Notice2021-25207
Notice of Intent To Conduct Scoping and To Prepare an Environmental Impact Statement for the Proposed Designation of a National Marine Sanctuary Within Papahānaumokuākea Marine National Monument
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Published
November 19, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The National Oceanic and Atmospheric Administration (NOAA), in cooperation with the U.S. Fish and Wildlife Service (USFWS), the State of Hawai[revaps]i, and the Office of Hawaiian Affairs (OHA), is initiating the process to consider designating marine portions of Papah[amacr]naumoku[amacr]kea Marine National Monument as a national marine sanctuary. Per the requirements of the National Environmental Policy Act (NEPA) and National Marine Sanctuaries Act (NMSA), NOAA will prepare a draft environmental impact statement (DEIS) for the sanctuary designation process to evaluate potential environmental effects of this action. NOAA will also coordinate its responsibility under the National Historic Preservation Act with the NEPA process. NOAA is initiating the public scoping process to invite comments on the scope and significance of issues to be addressed in the environmental impact statement that are related to designating this area as a national marine sanctuary. The results of this scoping process will assist NOAA in moving forward with the designation process, including preparation and release of draft designation documents, and formulating alternatives for the DEIS.
Full Text
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<title>Federal Register, Volume 86 Issue 221 (Friday, November 19, 2021)</title>
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[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Notices]
[Pages 64904-64907]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25207]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Notice of Intent To Conduct Scoping and To Prepare an
Environmental Impact Statement for the Proposed Designation of a
National Marine Sanctuary Within Papah[amacr]naumoku[amacr]kea Marine
National Monument
AGENCY: Office of National Marine Sanctuaries, National Ocean Service,
National Oceanic and Atmospheric Administration, Department of
Commerce.
ACTION: Notice of Intent to prepare a draft environmental impact
statement and hold public scoping meetings; request for comments.
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SUMMARY: The National Oceanic and Atmospheric Administration (NOAA), in
cooperation with the U.S. Fish and Wildlife Service (USFWS), the State
of Hawai[revaps]i, and the Office of Hawaiian Affairs (OHA), is
initiating the process to consider designating marine portions of
Papah[amacr]naumoku[amacr]kea Marine National Monument as a national
marine sanctuary. Per the requirements of the National Environmental
Policy Act (NEPA) and National Marine Sanctuaries Act (NMSA), NOAA will
prepare a draft environmental impact statement (DEIS) for the sanctuary
designation process to evaluate potential environmental effects of this
action. NOAA will also coordinate its responsibility under the National
Historic Preservation Act with the NEPA process. NOAA is initiating the
public scoping process to invite comments on the scope and significance
of issues to be addressed in the environmental impact statement that
are related to designating this area as a national marine sanctuary.
The results of this scoping process will assist NOAA in moving forward
with the designation process, including preparation and release of
draft designation documents, and formulating alternatives for the DEIS.
DATES: Comments must be received by NOAA on or before January 31, 2022.
NOAA will host virtual public scoping meetings and will allow for
comments in both English and Hawaiian ([revaps][Omacr]lelo
Hawai[revaps]i) at the following dates and times:
<bullet> Wednesday, December 8, 2021, 6 p.m. HST
<bullet> Saturday, December 11, 2021, 12 p.m. HST
<bullet> Tuesday, December 14, 2021, 6 p.m. HST
<bullet> Thursday, December 16, 2021, 3 p.m. HST
ADDRESSES: You may submit comments on this notice by any of the
following methods:
Federal e-Rulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and
enter ``NOAA-NOS-2021-0114'' in the Search box. Click on the
``Comment'' icon, complete the required fields, and enter or attach
your comments.
Mail: Send any hard copy public comments by mail to: PMNM-Sanctuary
Designation, NOAA/ONMS, 1845 Wasp Blvd., Bldg 176, Honolulu, HI 96818.
