[Federal Register Volume 76, Number 242 (Friday, December 16, 2011)]
[Notices]
[Pages 78243-78245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32287]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA853


Notice of Availability for General Conservation Plans and Notice 
of Intent To Prepare Environmental Assessments

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

ACTION: Notice of Availability of General Conservation Plans; and 
Notice of Intent To prepare Environmental Assessments; announcement of 
a public scoping meeting; request for comments.

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SUMMARY: We, NMFS, announce our intent to conduct public scoping 
necessary to gather information to prepare General Conservation Plans 
(GCPs) for the Penobscot Bay, Merrymeeting Bay, and Downeast Coastal 
Salmon Habitat Recovery Units (SHRUs) and Environmental Assessments 
(EAs) under the National Environmental Policy Act (NEPA). The GCPs will 
provide a streamlined process by which dam owners that are not 
regulated by the Federal Energy Regulatory Commission (FERC) can obtain 
an incidental take permit (ITP) by conforming to specific measures in 
their respective GCP that minimize and mitigate impacts to Gulf of 
Maine Distinct Population Segment (GOM DPS) of Atlantic salmon (Salmo 
salar). The GCP will be implemented cooperatively by participating dam 
owners and NMFS. The EAs will analyze the environmental effects of the 
proposed issuance of ITPs under the Endangered Species Act of 1973 
(ESA), as amended. We provide this notice to announce the initiation of 
a public scoping period, during which other Federal and State agencies, 
Tribes, and the public can provide suggestions and information on the 
scope of issues and range of alternatives to be addressed in the GCPs 
and EAs.

DATES: Please send written comments on or before February 14, 2012. A 
formal Public scoping meeting will be held on January 11, 2011. For the 
public meeting locations, see ``Meeting'' below.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2011-0291, by any of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal www.regulations.gov. To 
submit

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comments via the e-Rulemaking Portal, first click the ``submit a 
comment'' icon, then enter NOAA-NMFS-2011-0291 in the keyword search. 
Locate the document you wish to comment on from the resulting list and 
click on the ``Submit a Comment'' icon on the right of that line.
     Mail or hand-delivery: Assistant Regional Administrator, 
NMFS, Northeast Regional Office, 55 Great Republic Drive, Gloucester, 
MA 01930.
    Instructions: Comments must be submitted by one of the above 
methods to ensure that the comments are received, documented, and 
considered by NMFS. Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered. All comments received are a part of the public 
record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.) submitted voluntarily by the 
sender will be publicly accessible. Do not submit confidential business 
information, or otherwise sensitive or protected information. NMFS will 
accept anonymous comments (enter ``N/A'' in the required fields if you 
wish to remain anonymous). Attachments to electronic comments will be 
accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file 
formats only.
    The GCPs and other pertinent information are also available 
electronically at the NMFS Web site at http://www.nero.noaa.gov/prot_res/altsalmon/conservationplan and http://www.nero.noaa.gov.
    Meeting: A public meeting will be held on January 11, 2011, from 
12:30-5 p.m. at the Hilton Garden Inn, 250 Haskell Road, Bangor, ME.

FOR FURTHER INFORMATION CONTACT: David Bean, NMFS, Northeast Regional 
Office, Maine Field Station, 17 Godfrey Drive, Orono, ME 04473; (207) 
866-4172.

SUPPLEMENTARY INFORMATION: 

Reasonable Accommodations

    Persons needing reasonable accommodations in order to attend and 
participate in the public meeting should contact the National Marine 
Fisheries Service (NMFS) at the address above no later than one week 
before the public meeting. Information regarding this proposed action 
is available in alternative formats upon request.

