Notice2022-12234
Notice of Intent To Conduct Scoping and To Prepare a Draft Environmental Impact Statement for the Proposed Hudson Canyon National Marine Sanctuary
Primary source
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Published
June 8, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In accordance with the National Marine Sanctuaries Act (NMSA) and National Environmental Policy Act (NEPA), the National Oceanic and Atmospheric Administration (NOAA) is initiating a scoping process to consider designating a national marine sanctuary in the Hudson Canyon area approximately 100 miles offshore southeast of New York City. NOAA is initiating this scoping process based on the area's diverse qualities, which are described in the Wildlife Conservation Society's (WCS's) November 2016 Hudson Canyon national marine sanctuary nomination. Specifically, WCS's nomination provides important context and background regarding the natural and cultural resources in the region, the potential benefits of national marine sanctuary designation, recommendations for management of the sanctuary, and a proposed sanctuary boundary, which NOAA will take under consideration, but does not represent an official boundary proposal at this time. As a first step in this scoping process, NOAA invites comments on the factors that will contribute to its determination of whether to designate the area as a national marine sanctuary; designation would include preparation and release of a draft environmental impact statement (including national marine sanctuary boundary alternatives), proposed regulations, and a draft management plan. This scoping process will also inform the initiation of any consultations with Federal, State, or local agencies, Tribes, and other interested parties, as appropriate. In support of the scoping process, the nomination package and additional information regarding the qualities of the Hudson Canyon area can be found at https://sanctuaries.cnoaa.gov/hudson-canyon/.
Full Text
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<title>Federal Register, Volume 87 Issue 110 (Wednesday, June 8, 2022)</title>
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[Federal Register Volume 87, Number 110 (Wednesday, June 8, 2022)]
[Notices]
[Pages 34853-34856]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12234]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Notice of Intent To Conduct Scoping and To Prepare a Draft
Environmental Impact Statement for the Proposed Hudson Canyon National
Marine Sanctuary
AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Notice of intent to hold public scoping meetings and prepare a
draft environmental impact statement; request for comments.
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SUMMARY: In accordance with the National Marine Sanctuaries Act (NMSA)
and National Environmental Policy Act (NEPA), the National Oceanic and
Atmospheric Administration (NOAA) is initiating a scoping process to
consider designating a national marine sanctuary in the Hudson Canyon
area approximately 100 miles offshore southeast of New York City. NOAA
is initiating this scoping process based on the area's diverse
qualities, which are described in the Wildlife Conservation Society's
(WCS's) November 2016 Hudson Canyon national marine sanctuary
nomination. Specifically, WCS's nomination provides important context
and background regarding the natural and cultural resources in the
region, the potential benefits of national marine sanctuary
designation, recommendations for management of the sanctuary, and a
proposed sanctuary boundary, which NOAA will take under consideration,
but does not represent an official boundary proposal at this time. As a
first step in this scoping process, NOAA invites comments on the
factors that will contribute to its determination of whether to
designate the area as a national marine sanctuary; designation would
include preparation and release of a draft environmental impact
statement (including national marine sanctuary boundary alternatives),
proposed regulations, and a draft management plan. This scoping process
will also inform the initiation of any consultations with Federal,
State, or local agencies, Tribes, and other interested parties, as
appropriate. In support of the scoping process, the nomination package
and additional information regarding the qualities of the Hudson Canyon
area can be found at <a href="https://sanctuaries.cnoaa.gov/hudson-canyon/">https://sanctuaries.cnoaa.gov/hudson-canyon/</a>.
DATES:
Comments due: August 8, 2022.
Public Meetings: NOAA will host four public meetings during the
scoping process, two virtual and two in-person. The virtual public
scoping meetings will occur at the following dates and times:
<bullet> Thursday, June 23, 2022, 3:00 p.m. to 5:00 p.m. Eastern
Time.
<bullet> Wednesday, August 3, 2022, 5:00 p.m. to 7:00 p.m. Eastern
Time.
The in-person scoping meetings will occur at the following dates
and times:
<bullet> New York City, NY; Date: July 19, 2022; Location:
Alexander Hamilton U.S. Customs House, Naval Officers Room; Address: 1
Bowling Green, New York, NY 10004; Time: 6:30-8:00 p.m.
<bullet> West Long Branch, NJ; Date: July 21, 2022; Location:
Monmouth University, Urban Coast Institute, Edison Building Atrium-
E201; Address: 400 Cedar Avenue, West Long Branch, NJ 07764; Time:
6:30-8:00 p.m.
Please check <a href="https://sanctuaries.noaa.gov/hudson-canyon/">https://sanctuaries.noaa.gov/hudson-canyon/</a> for
meeting links and the most up-to-date information, should plans for
these public meetings change. NOAA may end a virtual or in-person
meeting before the time noted above if all participants have concluded
their oral comments.