Public Scoping Meetings: Provide oral comments during virtual
public scoping meetings, as described under DATES. Webinar registration
details and additional information about how to participate in these
public scoping meetings is available at <a href="https://sanctuaries.noaa.gov/papahanaumokuakea/">https://sanctuaries.noaa.gov/papahanaumokuakea/</a>.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered. All comments received are a part of the public
record and will generally be posted for public viewing on <a href="https://www.regulations.gov">https://www.regulations.gov</a> without change. All personal identifying
information (for example: name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the commenter will be publicly accessible. NOAA will accept
anonymous comments (enter ``N/A'' in the required fields if you wish to
remain anonymous).
FOR FURTHER INFORMATION CONTACT: Athline Clark, (808) 725-5800,
<a href="/cdn-cgi/l/email-protection#4e0f3a262227202b600d222f3c250e20212f2f60292138"><span class="__cf_email__" data-cfemail="d899acb0b4b1b6bdf69bb4b9aab398b6b7b9b9f6bfb7ae">[email protected]</span></a>, NOAA Superintendent
Papah[amacr]naumoku[amacr]kea Marine National Monument and
[[Page 64905]]
UNESCO World Heritage Site, address: 1845 Wasp Blvd., Bldg 176,
Honolulu, Hawai[revaps]i 96818
SUPPLEMENTARY INFORMATION:
I. Papah[amacr]naumoku[amacr]kea Marine National Monument
Papah[amacr]naumoku[amacr]kea is considered a sacred area, from
which Native Hawaiians believe all life springs, and to which spirits
return to after death. The longest recorded traditional Hawaiian chant,
the Kumulipo (source of deep darkness), is the history of how all life
forms came and evolved from Papah[amacr]naumoku[amacr]kea, beginning
with the coral polyp--the building block for all life. This genealogy
of Papah[amacr]naumoku[amacr]kea tells the story of Native Hawaiians'
ancestral connection with the gods who created those coral polyps, the
Northwestern Hawaiian Islands or K[umacr]puna (respected elders)
Islands, and everything else in the Hawaiian archipelago, including
Native Hawaiians. Throughout the expanse of the Monument, there are
many wahi pana (places of great cultural significance and practice)
where Native Hawaiian cultural practitioners of today reconnect with
their ancestors and gods.
Papah[amacr]naumoku[amacr]kea Marine National Monument is one of
the largest protected areas in the world. The original
Papah[amacr]naumoku[amacr]kea Marine National Monument and the Monument
Expansion Area (collectively ``Papah[amacr]naumoku[amacr]kea'' or
``Monument''), located around the Northwestern Hawaiian Islands, were
established under the Antiquities Act through, respectively,
Presidential Proclamation 8031 of June 15, 2006, as amended by
Proclamation 8112 of February 28, 2007; and Proclamation 9478 of August
26, 2016. In 2006, the President established
Papah[amacr]naumoku[amacr]kea Marine National Monument to protect and
preserve the marine area of the Northwestern Hawaiian Islands and
certain lands as necessary for the care and management of the historic
and scientific objects therein. The Federal land and interests in land
reserved included approximately 139,793 square miles of emergent and
submerged lands and waters of the Northwestern Hawaiian Islands. NOAA
and USFWS promulgated implementing regulations for the original
Papah[amacr]naumoku[amacr]kea Marine National Monument on August 29,
2006 (71 FR 51134, 50 CFR part 404). These regulations codify the scope
and purpose, boundary, definitions, prohibitions and regulated
activities.
In 2016, Proclamation 9478 expanded the Monument into an adjacent
area--the Monument Expansion Area--which includes the waters and
submerged lands to the extent of the seaward limit of the United States
Exclusive Economic Zone (U.S. EEZ) west of 163[deg] West Longitude and
covers an additional 442,781 square miles. Proclamation 9478 also
directed the Secretary of Commerce to consider initiating the process
to designate the Monument Expansion Area and the original
Papah[amacr]naumoku[amacr]kea Marine National Monument seaward of the
Hawaiian Islands National Wildlife Refuge and Midway Atoll National
Wildlife Refuge and Battle of Midway National Memorial as a national
marine sanctuary to supplement and complement existing authorities. The
area has a long history of being considered for national marine
sanctuary designation, beginning with Executive Order 13178 in 2000,
followed by Proclamation 9478 in 2016. Recently, the Senate Committee
on Appropriations directed NOAA to initiate the process to designate
Papah[amacr]naumoku[amacr]kea Marine National Monument as a National
Marine Sanctuary.
