[Federal Register Volume 74, Number 47 (Thursday, March 12, 2009)]
[Notices]
[Pages 10724-10725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5383]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XN86


Notice of Decision to Expand Scope of the Environmental Impact 
Statement Analyzing Mitchell Act Funding and Operation of Columbia 
River Hatcheries

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

ACTION: Notice; request for comments.

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SUMMARY: The National Marine Fisheries Service (NMFS) announces its 
decision to expand the scope of the Mitchell Act Hatchery Environmental 
Impact Statement (EIS) to include analysis of the environmental effects 
of hatchery programs in a way that will inform future NMFS decisions 
about Endangered Species Act compliance for all Columbia River hatchery 
programs. Our previous notice of intent to prepare an EIS on the 
funding and operation of Columbia River hatcheries under the Mitchell 
Act was published on September 3, 2004. We are opening a 30-day comment 
period on our decision to expand the scope.

DATES: Written or electronic comments from all interested parties are 
encouraged and must be received no later than 5 p.m. Pacific Standard 
Time April 13, 2009.

ADDRESSES: All comments concerning the preparation of the EIS and NEPA 
process should be addressed to: Patty Dornbusch, NMFS, 1201 N.E. Lloyd 
Blvd., Suite 1100, Portland, OR 97232. Comments may also be submitted 
via fax (503) 872-2737 Attn: Mitchell Act Hatchery EIS, or by 
electronic mail to <a href="/cdn-cgi/l/email-protection#44092d30272c212828052730010d176a2a3336042a2b25256a232b32"><span class="__cf_email__" data-cfemail="14597d60777c717878557760515d473a7a6366547a7b75753a737b62">[email protected]</span></a> with a subject line 
containing the document identifier: ``Mitchell Act Hatchery EIS.''

FOR FURTHER INFORMATION CONTACT: Contact Patty Dornbusch, NMFS 
Northwest Region, (503) 230-5430.

SUPPLEMENTARY INFORMATION:

Background

    On September 3, 2004 (69 FR 53892), NMFS announced its intent to 
prepare

[[Page 10725]]

an EIS pursuant to the National Environmental Policy Act (NEPA) (42 
U.S.C. 4321 et seq.) and to conduct public scoping related to the 
allocation and distribution of Mitchell Act funds for Columbia River 
hatchery operations. A 90-day public comment period to seek input on 
the scope of the required NEPA analysis, including the range of 
reasonable alternatives and the associated impacts on resources, was 
open from September 3, 2004, to December 2, 2004.
    During the original scoping process, it became clear that the 
interrelationship between hatchery production funded under the Mitchell 
Act and other hatchery production in the Columbia River basin would 
need to be considered. Not all hatchery programs in the Columbia River 
basin are funded under the Mitchell Act; however, decisions about 
salmon and steelhead produced with Mitchell Act funds (e.g., the 
populations chosen for artificial production, the size of those 
production programs, location) are coordinated and interrelated with 
decisions about the remainder of natural and artificial production in 
the Columbia River basin (i.e., non-Mitchell Act-funded production). 
Because of this interrelationship, NMFS determined that the EIS must 
assess artificial production throughout the entire basin, regardless of 
the hatchery funding source, in order to properly assess all 
environmental effects that occur in the basin related to hatchery 
production. Consequently, NMFS anticipates using information generated 
by this EIS to inform its determinations under Endangered Species Act 
(ESA) sections 4(d), 7, 10(a)(1)(A), and 10(a)(1)(B) for both Mitchell 
Act and non-Mitchell Act hatchery programs. This EIS will not result in 
decisions on ESA compliance. Should hatchery managers propose to 
operate non-Mitchell Act-funded facilities in a manner that is within 
the scope of the environmental review in this EIS, NMFS' future ESA 
determinations on those production programs may be informed by the 
analysis within this EIS. While the expanded scope will analyze non-
Mitchell Act-funded programs to inform ESA decisions, the Record of 
Decision for this EIS will not address decisions on ESA compliance. 
Further, NMFS believes that conducting a broad review of the 
environmental effects from all Columbia River basin hatchery programs 
will provide a comprehensive approach to analyzing cumulative effects 
within the basin as a result of Mitchell Act funding.

Request for Comments

    NMFS solicits written comments from the public. We request that the 
comments be as specific as possible with regard to our expansion of the 
scope of the EIS to include informing NMFS' future ESA determinations 
on non-Mitchell Act programs. All comments and materials received, 
including names and addresses, will become part of the administrative 
record and may be released to the public. The environmental review of 
this project will be conducted in accordance with the requirements of 
the National Environmental Policy Act of 1969, as amended, Council on 
Environmental Quality Regulations (40 CFR 1500-1508), other applicable 
Federal laws and regulations, and applicable policies and procedures. 
This notice is being furnished in accordance with 40 CFR 1501.7 of NEPA 
to obtain suggestions and information from other agencies and the 
public on the scope of issues and alternatives to be addressed in the 
EIS.

    Dated: March 6, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-5383 Filed 3-11-09; 8:45 am]
BILLING CODE 3510-22-S


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