ADDRESSES: You may submit comments, identified by NOAA-NOS-2022-0053,
by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter ``NOAA-NOS-2022-0053'' in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comment.
<bullet> Mail: Send any hard copy public comments by mail to: LeAnn
Hogan, NOAA Office of National Marine Sanctuaries, 1305 East-West
Highway, SSMC4, Silver Spring, MD 20910. Note the docket number (i.e.,
NOAA-NOS-2022-0053) at the top of the comment.
<bullet> Public Scoping Meetings: Provide oral comments during
public scoping meetings, as described under DATES. Webinar registration
details and additional information about how to participate in these
virtual and in-person public scoping meetings is available at <a href="https://sanctuaries.noaa.gov/hudson-canyon/">https://sanctuaries.noaa.gov/hudson-canyon/</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 by NOAA. 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 personally identifiable
information (for example,
[[Page 34854]]
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). Comments that
are not responsive or contain profanity, vulgarity, threats, or other
inappropriate language will not be considered.
FOR FURTHER INFORMATION CONTACT: LeAnn Hogan, (202) 731-0678,
<a href="/cdn-cgi/l/email-protection#c28ea783acacec8aada5a3ac82acada3a3eca5adb4"><span class="__cf_email__" data-cfemail="91ddf4d0ffffbfd9fef6f0ffd1fffef0f0bff6fee7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background on the Area Under Consideration
The National Marine Sanctuaries Act (NMSA), 16 U.S.C. 1431 et seq.,
authorizes the Secretary of Commerce (Secretary) 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 aesthetic qualities. The primary
objective of the NMSA is to protect the resources of the National
Marine Sanctuary System. Day-to-day management of national marine
sanctuaries has been delegated by the Secretary to NOAA's Office of
National Marine Sanctuaries (ONMS).
In November 2016, WCS submitted a nomination to NOAA through the
Sanctuary Nomination Process (79 FR 33851), asking NOAA to consider
designating the Hudson Canyon area as a national marine sanctuary to
conserve its nationally significant ecological and biological resources
and to expand upon existing local and state efforts to study,
interpret, and promote the area's ecological and biological uniqueness.
The nomination was endorsed by a diverse coalition of organizations and
individuals at local, state, and national levels including elected
officials, businesses, shipping industry representatives, recreational
users, conservation and academic organizations, tourism companies,
aquariums and zoos, historical societies, and education groups. NOAA
added the area to the inventory of successful nominations that are
eligible for designation in February 2017, and extended it on the
inventory in February 2022 after its five-year review of the nomination
(87 FR 11049).
The Hudson Canyon (Canyon) is the largest submarine canyon along
the United States' Atlantic coast and is one of the largest in the
world. Its presence is critical to the support of resident and
migratory marine wildlife in the New York Bight, as well as in the Mid-
Atlantic region. Rivaling the depth and scale of the Grand Canyon, the
Canyon extends about 560 km (350 mi) seaward, reaches depths of 3-4 km
(2-2.5 mi), and is up to 12 km (7.5 mi) wide. Despite its size and
proximity to one of the world's largest metropolitan centers in New
York City, few know of this area that William Beebe described as a
``stately, invisible gorge'' when he first explored it during his 1925
expedition on the vessel Arcturus.
The Canyon's grand scale and diverse structure--steep slopes, firm
outcrops, diverse sediments, flux of nutrients, and areas of
upwelling--make it an ecological hotspot for a vast array and abundance
of marine wildlife. The Canyon provides habitat for a range of
endangered, protected, and sensitive species including the sperm whale,
sea turtles, and unique and diverse seep communities. The Canyon also
provides invaluable habitat for hundreds of species of bony and
cartilaginous fishes and invertebrates. One unique aspect of the Canyon
among marine habitats in the New York Bight is the presence of deep
sea, cold-water coral communities. Rocky outcrops and boulders at the
head of the Canyon and along its steep walls provide the hard substrate
needed for attachment by hard and soft corals, sea pens, anemones, and
sponges.
The robust biodiversity of the Canyon directly supports the local
economy by providing productive waters and habitats for the fish and
invertebrates on which commercial and recreational fisheries depend.
Recreational divers explore some of the shallower areas in and around
the Canyon, and the yearly migration of whales and seabirds through the
Canyon attracts whale watchers and birders. In addition to supporting
diverse fisheries and wildlife tourism, the waters surrounding the
Canyon also hold historical and cultural importance to those living
along its shores in New York and New Jersey. The types of shipwrecks
found within the Hudson Canyon area vary from freighters to United
States military radar platforms, some dating back to the mid-19th
Century.