The Monument is administered jointly by four Co-Trustees--the
Department of Commerce, the Department of the Interior, the State of
Hawai[revaps]i, and the Office of Hawaiian Affairs. The Monument Co-
Trustees currently operate the Monument guided by a 2008 Monument
Management Plan for Papah[amacr]naumoku[amacr]kea and the Presidential
Proclamations designating the Monument. The Monument Co-Trustees will
update the Monument Management Plan at a later date and will provide
opportunities for public input for a new plan. Any draft sanctuary
management plan would augment the overarching Monument Management Plan.
II. Background on Sanctuary Designation Process
The NMSA authorizes the Secretary of Commerce to designate and
protect as national marine sanctuaries areas of the marine environment
that are of special national significance due to their conservation,
recreational, ecological, historical, scientific, cultural,
archeological, educational, or esthetic qualities. Day-to-day
management of national marine sanctuaries has been delegated by the
Secretary of Commerce to NOAA's Office of National Marine Sanctuaries.
The primary objective of the NMSA is to protect the resources of the
National Marine Sanctuary System, including biological and cultural
resources, such as coral reefs, marine animals, archaeological sites,
historic structures and historic shipwrecks.
III. Purpose and Need for National Marine Sanctuary Designation
The purpose of the designation is to fulfill the purposes and
policies outlined in Section 301(b) of the NMSA, 16 U.S.C. 1431(b),
including to identify and designate as national marine sanctuaries
areas of the marine environment which are of special national
significance, provide authority for comprehensive and coordinated
conservation and management of these marine areas, and to protect the
resources of these areas. Additionally, the purpose of the designation
is to implement the provisions of Executive Order 13178 and
Presidential Proclamation 9478 that direct NOAA to consider initiating
the sanctuary designation process.
The need for designation is to:
<bullet> Develop objectives and actions that ensure lasting
protections consistent with the existing Monument proclamations and
regulations;
<bullet> safeguard natural and cultural values of the marine
environment of the Monument;
<bullet> strengthen the existing interagency management regulations
(50 CFR 404);
<bullet> authorize NOAA to assess civil penalties for violations of
sanctuary regulations or permits and to enforce provisions of the NMSA;
<bullet> prohibit destruction or loss of sanctuary resources and
provide natural resource damage assessment authorities for loss of or
injury to any sanctuary resource;
<bullet> require interagency consultation for any Federal agency
action that is likely to destroy, cause the loss of, or injure any
sanctuary resource;
<bullet> enhance the joint permitting system for activities in the
Monument Expansion Area;
<bullet> augment existing authorities under the Antiquities Act;
Presidential Proclamations 8031, 8112 and 9478; Executive Order 13178;
and 50 CFR 404 to provide additional regulatory and non-regulatory
tools for management and protection of Monument resources.
IV. Preliminary Description of Proposed Action and Alternatives
NOAA's proposed action is to consider designating the marine
portions of the Monument as a national marine sanctuary, following the
designation process in section 304 of the NMSA (16 U.S.C. 1434). As
part of the sanctuary designation process, NOAA will develop
designation materials including a draft sanctuary management plan,
proposed sanctuary regulations, and proposed terms of designation. Each
national marine sanctuary has
[[Page 64906]]
management programs developed with public input and crafted to meet the
specific issues and resources found in that sanctuary.
The NEPA process will include preparation of a DEIS to consider
alternatives and to describe potential effects of the proposed
sanctuary designation on the human environment. The DEIS will evaluate
a reasonable range of action alternatives that could include different
options for management goals or actions, sanctuary regulations, and
potential boundaries. The DEIS will also consider a No Action
Alternative, wherein NOAA would not designate the proposed sanctuary.
Any proposed sanctuary regulations would be separate from, but
supplementary and complementary to, existing Monument regulations and
management provisions from the establishing executive order and
proclamations.
The results of this public scoping process will assist NOAA in
moving forward with the designation process, including preparation and
release of draft documents, and formulating alternatives for the DEIS.
