[Federal Register Volume 71, Number 184 (Friday, September 22, 2006)]
[Notices]
[Pages 55432-55434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8077]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Draft Framework for Developing the National System of Marine 
Protected Areas

AGENCY: National Oceanic and Atmospheric Administration (NOAA), 
Department of Commerce (DOC).

ACTION: Notice of availability and solicitation of public comments on 
the Draft Framework for Developing the National System of Marine 
Protected Areas.

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SUMMARY: NOAA and the Department of the Interior (DOI) jointly propose 
the Draft Framework for Developing the National System of Marine 
Protected Areas (Draft Framework), as required by

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Executive Order 13158 on Marine Protected Areas (MPAs). This Draft 
Framework provides overarching guidance for collaborative efforts among 
Federal, State, tribal and local governments and stakeholders to 
develop an effective National System of MPAs (National System) from 
existing sites, build coordination and collaborative efforts, and 
identify ecosystem-based gaps in the protection of significant natural 
and cultural resources for possible future action by the nation's MPA 
authorities. The document further provides the guiding principles, key 
definitions, goals, and objectives for the National System, based on 
the breadth of input received from MPA stakeholders and governmental 
partners around the nation over the past several years. The intent of 
this document is to solicit additional public input on the proposed 
Draft Framework in order to develop a final document that meets the 
nation's interests in the National System.

DATES: Comments must be received before 11:59 p.m. EDT, February 14, 
2007.

ADDRESSES: All comments regarding the Draft Framework should be 
submitted to Joseph Uravitch, National MPA Center, N/ORM, NOAA, 1305 
East-West Highway, Silver Spring, Maryland 20910. Comments sent via e-
mail should be sent to [email protected], and all comments sent by 
fax should be sent to 301-713-3110. E-mail and fax comments should 
state ``Draft Framework Comments'' in the subject line.

FOR FURTHER INFORMATION CONTACT: Please direct all questions and 
requests for additional information concerning the Draft Framework, as 
well as for paper copies of the document to: Jonathan Kelsey, NOAA, at 
301-713-3100, ext. 130 or via e-mail at [email protected]. E-mail 
requests should state either ``Question'' or ``Paper Copy Request'' in 
the subject line. An electronic copy of the Draft Framework is 
available for download at http://www.mpa.gov/.

SUPPLEMENTARY INFORMATION: The National Oceanic and Atmospheric 
Administration's (NOAA) National Marine Protected Areas Center (MPA 
Center), in cooperation with the Department of the Interior (DOI), has 
developed a Draft Framework for Developing the National System of MPAs 
(Draft Framework) to meet requirements under Executive Order 13158 on 
Marine Protected Areas (Order). The purpose of this notice is to 
solicit additional input and comments on the Draft Framework from 
governments and stakeholders in order to ensure that the final document 
represents the diversity of the nation's interests in the marine 
environment and MPAs. NOAA and DOI recognize the principal role that 
State and tribal governments, along with Federal agencies, must have in 
developing and implementing the National System. Roughly 85% of the 
nation's existing place-based conservation areas are under the 
jurisdiction of non-Federal governments. The significance of these 
government-to-government relationships and the marine resources managed 
by States and tribes necessitates this national, rather than Federal, 
approach to building the National System. In developing this Draft 
Framework, NOAA and the DOI have made and will continue to expand 
efforts to understand and incorporate, as appropriate, the 
recommendations of government partners concerning a structure and 
function for the National System that builds partnerships with and 
supports the efforts and voluntary participation of State, tribal, and 
local governments. MPA stakeholders and Federal and non-Federal 
government partners alike are encouraged to review and provide comments 
on the Draft Framework so that it supports the variety of MPA efforts 
and interests around the country.
    Increasing impacts on the world's oceans, caused by development, 
overfishing, and natural events, are straining the health of our 
coastal and marine ecosystems. Some of these impacts to the marine and 
Great Lakes environment have resulted in declining fish populations; 
degradation of coral reefs, seagrass beds, and other vital habitats; 
threats to rare or endangered species; and loss of artifacts and areas 
that are part of our nation's historic and cultural heritage. The 
effects of these mounting losses are being directly felt in the social 
and economic fabric of our nation's communities.
    MPAs offer a promising ocean and coastal management tool to 
mitigate or buffer these impacts. It is important to clarify that the 
term ``MPA,'' as used here, is not synonymous with or limited to ``no-
take areas'' or ``marine reserves.'' Instead, the term ``MPA'' denotes 
an array of levels of protection, from areas that allow multiple use 
activities to those that restrict take and/or access. When used 
effectively and in conjunction with other management tools, MPAs can 
help to ensure healthy Great Lakes and oceans by contributing to the 
overall protection of critical marine habitats and resources. In this 
way, effective MPAs can offer social and economic opportunities for 
current and future generations, such as tourism, biotechnology, 
fishing, education, and scientific research.
    Since 2001, the MPA Center and its Federal, State, and tribal 
partners have been collecting information on the vast array of the 
nation's place-based marine conservation areas, including those 
generally considered MPAs, to serve as the foundation for building the 
National System. This inventory has resulted in the identification of 
at least 1,500 place-based sites established by hundreds of Federal and 
State authorities. A number of these existing sites are further managed 
as systems by their respective agencies or programs. The types of sites 
found range from multiple-use areas to no-take reserves. The vast 
majority of these areas allow multiple uses, and less than one percent 
of the total area under management in the United States (U.S.) is no-
take. This inventory has also revealed a dramatic increase in the use 
of MPAs over the past several decades. Most MPAs in the U.S. have been 
established since 1970, and most allow recreational and commercial 
uses. With this expanded use of MPAs have come many new and enhanced 
protections to natural and cultural resources. A preliminary analysis 
of U.S. place-based conservation efforts reveals important trends in 
how these areas, including MPAs, are being used to conserve some of the 
nation's most significant marine resources. The emerging results 
illustrate that while there are many such areas currently in U.S. 
waters, these diverse sites vary widely in mandate, jurisdiction, 
purpose, size, and level of protection.
    Moreover, this initial analysis illustrates how the growing 
recognition of MPAs as essential conservation tools has resulted in a 
multitude of new MPA programs and authorities at all levels of 
government, often times for a sole purpose or objective. There also are 
a number of good examples where MPA efforts are coordinated locally 
across programs and levels of government; however, there is no larger 
framework for collaborating MPA efforts across ecosystems and 
nationally to meet common goals. This complex environment leads to 
public confusion, and, in many cases, conservation efforts that are not 
as effective as they could be with better coordination. The results of 
this initial analysis have further reinforced the need for a National 
System and provided much of the baseline information to begin building 
it.
    In recognition of the key role MPAs can play and their growing use, 
the U.S. is developing an effective National

