Notice2023-01682
Initiation of Review of Management Plan for Olympic Coast National Marine Sanctuary; Intent To Conduct Scoping and Prepare Draft Environmental Analysis and Draft Management Plan
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Published
January 31, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In accordance with section 304(e) of the National Marine Sanctuaries Act, as amended (NMSA), NOAA is initiating a review of the Olympic Coast National Marine Sanctuary (OCNMS or sanctuary) management plan, to evaluate substantive progress toward implementing the goals of the sanctuary, and to make revisions to the management plan as necessary to fulfill the purposes and policies of the NMSA. NOAA anticipates management plan changes will require preparation of an environmental analysis under the National Environmental Policy Act (NEPA). NOAA will conduct public scoping meetings to gather information and other comments from individuals, organizations, tribes, and government agencies on the scope, types, and significance of issues related to the OCNMS management plan and the proper scope of environmental analysis for the management plan review. The scoping meetings are scheduled as detailed in the DATES section.
Full Text
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<title>Federal Register, Volume 88 Issue 20 (Tuesday, January 31, 2023)</title>
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[Federal Register Volume 88, Number 20 (Tuesday, January 31, 2023)]
[Notices]
[Pages 6236-6238]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01682]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Initiation of Review of Management Plan for Olympic Coast
National Marine Sanctuary; Intent To Conduct Scoping and Prepare Draft
Environmental Analysis and Draft Management Plan
AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Initiation of review of management plan; intent to conduct
scoping and prepare environmental analysis under the National
Environmental Policy Act.
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SUMMARY: In accordance with section 304(e) of the National Marine
Sanctuaries Act, as amended (NMSA), NOAA is initiating a review of the
Olympic Coast National Marine Sanctuary (OCNMS or sanctuary) management
plan, to evaluate substantive progress toward implementing the goals of
the sanctuary, and to make revisions to the management plan as
necessary to fulfill the purposes and policies of the NMSA. NOAA
anticipates management plan changes will require preparation of an
environmental analysis under the National Environmental Policy Act
(NEPA). NOAA will conduct public scoping meetings to gather information
and other comments from individuals, organizations, tribes, and
government agencies on the scope, types, and significance of issues
related to the OCNMS management plan and the proper scope of
environmental analysis for the management plan review. The scoping
meetings are scheduled as detailed in the DATES section.
DATES: Written comments should be received on or before April 3, 2023.
Public scoping meetings will be held on:
(1) Date: February 21, 2023, Location: Pacific Beach Elementary
School Gymnasium, 11 4th St. S, Pacific Beach, WA, Time: 5-8 p.m.
(2) Date: February 22, 2023, Location: Rainforest Art Center, 35
North Forks Avenue, Forks, WA, Time: 5-8 p.m.
(3) Date: February 23, 2023, Location: Makah Community Gym, 1394
Bayview Ave., Neah Bay, WA, Time: 5-8 p.m.
(4) Date: February 24, 2023, Location: Pirate Union Building
Cafeteria, Peninsula College Longhouse, 1502 E Lauridsen Blvd., Port
Angeles, WA, Time: 5-8 p.m.
(5) Date: February 27, 2023, Location: See details online at:
<a href="https://olympiccoast.noaa.gov/management/mpr">https://olympiccoast.noaa.gov/management/mpr</a>. Time: 5 p.m.-TBD.
NOAA will be taking audio recordings of the public meetings,
including the public comment portion of the meetings. NOAA may end a
meeting before the time noted above if all those participating have
completed their oral comments.
ADDRESSES: Comments may be submitted by the following method:
Electronic Submission: Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Submit electronic comments via the Federal
eRulemaking Portal and search for Docket Number NOAA-NOS-2023-0003.
Mail: Written comments may also be mailed to Olympic Coast National
Marine Sanctuary (Management Plan Review), 115 Railroad Ave. East,
Suite 301, Port Angeles, WA 98362.
Public Scoping Meetings: Provide oral comments during public
scoping meetings, as described under DATES. Registration details and
additional information about how to participate in these public scoping
meetings are available at <a href="https://olympiccoast.noaa.gov/management/mpr">https://olympiccoast.noaa.gov/management/mpr</a>.
Instructions: All comments received are a part of the public
record, and the entirety of the comment, including the name of the
commenter, email address, attachments, and other supporting materials
will be publicly accessible. Do not submit confidential business
information or otherwise sensitive or protected information such as
account numbers or Social Security numbers. NOAA will accept anonymous
comments through <a href="http://regulations.gov">regulations.gov</a> (enter N/A in the required fields to
remain anonymous).
