Prescription of Fishways Under Section 18 of the Federal Power Act

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The Department of the Interior (DOI) and the Department of Commerce (DOC) (Departments) are considering proposing a rule to harmonize and codify their existing practices for prescribing fishways under section 18 of the Federal Power Act (FPA). A rule on this subject would clarify the process by which the Departments prescribe fishways for non-Federal hydropower projects licensed by the Federal Energy Regulatory Commission (Commission). The Departments anticipate that a fishway prescription rule would provide procedural guidance to agency staff; increase consistency and predictability in the fishway prescription process; and foster understanding between the Departments, license applicants, and the Commission. A rule would also explain how the Departments obtain information from, and coordinate with, license applicants and licensees throughout the prescription process.