[Federal Register Volume 71, Number 54 (Tuesday, March 21, 2006)]
[Notices]
[Pages 14233-14236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4021]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2006-24163]


National Environmental Policy Act; Environmental Impact Statement 
on U.S. Coast Guard Pacific Area Operations

AGENCY: Coast Guard, DHS.

ACTION: Notice of intent; request for public comments.

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SUMMARY: The Coast Guard announces its intent to prepare an 
Environmental Impact Statement (EIS) to review possible changes to the 
Coast Guard's operations in the areas of responsibility for Coast Guard 
Districts 11 and 13 (California, Oregon and Washington) and requests 
public comments. The EIS will analyze the environmental impacts of 
Coast Guard vessel and air operations when engaged in the following 
missions and activities: law enforcement, national security, search and 
rescue, aids to navigation, and oil pollution and vessel grounding 
response.
    Publication of this notice begins the official scoping process that 
will help identify alternatives and refine the scope of environmental 
issues to be addressed in the EIS. This notice requests public 
participation in the scoping process for this Coast Guard action, 
provides information on how to participate, and identifies a set of 
preliminary alternatives to serve as a starting point for discussion.

DATES: Comments and related material must reach the Docket Management 
Facility on or before May 5, 2006.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2006-24163 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Electronically through the Web site for the Docket Management 
System at http://dms.dot.gov.
    (2) By mail to the Docket Management Facility, (USCG-2006-24163), 
U.S. Department of Transportation, Room PL-401, 400 Seventh Street SW., 
Washington, DC 20590-0001.
    (3) By fax to the Docket Management Facility at 202-493-2251.
    (4) By delivery to room PL-401 on the Plaza level of the Nassif 
Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
contact Frank Esposito, Coast Guard, ([email protected]) or 2100 
2nd St., SW., Washington, DC 20593. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-493-0402.

SUPPLEMENTARY INFORMATION:

Request for Comments

    All comments received will be posted, without change, to http://dms.dot.gov and will include any personal information you have 
provided. We have an agreement with the Department of Transportation 
(DOT) to use the Docket Management Facility. Please see DOT's ``Privacy 
Act'' paragraph below.
    Submitting comments: If you submit a comment, please include your 
name and address, identify the docket number for this notice (USCG-
2006-24163) and give the reason for each comment. You may submit your 
comments by electronic means, mail, fax, or delivery to the Docket 
Management Facility at the address under ADDRESSES; but please submit 
your comments by only one means. If you submit them by mail or 
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 
inches, suitable for copying and electronic filing. If you submit them 
by mail and would like to know that they reached the Facility, please 
enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments received during the comment period.
    Viewing comments and documents: To view comments, go to http://dms.dot.gov at any time, click on ``Simple Search,'' enter the last 
five digits of the docket number for this rulemaking, and click on 
``Search.'' You may also visit the Docket Management Facility in room 
PL-401 on the Plaza level of the Nassif Building, 400 Seventh Street 
SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    Privacy Act: Anyone can search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review the 
Department of Transportation's Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477), or you may visit 
http://dms.dot.gov.
    If you wish to be added to the mailing list for this project, you 
may make a request through the project Web site, by mail to the docket 
at Docket Management Facility, (USCG-2006-24163), U.S. Department of 
Transportation, Room PL-401, 400 Seventh Street SW., Washington, DC 
20590-0001, or by fax to the Docket Management Facility at 202-493-
2251.

Background

    The Coast Guard is one of the country's five armed services and the 
nation's oldest maritime agency. Positioned within the Department of 
Homeland Security, the Coast Guard is the only maritime service with 
regulatory and law enforcement authority, military capabilities, and 
humanitarian operations. Coast Guard activities encompass critical 
elements of Homeland Security operations in littoral regions, including 
port security and safety, marine environmental response, maritime 
interception, coastal control, and maritime force protection. More than 
two centuries of littoral operations