FOR FURTHER INFORMATION CONTACT: Kevin Grant, Olympic Coast National
Marine Sanctuary, 115 Railroad Ave. East, Suite 301, Port Angeles, WA
98362, or see <a href="https://olympiccoast.noaa.gov/management/mpr">https://olympiccoast.noaa.gov/management/mpr</a>.
SUPPLEMENTARY INFORMATION:
I. Background
Olympic Coast National Marine Sanctuary (OCNMS or sanctuary) was
designated in July 1994. It spans 3,188 square miles of marine waters
off the rugged coast of the Olympic Peninsula, covering much of the
continental shelf and the heads of several major submarine canyons,
with seasonal upwelling that supports locally abundant marine life and
seasonal populations of marine mammals and seabirds. Along its shores
are thriving kelp and intertidal communities, teeming with fishes and
other sea life. In the darkness of the seafloor, scattered communities
of deep-sea coral and sponges form habitats for fish and other marine
wildlife.
In addition to important ecological resources, the Olympic Coast
has a rich cultural and historical legacy. The sanctuary is located
within the boundaries of the legally defined usual and accustomed (U&A)
fishing areas of four coastal tribes with reserved treaty rights. These
rights were reserved by the tribes via treaties that the United States
Government signed with the Makah Tribe under the 1855 Treaty of Neah
Bay and the Hoh Tribe, Quileute Tribe, and Quinault Indian Nation under
the 1856 Treaty of Olympia, long before OCNMS was designated. The
vibrant contemporary communities of these sovereign nations, often
referred to as the Coastal Treaty Tribes, have forged inseparable ties
to the ocean environment, maintaining traditions of the past while
navigating the challenges of the present and future.
The current OCNMS management plan was published in 2011, and is
available on the internet here: <a href="https://olympiccoast.noaa.gov/management/2011-plan/">https://olympiccoast.noaa.gov/management/2011-plan/</a>.
In 2018, NOAA completed an internal assessment of the 2011
management plan to gauge progress toward its goals and objectives. This
internal assessment showed that the action plans of the 2011 management
plan accurately reflected the ongoing management priorities and
resource protection issues and were adequate to continue guiding OCNMS
operations and programs. Input was solicited from Sanctuary Advisory
Council members and staff during the internal assessment process.
The OCNMS management plan review may result in proposed changes to
existing programs and policies to address contemporary issues and
challenges, and to better protect and manage the sanctuary's resources
and qualities. The review process is composed of four major stages: (1)
information collection and characterization including through a public
scoping process; (2) preparation and release of a draft management plan
and a draft environmental analysis conducted under NEPA, and any
proposed amendments to sanctuary regulations; (3) public review and
comment on the draft documents; and (4) preparation and release of a
final management plan and environmental analysis document, and any
final amendments to sanctuary regulations, if applicable. NOAA will
also address other statutory and regulatory requirements that may be
required
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pursuant to the Endangered Species Act (ESA), Marine Mammal Protection
Act, Essential Fish Habitat (EFH) provisions of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act), Coastal
Zone Management Act (CZMA), National Historic Preservation Act (NHPA),
and tribal consultation responsibilities under Executive Order 13175.
II. Treaty Trust Responsibility
The treaty trust responsibility of the sanctuary to the Hoh, Makah,
and Quileute tribes, and Quinault Indian Nation, is articulated in
several judicial decisions, OCNMS regulations, and in Executive Order
13175 of November 6, 2000, Consultation and Coordination With Indian
Tribal Governments. NOAA recognizes the preexisting treaty rights of
the Makah Tribe through the 1855 Treaty of Neah Bay and of the Hoh
Tribe, Quileute Tribe, and the Quinault Indian Nation through the 1856
Treaty of Olympia, and supports the active exercise of tribal treaty
rights. NOAA's trust responsibility to each of the Coastal Treaty
Tribes will help guide the management plan review.
III. Condition Report
To inform the OCNMS management plan review, NOAA recently updated
the OCNMS Condition Report, which was first published in 2008. The
Condition Report released in March 2022 assessed the period from 2008-
2019 and presented summary information describing the status and trends
of sanctuary resources, covering the broad categories of human
activities and pressures, water quality, habitat, living resources, and
maritime heritage resources. This report also included the status and
trends of ecosystem services--the ways humans derive benefits from
different ecosystem attributes that they care about for their lives and
livelihoods. The report is available to the general public on the
internet at: <a href="https://sanctuaries.noaa.gov/science/condition/ocnms/">https://sanctuaries.noaa.gov/science/condition/ocnms/</a>.
