[Federal Register Volume 67, Number 52 (Monday, March 18, 2002)]
[Notices]
[Pages 11996-11997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6470]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Announcement of the Initiation of Public Scoping for the Proposed 
Designation of the Northwestern Hawaiian Islands National Marine 
Sanctuary

AGENCY: National Marine Sanctuary Program (NMSP), National Ocean 
Service (NOS), National Oceanic and Atmospheric Administration (NOAA), 
Department of Commerce (DOC).

ACTION: Notice.

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SUMMARY: On December 4, 2000, Executive Order 13178 established the 
Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve, pursuant to 
the National Marine Sanctuaries Amendments Act of 2000. The Reserve 
extends approximately 1200 nautical miles long and 100 nautical miles 
wide. Pursuant to this Act and the Executive Order, NOAA initiated the 
process to designate the Reserve as a national marine sanctuary by 
issuing a notice of intent on January 19, 2001 (66 FR 5509). This 
notice announces the beginning of public scoping pursuant to the 
National Environmental Policy Act.
    The public scoping process, including public scoping meetings, is 
intended to solicit information and comments on the range and 
significance of issues related to the designation and management of a 
Northwestern Hawaiian Islands National Marine Sanctuary. The results of 
this scoping process will assist NOAA in formulating alternatives for a 
draft management plan and draft environmental impact statement for the 
proposed designation. A separate notice containing times, dates, and 
locations for scoping meetings will be published in the Federal 
Register (and in various local media throughout Hawaii) at a later 
date, at least fifteen days before the first scoping meeting.

DATES AND ADDRESSES: The public scoping process will start on March 18, 
2002, and end on Friday, May 3, 2002. Written comments may be sent to 
NWHI Coral Reef Ecosystem Reserve, 6700 Kalaniana'ole Highway, #215, 
Honolulu, Hawaii 96825; faxed to (808) 397-2662; or emailed to 
[email protected]. Comments will be available for public review at the 
office address above. Summaries of public comments from initial scoping 
meetings will be available at hawaiireef.noaa.gov. Scoping meetings are 
expected to be held in April.

FOR FURTHER INFORMATION CONTACT: 'Aulani Wilhelm, (808) 397-2657, 
[email protected].