[[Page 14234]]

at home and overseas have honed the Coast Guard's skills most needed to 
support the nation's military and naval strategies for the 21st 
century. The Coast Guard has five primary missions, including: Maritime 
Safety, Maritime Mobility, Maritime Security, National Defense, 
Protection of Natural Resources.
    The Coast Guard has the authority under Federal laws to carry out 
programs, in consultation with the National Oceanic and Atmospheric 
Administration's National Marine Fisheries Service (NMFS) and the U.S. 
Fish and Wildlife Service (USFWS), to protect and conserve threatened 
and endangered marine species and their habitats. In doing so, the 
Coast Guard must balance the increasing and competing demands of 
environmental protection and natural resource enhancement while meeting 
other mission requirements.
    A vital component of the Coast Guard's natural resource protection 
program is Ocean Steward, its 1999 strategic plan for helping the 
nation recover and maintain healthy populations of marine protected 
species. Ocean Steward has two general emphases: enforcement and 
conservation. Coast Guard objectives include assisting in preventing 
the decline of marine protected species populations, promoting the 
recovery of marine protected species and their habitats, partnering 
with other agencies and organizations to enhance stewardship of marine 
ecosystems and ensuring internal compliance with appropriate 
legislation, regulations and management practices. Another important 
component of the Coast Guard's natural resource protection program is 
Ocean Guardian, its strategic plan for fisheries management and 
enforcement. Its primary goal is to provide effective enforcement in 
support of the national goals for fisheries resource management and 
conservation. Ocean Steward and Ocean Guardian complement each other 
and provide a comprehensive framework for the Coast Guard's efforts to 
ensure the nation's waterways and their ecosystems remain productive by 
protecting all of the nation's marine protected species and marine 
protected areas from degradation.

Proposed Action

    The Coast Guard may be able to change some of its operations in 
order to better support conservation and recovery of marine protected 
species and marine protected areas within the maritime and coastal 
areas of Coast Guard Districts 11 and 13 (California, Oregon, and 
Washington). The Coast Guard is preparing an EIS to review the effects 
of its PACAREA operations on the maritime and coastal environment in 
these two districts. If the EIS leads the USCG to conclude that there 
will be significant negative environmental impacts without changes to 
internal operations as they pertain to these missions and activities, 
the USCG proposes, consistent with national security concerns, to 
employ new measures and guidance to avoid or minimize these impacts. 
Specifically, the EIS will focus on the environmental impacts of Coast 
Guard vessel and air operations on marine protected species and marine 
protected areas when engaged in the following routine missions and 
activities: law enforcement, national security, search and rescue, aids 
to navigation, and oil pollution and vessel grounding response. These 
operations will be catalogued and evaluated to determine whether there 
is cause to augment or modify any Coast Guard process or procedure so 
as to avoid or minimize significant adverse impact on the indicated 
environment.
    As is standing policy for the Coast Guard, the agency is committed 
to conducting their operations in a manner that supports conservation 
and recovery of protected marine protected species and marine protected 
areas. Preparation of this EIS is a proactive measure that will provide 
the assessment necessary to enhance Coast Guard fulfillment of its 
marine resource protection mission, without compromising its ability to 
perform other missions. This action will further the Coast Guard 
environmental compliance mission while recognizing and supporting 
accomplishment of the missions assigned to the Coast Guard by Congress 
and the Executive Branch.