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System to support the effective stewardship, lasting protection, 
restoration, and sustainable use of the nation's significant natural 
and cultural marine resources. The MPA Center is charged by the Order 
to carry out these requirements in cooperation with DOI. Neither the 
Order nor the National System establishes any new legal authorities to 
designate or manage MPAs, nor do they alter any existing State, 
Federal, or tribal laws or programs.
    In addition, the U.S. Ocean Action Plan (USOAP) outlines a variety 
of actions for promoting the responsible use and stewardship of ocean 
and coastal resources for the benefit of all Americans. A Cabinet-level 
``Committee on Ocean Policy'' (COP) was established by Executive Order 
13366 (December 17, 2004) to coordinate the activities of executive 
branch departments and agencies regarding ocean-related matters in an 
integrated and effective manner to advance the environmental and 
economic interests of present and future generations of Americans. The 
President further directs the Executive branch agencies to facilitate, 
as appropriate, coordination and consultation regarding ocean-related 
matters among Federal, State, tribal, local governments, the private 
sector, foreign governments, and international organizations. 
Subcommittees of the COP also have been formed as part of the ocean 
governance structure described in the USOAP, including the Subcommittee 
on Integrated Management of Ocean Resources (SIMOR) and the Joint 
Subcommittee on Ocean Science and Technology. Many of the activities 
outlined in the USOAP and the subsequent work plans of the COP's 
subcommittees complement efforts to develop the National System. 
Similarly, many of the collaborative actions under the National System 
may offer opportunities to help advance the USOAP. As these efforts 
proceed, the MPA Center will work closely with SIMOR to evaluate 
progress and plans for developing the National System in order to 
ensure coordination and consistency with the USOAP's governance 
structure and overall approach.
    The MPA Center has developed this Draft Framework based on 
information from the initial analysis of information about existing 
place-based conservation efforts, along with comments from hundreds of 
individuals at nearly sixty meetings, initial tribal consultations, and 
recommendations from Federal, non-governmental and State advisory 
groups. As a result, the proposed collaborative development of an 
effective National System outlined in this document provides a 
structure for an assemblage of MPA sites, systems, and networks 
established and managed by Federal, State, tribal, and local 
governments to collectively work together at the regional and national 
levels to achieve common objectives for conserving the nation's vital 
natural and cultural resources.
    By establishing an effective structure for working together, the 
National System will help to increase the efficient protection of 
important marine resources; contribute to the nation's overall social 
and economic health; support government agency cooperation and 
integration; and improve the public's access to scientific information 
and decision-making about the nation's marine resources. The efforts of 
the National System are also intended to benefit participating State, 
tribal, Federal, and local government partners through collaborative 
efforts to identify shared priorities for improving MPA effectiveness 
and develop partnerships to provide assistance in meeting those needs. 
Further, it provides a foundation for cooperation with other countries 
to conserve resources of common concern.
    In submitting your comments on the Draft Framework, please remember 
that comments submitted by e-mail are preferred; however, those 
submitted by mail and fax will also be accepted. An extended comment 
period of 145 days is being provided in order to accommodate the 
quarterly meeting schedules of some organizations, including regional 
fishery management councils.

Classification

Regulatory Planning and Review

    This action is not a regulatory action subject to E.O. 12866 (58 FR 
51735, October 4, 1993).

Energy Effects

    NOAA and DOI have determined that this action will have no effect 
on energy supply, distribution, or use and is therefore not a 
``significant energy action'' as defined by Executive Order 13211 (66 
FR 28355, May 18, 2001). No Statement of Energy Effects is required and 
therefore none has been prepared.

Government to Government Relationship With Tribes

    E.O. 13175--Consultation and Coordination with Indian Tribal 
Governments-- outlines the responsibilities of the Federal Government 
regarding its policies with tribal implications, i.e., regulations, 
legislative comments or proposed legislation, and other policy 
statements or actions that have substantial direct effects on one or 
more Indian tribes, on the relationship between the Federal Government 
and Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes (65 FR 67249, November 
9, 2000). Pursuant to E.O. 13175, we will consult with tribal 
governments as the National System is developed.

Administrative Procedure Act

    Pursuant to authority at 5 U.S.C. 533(b)(A), prior notice and an 
opportunity for public comment are not required to be given, as this 
document concerns agency procedure or practice. Nevertheless, NOAA and 
DOI want the benefit of the public's comment and are hereby giving 
prior notice and opportunity for public comment.

    Dated: July 12, 2006.
Conrad C. Lautenbacher, Jr.,
Vice Admiral, U.S. Navy (Ret.), Under Secretary of Commerce for Oceans 
and Atmosphere.
[FR Doc. 06-8077 Filed 9-21-06; 8:45 am]
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