SUPPLEMENTARY INFORMATION: The National Marine Sanctuaries Act (NMSA), 
16 U.S.C. 1431 et seq., authorizes the Secretary of Commerce 
(Secretary) to designate discrete areas of the marine environment as 
national marine sanctuaries to protect their special conservation, 
recreational, ecological, historical, cultural, archaeological, 
scientific, educational, or esthetic qualities. The NMSA is 
administered by the National Oceanic and Atmospheric Administration 
(NOAA) through the National Marine Sanctuary Program (NMSP).
    On May 26, 2000, the Secretaries of Commerce and the Interior were 
directed to develop recommendations, working cooperatively with the 
State of Hawaii and consulting with the Western Pacific Fishery 
Management Council, for a new, coordinated management regime to 
increase protection of the coral reef ecosystem of the Northwestern 
Hawaiian Islands and provide for sustainable use of the area.
    Public visioning sessions were held in Hawaii and in Washington, DC 
in July and August 2000. Over 430 individuals attended the visioning 
sessions; over 1,000 written comments were received. The results of the 
visioning sessions revealed a universally high regard for the NWHI, for 
a variety of reasons including values of biology, wilderness, culture, 
commerce/economy, scientific, education, and recreation. Threats that 
were identified included at-risk species, human intrusions and abuses, 
future intrusion and abuse, atmospheric and oceanic changes, invasive 
species, and extractive or invasive research.
    In November 2000, the National Marine Sanctuaries Amendments Act of 
2000 (Act), Public Law 106-513 was signed into law. Section 6(g) of the 
Act authorized the President, after consultation with the Governor of 
the State of Hawaii, to designate any Northwestern Hawaiian Islands 
coral reef or coral reef ecosystem as a coral reef reserve to be 
managed by the Secretary of Commerce. On December 4, 2000, Executive 
Order 13178 was issued establishing the Northwestern Hawaiian Islands 
Coral Reef Ecosystem Reserve (Reserve), pursuant to the Act. The 
purpose of the Reserve is to ensure the comprehensive, strong, and 
lasting protection of the coral reef ecosystem and related marine 
resource and species of the Northwestern Hawaiian Islands. The Reserve 
extends approximately 1200 nautical miles long and 100 nautical miles 
wide. The Reserve is adjacent to and seaward of the seaward boundaries 
of the State of Hawaii and the Midway Atoll National Wildlife Refuge, 
and overlays the Hawaiian Islands National Wildlife Refuge to the 
extent that the Refuge extends beyond the seaward boundaries of the 
State of Hawaii. The Executive Order contains a number of conservation 
measures that restrict certain activities throughout the Reserve. As 
part of the establishment of the Reserve, the Executive Order also 
created fifteen Reserve Preservation Areas (RPAs) in which all 
consumptive or extractive uses are prohibited, with limited exceptions.
    Subsequent to issuance of Executive Order 13178, a thirty-day 
public comment period was held. During the comment period, seven public 
hearings were held throughout the main Hawaiian Islands and in 
Washington, DC to accept written and oral comments. Approximately 8,400 
comments were received and included both original (about 500 letters) 
and form letter comments from around the country with a wide range of 
opinions.
    After close of the comment period, Executive Order 13196 was issued 
on January 18, 2001, which revised certain conservation measures and 
RPAs, and finalized establishment of the Reserve. (Executive Orders 
13178 and 13196 will hereafter be referred to as the Executive Order).
    The Reserve provides immediate added protection and coordinated 
management for the NWHI coral reef ecosystem and marine environment 
pending designation of the Reserve as a national marine sanctuary. The 
Act directs the Secretary, until the reserve is designated as a 
National Marine Sanctuary, to manage the Reserve consistent with the 
purposes and policies of the National Marine Sanctuaries Act (NMSA). 
The Executive Order directs the Secretary to develop a Reserve 
Operations Plan (ROP) to govern the management of the Reserve to 
address priority issues (e.g., marine debris, research and monitoring, 
education, enforcement). The ROP will govern NOAA's management of the 
Reserve pending designation of a marine sanctuary and will be 
incorporated into a long-term sanctuary management plan upon successful 
completion of the designation process.

[[Page 11997]]

    The Act and Executive Order require the Secretary to initiate the 
process to designate the Reserve as a National Marine Sanctuary under 
the applicable provisions of section 303 and 304 of the NMSA (16 U.S.C. 
1433 and 1434). Sections 303 and 304 provide specific procedures and 
requirements for designating a sanctuary, including requiring the 
preparation of an environmental impact statement pursuant to the 
National Environmental Policy Act (NEPA). Designation is an open, 
public process with numerous opportunities for public input. In 
designating and managing the sanctuary, the Secretary shall also 
consider the advice and recommendations of the Reserve/Sanctuary 
Advisory Council established in March, 2001, pursuant to the Act and 
Executive Order. As part of the process, NOAA shall, in consultation 
with the Governor of the State of Hawaii, determine whether State 
waters should be included as part of the sanctuary.
    By this notice, NOAA, on behalf of the Secretary, announces the 
initiation of scoping for the proposed NWHI sanctuary designation. 
Scoping is the initial process intended to solicit information and 
comments on the range and significance of issues related to the 
designation and management of a Northwestern Hawaiian Islands National 
Marine Sanctuary. The results of this scoping process will assist NOAA 
in formulating alternatives for a draft management plan and draft 
environmental impact statement for the proposed designation.
    NOAA encourages the public and interested parties to submit (via 
mail, e-mail, or fax) comments and to attend public scoping meetings, 
which will be held in April. Specific dates and locations for scoping 
meetings will be provided in separate notices at least 15 days before 
the first scoping meeting.

    Authority: 16 U.S.C. Section 1431 et seq., Pub.L. 106-513.


    Dated: March 12, 2002.
(Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary 
Program)
Jamison S. Hawkins,
Deputy Assistant Administrator for Ocean Services and Coastal Zone 
Management.
[FR Doc. 02-6470 Filed 3-15-02; 8:45 am]
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