[Federal Register: January 5, 2004 (Volume 69, Number 2)]
[Notices]
[Page 330-332]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ja04-45]
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DEPARTMENT OF DEFENSE
Department of the Army; Corps of Engineers
Intent [To Prepare a Programmatic Environmental Impact Statement]
for a Proposed Introduction of the Oyster Species, Crassostrea
Ariakensis, Into the Tidal Waters of Maryland and Virginia To Establish
a Naturalized, Reproducing, and Self-Sustaining Population of This
Oyster Species
AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD.
ACTION: Notice of intent.
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SUMMARY: The U.S. Army Corps of Engineers (Corps) is the lead Federal
agency. The Virginia Marine Resources Commission (VMRC) on behalf of
the Commonwealth of Virginia and the Maryland Department of Natural
Resources (MDNR) on behalf of the State of Maryland are the lead state
agencies (States). The lead agencies, in cooperation with the U.S.
Environmental Protection Agency (EPA), the National Oceanographic and
Atmospheric Administration (NOAA), and the U.S. Fish and Wildlife
Service (FWS), announce their intent to prepare a programmatic
Environmental Impact Statement (EIS) to evaluate alternative approaches
to increasing oyster populations into the tidal waters of Maryland and
Virginia (Chesapeake and coastal bays) to provide the following
benefits. The benefits of a rehabilitated oyster resource include the
potential for improved water quality, creation of aquatic habitat, and
the re-establishment of an economically viable oyster industry
preserving the region's culture associated with working waterman.
The proposed action to be evaluated in the EIS will be a proposal
by the states to introduce the Asian oyster species, Crassostrea
ariakensis, propagated from existing 3rd or later generation of the
Oregon stock of this species, into the tidal waters of Maryland and
Virginia to increase oyster populations. The States and the Corps will
continue native oyster (C. virginica) restoration efforts throughout
the Chesapeake Bay.
DATES: MEETINGS: Public scoping meetings will be held January 26, 2004,
7 p.m. at MD DNR, Tawes Building, Annapolis, MD 21401 and January 28,
2004 at 6 p.m. at the VMRC, 2600 Washington Avenue, Newport News, VA.
COMMENTS: Submit comments by February 20, 2004.
ADDRESSES: Written comments on the scope of the programmatic EIS or
request for information should be sent to Mr. Peter Kube at the U.S.
Army Corps of Engineers, Regulatory Branch, 803 Front Street, Norfolk,
VA 23510 or sent via e-mail at peter.r.kube@usace.army.mil.
FOR FURTHER INFORMATION CONTACT: Questions about the proposed action
and Draft EIS can be answered by Mr. Peter Kube at the Corps, (757)
441-7504, Mr. Thomas O'Connell, Fisheries Service, MDNR, 410-260-8261,
or Mr. Jack Travelstead, VMRC, (757) 247-2247.
SUPPLEMENTARY INFORMATION:
Proposed Action
The State of Maryland and Commonwealth of Virginia propose to
introduce the oyster species, Crassostrea ariakensis, into the tidal
waters of Maryland and Virginia, beginning in 2005 or as soon as a
rigorous, scientifically based EIS can be undertaken and a Record of
Decision prepared, for the purpose of establishing a naturalized,
reproducing, and self-sustaining population of this oyster species.
Diploid C. ariakensis would be propagated from existing 3rd or later
generation of the Oregon stock of this species, in accordance with the
[[Page 331]]
International Council for the Exploration of the Sea's (ICES) 1994 Code
of Practices on the Introductions and Transfers of Marine Organisms.
Deployment of diploid C. ariakensis from hatcheries is proposed to
occur first on State designated sanctuaries separate from native oyster
restoration projects, where harvesting would be prohibited permanently,
and then on harvest reserve and special management areas where only
selective harvesting would be allowed.
The States further propose to continue native oyster (C. virginica)
restoration efforts with the Corps throughout the Chesapeake Bay by
using the best available restoration strategies and stock assessment
techniques, including the maintenance and expansion of the existing
network of sanctuaries and harvest reserves, enhancing reproduction
through broodstock enhancement, and supplementing natural recruitment
of this species with hatchery produced spat.
