Applicable Laws: National Environmental Policy Act (NEPA)
The National Environmental Policy Act (NEPA) requires federal agencies to evaluate, and disclose to the public, the environmental impacts of any major action they are planning. Since National Marine Fisheries Service (NMFS) implements Council management proposals, the Council must meet this environmental impact analysis requirement. Like other agencies, the Council may prepare an environmental impact statement (EIS) or an environmental assessment (EA). An EIS describes different ways the proposal could be implemented and identifies the environmental impacts of these alternatives. This presents the decision-maker with a range of choices along with information about the pros and cons of each choice. EAs are prepared when the environmental impacts of a proposal are thought to be less severe. Like other agencies, the Council prepares EAs more often than EISs.
The Scoping Process
Public involvement is an important requirement of NEPA, especially in determining the appropriate scope of the analysis. The scope includes identifying the range of alternatives that will be considered and potentially significant impacts that should be evaluated in the EIS or EA. This public involvement process (which also includes other state and federal agencies and tribes) is referred to as scoping. NEPA-related scoping is a major component of the public participation opportunities offered by the Council process. The Council will announce a scoping period, during which it accepts written comments and typically holds one or more public meetings to accept oral comments. (Usually these public scoping meetings are part of another Council-sponsored event, such as an advisory body or Council meeting.) Scoping generally occurs early in the process of developing a proposal. Public and agency scoping comments set the stage for the EA or EIS written by Council and NMFS staff. At the end of the scoping period the Council and NMFS may produce a scoping summary, describing the comments received during the scoping period and how they will be considered in the environmental impact analysis.
How to Participate in Scoping
In order to participate effectively in scoping, you should:
- Learn about the proposal. Draft NEPA documents and supporting analyses are usually included in the Council meeting briefing materials for a particular action. Completed EAs and EISs are usually made available on Council or NMFS websites for download. If you are unsure of how to obtain a document contact us. Council staff can direct you to a download page or send you a CD-ROM or paper copy of the document, as appropriate. Another way to learn more is by attending a meeting during which the proposal will be considered.
- Submit written comments. If you can’t attend a scoping meeting, written comments are an effective alternative. The Council accepts written comments by mail: Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220; fax (503-820-2299), and email [pfmc.comments@noaa.gov].
To be influential, comments should be specific and factual. Remember, the purpose of scoping is to define the scope of the analysis; so comments should focus on the range of alternatives, including any recommended alternative; resource or human communities most likely to be affected by the proposal; and the kinds of impacts to the environment that should be evaluated in the EIS or EA. The how to get involved page on this website also offers tips for commenting on Council proposals.
Commenting on a Draft EIS
EISs are a special case when it comes to commenting. Federal regulations require that agencies make a Draft EIS (DEIS) available for public comment, typically for 45 days. The agency must respond to and address any substantive comments they receive during this period in a Final EIS (FEIS), which is published after the comment period ends. In addition to any changes to the EIS in response to comments, the FEIS contains a summary of comments received with an explanation of how they were addressed. The Council often makes earlier drafts of the EIS document available, referred to as “preliminary drafts” or “public hearing documents” to distinguish them from the legally-required DEIS. The Council encourages comments on these documents. Although comments on these versions aren’t summarized in the subsequent DEIS or FEIS, they can influence the content of these later documents.
For Further Information
Contact the Pacific Fishery Management Council’s NEPA Coordinator, Dr. Kit Dahl at phone (503) 820-2280, ext. 422.
