[Federal Register Volume 88, Number 153 (Thursday, August 10, 2023)]
[Notices]
[Pages 54301-54302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17184]



[[Page 54301]]

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD203]


Endangered and Threatened Species; Notice of Intent To Prepare a 
Programmatic Environmental Impact Statement for NOAA's Expenditure of 
Funds To Increase Prey Availability for Southern Resident Killer Whales

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

ACTION: Notice of intent to prepare an environmental impact statement, 
request for comments.

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

SUMMARY: This notice announces an Environmental Impact Statement (EIS) 
will be prepared in accordance with the National Environmental Policy 
Act (NEPA) to analyze the impacts to the environment of alternatives 
related to a funding program addressing species affected by fisheries 
managed under the Pacific Salmon Treaty (PST). NMFS intends to make 
funding decisions related to increasing the availability of prey to 
Southern Resident Killer Whales (SRKWs). This notice is necessary to 
inform the public of NMFS's intent to prepare this EIS and to provide 
the public with an opportunity to provide input for NMFS's 
consideration.

DATES: The NMFS requests comments concerning the scope of the analysis, 
and identification of relevant information, studies, and analyses. All 
comments must be received by 11:59 p.m. Eastern Time on September 25, 
2023.

ADDRESSES: Send written comments to NOAA Fisheries, 2900 NW Stewart 
Parkway, Roseburg, OR 97471. Comments may also be sent via email to 
[email protected]. For further information, please see 
the following website: https://www.fisheries.noaa.gov/action/review-prey-increase-program-southern-resident-killer-whales.
    Instructions: It is important that reviewers provide their comments 
at such times and in such manner that they are useful to the agency's 
preparation of the EIS. Therefore, comments should be provided prior to 
the close of the comment period and should help NMFS identify potential 
alternatives, information, and analyses relevant to the proposed 
action. Comments must be submitted by one of the above methods to 
ensure they 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. 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.

FOR FURTHER INFORMATION CONTACT: Lance Kruzic, NMFS, 541-802-3728, 
[email protected].

SUPPLEMENTARY INFORMATION:

Purpose and Need for the Proposed Action

    The purpose and need of the proposed action is to provide for 
additional prey (food) for the benefit of SRKWs, which are listed as 
endangered under the Endangered Species Act (ESA) consistent with 
applicable laws and treaties.

Preliminary Proposed Action and Alternatives

    The United States and Canada have an agreement for the management 
of Chinook salmon and the fisheries that affect Chinook stocks that is 
part of the PST. This agreement was renewed in 2019 and is currently in 
effect through 2028. In association with the renewed agreement, the 
U.S. section of the Pacific Salmon Commission, the international body 
that implements the PST, agreed to seek Federal funding for activities 
to conserve certain species listed under the ESA that are affected by 
fisheries managed under the PST. Congress has appropriated annual 
funding for these activities in 2020 through 2023. A portion of the 
funding has been awarded to hatchery operators in the Pacific Northwest 
to increase production of Chinook salmon for the purpose of increasing 
prey for SRKWs.
    NMFS is proposing to continue implementation of the funding program 
to increase prey for the benefit of SRKWs. Beginning in 2020, NMFS 
funded the production of additional hatchery Chinook salmon in existing 
hatchery programs in Washington, Oregon, and Idaho. Specific criteria 
were developed to guide these funding decisions to maximize the 
benefits to SRKWs, while mitigating potential adverse effects to salmon 
and steelhead listed under the ESA. NMFS conducted site-specific NEPA 
analyses for each funding decision or otherwise ensured that effects 
from funding specific hatcheries were evaluated within existing NEPA 
analyses. However, in a recent court ruling (Wild Fish Conservancy v. 
Rumsey, W.D. Wash., Order Adopting Report and Recommendation, August 8, 
2022), the court found that NMFS failed to conduct adequate NEPA 
analysis for the adoption of the prey increase program. This EIS 
responds to the court's decision.
    We will also be evaluating the effects of a No Action alternative, 
in which no Federal funding would be used to increase available Chinook 
prey for the benefit of SRKWs. NMFS is also planning to evaluate other 
possibilities. For example, instead of funding additional prey for 
SRKWs in the form of hatchery fish, funding could instead be used to 
improve the productivity of natural-origin salmon through habitat 
restoration/enhancement. Another alternative could reduce fishing 
impacts on select salmon stocks instead of producing additional 
hatchery fish. Through this notice, we are seeking input on these 
potential alternatives to help shape the development of our EIS 
consistent with our purpose and need for the proposed action.

Summary of Expected Impacts

    The EIS will evaluate a range of alternatives, and the effects of 
these alternatives, on the human environment. Key resources to be 
considered include, but are not limited to, SRKWs and other wildlife 
species, salmon and steelhead, socioeconomics, and aquatic habitats. 
Considering a range of alternatives means there is a range of impacts 
to the key resources specified above that would be evaluated in the 
EIS, such as different abundances of hatchery salmon available as prey 
for SRKWs, reduced fishery impacts and corresponding salmon abundances, 
and effects of additional hatchery salmon production on ESA-listed 
salmon and steelhead.

Anticipated Permits and Authorizations

    The following consultations, permits, and/or other authorizations 
may be required as part of NMFS' continued funding to increase the 
availability of prey (food) for SRKWs: ESA Section 7 consultations, ESA 
Section 4(d) authorizations or Section 10 permits, Magnuson-Stevens 
Fishery Conservation and Management Act Essential Fish Habitat 
consultation; and consultation with Indian Tribes.

Schedule for the Decision-Making Process

    The draft environmental impact statement is scheduled to be made 
available for public review in the fall of

[[Page 54302]]

2023, and issuance of the final environmental impact statement is 
scheduled for spring of 2024, with a Record of Decision issued soon 
thereafter.

Public Scoping Process

    This notice of intent initiates the scoping process, which helps 
guide the development of the EIS. NMFS is hosting public webinars for 
informational purposes within the scoping period. Information on the 
webinar dates and times, and instructions for connecting or calling 
into the webinar will be posted at: https://www.fisheries.noaa.gov/action/review-prey-increase-program-southern-resident-killer-whales. 
Accommodations for persons with disabilities are available; 
accommodation requests should be directed to Lance Kruzic (see FOR 
FURTHER INFORMATION CONTACT) at least 10 working days prior to the 
webinar.
    Public comments will not be accepted during the webinars.

Request for Identification of Potential Alternatives, Information, and 
Analyses Relevant to the Proposed Action

    The primary purpose of the scoping process is for the public to 
assist NMFS in developing the EIS. NMFS requests that the comments be 
specific. In particular, we request information regarding: any science 
that would be relevant in this assessment; significant issues; 
identification of impacts of concern; review and input regarding 
monitoring; possible alternatives that meet the purpose and need; 
effects or impacts to the human environment from the proposed action or 
alternatives.

Decision Maker

    Regional Administrator for the West Coast Region, NMFS.

Nature of Decision To Be Made

    If after publication of the Record of Decision, we determine that 
all requirements are met for NMFS' NEPA and ESA responsibilities, we 
may continue to provide funding for the production of additional prey 
for SRKWs.
    Authority: 42 U.S.C. 4321 et seq.; 40 CFR parts 1500-1508; and 
Companion Manual for NOAA Administrative Order 216-6A, 82 FR 4306.

    Dated: August 7, 2023.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2023-17184 Filed 8-9-23; 8:45 am]
BILLING CODE 3510-22-P