[Federal Register Volume 75, Number 134 (Wednesday, July 14, 2010)]
[Proposed Rules]
[Pages 40759-40760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17083]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922


Initiation of Review of Management Plan/Regulations of the 
Hawaiian Islands Humpback Whale National Marine Sanctuary; Intent To 
Prepare Draft Environmental Impact Statement and Management Plan; 
Scoping Meetings

AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean 
Service (NOS), National Oceanic and Atmospheric Administration (NOAA), 
Department of Commerce (DOC).

ACTION: Notice of Intent to Initiate Review of Management Plan/
Regulations; Intent to Prepare Environmental Impact Statement; Scoping 
Meetings.

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SUMMARY: In accordance with section 304(e) of the National Marine 
Sanctuaries Act, as amended, (NMSA) (16 U.S.C. 1431 et seq.), the 
Office of National Marine Sanctuaries (ONMS) of the National Oceanic 
and Atmospheric Administration (NOAA) has initiated a review of the 
Hawaiian Islands Humpback Whale National Marine Sanctuary (HIHWNMS or 
sanctuary) management plan, to evaluate substantive progress toward 
implementing the goals for the sanctuary, and to make revisions to its 
management plan and regulations as necessary to fulfill the purposes 
and policies of the NMSA and the Hawaiian Islands National Marine 
Sanctuary Act (HINMSA; Title II, Subtitle C, Pub. L. 102-587). The 
present management plan was written as part of the sanctuary's 
management plan review process in 2002 and did not contain any 
regulatory or boundary changes from the implementing regulations that 
became effective December 29, 1999 (64 FR 63262). NOAA anticipates 
completion of the revised management plan and concomitant documents 
will require approximately thirty-six months from the date of 
publication of this Notice of Intent. The management plan review 
process occurs concurrently with a public process under the National 
Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.). This notice 
also confirms that NOAA will coordinate its responsibilities under 
section 106 of the National Historic Preservation Act (NHPA, 16 U.S.C. 
470) with its ongoing NEPA process, pursuant to 36 CFR 800.8(a)--
coordination with NEPA--including the use of NEPA documents and public 
and stakeholder meetings to also meet the section 106 requirements.

DATES: All comments on issues related to the continued management of 
the Hawaiian Islands Humpback Whale National Marine Sanctuary will be 
considered if received on or before October 16, 2010. See SUPPLEMENTARY 
INFORMATION section below for the dates, times, and locations of the 
public scoping meetings.

ADDRESSES: All written inquiries and comments may be sent to: 
Management Plan Review Coordinator, Hawaiian Islands Humpback Whale 
National Marine Sanctuary, 6600 Kalaniana'ole Highway, Suite 301, 
Honolulu, Hawai'i 96825 or faxed to (808) 397-2650.
    Electronic comments may be sent to: [email protected].
    All comments received are a part of the public record. All Personal 
Identifying Information (for example, name, address, etc.) voluntarily 
submitted by the commenter may be publicly accessible. Do not submit 
confidential business information or otherwise sensitive or protected 
information. NOAA will accept anonymous comments. Attachments to 
electronic comments will be accepted in Microsoft Word, Excel, 
Wordperfect, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Malia Chow, Policy Advisor, Telephone: 
(808) 397-2651.

SUPPLEMENTARY INFORMATION: 

Background Information

    The Hawaiian Islands Humpback Whale National Marine Sanctuary 
(sanctuary) was designated by Congress in 1992 as the 12th national 
marine sanctuary in the U.S. Its primary mission is to protect humpback 
whales (Megaptera novaeangliae) and their habitat in Hawai'i. The 
sanctuary enables citizens and government to work collectively on 
safeguarding humpback whale breeding and calving range in waters around 
the main Hawaiian Islands, an area that supports over half the North 
Pacific humpback whale population and constitutes one of the world's 
most important humpback whale habitats. Encompassing 3,548 square 
kilometers (1,370 square miles) of federal and state waters surrounding 
the main Hawaiian Islands, the sanctuary extends from the shoreline to 
the 100-fathom isobath (183-meter or 600 foot depth) and is composed of 
five separate marine protected areas (MPAs) accessible from six of the 
eight main Hawaiian Islands. The sanctuary's configuration presents 
unique challenges and opportunities for protecting sanctuary resources, 
developing programs, and increasing public awareness of humpback whales 
throughout the state.
    In accordance with Section 304(e) of the National Marine 
Sanctuaries Act, as amended (NMSA), 16 U.S.C. 1431 et seq., the Office 
of National Marine Sanctuaries (ONMS) of the National Oceanic and 
Atmospheric Administration (NOAA) is initiating a review of the current 
management plan to evaluate the substantive progress made toward 
implementing the goals for the sanctuary, and to make revisions to the 
plan and regulations as necessary to fulfill the purposes and policies 
of the NMSA. The proposed revised management plan may involve changes 
to existing policies and regulations of the sanctuary, as well as 
address current and emerging topics, challenges, and opportunities to 
better protect and manage the sanctuary's resources and qualities. The 
review process is composed of four primary stages:
    (1) Information collection and characterization, including public 
scoping meetings;
    (2) Preparation and release of a revised draft management plan/
environmental evaluation that includes any proposed new regulations or 
amendments to current regulations;
    (3) Public review and comment on the draft plan; and
    (4) Preparation and release of a final management plan/
environmental evaluation that could also include new regulations to 
fully implement the revised management plan.
    NOAA anticipates that the completion of the revised management plan 
and concomitant documents will require approximately twenty-four to 
thirty-six months.

