[Federal Register Volume 64, Number 178 (Wednesday, September 15, 1999)]
[Notices]
[Pages 50061-50062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24093]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


National Marine Sanctuary Program

AGENCY: Office of Ocean and Coastal Resource Management (OCRM), 
National Ocean Service (NOS), National Oceanic and Atmospheric 
Administration (NOAA), Department of Commerce (DOC).

ACTION: Notice.

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SUMMARY: NOAA is withdrawing the Northwest Straits from consideration 
as an Active Candidate for designation as a National Marine Sanctuary. 
The Northwest Straits are located north of Puget Sound, and encompass 
marine waters surrounding the San Juan Islands, north to the Canadian 
border, U.S. waters west to the entrance of the Strait of Juan de Fuca, 
Haro and Rosario Straits and the lower portion of the Strait of 
Georgia. The Northwest Straits site was identified by NOAA for 
evaluation as a national marine sanctuary by being listed on the 
National Marine Sanctuary Program's Site Evaluation List (SEL) in 1983 
(as ``Washington State Nearshore''). Congress directed NOAA to prepare 
a designation prospectus on Northwest Straits in 1988 and the site 
became an Active Candidate. For reasons related to designation guidance 
contained in the 1996 reauthorization of the National Marine Sanctuary 
Act (NMSA), the findings of a Congressionally-convened Northwest 
Straits Citizens Advisory Commission, and limited agency resources, 
NOAA is discontinuing consideration of the site for possible 
designation as a national marine sanctuary.

FOR FURTHER INFORMATION CONTACT: Debra Malek, NOAA Marine Sanctuaries 
Division, 1305 East-West Highway, N/ORM2, Silver Spring, Maryland 20910 
or at (301) 713-3141 Ext. 162.

SUPPLEMENTARY INFORMATION: 

I. Background

    The NMSA (16 U.S.C. 1431 et seq.) authorizes the Secretary of 
Commerce to designate discrete areas of the marine environment as 
national marine sanctuaries to fulfill the purposes and policies of the 
NMSA (set forth in section 301(b) (16 U.S.C. 1431(b)), and if: (1) the 
area proposed for designation is of special national significance due 
to its resource or human-use values; (2) existing state and federal 
authorities are inadequate or should be supplemented to ensure 
coordinated and comprehensive conversation and management of the area, 
including resource protection, scientific research, and public 
education; (3) designation of the area as a national marine sanctuary 
will facilitate the coordinated and comprehensive conservation and 
management of the area; and (4) the area is of a size and nature that 
will permit comprehensive and coordinated conservation and management 
(16

[[Page 50062]]

U.S.C. 1433(a)). The NMSA is administered by NOAA through the Office of 
Ocean and Coastal Resource Management of the National Ocean Service.

II. Administrative History

    In January 1982, NOAA published a Program Development Plan (PDP) 
for the National Marine Sanctuary Program (NMSP), describing the 
Program's mission and goals, site identification and selection 
criteria, and the nomination and designation process. Based on the PDP 
and Program regulations, NOAA published a proposed SEL recommended to 
NOAA by regional resource evaluation teams. On August 4, 1983, NOAA 
published the final SEL (48 FR 35568). The SEL is described in the 
regulations for the National Marine Sanctuary Program at 15 CFR 922.10.
    The Northwest Straits appeared on the SEL in 1983 as ``Washington 
state Nearshore'' (48 FR 35568). It was made an Active Candidate under 
the name of Northern Puget Sound by the 1988 reauthorization of the 
Marine Protection, Research, and Sanctuaries Act of 1972 (Pub. L. No. 
100-627 section 205) (54 FR 41481). This notice expanded the study area 
beyond that initially recognized in the SEL. A Discussion Paper 
presenting the rationale for a federal Sanctuary entirely in state 
waters, a description of some of the threats to the marine resources, 
and suggestions for ways in which the Sanctuary could address those 
threats was drafted for public review in 1993. NOAA, in conjunction 
with the State Department of Ecology, held 24 focus group meetings 
throughout the study area in March 1995 to ensure accurate information 
was considered for developing a Draft Environmental Impact Statement/
Management Plan (DEIS/MP). Three public focus group meetings were held 
in May 1995, followed by two workshops in summer 1995 dedicated to 
discussing issues of education and research within the proposed 
sanctuary.
    Throughout Fiscal Year 1996, NOAA worked with the State Department 
of Ecology to synthesize information gathered during the 1995 meetings 
and workshops, in anticipation of releasing a DEIS/MP, which was not 
completed. The 1996 reauthorization of the NMSA and subsequent 
Congressional instructions gave NOAA specific guidance as to the 
designation process for the proposed Northwest Straits NMS. Section 10 
of Public Law 104-283 provided that, ``No designation of an area in the 
Northwest Straits in the State of Washington as a national marine 
sanctuary under the National Marine Sanctuaries Act shall take effect 
unless that designation is specifically authorized by a law enacted 
after the date of enactment of this Act.'' Accompanying statements by 
Senator Murray and Representative Metcalf resulted in the formation of 
an independent Citizen's Advisory Commission (CAC) comprised of 15 
members representing local governments, tribes, users, ports, and 
environmentalists, and two facilitators. The statements instructed NOAA 
to act as ``technical advisors'' to the CAC and to include 
recommendations from the CAC in any decision document regarding the 
Northwest Straits.
    The CAC initiated meetings in May 1997, and completed a final 
report in August 1998. In reaching a consensus on how best to address 
protection in the region, the CAC recommended the creation of a 
federally-funded regional, voluntary program for the seven counties 
adjacent to the waters of the Northwest Straits. The CAC did not 
recommend that a National Marine Sanctuary be established or considered 
further and explicitly proposed that no new regulatory authority be 
created or introduced.

III. Action

    In consideration of the designation guidance in the 1996 NMSA 
reauthorization; the direction from Senator Murray and Representative 
Metcalf that NOAA consider recommendations put forward by local 
committees or commissions; the CAC's failure to recommend designation 
or further consideration of a national marine sanctuary for the 
Northwest Straits; the CAC's recommendation that no new regulatory 
authority be introduced for management and protection of the resources 
of the Northwest Straits at this time; and limited agency personnel and 
budgetary resources (which the NMSP has determined are necessary to 
devote to existing rather than new sites at this time), NOAA is 
withdrawing the site from Active Candidate status. Further 
consideration of the Northwest Straits for designation as a National 
Marine Sanctuary is discontinued.
    NOAA will publish a final report of fundings and recommendations to 
provide a tool to assist ongoing or new efforts for marine resource 
protection in the Northwest Straits. The report and additional 
materials and information about the Northwest Straits will be 
maintained at the NOAA Seattle Regional Library located at 7600 Sand 
Point Way NE, Seattle, Washington. In addition, the Northwest Straits 
web site will include a downloadable version of the final report, and 
links to other relevant information. The web site address is http://
www.nwsnms.noaa.gov/ and will be on-line in October 1999.

(Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary 
Program)

    Dated: September 10, 1999.
Ted I. Lillestolen,
Deputy Assistant Administrator for Ocean Services and Coastal Zone 
Management.
[FR Doc. 99-24093 Filed 9-14-99; 8:45 am]
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