Environmental Impact Statement for the Issuance of an Incidental Take Statement Under the Endangered Species Act for Salmon Fisheries in Southeast Alaska Subject to the 2019 Pacific Salmon Treaty Agreement and Funding to the State of Alaska

NOAA Fisheries announces the publication of Final Environmental Impact Statement for the issuance of an Incidental Take Statement for salmon fisheries in Southeast Alaska subject to the 2019 Pacific Salmon Treaty Agreement. The DEIS also addresses the funding to the State of Alaska to implement the 2019 PST Agreement.

The Pacific Salmon Treaty provides a management framework for salmon fisheries in the United States and Canada, including salmon fisheries that occur in the ocean and inland waters and rivers flowing into these waters. Fisheries in federal and state waters off Southeast Alaska are managed consistent with the 2019 PST Agreement.

Compliance with the incidental take statement, if issued, would exempt participants in the Southeast Alaska salmon fisheries from the Endangered Species Act’s prohibition on take of threatened and endangered species.

Background

In 2019, NOAA issued an Endangered Species Act Biological Opinion on two federal actions related to the Southeast Alaska salmon fisheries:

1. Delegation of management authority over salmon fisheries in the exclusive economic zone in Southeast Alaska to the State of Alaska under the Fishery Management Plan for the Salmon Fisheries in the EEZ off Alaska.
2. Federal funding through grants to the State of Alaska for the State’s management of commercial and sport salmon fisheries and transboundary river enhancement necessary to implementation of the 2019 PST Agreement.

The biological opinion included issuance of an incidental take statement that exempted take of listed species by Southeast Alaska salmon fisheries in compliance with the terms and conditions in the incidental take statement.

As the result of a lawsuit on the biological opinion, Wild Fish Conservancy v. Quan, the court found that the agency failed to conduct a National Environmental Policy Act analysis for the incidental take statement.

NOAA Fisheries initiated this EIS to address the court’s finding. A draft EIS was published in January 2024 inviting public comments on its contents. This Final EIS includes summaries of the substantive comments received on the DEIS and NMFS’s responses to those comments.  No major changes to the FEIS were made in response to those comments.  The comments, responses, and minor changes, made to improve clarity of the document, are detailed in Chapter 9 of the FEIS.

The FEIS analyzes the effects of a reasonable range of alternatives for the proposed issuance of a new incidental take statement. The alternatives also consider proposed funding to the State of Alaska for its management of commercial and sport salmon fisheries and transboundary river enhancement subject to the 2019 PST Agreement. 

This EIS analyzes impacts of three alternatives:

1. Alternative 1: Status quo — NOAA Fisheries assumes that no litigation occurred and therefore the incidental take statement from the 2019 biological opinion remains valid, and funding through grants to the State of Alaska continues
2. Alternative 2: NOAA Fisheries issues a new biological opinion and incidental take statement, and NOAA Fisheries continues to disburse funds through grants to the State of Alaska 
3. Alternative 3: No new incidental take statement is issued and funding to the State of Alaska is discontinued

The proposed action is Alternative 2, the issuance of a new biological opinion and incidental take statement, which is responsive to the court’s order, and continuation of funding to the State to implement the 2019 PST Agreement.

A Record of Decision for this action is expected to be signed by the NOAA Fisheries Alaska Regional Administrator no less than 30 days after the publication of the FEIS.  Upon signing, a link to the signed document will be posted on this page.

NOAA Fisheries is conducting a new section 7 consultation on the federal actions related to the Southeast Alaska salmon fisheries in order to address the deficiencies identified by the court. At the conclusion of consultation, NOAA Fisheries would issue a new biological opinion and incidental take statement if we conclude that the actions, and any associated incidental take, were not likely to jeopardize the continued existence of any of the ESA-listed species and were not likely to destroy or adversely modify designated critical habitat. A new biological opinion is expected to be completed by summer 2024. If an incidental take statement is issued, the incidental take statement would go into effect upon signing of the new biological opinion by the NOAA Fisheries Official.

The court also concluded that NOAA Fisheries violated the National Environmental Protection Act by funding the prey increase program without preparing a NEPA analysis. NOAA Fisheries prepared a programmatic EIS to address funding the prey increase program. The Prey Increase Program for Southern Resident Killer Whales page has more information on that project.