Notice2023-08170
Notice of Intent To Conduct Scoping and To Prepare a Draft Environmental Impact Statement for the Proposed Designation of a National Marine Sanctuary for the Pacific Remote Islands
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Published
April 18, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In accordance with the National Marine Sanctuaries Act (NMSA) and National Environmental Policy Act (NEPA), NOAA is initiating the process to consider designating the submerged lands and waters surrounding the Pacific Remote Islands to the full extent of the U.S. Exclusive Economic Zone (EEZ) as a new national marine sanctuary. NOAA will prepare a draft environmental impact statement (DEIS) for the sanctuary designation process to discuss environmental impacts and inform decision makers and the public of reasonable alternatives that would avoid or minimize adverse impacts or enhance the quality of the human environment. NOAA is initiating the public scoping process to invite comments on the scope and significance of issues to be addressed in the DEIS 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, which would include the preparation and release of draft designation documents, as well as the formulation of alternatives for the DEIS.
Full Text
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<title>Federal Register, Volume 88 Issue 74 (Tuesday, April 18, 2023)</title>
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[Federal Register Volume 88, Number 74 (Tuesday, April 18, 2023)]
[Notices]
[Pages 23624-23627]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08170]
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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 Designation of a
National Marine Sanctuary for the Pacific Remote Islands
AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean
Service, National Oceanic and Atmospheric Administration (NOAA),
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: In accordance with the National Marine Sanctuaries Act (NMSA)
and National Environmental Policy Act (NEPA), NOAA is initiating the
process to consider designating the submerged lands and waters
surrounding the Pacific Remote Islands to the full extent of the U.S.
Exclusive Economic Zone (EEZ) as a new national marine sanctuary. NOAA
will prepare a draft environmental impact statement (DEIS) for the
sanctuary designation process to discuss environmental impacts and
inform decision makers and the public of reasonable alternatives that
would avoid or minimize adverse impacts or enhance the quality of the
human environment. NOAA is initiating the public scoping process to
invite comments on the scope and significance of issues to be addressed
in the DEIS 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, which would include the
preparation and release of draft designation documents, as well as the
formulation of alternatives for the DEIS.
DATES: Comments must be received by NOAA on or before June 2, 2023.
Public Meetings: NOAA will host in-person public scoping meetings,
with an option to join virtually, at the following dates:
<bullet> May 10, 2023--Honolulu, Hawaii
<bullet> May 11, 2023--Hilo, Hawaii
<bullet> May 17, 2023--Hagatna, Guam
<bullet> May 18, 2023--Saipan, Commonwealth of the Northern Mariana
Islands
<bullet> May 19, 2023--Rota, Commonwealth of the Northern Mariana
Islands
<bullet> May 20, 2023--Tinian, Commonwealth of the Northern Mariana
Islands
<bullet> May 24, 2023--Pago Pago, American Samoa
Meeting times, locations, and virtual meeting links will be made
available at least 15 days before each meeting, and will be posted at
<a href="https://sanctuaries.noaa.gov/pacific-remote-islands">https://sanctuaries.noaa.gov/pacific-remote-islands</a>.
ADDRESSES: You may submit comments on this notice by any of the
following methods:
<bullet> Federal e-Rulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter ``NOAA-NOS-2023-0052'' in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
<bullet> Mail: Send any hard copy public comments by mail to: PRI-
Proposed Sanctuary, NOAA/ONMS, [incare] Hoku Kaaekuahiwi Pousima, 76
Kamehameha Ave., Hilo, HI 96720.
<bullet> Public Scoping Meetings: Provide oral comments during
virtual and in-person public scoping meetings, as described under
DATES. Meeting details and additional information about how to
participate in these public scoping meetings is available at <a href="https://sanctuaries.noaa.gov/pacific-remote-islands">https://sanctuaries.noaa.gov/pacific-remote-islands</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 personally identifiable
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the commenter will be publicly accessible. NOAA will accept
anonymous comments (in the Federal e-Rulemaking Portal, enter ``N/A''
in the required fields if you wish to remain anonymous).
FOR FURTHER INFORMATION CONTACT: Hoku Kaaekuahiwi Pousima, (808) 731-
8441, <a href="/cdn-cgi/l/email-protection#5424263b243b2731307a24263d3a3927143a3b35357a333b22"><span class="__cf_email__" data-cfemail="e292908d928d918786cc92908b8c8f91a28c8d8383cc858d94">[email protected]</span></a>, NOAA ONMS, Pacific Islands Region
Policy Analyst.
SUPPLEMENTARY INFORMATION:
I. Background on the Area Under Consideration
The National Marine Sanctuaries Act, as amended (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
[[Page 23625]]
aesthetic qualities. A 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 ONMS.
On March 11, 2023, the Pacific Remote Islands Coalition submitted a
nomination (<a href="https://nominate.noaa.gov/nominations/">https://nominate.noaa.gov/nominations/</a>) to NOAA through the
Sanctuary Nomination Process (79 FR 33851), asking NOAA to consider
designating the Pacific Remote Islands as a national marine sanctuary
to permanently and strongly protect an area of unique, diverse marine
ecosystems and cultural and historical importance.