The area also supports a number of human activities. Commercial
vessels regularly traverse the waters above the Canyon to enter New
York City, one of the world's busiest ports. New York is also a
critical trans-Atlantic telecommunications hub, connecting the east
coast of the United States to the rest of the world. There are 26
submarine telecommunication cables and cable segments that make
landfall in New York and New Jersey, with at least nine of these cables
crossing, or running adjacent to, the Canyon. Various types of
commercial and recreational fishing occur in and around the Canyon.
There are nine federally and state-recognized Tribes and Tribal
Nations in New York State (i.e., Cayuga Nation, Oneida Nation of New
York, Onondaga Nation, Saint Regis Mohawk Tribe, Seneca Nation,
Shinnecock Nation, Tonawanda Band of Seneca, Tuscarora Nation of New
York, and the Unkechaug Nation) and three Tribes acknowledged by the
State of New Jersey, which serve on the New Jersey Commission of
American Indian Affairs (i.e., the Nanticoke Lenni-Lenape, Powhatan
Renape, and the Ramapough Lenape Tribes). Past and current Indigenous
communities have maintained strong oral traditions and cultural
practices tied to the ocean and coastal waters in this region. They
rely on a number of species that depend on the Canyon for part of their
life cycle. In order to strengthen our knowledge of the historical and
cultural significance of the Canyon, NOAA is requesting input on Tribal
and Indigenous communities' connections to this area.
The Hudson Canyon begins approximately 100 miles southeast of New
York City and extends 350 miles seaward, reaching depths of up to two
and a half miles and expanding up to seven miles at its widest points.
A visual of the Canyon and its adjacent waters, which may be considered
for sanctuary designation, can be found at <a href="https://sanctuaries.noaa.gov/hudson-canyon/">https://sanctuaries.noaa.gov/hudson-canyon/</a>. This visual is for reference
purposes only during the scoping process; it does not constitute a
proposed boundary for sanctuary designation. Instead, NOAA is seeking
recommendations for the sanctuary boundary during the public scoping
process, and based on this and other formal input, NOAA will release
draft sanctuary boundary alternatives for public review and comment
should it decide to move forward with the designation process.
Based on the WCS nomination and guided by the purposes and policies
of the NMSA, NOAA has identified five overarching goals for the
proposed sanctuary designation:
<bullet> Support conservation of the area's marine wildlife,
habitats, and maritime cultural resources;
<bullet> Work closely with Tribal partners to identify and raise
awareness of Indigenous connections to the area;
<bullet> Highlight and promote sustainable uses of the area;
<bullet> Expand ocean science and monitoring in, and education and
awareness of the area; and
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<bullet> Provide a platform for collaborative and diverse
partnerships that support effective and inclusive long-term management
of the area.
II. Items of Particular Interest During the Public Scoping Process
While the public may comment on all matters viewed as relevant to
the potential designation of a national marine sanctuary in the Canyon,
NOAA is requesting input on the following specific topics to help guide
the scoping process:
<bullet> boundary alternatives for the proposed sanctuary that
strive to meet the goals identified above;
<bullet> the location, nature, and value of natural and cultural
resources in the area under consideration;
<bullet> specific threats to these resources;
<bullet> information on the Indigenous and Tribal heritage of the
area;
<bullet> the non-regulatory actions NOAA should prioritize within
its draft management plan for the proposed sanctuary;
<bullet> the regulatory framework most appropriate for management
of the proposed sanctuary;
<bullet> the benefits to the ``blue economy'' of the region,
including promoting sustainable tourism and recreation; and
<bullet> a permanent name for the proposed sanctuary.
Comments may be submitted to NOAA by August 8, 2022 using the
methods described in ADDRESSES. NOAA will host public scoping meetings
during the public comment period, as described under DATES.
III. Sanctuary Designation Process
The designation process includes the following well-established and
highly participatory stages:
1. Public Scoping Process--Information collection and
characterization, including the consideration of public comments
received during scoping;
2. Preparation of Draft Documents--Preparation and release of draft
designation documents, including: a draft environmental impact
statement (DEIS), prepared pursuant to NEPA, that identifies boundary
and/or regulatory alternatives; a draft management plan; and a notice
of proposed rulemaking to define proposed sanctuary regulations. Draft
documents would be used to initiate consultations with Federal, State,
or local agencies, Tribes, and other interested parties, as
appropriate;
3. Public Comment--Through public meetings and in writing, allow
for public review and comment on a DEIS, draft management plan, and
notice of proposed rulemaking;
4. Preparation of Final Documents--Preparation and release of a
final environmental impact statement (FEIS), final management plan,
including a response to public comments, and a final rule and
regulations.