Reasonable alternatives that are identified during the scoping period
will be evaluated in the DEIS.
V. Summary of Expected Impacts of Sanctuary Designation
The DEIS will identify and describe the potential effects of the
proposed action, and reasonable alternatives, on the human environment.
Potential impacts may include, but are not limited to, impacts on the
Monument's:
<bullet> Marine resources, including habitats, plants, birds, sea
turtles, marine mammals, and special status species;
<bullet> cultural and historic resources, including Traditional
Cultural Properties and archaeological sites; and
<bullet> human uses and socioeconomics, including research,
recreation, education, cultural practices, and fishing.
Based on a preliminary evaluation of the resources listed above,
NOAA expects potential impacts of continued or enhanced long-term
protection of the Monument's natural, cultural and historic resources;
improved planning and coordination of research, monitoring, and
management actions; reducing disturbance of special status species;
reducing threats and stressors to Monument resources; and minimal
disturbance during research or restoration actions.
VI. Process for Sanctuary Designation and Environmental Review
NOAA will undertake a process for the designation of a national
marine sanctuary, as outlined below.
1. Public Scoping Process-- Information collection and
characterization, including the consideration of public comments
received during scoping, coordination under section 304(a)(5) with
Western Pacific Regional Fishery Management Council on any necessary
draft fishing regulations for the proposed sanctuary;
2. Preparation of Draft Documents-- Preparation and release of
draft sanctuary designation documents, including: a DEIS, prepared
pursuant to NEPA, a draft sanctuary management plan, and a notice of
proposed rulemaking to define proposed sanctuary boundaries and
regulations. Draft documents would be used to support consultations
with Federal, State, or local agencies, the Office of Hawaiian Affairs,
Native Hawaiian organizations, and other interested parties, as
appropriate;
3. Public Comment--Through public meetings and in writing, allow
for public review and comment on the DEIS, draft sanctuary management
plan, and notice of proposed rulemaking;
4. Preparation of Final Documents-- Preparation and release of a
final environmental impact statement (FEIS), final sanctuary management
plan, and a final rule and sanctuary regulations, including a response
to public comments.
5. The sanctuary designation and regulations would take effect
after the end of a review period of forty-five days of a continuous
session of Congress. During this same period, should the designation
include State waters, the Governor of the State has the opportunity to
concurrently review the terms of designation including boundaries
within State waters.
NEPA Lead and Cooperating Agency Roles
NOAA will serve as the lead Federal agency for the NEPA process for
the proposed action. The USFWS, State of Hawai[revaps]i and OHA shall
serve as cooperating agencies in this process, through agreement with
the lead agency. NOAA may invite other Federal, Tribal, or State and
local government agencies to become cooperating agencies in the
preparation of this EIS. NEPA regulations specify that a cooperating
agency means any Federal agency (and a State, Tribal, or local agency
with agreement of the lead agency) that has jurisdiction by law or
special expertise with respect to any environmental impact involved in
a proposal (or a reasonable alternative) (40 CFR 1508.1(e)).
Schedule for the Decision-Making Process
NOAA expects to make the DEIS and other draft sanctuary designation
documents available to the public in approximately January 2023. NOAA
expects to make the FEIS for sanctuary designation available to the
public in Fall 2023. A Record of Decision and the final sanctuary
management plan and final rule will be completed no sooner than 30 days
after the FEIS is made available to the public, in accordance with 40
CFR 1506.11.
VII. Anticipated Permits, Authorizations, and Consultations
Federal, State, and local permits, authorizations or consultations
may be required for the proposed action, including consultation under
the Endangered Species Act, 16 U.S.C. 1531 et seq.,
Magnuson[hyphen]Stevens Fishery Conservation and Management Act, 16
U.S.C. 1801 et seq., National Historic Preservation Act, 54 U.S.C.
