Federal Sport Fish Restoration; California Department of Fish and Game Fish Hatchery and Stocking Program, 6058-6060 [2010-2509]
Download as PDF
<![CDATA[
6058
Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Notices
Chevron
Energy Solutions has requested a 516acre right-of-way (ROW) authorization
to construct and operate a 45-megawatt
solar photovoltaic project and connect it
to an existing Southern California
Edison 33 kV distribution system on
public lands located approximately 8
miles east of Lucerne Valley, San
Bernardino County, California.
The proposed project would include a
solar array, switchyard, a control and
maintenance building, and parking area.
The Draft EIS analyzes the site-specific
impacts to the environment from the
proposed project. Alternatives include:
• A no action alternative with a plan
amendment making the project area
unavailable to other solar energy
projects;
• A no action alternative with a plan
amendment making the project area
available to other solar energy projects;
• The proposed action;
• A modified proposed action that
reduces visual and biological impacts;
and
• A reduced footprint/reduced
megawatts modified proposed action.
Pursuant to BLM’s CDCA Plan (1980,
as amended), sites associated with
power generation or transmission not
identified in the CDCA Plan will be
considered through the plan
amendment process.
A Notice of Intent to Prepare an EIS
and CDCA Plan amendment for the
Lucerne Valley Solar Project was
published in the Federal Register on
July 23, 2009. This was followed by a
30-day public scoping period which
ended August 22, 2009. Scoping
meetings were held on July 23, 2009 in
Lucerne Valley, California, and on July
30 in San Bernardino, California.
Numerous public scoping comments
were received.
The main concerns included potential
impacts to biological species, visual
resources, and cultural resources, and
appropriate use of public land. The
issues and concerns identified in the
scoping comments were addressed in
the DEIS.
Please note that public comments will
be available for public review and
disclosure at the above address during
regular business hours (8 a.m. to 4 p.m.),
Monday through Friday, except
holidays.
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
srobinson on DSKHWCL6B1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
VerDate Nov<24>2008
16:26 Feb 04, 2010
Jkt 220001
information from public review, we
cannot guarantee that we will be able to
do so.
Authority: 40 CFR 1506.6; 40 CFR
1506.10; 43 CFR 1610.2.
Thomas Pogacnik,
Deputy State Director, California.
[FR Doc. 2010–2299 Filed 2–4–10; 8:45 am]
BILLING CODE 4310–40–P
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).
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.
PO 00000
Frm 00119
Fmt 4703
Sfmt 4703
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
https://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 bart_prose@fws.gov;
or by fax to (916) 978–6155.
FOR FURTHER INFORMATION CONTACT: Mr.
Bart Prose: (916) 978–6152 (phone);
bart_prose@fws.gov (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 sportfishing 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, lowelevation reservoirs, and various
streams and creeks. The Mad River
E:\FR\FM\05FEN1.SGM
05FEN1
srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Notices
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 sportfishing 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 courtordered 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
VerDate Nov<24>2008
16:26 Feb 04, 2010
Jkt 220001
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
PO 00000
Frm 00120
Fmt 4703
Sfmt 4703
6059
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 redlegged 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
E:\FR\FM\05FEN1.SGM
05FEN1
6060
Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Notices
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
srobinson on DSKHWCL6B1PROD with NOTICES
DEPARTMENT OF THE INTERIOR
Notice of public meeting.
SUMMARY: In accordance with the
Federal Land Policy and Management
Act (FLPMA) and the Federal Advisory
Committee Act of 1972 (FACA), the U.S.
Department of the Interior, Bureau of
Land Management (BLM) Southwest
Colorado Resource Advisory Council
(RAC) will meet in March 2010.
DATES: A Southwest Colorado RAC
meeting will be held March 5, 2010.
The Southwest Colorado
RAC meeting will be held March 5,
2010, at the Devil’s Thumb Golf Course
at 9900 Devil’s Thumb Drive, Delta, CO
81416. The Southwest Colorado RAC
meeting will begin at 9 a.m. and adjourn
at approximately 4 p.m. A public
comment period regarding matters on
the agenda will be at 2:30 p.m.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT: Lori
Armstrong, BLM Southwest District
Manager, 2505 S. Townsend Avenue,
Montrose, CO; telephone 970–240–5300;
or Erin Curtis, Public Affairs Specialist,
2815 H Road, Grand Junction, CO,
telephone 970–244–3097.