The objective of this proposal and continuing restoration of native
populations is to establish a self-sustaining oyster population that
reaches a level of abundance in Chesapeake Bay that would support
sustainable harvests comparable to harvest levels during the period
1920-1970. The benefits of a rehabilitated oyster population may
include: Improving water clarity by filtering phytoplankton, suspended
solids and organic particles from the water, providing important reef
habitat for oysters, finfish, crabs and a diversity of other species;
enhancing essential fish habitat, rehabilitating an oyster population
capable of supporting an economically viable oyster industry, and
preserving the Chesapeake Bay's communities and culture associated with
working waterman.
Purpose and Need
Oysters are a keystone species in the Bay ecosystem. Oyster
management in Chesapeake Bay has failed to prevent native oyster
populations from declining to less than one percent of their historic
levels in the face of harvest pressures, habitat loss and the two
parasites MSX and Dermo. A need exists to restore the ecological role
of oysters in the Bay and the economic benefits of a commercial fishery
through native oyster restoration and/or an ecologically compatible
non-native oyster species that would restore these lost functions.
Introduction of C. ariakensis would only be attempted if it is
determined that the benefits of the introduction would outweigh
negative impacts, giving consideration to effects on the ecology of the
Bay, potential for introduction of new diseases or parasites,
restoration of native oysters, potential for C. ariakensis to become
self-sustaining, and alternatives to the proposed action.
Preliminary Alternatives to the Proposed Action
It is anticipated that the following alternatives to the proposed
action will be evaluated in the EIS:
Alternative 1--No Action--Not taking the proposed action: Continue
Maryland's present Oyster Restoration and Repletion Programs, and
Virginia's Oyster Restoration Program under current program and
resource management policies and available funding using the best
available restoration strategies and stock assessment techniques.
Alternative 2--Expand native Oyster Restoration Program: Expand,
improve, and accelerate Maryland's Oyster Restoration and Repletion
Programs, and Virginia's Oyster Restoration Program in collaboration
with Federal and private partners. This work would include, but not be
limited to an assessment of clutch limitations and long-term solutions
for this problem and the development, production, and deployment of
large quantities of disease resistant strain(s) of C. Virginia (Eastern
Oyster) for broodstock enhancement.
Alternative 3--Harvest Moratorium: Implement a temporary harvest
moratorium on native oysters and an oyster industry compensation (buy-
out) program in Maryland and Virginia or a program under which
displaced oystermen are offered on-water work in a restoration program.
Alternative 4--Aquaculture: Establish and/or expand State-assisted,
managed or regulated aquaculture operations in Maryland and Virginia
using the native oyster species.
Alternative 5--Aquaculture: Establish State-assisted, managed or
regulated aquaculture operations in Maryland and Virginia using
suitable triploid, non-native oyster species.
Alternative 6--Introduce and Propagate and Alternative Oyster
Species (Other than C. ariakensis) or an Alternative Strain of C.
ariakensis: Introduce and propagate in the State-sponsored, managed or
regulated oyster restoration programs in Maryland and Virginia, a
disease resistant oyster species other than C. ariakensis, or an
alternative strain of C. ariakensis, from waters outside the U.S. in
accordance with the ICES 1994 Code of Practices on the Introductions
and Transfers of Marine Organisms.
Alternative 7--Combination of Alternatives
Programmatic EIS Process
Scoping Process
The programmatic EIS process begins with the publication of this
notice of intent. This public notice establishes the beginning of the
scoping period. The scoping period will continue for 3 weeks after the
last public scoping meeting.
The lead and cooperating agencies will conduct an open scoping and
public involvement process during the development of the programmatic
EIS. The scoping process is the key to preparing a concise EIS an
clarifying the significant issues to be analyzed in depth. Public
concerns on issues, studies needed, alternatives to be examined,
procedures and other related matters would be addressed during scoping.
The purpose of the scoping meetings is to assist the Corps, MDNR, VMRC,
NOAA, EPA, and FWS representatives in defining the issues that will be
evaluated in the EIS.
The lead agencies invite Federal agencies, State and local
governments, Native American Tribes and the public to comment on the
scope of this programmatic EIS. The lead agencies will hold scoping
meetings to receive public input on the alternatives to the proposed
action and the range of issues to be addressed in the programmatic EIS.
Written scoping comments will be considered in the preparation of the
draft programmatic EIS (see DATES). Comments postmarked or received by
e-mail after specified date will be considered to the extent
practicable.