300101 et seq., consistency review under the Coastal Zone Management
Act, 16 U.S.C. 1451 et seq., and possibly reviews under other laws and
regulations determined to be applicable to the proposed action. To the
fullest extent possible, NOAA will prepare the DEIS concurrently with
and integrated with analyses required by other Federal environmental
review requirements, and the DEIS will list all Federal permits,
licenses, and other authorizations that must be obtained in
implementing the proposed action, in accordance with 40 CFR 1502.24.
Consultation Under Section 106 of the National Historic Preservation
Act
This notice confirms that NOAA will coordinate its responsibilities
under section 106 of the National Historic Preservation Act (NHPA)
during the sanctuary designation process and is soliciting public and
stakeholder input to meet section 106 compliance requirements. The
section 106 consultation process specifically applies to any Federal
agency undertaking that may affect historic properties. Pursuant to 36
CFR 800.16(l)(1), historic properties include: ``any prehistoric or
historic district, site, building, structure or object included in, or
eligible for inclusion in, the National Register of Historic Places
maintained by the Secretary of the Interior. The term includes
artifacts, records, and remains that are related to and located within
[[Page 64907]]
such properties. The term includes properties of traditional religious
and cultural importance to an Indian tribe or Native Hawaiian
organization and that meet the National Register criteria.''
The NHPA requires that Federal decision makers consider historic
properties during project planning. Section 106 of the NHPA requires
agencies to take into account the effects of such undertakings they
carry out, assist, fund, or permit on historic properties. NEPA
mandates that Federal agencies assess a proposed Federal action's
environmental impacts, including impacts on historic and cultural
resources. As part of section 106 consultation, it is the agency's
responsibility to provide consulting parties a reasonable opportunity
to identify their concerns about historic properties, advise on the
identification and evaluation of historic properties, including those
of traditional religious and cultural importance, articulate their
views on the undertaking's effects on such properties, and participate
in the resolution of any adverse effects (if identified).
The following parties may have consultative roles in the section
106 process: State historic preservation officer, Native Hawaiian
organizations, the Advisory Council on Historic Preservation,
representatives of local government, and additional consulting parties.
Certain individuals and organizations may also participate as
consulting parties due to the nature of their legal or economic
relation to the undertaking or affected properties, or their concern
with the action's effects on historic properties. As part of this
public scoping process, NOAA seeks public input on potential effects on
historic properties in the area of potential effects (the entire
Monument area). NOAA will invite consulting party participation via
letters of invitation.
VIII. Public Scoping Process
With this notice, NOAA is initiating a public scoping process to
gather input from individuals, organizations, Native Hawaiian
Organizations, and Federal, State, and local agencies on the proposed
sanctuary designation. NOAA intends to use this process to determine
the scope and significant issues to be analyzed in depth in the DEIS,
with consideration of the scoping factors and responsibilities provided
in 40 CFR 1501.9. NOAA specifically request comments on the following
topics, including the identification of potential alternatives,
information, and analyses relevant to the proposed action:
<bullet> The proposed designation of marine waters of the Monument
as a national marine sanctuary, including the spatial extent of the
proposed sanctuary and boundary alternatives NOAA should consider;
<bullet> the location, nature, and value of resources that would be
protected by a sanctuary;
<bullet> management measures for the sanctuary and any additional
regulations that should be added under the NMSA authority to protect
Monument resources;
<bullet> the potential socioeconomic, cultural, and biological
impacts of sanctuary designation;
<bullet> information regarding historic properties in the entire
Monument area and the potential effects to those historic properties to
support National Historic Preservation Act compliance under section
106; and
<bullet> other information relevant to the designation and
management of a national marine sanctuary.
Comments may be submitted to NOAA by January 31, 2022 using the
methods described above in ADDRESSES. NOAA will host public scoping
meetings during the public comment period, as described above under
DATES.
Authority: 16 U.S.C. 1431 et seq.; 42 U.S.C. 4321 et seq.; 40 CFR
1500-1508 (NEPA Implementing Regulations); Companion Manual for NOAA
Administrative Order 216-6A;
John Armor,
Director, Office of National Marine Sanctuaries, National Ocean
Service, National Oceanic and Atmospheric Administration.
[FR Doc. 2021-25207 Filed 11-18-21; 8:45 am]
BILLING CODE 3510-NK-P
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