On March 24, 2023, President Biden issued a Presidential Memorandum
in which he directed the Secretary to consider initiating the
designation of a national marine sanctuary within 30 days to provide
the most comprehensive and lasting protections to the significant
natural and cultural resources of the submerged lands and waters
surrounding the seven islands, atolls, and the reefs of the Pacific
Remote Islands Marine National Monument, both within and outside the
Monument boundary, to the full extent of the seaward limit of the EEZ,
including marine life, shoals, seamounts, reefs, banks, and sediments
high in minerals and sequestered carbon dioxide for the benefit of
present and future generations. NOAA is initiating the process to
designate this area as a national marine sanctuary based on the
information included in the Pacific Remote Islands Coalition
nomination, as well as the information provided in the Presidential
Memorandum.
The diverse and intact ecosystems of the Pacific Remote Islands,
including the pelagic seascapes and underwater seamounts, support a
host of species from corals and marine mammals to seabirds and deep-sea
species found nowhere else in the world. Many threatened, endangered,
and depleted species thrive in the area, including the green and
hawksbill turtles, pearl oysters, giant clams, sharks, rays, marlin,
tuna, groupers, humphead and Napoleon wrasses, bumphead parrotfish,
dolphins, and whales. Intact natural ecosystems such as the Pacific
Remote Islands are often more resilient to the effects of climate
change and can help in the fight against biodiversity loss.
Considering sanctuary designation for the area is also an
opportunity to recognize the importance of Indigenous knowledge,
stories, and cultural connections between lands and peoples, and
celebrate the individual nature of cultures. Although uninhabited
today, for centuries wayfinders of Pacific Island Indigenous Peoples
visited these islands while navigating through the expanse of the vast
Pacific Ocean. Native Hawaiians, Chamorro, and other Indigenous Peoples
voyaged between distant communities across this vast swath of the
Central and Western Pacific, wayfinding with great proficiency using
the stars, winds, and currents. Their sail routes are being used once
again by contemporary open-ocean wayfinders who are reinvigorating the
legacy of their ancestors. Additionally, the bravery and sacrifice of
the Hui Panal[amacr][revaps]au--a group of 130 young men, mostly Native
Hawaiian, who voluntarily occupied the islands of Jarvis, Baker, and
Howland from 1935 to 1942 helped secure America's territorial claim.
In 2009, President George W. Bush, through Presidential
Proclamation 8336, established the Pacific Remote Islands Marine
National Monument, which protected the islands, atolls, and emergent
reef, and approximately 50 nautical miles of water around each. In
2014, President Barack Obama, through Presidential Proclamation 9173,
expanded the Monument to include 200 nautical miles--the full extent of
the EEZ--around Jarvis and Wake Islands and Johnston Atoll. The
Monument is cooperatively managed by the Secretary of Commerce (NOAA)
and the Secretary of the Interior (U.S. Fish and Wildlife Service).
Within the boundaries of the Monument, the U.S. Fish and Wildlife
Service administers National Wildlife Refuges at Baker, Howland, and
Jarvis Islands; Palmyra, Johnston, and Rose Atoll; and Kingman Reef. In
addition, Wake Island and Johnson Atoll are under the administrative
jurisdiction of the Department of Defense.
The areas around Howland and Baker Islands, Palmyra Atoll, and
Kingman Reef that are outside the Monument and National Wildlife Refuge
boundaries include ecologically significant deep-water habitats and an
associated array of seamounts with exceptional value for their
biodiversity; spawning and feeding grounds for skipjack, yellowfin, and
bigeye tuna species; and multiple apex predators that play a vital role
in maintaining ecological balance and resilience of the ecosystem.
Research continues to reveal the importance of these relatively
unexplored habitats to the health, nutrient cycling, and carbon
sequestration of the ocean.
The Pacific Remote Islands Coalition nomination and Presidential
Memorandum propose that a sanctuary should encompass the areas of the
marine environment within the existing Pacific Remote Islands Marine
National Monument, including the marine environment surrounding Wake,
Johnston, and Palmyra Atolls; Howland, Baker, and Jarvis Islands; and
Kingman Reef; extending to the outer limit of the EEZ (200 nautical
miles), an area totaling approximately 24 million square kilometers
(770,000 square miles). Wake, Johnston, and Palmyra Atolls; Howland,
Baker, and Jarvis Islands; and Kingman Reef are all unincorporated
territories of the United States.
The Monument will continue to be jointly managed by the Secretary
of Commerce and the Secretary of the Interior. Designation of the
proposed national marine sanctuary would strengthen and increase the
long-term protections already existing in the Monument, and cannot
diminish them. Sanctuary designation would provide another layer of
protection to continue conserving and honoring this place.