IV. Preliminary Priority Topics
NOAA has prepared a list of preliminary priority topics to consider
during the OCNMS management plan review process. NOAA is interested in
receiving public comment on these topics and any other topics of
interest that are relevant to the OCNMS management plan review. It is
important to emphasize that this list does not preclude or in any way
limit the consideration of additional topics raised through public
comments, government-to-government consultations, and discussions with
partner agencies.
Partnerships and Coordinated Management
Given its broad geographic scope and mission of the sanctuary, NOAA
depends on partnerships to act as a force multiplier in overall
stewardship efforts for the Olympic Coast. Active partnerships also
provide a more transparent and inclusive structure for management of
Olympic Coast marine resources within tribal, local, state, federal,
and international jurisdictions, and enable a collaborative and
coordinated approach to sanctuary management. For example, the Olympic
Coast Intergovernmental Policy Council remains an important forum
through which NOAA engages with the four Coastal Treaty Tribes and the
state of Washington in their role as governments and co-managers of
resources. NOAA seeks input on how the sanctuary can enhance its
partnerships with entities in these various jurisdictions for more
effective management and stewardship of Olympic Coast resources. In
addition, NOAA welcomes input as to what new or strengthened
partnerships would help other entities leverage the sanctuary's
capabilities with regard to its research, resource protection, and
education and outreach programs.
Changing Ocean Conditions
Ongoing changes to the climate and marine ecosystems of the Olympic
Coast have been documented, yet there continues to be considerable
uncertainty about current and future consequences at local, ecosystem,
and ocean-wide scales. Drawing in part from the sanctuary's long-term
oceanographic monitoring program, NOAA has observed changes in the
coastal ecosystem off the Olympic Coast that may worsen in intensity,
duration, and frequency in the future as a result of climate change.
Specific concerns include the impacts of hypoxia (low dissolved oxygen
levels), ocean acidification, harmful algal blooms, ocean warming and
marine heatwaves. NOAA is interested in ideas regarding how to best
incorporate climate change research, adaptation and mitigation efforts
into the OCNMS management plan, including ways to enhance coordination
with partners, as well as input on the types of monitoring data and
efforts that would be the most effective to aid adaptive management.
Resource Monitoring and Assessments
Assessing and monitoring the conditions of sanctuary resources,
both natural and cultural, are a critical part of sanctuary management.
Related research and monitoring efforts have always been a major focus
for the sanctuary, and are often collaborative. Primary research
programs for the sanctuary include long term oceanographic monitoring
of changing ocean conditions, ecosystem monitoring in intertidal
habitats and kelp forests, seafloor mapping, deep-sea habitat
exploration and characterization, and acoustic monitoring of underwater
sound. Staff also collaborate on maritime and cultural heritage
projects and support social science research efforts. Given the many
needs and possibilities as well as limited resources, it is imperative
to further focus NOAA's efforts on data that it is uniquely positioned
to gather and share. NOAA seeks input on what research and monitoring
efforts would be most beneficial and informative for resource (natural
and cultural) management decisions, including those of its partners,
and how it can improve data-sharing.
Compatible Resource Use
Facilitating sustainable human use of the sanctuary in a manner
compatible with the objectives of OCNMS and the NMSA is an important
sanctuary responsibility. While NOAA generally does this through
permitting and NMSA section 304(d) consultations, the potential impacts
of various uses, particularly emergent technologies, on the seafloor
and other habitats, wildlife, and other sanctuary resources are not
always fully understood. Examples of human uses which may provide broad
public benefits but also potentially impact sanctuary resources
include: commercial development such as offshore renewable energy,
aquaculture, fiber-optic cables, and emergent technologies such as
carbon capture and the use of uncrewed systems (e.g., drones) as tools
for research and monitoring. NOAA seeks input regarding which human
activities have the most potential to impact sanctuary resources, what
those potential impacts may be, and the means by which the sanctuary
can best monitor, address, and/or mitigate those impacts.
Wildlife Disturbance
NOAA remains concerned about acoustic, physical, and visual
disturbances caused by human activities in the sanctuary, as they can
have physical and behavioral impacts on wildlife above, below, and on
the water surface. Wildlife responses to disturbance include flushing
birds from their nesting roosts, flushing of marine mammals from haul
out areas, other behavioral changes, or even death. Sources of wildlife
disturbance in the
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sanctuary include low-flying aircraft, motorized personal watercraft,
fireworks, close proximity to wildlife aggregation areas (by land,
water, or air), and other human-generated noises from activities such
as shipping, military exercises, or seismic exploration. NOAA seeks
input regarding which human activities have the most potential to
disturb wildlife and the means by which the sanctuary can best monitor,
address, and/or mitigate such disturbances.