Alternatives

    The Coast Guard will evaluate a range of alternatives in the Draft 
EIS based on a suite of mitigation measures, within its command 
authority, developed to minimize one or more of any determined 
environmental impacts incidental to Pacific Area operations within the 
last four years. Viable alternatives will include new measures and 
guidance, as well as modifications to existing PACAREA operational 
directives or operating procedures, which have the potential to enhance 
living marine resource protection by avoiding or minimizing the 
environmental impact of Coast Guard actions.
    Examples of viable alternatives include, but are not limited to, 
(1) No Action Alternative; (2) enhanced protected species and area 
training for vessels; (3) enhanced protected species and area training 
for Air Station flight crews; (4) implementation of mandatory speed 
restrictions for Coast Guard vessels transiting within protected 
species migratory or high-use areas during non-emergency operations; 
and (5) implementation of a mandatory Whale Reporting Program for Coast 
Guard vessels and aircraft. These alternatives are described in more 
detail below. An array of specific alternatives will be developed based 
on issues raised during the public scoping period. The probable 
environmental, biological, cultural, social, and economic consequences 
of these alternatives and other activities under Coast Guard command 
that may cumulatively impact the environment are expected to be 
considered in the draft EIS.
    Alternative 1--No Action Alternative: Under this alternative, the 
Coast Guard would continue its existing operations, without 
augmentation or modification, to conserve protected marine protected 
species and marine protected areas by balancing its current level of 
effort with other mission responsibilities and operational tempo. 
Current protection efforts include:
     Establishing and maintaining a Protected Living Marine 
Resource Program (PLMRP) at each District consisting of the following:
    [cir] Descriptions of areas of special interest including 
designated critical habitat, marine mammal high-use areas, national 
marine sanctuaries, national wildlife refuges, and areas of special 
biological significance.
    [cir] Enforcement procedures and guidance specific to the protected 
species concerns and areas within their area of responsibility (AOR).
    [cir] Marine animal response protocols (including notification and 
reporting requirements) for entangled, stranded, injured or dead 
animals and corresponding contact information.
    [cir] Operating procedures and directives for Coast Guard operation 
of its vessels and aircraft designed to minimize negative interactions 
with marine protected species and within marine protected areas.
    [cir] Identification of local NMFS-approved stranding and 
disentanglement networks, and notification of protected species 
stranding, entanglement, injury or death.
     Instituting HQ, Area, and District operating procedures 
and directives for Coast Guard operation of its vessels and aircraft 
designed to minimize negative interactions with marine protected 
species and within marine protected

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areas, including formalized speed and approach guidance around marine 
mammals.
     Enforcing the Endangered Species Act (ESA), Marine Mammal 
Protection Act (MMPA), National Marine Sanctuaries Act (NMSA), and 
other pertinent environmental regulations.
     Participating in regional multi-agency working groups, 
recovery teams, implementation teams, take reduction teams, sanctuary 
advisory councils and task forces.
     Maintaining properly trained look-outs aboard vessels at 
all times.
     Establishing Memorandums of Agreement (MOAs) with National 
Marine Sanctuaries (NMSs) outlining procedures for coordinating 
enforcement activities.
     Conducting routine surveillance of NMSs concurrently with 
other Coast Guard operations, and providing specific targeted or 
dedicated law enforcement as appropriate. Sanctuary surveillance and 
enforcement is incorporated into routine patrols orders where feasible.
     Providing other agencies with platforms to conduct 
critical marine protected species research and recovery efforts during 
stranding and recovery operations, subject to availability of 
resources.
     Providing applicable marine mammal specific training 
through Coast Guard Regional Fisheries Training Centers to help prevent 
adverse interactions with marine mammals.
     Participating in NMFS' Marine Mammal Health and Stranding 
Response Program as a Co-Investigator. Via this designation, Coast 
Guard personnel provide the following support to NMFS with regard to 
distressed marine mammals: (a) Temporarily restraining and/or holding 
in captivity, (b) disentangling, (c) transporting, (d) attaching tags, 
(e) euthanizing, and (f) collecting samples.
     Implementing formal guidelines for disposal of animal 
carcasses.
     Providing opportunistic marine mammal sighting information 
to the National Marine Mammal Laboratory's Platforms of Opportunity 
Program (POP).
     Investigating and modifying procedures as needed in 
response to all complaints and concerns regarding environmental 
disturbance incidental to operations.
    Alternative 2--Enhance protected species and area training for 
vessel crews: This alternative would include all of the actions of 
Alternative 1, as well as possible modifications for Coast Guard 
Officer on Deck (OOD), boat operator and look-out training for 
protected species identification, behavioral characteristic 
recognition, spotting techniques, and vessel operation around protected 
species and in protected areas. The Coast Guard would continue to post 
a look-out on its vessels. Posting a look-out and identifying and 
avoiding objects in the water are standard operating procedures aboard 
Coast Guard vessels of all sizes. This measure ensures the safety of 
the crew, minimizes vessel damage, and protects wildlife in the area. 
However, marine mammals and turtles are often very difficult to spot, 
and collisions may still occur, especially at night or if weather 
conditions are adverse (e.g., foggy or windy). Spotting marine mammals 
and turtles, and maneuvering around them is an acquired skill that 
comes with experience and education.
    Alternative 3--Enhance protected species and area training for Air 
Station flight crews: This alternative would include all of the actions 
of Alternative 1, as well as possible modifications for Coast Guard Air 
Station flight crew training for protected species identification, 
behavioral characteristic recognition, spotting techniques, and 
aircraft operation around protected species and in protected areas.
    Alternative 4--Mandatory vessel speed restrictions for Coast Guard 
vessels transiting protected species migratory and high-use areas 
during non-emergency operations: In addition to all the actions under 
Alternative 1, this alternative would establish mandatory speed limits 
for Coast Guard vessels operating in known protected species migratory 
or high-use areas under normal circumstances (not to include emergency 
operations). Emergency operations are defined as those operations for 
which rapid response is required to avoid the loss of life and property 
(e.g., Search and Rescue). They include urgent law enforcement 
incidents and matters of national security, and are defined by 
operational commanders on a case-by-case basis. The mandatory speed 
limit would only apply during non-emergency operations such as area 
familiarization trips, routine law enforcement patrols, and training 
exercises.
    Alternative 5--Mandatory Whale Reporting Program for Coast Guard 
vessels and aircraft: In addition to all of the actions under 
Alternative 1, this alternative would establish a real-time web-based 
Whale Reporting Program within the Coast Guard. This program would be 
maintained centrally by the PACAREA Office and would collect vital 
information on real-time locations of live, dead, injured, or entangled 
whales. All units would be required to report the following information 
for any whale sighting: time and location of sighting, distinctive 
features of the animal and its estimated length, signs of injury or 
entanglement, description of behavior and injuries, condition of 
carcass for dead whales, and contact information of reporter. Reports 
could be provided via phone, email, or fax. The website would allow for 
regional sorting so that in preparation for (or during) a patrol, units 
would be able to log on to the website and receive vital real-time 
regional sighting information for the area in which they will be 
transiting/patrolling.