A visual of the proposed national marine sanctuary, which may be
considered for sanctuary designation, can be found at <a href="https://sanctuaries.noaa.gov/pacific-remote-islands">https://sanctuaries.noaa.gov/pacific-remote-islands</a>. This visual is for
reference purposes only to aid in the scoping process; it does not
constitute a proposed boundary for the proposed sanctuary designation.
II. Public Scoping Process
With this notice, NOAA is initiating a public scoping process to
gather input from individuals, Federal, State, territorial, and local
agencies, Native Hawaiian Organizations, and other representatives of
Indigenous Peoples with ancestral, historic, and cultural connections
to the area. NOAA intends to use this process to determine the scope of
issues for analysis in the DEIS. While the public may comment on all
matters relevant to the proposed designation of a national marine
sanctuary in the Pacific Remote Islands, NOAA specifically requests
comments on the following topics:
<bullet> 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> specific threats to these resources;
<bullet> the regulatory framework most appropriate for management
of the proposed sanctuary;
<bullet> the non-regulatory actions NOAA should prioritize within
its draft management plan for the proposed sanctuary;
[[Page 23626]]
<bullet> the potential socioeconomic, cultural, and biological
impacts of sanctuary designation;
<bullet> information regarding historic properties in the entire
area under consideration for a sanctuary designation and the potential
effects to those historic properties; and
<bullet> other information relevant to the designation and
management of a national marine sanctuary.
III. Background on 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, and coordination under the NMSA section
304(a)(5) with the Western Pacific Regional Fishery Management Council
on the preparation of draft fishing regulations as necessary to
implement the proposed designation;
2. Preparation of Draft Documents--Preparation and release of draft
designation documents, including: a 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, territorial, 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.
IV. Development of a Draft Environmental Impact Statement
In accordance with the NMSA, NOAA must draft an environmental
impact statement pursuant to NEPA when designating a 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 NMSA directs ONMS to identify and designate as national marine
sanctuaries areas of the marine (including the Great Lakes) environment
that are of special national significance, provides authority for
comprehensive and coordinated conservation and management of these
marine areas, and directs ONMS to protect the resources of these areas.
The purpose and need for the proposed action is to consider whether a
sanctuary designation in the Pacific Remote Islands area would fulfill
the purposes and policies outlined in section 301(b) of the NMSA, 16
U.S.C. 1431(b), and meet the sanctuary designation standards in section
303 of the NMSA, 16 U.S.C. 1433.
B. Preliminary Description of Proposed Action and Alternatives
NOAA's proposed action is to consider designating the submerged
lands and waters surrounding the Pacific Remote Islands to the full
extent of the EEZ 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 management programs developed with public
input and crafted to meet the specific issues and protect 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 management authorities in
the area.
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.
C. Summary of Expected Impacts of Sanctuary Designation
The DEIS will identify and describe significant environmental
impacts and inform decision makers and the public of reasonable
alternatives that would avoid or minimize adverse impacts or enhance
the quality of the human environment. The proposed action may have
impacts, or effects, on these areas:
<bullet> marine resources, including habitats, plants, birds, sea
turtles, marine mammals, and special status species;
<bullet> maritime, cultural, and historic resources and properties,
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 impacts of the proposed action to include: continued or
enhanced long-term protection of the Pacific Remote Islands'natural,
cultural and historic resources; improved planning and coordination of
research, monitoring, and management actions; reduced disturbance of
special status species; reduced threats and stressors to the area's
resources; and minimal disturbance during research or restoration
actions conducted by or on behalf of the sanctuary.
D. NEPA Lead and Cooperating Agency Roles
NOAA will serve as the lead Federal agency for the NEPA process for
the proposed action. Upon request of NOAA, any Federal agency with
jurisdiction by law shall become a cooperating agency and any Federal
agency with special expertise with respect to any environmental impact
may become a cooperating agency. A State, Tribal, or local agency of
similar qualifications may become a cooperating agency by agreement
with NOAA in accordance with 40 CFR 1501.8.
E. Schedule for the Decision-Making Process
NOAA expects to make the DEIS and other draft sanctuary designation
documents available to the public in February 2024. NOAA expects to
make the FEIS for sanctuary designation available to the public in
December 2024. A Record of Decision will be issued 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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F. Anticipated Permits, Authorizations, and Consultations
Federal 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-Stevens Fishery
Conservation and Management Act, 16 U.S.C. 1801 et seq., National
Historic Preservation Act (NHPA), 54 U.S.C. 300101 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 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. This notice also confirms that, with
respect to the proposed sanctuary designation process, NOAA will
fulfill any applicable responsibilities under Executive Order 13175,
``Consultation and Coordination with Indian Tribal Governments,'' and
NOAA's implementing policies and procedures.
Authority: 16 U.S.C. 1431 et seq.; 42 U.S.C. 4321 et seq.; 40 CFR
1500-1508 (NEPA Implementing Regulations); NOAA Administrative Order
216-6A.
John Armor,
Director, Office of National Marine Sanctuaries, National Ocean
Service, National Oceanic and Atmospheric Administration.
[FR Doc. 2023-08170 Filed 4-17-23; 8:45 am]
BILLING CODE 3510-NK-P
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