[Federal Register Volume 85, Number 39 (Thursday, February 27, 2020)]
[Notices]
[Pages 11347-11348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04044]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-BI58
Draft Supplemental Environmental Impact Statement
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of intent to prepare.
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SUMMARY: Pursuant to the National Environmental Policy Act (NEPA), this
notice announces that NMFS is preparing a Draft Supplemental
Environmental Impact Statement (DSEIS) to supplement information in the
2015 Draft Environmental Impact Statement (DEIS) on the Makah Tribe
Request to Hunt Gray Whales, which was prepared in response to the
Makah Indian Tribe's request that NMFS authorize a limited ceremonial
and subsistence hunt of eastern North Pacific (ENP) gray whales in the
Makah Tribe's usual and accustomed (U&A) fishing grounds off the coast
of Washington State.
DATES: Because NMFS has previously requested (80 FR 13373, March 13,
2015; 80 FR 30676, May 29, 2015) and received information from the
public on issues addressed in the DEIS, and because the Council on
Environmental Quality (CEQ) regulations for implementing the NEPA do
not require additional scoping for this DSEIS process (40 CFR
1502.9(c)(4)), NMFS is not asking for further public scoping
information and comment at this time. Upon release of the DSEIS, NMFS
will provide a 45-day public review/comment period.
ADDRESSES: The DEIS is available in electronic form on the internet at
the following address: https://www.fisheries.noaa.gov/west-coast/makah-tribal-whale-hunt. The DEIS also may be viewed at various libraries
identified at this internet address or at the following NMFS offices:
(1) NMFS Protected Resources Division, 1201 NE Lloyd Blvd., Suite
1100, Portland, OR 97232. Contact Steve Stone at 503-231-2317; and
(2) NMFS, Protected Resources Division, 7600 Sand Point Way NE,
Building 1, Seattle, WA 98115-6349. Contact Lesley Kilp at 206-526-
6150.
FOR FURTHER INFORMATION CONTACT: Grace Ferrara, NMFS Protected
Resources Division, by email at [email protected] or by phone at
206-526-6172.
SUPPLEMENTARY INFORMATION:
Background
On February 14, 2005, the Makah Indian Tribe submitted to NMFS a
request to resume treaty-based hunting of eastern North Pacific (ENP)
gray whales in the coastal portion of the Tribe's usual and accustomed
fishing grounds (U&A). The Tribe's request stems from the 1855 Treaty
of Neah Bay, which expressly secures the Makah Tribe's right to hunt
whales. To exercise
[[Page 11348]]
that right, the Makah Tribe is seeking authorization from NMFS under
the Marine Mammal Protection Act (MMPA) and Whaling Convention Act. The
MMPA imposes a general moratorium on the taking of marine mammals but
authorizes the Secretary of Commerce to waive the moratorium and issue
regulations governing the take of marine mammals if certain statutory
criteria are met. The decision to waive the moratorium and issue
regulations must be made on the record after an opportunity for an
agency hearing on both the waiver and regulations (16 U.S.C. 1373(d)).
On May 9, 2008, NMFS released a DEIS but later terminated that DEIS
in 2012 (77 FR 29967, May 21, 2012) because of new scientific
information. In that 2012 notice the agency announced its intent to
prepare a new DEIS and open a scoping process (77 FR 29967, May 21,
2012). On March 13, 2015, NMFS released a new DEIS (80 FR 13373) for
public comment that included a no-action alternative and five action
alternatives. On April 5, 2019, NMFS published a proposed rule (84 FR
13604) and notice of hearing (84 FR 13639) to issue a waiver under the
MMPA and propose regulations governing the hunting of ENP gray whales
by the Makah Tribe for a 10-year period. The hunt proposal as set forth
in the proposed rule represents a composite alternative that combines
certain elements from the five DEIS action alternatives.
As required under the MMPA, NMFS convened a hearing before an
Administrative Law Judge regarding the proposed waiver and regulations
(16 U.S.C. 1373(d)). The hearing took place from November 14, 2019
through November 21, 2019 in Seattle, Washington. In addition to NMFS,
five parties participated at the hearing. Following the hearing, the
Administrative Law Judge will issue a recommended decision regarding
the proposed waiver and regulations, NMFS will provide notice of a 20-
day public comment period, and then the NMFS Assistant Administrator
will make a final decision on the proposed regulations and waiver in
accordance with the regulations at 50 CFR part 228.
NEPA regulations at 40 CFR 1502.9 provide for supplementing a DEIS
if the agency determines that there are significant new circumstances
or information relevant to environmental concerns and bearing on the
proposed action or its impacts. An agency may also prepare a supplement
when it determines that the purposes of NEPA will be furthered by doing
so. A new issue of fact that occurred after issuance of the 2015 DEIS
but was addressed at the agency hearing is the Unusual Mortality Event
(UME) for ENP gray whales declared by NMFS in May 2019 (see information
posted https://www.fisheries.noaa.gov/national/marine-life-distress/2019-gray-whale-unusual-mortality-event-along-west-coast). Because
information concerning the ongoing 2019 UME was presented at the agency
hearing but not expressly addressed in the 2015 DEIS, NMFS has
determined that it would now benefit both the public and agency
decision making to prepare a supplement to the DEIS. NMFS expects that
the supplement will incorporate the information presented at the
hearing regarding the 2019 UME and any additional relevant information
and will take into consideration the Administrative Law Judge's
recommended decision. NMFS also intends to expressly identify the hunt
proposal, as described in the proposed rule and addressed at the agency
hearing, as a separate action alternative in the supplement.
Previously, NMFS determined that because the hunt proposal comprises
elements and outcomes within the scope of the DEIS action alternatives
and does not substantially change the proposed action in a manner
relevant to environmental concerns, a supplement to the DEIS was not
warranted based on the consideration of the composite alternative
alone. Given our determination that NEPA's purposes would be furthered
through a DSEIS addressing the 2019 UME, we will also separately
evaluate the composite alternative/hunt proposal in the DEIS.
Authority
The environmental review of the Makah Tribe's request to resume
treaty-based hunting of ENP gray whales will be conducted under the
authority and in accordance with the requirements of the NEPA of 1969
as amended (42 U.S.C. 4321 et seq.), Council on Environmental Quality
Regulations (40 CFR parts 1500-1508), the MMPA (16 U.S.C. 1361-1421h),
other applicable Federal laws and regulations, and policies and
procedures of NMFS for compliance with those regulations.
Dated: February 24, 2020.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2020-04044 Filed 2-26-20; 8:45 am]
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