Background

    In accordance with section 10(a)(1)(B) of the ESA, we are preparing 
three individual GCPs to provide a streamlined process by which dam 
owners within the GOM DPS can obtain an incidental take permit. Section 
9 of the ESA (16 U.S.C. 1538) and the implementing regulations prohibit 
the take of animal species listed as endangered or threatened. The term 
``take'' is defined under the ESA (16 U.S.C. 1532) as to harass, harm, 
pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt 
to engage in such conduct. ``Harm'' is defined by Service regulation 
(50 CFR 17.3) to include significant habitat modification or 
degradation where it actually kills or injures wildlife by 
significantly impairing essential behavior patterns, including 
breeding, feeding, or sheltering. Under section 10(a)(1)(B) of the ESA, 
NMFS may issue permits to authorize ``incidental take'' of listed 
species, where the take is incidental to, and not the purpose of, 
carrying out an otherwise lawful activity. Regulations governing 
permits for threatened and endangered species are found in the Code of 
Federal Regulations at 50 CFR 17.32 and 50 CFR 17.22, respectively. If 
a permit is issued, participating dam owners would receive assurances 
for all species included on the ITP under the Service's ``No 
Surprises'' regulations (50 CFR 17.22 (b)(5) and 17.32 (b)(5)).
    Section 10 of the ESA specifies the requirements for the issuance 
of ITPs to non-Federal entities. Any proposed take cannot appreciably 
reduce the likelihood of the survival and recovery of the species in 
the wild. The impacts of such take must also be minimized and mitigated 
to the maximum extent practicable. Typically, to obtain an ITP, an 
applicant must prepare a Habitat Conservation Plan (HCP) describing the 
impact that would likely result from the proposed taking, the measures 
for minimizing and mitigating the take, the funding available to 
implement such measures, alternatives to the taking, and the reason why 
such alternatives are not being implemented. NMFS is preparing three 
individual GCPs that describe the required protective measures and 
provides a regulatory structure for these specific conditions to occur. 
Individual private dam owners could receive ITPs by participating in 
the GCP process.
    The specific objectives of the GCPs are to (1) Provide for safe, 
timely, and effective passage for all relevant life stages of Atlantic 
salmon at each facility covered in the GCPs to promote recovery of the 
species; (2) provide full access to critical habitat with a habitat 
quality score of 2 or 3 (74 FR 29300; June 19, 2009) in the GOM DPS; 
(3) provide a mechanism for which authorized incidental take can be 
mitigated by requiring the applicant to provide additional funds which 
can be used to improve access to quality habitat within the GOM DPS; 
and (4) provide a regulatory and permitting process for qualified dam 
owners to receive take authorization that minimizes time requirements 
for the applicant.
    Owners of dams not regulated by FERC that are located within the 
GOM DPS would be eligible for participation in the GCPs. We are 
proposing to address only the federally endangered GOM DPS Atlantic 
salmon in the GCP for ITP coverage, although other Federally listed and 
special-status species are expected to benefit from activities 
conducted through the GCPs. Under the GCPs, ITPs would be issued to 
cover otherwise legal activities necessary to maintain or improve 
Atlantic salmon passage. Such activities include, but are not limited 
to: Demolishing and removing a dam; rehabilitating riparian vegetation 
after dam removal; sediment removal upstream of a dam prior to removal; 
reconstructing the river channel after dam removal; and, constructing 
and maintaining upstream or downstream fishways. The GCPs would not 
allow for coverage of activities that are not specifically related to 
maintaining or improving Atlantic salmon passage.
    Participating dam owners in the GCPs would have two options to 
minimize take of Atlantic salmon: (1) Remove the dam; or (2) modify the 
dam such that it allows for upstream migration of adult Atlantic salmon 
during times of salmon migration. Dam owners utilizing minimization 
option two would also be required to pay a mitigation fee for ongoing 
impacts to fish passage that will result from continued dam presence. 
Specifically, dam owners would be assessed an annual mitigation fee 
which would be allocated to an individual GCP Adaptive Management Fund 
that would be used to improve fish passage at high priority locations 
in the respective SHRU. The annual fee would be calculated based on 
general information regarding the impacts of dams to Atlantic salmon 
passage and the quantity and quality of habitat upstream of the dam.
    We intend for the GCPs to be effective for 50 years. For projects 
pursuing Minimization Option 1 (dam removal), individual ITPs would be 
valid for the duration of the GCPs if necessary, though in most cases 
all take should be eliminated by dam removal and long-term take 
issuance should not be needed. For projects pursuing Minimization 
Option 2 (modify dam to allow for fish passage), individual ITPs

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would be valid for 20 years and may be extended for additional terms if 
we determine that a dam has been, and remains, in compliance with the 
GCP's requirements.

Environmental Assessment

    NEPA (42 U.S.C. 4321 et seq.) requires that Federal agencies 
conduct an environmental analysis of their proposed actions to 
determine if the actions may significantly affect the human 
environment. Under NEPA, a reasonable range of alternatives to proposed 
projects is developed and considered in the environmental review. 
Alternatives considered for analysis in an environmental document may 
include: variations in the scope of covered activities; Variations in 
the location, amount, and type of conservation; variations in permit 
duration; or, a combination of these elements.
    The EAs will consider the proposed action (issuance of ITPs through 
the GCP process), a no-action alternative (a scenario where there would 
be no issuance ITPs and dam owners would remain in violation of the 
ESA), and a reasonable range of alternatives that fit within the 
purpose and need as described by NMFS. The purpose of the proposed 
action is to provide a process for authorizing take of Atlantic salmon 
incidental to the removal of dams and the installation and maintenance 
of fish passage improvements for dams not regulated by FERC. The need 
for the proposed action is to provide a mechanism by which 
participating dam owners can comply with section 9 of the ESA, which 
prohibits the take of ESA listed fish, wildlife, or plant species. A 
detailed description of the proposed action and alternatives will be 
included in each of the EAs.
    The alternatives for analysis in the EAs may include, but are not 
limited to, development of individual HCPs for dam owners to receive 
take authorization for Atlantic salmon and development of regional HCPs 
developed by the State of Maine or local agencies (e.g., counties) to 
provide opportunities for dam owners to receive take authorization. The 
EAs will also identify potentially significant impacts on biological 
resources, land use, air quality, cultural resources, water resources, 
socioeconomics, and other resources in the human environment that may 
occur directly, indirectly, and/or cumulatively as a result of 
implementing the proposed action or any of the alternatives. Various 
strategies for avoiding, minimizing, and mitigating the impacts of 
incidental take will be considered.
    We are furnishing this notice in accordance with 40 CFR 1501.7 and 
1508.22 to obtain suggestions and information from other agencies and 
the public on the scope of issues and alternatives they believe need to 
be addressed in the EAs. The primary purpose of the scoping process is 
to identify important issues raised by the public related to the 
proposed action. Written comments from interested parties are requested 
to ensure that the full range of issues related to the proposed action 
is identified. Comments will only be accepted in written form.

Request for Public Comments

    We seek comments concerning: (1) Atlantic salmon proposed for 
inclusion in the proposed GCPs, including information regarding its 
range, distribution, population size and population trends within the 
GOM DPS; (2) relevant data concerning the impacts of the proposed 
actions on Atlantic salmon; (3) any other environmental issues that 
should be considered with regard to the proposed permit action; and (4) 
the information and range of alternatives to be included in the EAs.

Authority

    We provide this notice under section 10(c) of the Act (16 U.S.C. 
1531 et seq.) and NEPA regulations (40 CFR 1506.6).

    Dated: December 13, 2011.
Marta Nammack,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2011-32287 Filed 12-15-11; 8:45 am]
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