal year (FY) 2005-2006, to $15 million 
for State FY 2006-2007. In addition, a State court order in 2006 
required CDFG to complete an environmental review for its Program. To 
expedite Program changes due to FGC 13007, the court-ordered 
environmental review, and associated SFRA funding contributions to the 
Program, FWS and CDFG agreed to prepare a joint EIR/EIS. FWS published 
a notice of intent to prepare the EIR/EIS in the Federal Register on 
August 5, 2008 (73 FR 45470). The notice of availability for the draft 
EIR/EIS and 45-day comment period published in the Federal Register on 
October 8, 2009 (74 FR 51872).
    The objectives of CDFG's Program are to continue the rearing and 
stocking of fish for the recreational use of anglers, while balancing 
the interaction between State- and privately stocked fish and 
threatened and endangered species. The purpose of FWS's proposed SFRA 
funding is to support operations of CDFG's 14 trout hatcheries and the 
Mad River Hatchery for the anadromous steelhead, and associated 
stocking of fish produced at those hatcheries. SFRA funding also 
supports CDFG's Fishing in the City and Classroom Aquarium Education 
Programs. The need addressed by the proposed action is the support of 
viable recreational fishing in California, through increased angler 
success that is provided by stocking of hatchery fish in both urban and 
rural water bodies. Provision of SFRA funds for support of private 
stocking permits, or operation of other anadromous fish hatcheries and 
their associated stocking efforts, is outside the scope of actions 
contemplated by FWS at this time.
    Hatchery operations and stocking activities associated with CDFG's 
inland water hatchery program, including potential increases in fish 
rearing and stocking in the future, have been evaluated for their 
effects on the environment. Potential impacts to native amphibians and 
fish, which have experienced declines within the state, are of chief 
interest. Results of the evaluations and alternative courses of action 
are presented in the draft EIR/EIS, in accordance with CEQA (PRC 21000 
et seq.) and NEPA (42 U.S.C. 4321 et seq.).

Alternatives

    Four alternatives were developed for CDFG's Fish Hatchery and 
Stocking Program, and each was included for detailed analysis in the 
draft EIS/EIR. All Program components are subject to CEQA, but only the 
subset of components with Federal discretionary involvement (associated 
with SFRA funding) are subject to NEPA; i.e., operations of CDFG's 14 
trout hatcheries and the Mad River Hatchery for steelhead, associated 
stocking of fish produced at those hatcheries, and the Fishing in the 
City and Classroom Aquarium Education Programs. Only the components of 
the 4 alternatives pertinent to NEPA are described here.

Preferred Alternative

    Under the Preferred Alternative, FWS will continue to provide 
funding, as modified by certain mitigation provisions, for operations 
of CDFG's 14 trout hatcheries and the Mad River Hatchery for steelhead, 
and associated stocking of fish produced at those hatcheries. Hatchery 
operations will remain largely unchanged from those conducted during 
the last 5 years, with mitigation applied in some instances to protect 
water quality, check the spread of invasive species and pathogens, and 
manage ground water. Decisions on stocking of trout, where potential 
for significant impacts exist, will be made using a state-wide, pre-
stocking evaluation protocol that emphasizes protection of native, 
sensitive, or legally-protected species. In high mountain lake areas 
where Aquatic Biodiversity Management Plans (ABMPs) have been prepared, 
stocking will continue to follow guidelines that ensure expansion of 
habitats for native amphibians and fish. In areas without ABMPs, trout 
stocking will be based on site-specific, pre-stocking evaluations of 
risk to native, sensitive, or legally protected species. ABMPs or other 
similar plans may be developed and implemented prior to stocking in 
those locations. Such plans could include eradication of nonnative fish 
from water bodies currently or formerly harboring sensitive native 
species, genetic analysis of native fish to determine degree of 
hybridization, cessation of nonnative trout stocking in waters occupied 
by native trout populations, and implementation of measures consistent 
with FWS recovery plans and CDFG management plans. Stocking of Mad 
River steelhead will continue with measures intended to reduce the 
interaction between hatchery reared fish and naturally reproducing 
populations and consistent with the Draft Hatchery and Genetic 
Management Plan submitted to the National Marine Fisheries Service. The 
Fishing in the City and Classroom Aquarium Education Programs will 
continue using conservation measures and uniform protocols developed to 
ensure that stocking locations are properly screened to protect native, 
sensitive, and legally protected species. Implementation of Program 
activities associated with application of pre-stocking evaluation 
protocols or development of ABMPs, may require additional, site-
specific NEPA compliance tiered from the EIR/EIS.

Continuation of Interim Program Provisions Alternative

    Under the Continuation of Interim Program Provisions Alternative, 
FWS will continue to provide funding for operations of CDFG's 14 trout 
hatcheries and the Mad River Hatchery for steelhead, and associated 
stocking of fish produced at those hatcheries, consistent with the 
court-ordered prohibitions and exceptions on fish stocking that were 
put into place for the interim period between the date of the court 
order and completion of the EIR/EIS. The interim provisions prohibit 
stocking nonnative fish in any California fresh water body where 
surveys have demonstrated the presence of 25 specified amphibian or 
fish species, or where a survey for those species has not yet been 
completed. The order does not address the stocking of native fish into 
native waters. Exceptions to the prohibitions include stocking in 
human-made reservoirs larger than 1000 acres; stocking in human-made 
reservoirs less than 1000 acres that are not connected to a river or 
stream, are not within California red-legged frog critical habitat, or 
are not where California red-legged frogs are known to exist; stocking 
as required for State or Federal mitigation; stocking for the purpose 
of enhancing salmon and steelhead populations and funded by

[[Page 6060]]

the Commercial Trollers Salmon Stamp; stocking of steelhead from the 
Mad River Hatchery into the Mad River Basin; CDFG's Aquarium in the 
Classroom program; stocking actions to support scientific research; and 
stocking done under an existing private stocking permit or to be 
completed under a new permit with terms similar to one that was issued 
in the last 4 years. The Fishing in the City and Classroom Aquarium 
Education Programs will continue under uniform protocols developed to 
ensure that stocking locations are properly screened to protect native, 
sensitive, and legally protected species.

Continuation of Existing Program Alternative

    The Continuation of Existing Program Alternative (equivalent to the 
CEQA No Project Alternative) is continuation of SFRA funding for the 
existing Fish Hatchery and Stocking Program. The hatcheries' operation 
and stocking activities undertaken by CDFG over the past 5 years would 
continue unchanged (some activities may be inconsistent with the court-
ordered prohibitions and exceptions), and the SFRA funding process for 
these activities will continue as it has over the same period.

No Action Alternative

    Under the No Action Alternative, FWS would not approve SFRA grant 
funds to be used by CDFG to support actions associated with operations 
of the CDFG Fish Hatchery and Stocking Program. Because of State 
statutory and public trust requirements related to the hatchery 
program, CDFG would attempt to continue to implement its State hatchery 
program, seeking other funding sources to replace the Federal funds.

    Authority:  National Environmental Policy Act (42 U.S.C. 4321 et 
seq.); Regulations for Implementing the Procedural Provisions of the 
National Environmental Policy Act (40 CFR 1500-1508).

    Dated: December 16, 2009.
Ren Lohoefener,
Regional Director.
[FR Doc. 2010-2509 Filed 2-4-10; 8:45 am]
BILLING CODE 4310-55-P