Public Involvement and Scoping Meetings,

    Public scoping meetings will be held as follows:
    1. Tuesday, April 4, 2006, Oakland, California--Informational Open 
House, 4-6 p.m., Scoping Comment Meeting, 7-9 p.m., Waterfront Plaza 
Hotel, Ten Washington Street, Oakland, CA 94607, (415) 486-8148.
    2. Thursday, April 6, 2006, 7-10 p.m., Seattle, WA--Informational 
Open House, 4-6 p.m., Scoping Comment Meeting, 7-9 p.m., Seattle 
Hilton, 1301 6th Avenue, Seattle, Washington 98101, (206) 695-6060.
    Request for Comments: The Coast Guard provides this notice to 
advise the public and other agencies of the Coast Guard's intentions, 
to obtain suggestions and information on the scope of issues to include 
in the EIS, and to request comments from those parties that may be 
interested or affected by these proposed alternatives. Comments and 
suggestions are invited from all interested parties to ensure that the 
full range of issues related to this proposed action and all 
significant issues are identified. The Coast Guard requests that 
comments be as specific as possible. In particular, the agency requests 
information regarding: (1) Examples of positive and negative impacts of 
Coast Guard operations and activities on marine resources, species and 
areas within California, Oregon, and Washington, (2) suggested measures 
to avoided or reduce negative operational impacts on the environment 
(3) comments regarding alternatives already under consideration, (4) 
suggestions of additional alternatives to consider, and (5) maps, data 
sources and specific information regarding distribution and abundance 
of marine protected species within California, Oregon, and Washington, 
as well specific information about the status of or threats to these 
species.


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    Dated: March 14, 2006.
S.D. Genovese,
Captain, U.S. Coast Guard, Chief, Office of Law Enforcement.
 [FR Doc. E6-4021 Filed 3-20-06; 8:45 am]
BILLING CODE 4910-15-P