Water Quality
NOAA strives to maintain and improve water quality in the region.
Although water quality within the sanctuary is generally good as
described in the 2022 Condition Report, NOAA remains concerned
regarding the potential for contamination through vessel discharges
(e.g., ballast water and treated or raw sewage) and through the
unintentional introduction of petroleum products, pathogens, and
chemicals. There are also several contaminants of concern (e.g.,
microplastics) that enter marine waters through wastewater treatment
plants, stormwater outfalls and runoff, industrial outfalls, and
landfills. NOAA is interested in the public's views regarding what
human activities and sources have the most potential to impact water
quality in the sanctuary, what those potential impacts may be, and the
means by which the sanctuary can best monitor, address, and/or mitigate
those impacts.
Introduced Species
Although relatively few non-indigenous species have been reported
in sanctuary waters, introduced species can pose a threat to marine
life and habitats. For example, introduced European green crabs were
first identified in habitats adjacent to the sanctuary in 2017 and
their populations have exploded since then, which presents a rapidly
emerging threat to native species as well as to the shellfish industry
in Washington state. European green crabs compete with native species
and damage nearshore habitats, which often serve as important nursery
areas for species like salmon and Dungeness crab. NOAA seeks input
regarding how the sanctuary can best contribute to partner efforts
aimed at management of introduced species.
Education and Outreach
Enhancing the public's awareness and appreciation of the Olympic
Coast's natural and cultural resources is a cornerstone of the
sanctuary's mission. NOAA is seeking input on the effectiveness of the
sanctuary's current education and outreach programs and ideas regarding
how to continue to expand public awareness, including opportunities to
participate in environmental research and monitoring, integrating
outreach into all education levels, and more effective partnering with
tribes, federal and state agencies, local businesses and organizations,
and other user groups.
IV. Boundary and Regulatory Changes
In preparing for public scoping, NOAA has not identified the need
for any changes to OCNMS boundaries. However, NOAA is interested in
public input on the adequacy of existing boundaries to protect
sanctuary resources, and other regulatory changes. Regulatory changes
and/or boundary modifications may be considered based on a review of
public scoping comments and, if proposed, would be presented for public
review with the publication of a proposed rulemaking prior to any
finalization and implementation.
V. Public Comments
NOAA is interested in receiving input on:
[cir] The effectiveness of the existing management plan in meeting
both the mandates of the NMSA and OCNMS goals and objectives.
[cir] The effectiveness of OCNMS programs, including programs
focused on resource protection; education and outreach; and research
and monitoring.
[cir] NOAA's implementation of OCNMS regulations and issuance of
permits.
[cir] The existing operational and administrative framework at
OCNMS (staffing, offices, vessels, capabilities, infrastructure, etc.).
[cir] The relevance and timeliness of the management issues
identified above.
VI. Federal Consultations
This document also advises the public that NOAA will coordinate its
consultation responsibilities under section 7 of the ESA, EFH under the
Magnuson-Stevens Act, section 106 of the NHPA (16 U.S.C. 470), and
Federal Consistency review under the CZMA. Through its ongoing NEPA
process and the use of NEPA documents and public and stakeholder
meetings, NOAA will also coordinate compliance with other federal laws.
In fulfilling its responsibility under the NHPA and NEPA, NOAA
intends to identify consulting parties; identify historic properties
and assess the effects of the undertaking on such properties; initiate
formal consultation with the State Historic Preservation Officer, the
Advisory Council of Historic Preservation, and other consulting
parties; involve the public in accordance with NOAA's NEPA procedures;
and develop in consultation with identified consulting parties
alternatives and proposed measures that might avoid, minimize, or
mitigate any adverse effects on historic properties and describe them
in any environmental analysis.
Executive Order 13175, ``Consultation and Coordination with Indian
Tribal Governments'' (November 6, 2000), requires each Federal agency
to establish procedures for meaningful consultation and coordination
with tribal officials in the development of Federal policies that have
tribal implications. NOAA will initiate communication and consultation
with tribal officials pursuant to Executive Order 13175, Department of
Commerce tribal consultation policies, and NOAA procedures for
government-to-government consultation with federally-recognized Indian
Tribes. As previously noted, the sanctuary's trust responsibility to
each of the Coastal Treaty Tribes will help guide the management plan
review.
Authority: 16 U.S.C. 1431 et seq.
John Armor,
Director, Office of National Marine Sanctuaries, National Ocean
Service, National Oceanic and Atmospheric Administration.
[FR Doc. 2023-01682 Filed 1-30-23; 8:45 am]
BILLING CODE 3510-NK-P
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