5. Review Period--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.
IV. Development of a Draft Environmental Impact Statement
In accordance with the NMSA and NEPA, NOAA must draft an
environmental impact statement when designating a new national marine
sanctuary. The input gathered during the public scoping process is
fundamental to NOAA's development of a DEIS.
A. Purpose and Need for Sanctuary Designation
The purpose and need for a sanctuary designation in the Hudson
Canyon area 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 that are of special national significance, provide
authority for comprehensive and coordinated conservation and management
of these marine areas, and protect the resources of these areas. In
particular, a sanctuary designation would:
<bullet> Develop coordinated and collaborative marine science,
education and outreach, and cultural heritage programs to assist in
promoting and managing the area's nationally significant resources;
<bullet> Highlight the many diverse human activities, cultural
connections and maritime heritage of the area, from the Indigenous
communities to existing activities in the area;
<bullet> Respond to community interest in conserving the natural
environments, wildlife and cultural resources of this area; and
<bullet> Provide additional conservation and comprehensive
ecosystem-based management to address threats to the area's nationally
significant resources.
B. Preliminary Description of Proposed Action and Alternatives
NOAA's proposed action is to consider designating the Hudson Canyon
national marine sanctuary in accordance with the sanctuary designation
process described in section 304 of the NMSA (16 U.S.C. 1434). Through
the public scoping process and as part of the sanctuary designation
process, NOAA will develop draft designation documents including a
draft sanctuary management plan, proposed sanctuary regulations, and
proposed terms of designation. The NEPA process for sanctuary
designation will include preparation of a DEIS to consider alternatives
and describe potential effects of the sanctuary designation on the
human environment. A DEIS will evaluate a reasonable range of action
alternatives that could include different options for management plan
goals, sanctuary regulations, and potential boundaries. A DEIS will
also consider a No Action Alternative, wherein NOAA would not designate
a national marine sanctuary.
C. Summary of Expected Impacts of Sanctuary Designation
A 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
area's biological and physical resources, including habitats, plants,
birds, sea turtles, marine mammals, and special status species;
maritime, cultural, and historical resources; and human uses and
socioeconomics of the area, including research, recreation, education,
energy production, and fishing. Based on a preliminary evaluation of
the resources listed above, NOAA expects potential positive impacts to
the environment from enhanced protection of the area's natural,
cultural, and historical resources; improved planning and coordination
of research, monitoring, and management actions; reduced harmful human
activities and disturbance of special status species; reduced threats
and stressors to resources; and minimal disturbance during research.
D. Schedule for the Decision-Making Process
NOAA expects to make a DEIS and other draft documents available to
the public by spring 2023. NOAA expects to make a FEIS available to the
public by spring 2024. A Record of Decision and the final 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.
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E. NEPA Lead and Cooperating Agency Roles
NOAA is the lead Federal agency for the NEPA process for the
proposed action. NOAA may invite other Federal, Tribal, State, and
local government agencies to become cooperating agencies in the
preparation of the EIS for the proposed action. 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)).
F. Anticipated Permits, Authorizations, and Consultations
Federal, state, and local permits, authorizations, or consultations
may be required for the proposed action, including consultation or
review under section 304(a)(5) of the NMSA, 16 U.S.C. 1434(a)(5),
regarding consultation with appropriate Fishery Management Councils,
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., and
Executive Order 13175, 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 a DEIS
concurrently and integrated with analyses required by other Federal
environmental review requirements, and a DEIS will list all Federal
permits, licenses, and other authorizations that must be obtained in
implementing the proposed action. See 40 CFR 1502.24.
V. Consultation Under Section 106 of the National Historic Preservation
Act and Executive Order 13175
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 NHPA
section 106 consultation process specifically applies to any 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. This term includes
artifacts, records, and remains that are related to and located within
such properties. The term includes properties of traditional religious
and cultural importance to an Indian Tribe or Native Hawaiian
organization that meet the National Register criteria.''
This notice also confirms that, with respect to the proposed
sanctuary designation process, NOAA will fulfill its responsibilities
under Executive Order 13175, ``Consultation and Coordination with
Indian Tribal Governments,'' and NOAA's implementing policies and
procedures. Executive Order 13175 requires Federal agencies to
establish procedures for meaningful consultation and coordination with
tribal officials in the development of Federal policies that have
Tribal implications. NOAA implements Executive Order 13175 through NOAA
Administrative Order 218-8 (Policy on Government-to-Government
Consultation with Federally-Recognized Indian Tribes and Alaska Native
Corporations), and the NOAA Tribal Consultation Handbook. Under these
policies and procedures, NOAA offers affected federally recognized
Tribes government-to-government consultation at the earliest
practicable time it can reasonably anticipate that a proposed policy or
initiative may have Tribal implications.
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. 2022-12234 Filed 6-7-22; 8:45 am]
BILLING CODE 3510-NK-P
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