The
Southwest Colorado RAC advises the
Secretary of the Interior, through the
Bureau of Land Management, on a
variety of public land issues in
Colorado.
Topics of discussion for all Southwest
Colorado RAC meetings may include
field manager and working group
reports, recreation, fire management,
land use planning, invasive species
management, energy and minerals
management, travel management,
wilderness, land exchange proposals,
cultural resource management, and
other issues as appropriate.
These meetings are open to the
public. The public may present written
comments to the RACs. Each formal
RAC meeting will also have time, as
identified above, allocated for hearing
public comments. Depending on the
number of persons wishing to comment
and time available, the time for
individual oral comments may be
limited.
SUPPLEMENTARY INFORMATION:
Dated: January 22, 2010.
Lori Armstrong,
Southwest District Manager, Designated
Federal Officer, Southwest Colorado RAC.
Bureau of Land Management
[LLCOS00000 L1120 PH]
Notice of Public Meeting, Southwest
Colorado Resource Advisory Council
Meeting
AGENCY:
ACTION:
[FR Doc. 2010–1895 Filed 2–4–10; 8:45 am]
BILLING CODE P
Bureau of Land Management.
VerDate Nov<24>2008
16:26 Feb 04, 2010
Jkt 220001
PO 00000
Frm 00121
Fmt 4703
Sfmt 4703
INTERNATIONAL TRADE
COMMISSION
[USITC SE–10–001]
Government in the Sunshine Act
Meeting Notice
United
States International Trade Commission.
TIME AND DATE: February 12, 2010 at 11
a.m.
PLACE: Room 110, 500 E Street, SW.,
Washington, DC 20436, Telephone:
(202) 205–2000.
STATUS: Open to the public.
MATTERS TO BE CONSIDERED:
1. Agenda for future meetings: none.
2. Minutes.
3. Ratification List.
4. Inv. Nos. 701–TA–474 and 731–
TA–1176 (Preliminary) (Drill Pipe from
China)—briefing and vote. (The
Commission is currently scheduled to
transmit its determinations to the
Secretary of Commerce on or before
February 16, 2010; Commissioners’
opinions are currently scheduled to be
transmitted to the Secretary of
Commerce on or before February 23,
2010.)
5. Outstanding action jackets: None.
In accordance with Commission
policy, subject matter listed above, not
disposed of at the scheduled meeting,
may be carried over to the agenda of the
following meeting.
AGENCY HOLDING THE MEETING:
By order of the Commission.
Issued: February 2, 2010.
William R. Bishop,
Hearings and Meetings Coordinator.
[FR Doc. 2010–2630 Filed 2–3–10; 11:15 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Clean Air Act
Under 28 CFR 50.7, notice is hereby
given that on Thursday, January 21,
2010, a proposed Consent Decree in
United States, et al. v. Lafarge North
America, Inc., et al., Civil Action No.
10–CV–00044, was lodged with the
United States District Court for the
Southern District of Illinois.
In a complaint that was filed
simultaneously with the Consent
Decree, the United States seeks
injunctive relief and penalties against
Lafarge North America, Inc., Lafarge
Midwest, Inc. and Lafarge Building
Materials, Inc. (collectively ‘‘Lafarge
Companies’’), pursuant to Sections
113(b) and 167 of the Clean Air Act
(‘‘the Act’’), 42 U.S.C. 7413(b) and 7477,
E:\FR\FM\05FEN1.SGM
05FEN1
]]>Agencies
[Federal Register Volume 75, Number 24 (Friday, February 5, 2010)]
[Notices]
[Pages 6058-6060]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2509]
-----------------------------------------------------------------------
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).
-----------------------------------------------------------------------
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 https://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 bart_prose@fws.gov; or by fax
to (916) 978-6155.
FOR FURTHER INFORMATION CONTACT: Mr. Bart Prose: (916) 978-6152
(phone); bart_prose@fws.gov (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