Two public scoping meetings will be held at the locations indicated
above (see DATES). Further information will be published in local
newspapers in advance of the meetings. Any necessary changes will be
announced in the local media.
Each public scoping meeting will begin with a briefing on the state
of C. virginica in the Chesapeake Bay and its tributaries, the status
of restoration efforts, preliminary programmatic EIS alternatives, and
the proposed action of the programmatic EIS. Copies of the meeting
handouts will be available to anyone unable to attend by contacting
MDNR or VMRC as described above under ADDRESSES. Following the initial
presentation, MDNR, VMRC, and Corps representatives will answer scope-
related questions and accept comments.
EIS Preparation
Development of the draft programmatic EIS will begin after the
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close of the public scoping period. Technical and advisory support will
be obtained from lead and cooperating agencies and organizations.
Preparation of the programmatic EIS will also be supported by
concurrent research sponsored by the MDNR and NOAA and by others.
A scientific advisory panel will advise on the research that is
essential for the EIS, appropriate analytical methods for use of
existing data, quality assurance for data, analytical results to be
used in the EIS, and comment on the general sufficiency of the
scientific research used in the EIS.
Schedule
Subject to the availability of funds, the existing schedule
anticipates an expedited process to produce a programmatic EIS leading
to a record of decision. The draft programmatic EIS is expected to be
available for public review in the spring of 2005 or as quickly as a
rigorous, scientifically based EIS can be produced. Public meetings may
be held following the notice of availability of the draft programmatic
EIS. Following the Record of Decision (ROD) of the Programmatic EIS,
site-specific deployment of non-native oysters may be subject to
regulatory requirements of the Rivers and Harbors Act and the Clean
Water Act, National Environmental p act NEPA.
Issues To Be Addressed
The following issues have been identified for analysis in the
programmatic EIS. The list is tentative and intended to facilitate
public comment on the scope of the programmatic EIS. The lead agencies
specifically invite suggestions for the addition or deletion of items
on this list:
(1) Pathogen disease and virus risk analysis associated with
introduction of a non-native oyster;
(2) Life history and biology of Crassostrea ariakensis;
(3) Socioeconomic effects toward commercial and recreational
activities in the Chesapeake Bay;
(4) Production of a comprehensive risk assessment and oyster
growth, mortality and demographic model;
(5) Development of a model to determine the specific locations and
scenarios and the outcome of introduction in these specific locations;
(6) Development of management practices for an introduction of a
non-native species and study of the habitat requirements of the Asian
oyster;
(7) Other appropriate studies identified by the National Academy of
Sciences in its report Non-Native Oysters in the Chesapeake Bay (NRC,
2003);
(8) Development of a model for the expansion, improvement and
acceleration of oyster restoration programs in Maryland and Virginia,
including locations, scenarios and outcomes of expansions in specific
locations.
(9) Development of management practices for implementation of
expanded, improved and accelerated oyster restoration programs in
Maryland and Virginia, and;
(10) Any other issues identified as part of the public scoping
process.
Other Environmental Review and Consultations
To the fullest extent possible, the programmatic EIS will be
integrated with analysis and consultation required by the Endangered
Species Act of 1973, as amended (Pub. L. 93-205; 16 U.S.C. 1532 et
seq.); the Magnuson-Stevens Fishery Conservation and Management Act, as
amended (Pub. L. 94-265; 16 U.S.C. 1801, et seq.), the National
Historic Preservation Act of 1966, as amended (Pub. L. 89-655; 16
U.S.C. 470. et seq.); the Fish and Wildlife Coordination Act of 1958,
as amended (Pub. L. 85-624; 16 U.S.C., et seq.); the Coastal Zone
Management Act of 1972, as amended (Pub. L. 92-583; 16 U.S.C. 1451, et
seq.); and the Clean Water Act of 1977, as amended (Pub. L. 92-500; 33
U.S.C. 1251, et seq.); Section 10 of the Rivers and Harbors Act of
1899, 33 U.S.C. 403 et seq.); Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990, as amended (16 U.S.C. 4701 et seq.); Lacey
Act, as amended (18 U.S.C. 42), The 1993 Chesapeake Bay Policy for the
Introduction of Non-Indigenous Aquatic Species and applicable and
appropriate Executive Orders.
Yvonne J. Prettyman-Beck,
Colonel, Corps of Engineers Commanding.
[FR Doc. 04-73 Filed 1-2-04; 8:45 am]