[[Page 40760]]

    NOAA is opening a public comment period to:
    1. Solicit public comments and identify issues on the continued 
management of the Hawaiian Islands Humpback Whale National Marine 
Sanctuary; and
    2. Help determine the scope of issues to be addressed in the 
preparation of a management plan and an environmental impact statement 
(EIS) pursuant to the National Environmental Policy Act (NEPA), if 
warranted; and
    3. Conduct a series of statewide scoping meetings across the State 
of Hawai'i to collect public comment. The intent of the scoping 
meetings is to gather information and other comments from individuals, 
organizations, and government agencies on the scope, types, and 
significance of issues related to the sanctuary's management plan and 
regulations. These scoping meetings will also help determine the scope 
of issues to be addressed in the preparation of an EIS pursuant to the 
NEPA, 43 U.S.C. 4321 et seq., if warranted. The public scoping meeting 
schedule is presented below.
    This notice confirms that NOAA will coordinate its responsibilities 
under section 106 of the National Historic Preservation Act (NHPA, 16 
U.S.C. 470) with its ongoing NEPA process, pursuant to 36 CFR 
800.8(a)--coordination with NEPA--including the use of NEPA documents 
and public and stakeholder meetings to also meet the section 106 
requirements. The NHPA specifically applies to any agency undertaking 
that has an adverse effect on historic properties. Pursuant to 36 CFR 
800.16(1)(1), historic properties includes: ``any prehistoric or 
historic district, site, building, structure or object included in, or 
eligible for inclusion in, the National Register of Historic Places 
maintained by the Secretary of the Interior. The term includes 
artifacts, records, and remains that are related to and located within 
such properties. The term includes properties of traditional religious 
and cultural importance to an Indian tribe or Native Hawaiian 
organization and that meet the National Register criteria.''
    In coordinating its responsibilities under the NHPA and NEPA, NOAA 
intends to identify consulting parties; identify historic properties 
and assess the effects of the undertaking on such properties; initiate 
formal consultation with the Hawaii State Historic Preservation 
Officer, the Advisory Council of Historic Preservation, and other 
consulting parties; involve the public in accordance with NOAA's NEPA 
procedures, and develop in consultation with identified consulting 
parties alternatives and proposed measures that might avoid, minimize 
or mitigate any adverse effects on historic properties and describe 
them in any Environmental Assessment or Draft Environmental Impact 
Statement.
    Public Scoping Meetings: The public scoping meetings will be held 
on the following dates and at the following locations beginning at 6 
p.m. unless otherwise noted:

1. Hilo, Hawai'I, Tuesday, August 10, Mokup[amacr]papa Discovery 
Center, 308 Kamehameha Avenue, Suite 109, Hilo, HI 96720.
2. Kailua-Kona, Hawai'I, Wednesday, August 11, Outrigger Keauhou Beach 
Resort, 78-6740 Ali'i Drive, Kailua-Kona, HI 96740.
3. Honolulu, O'ahu, Thursday, August 12, 5:30 p.m. to 8:30 p.m., 
Central Union Church, 1660 South Beretania Street, Honolulu, HI 96826.
4. L[imacr]hu'e, Kaua'I, Saturday, August 14, 9 a.m. to 12 p.m., 
Chiefess Kamakahelei Middle School Cafeteria, 4431 Nuhou Street, 
L[imacr]hu'e, HI 96766.
5. Kilauea, Kaua'I, Saturday, August 14, 4 p.m. to 7 p.m., Kaua'i 
Christian Academy Library, 4000 Kilauea Road, Kilauea, HI 96754.
6. K[imacr]hei, Maui, Monday, August 16, Lokilani Middle School, 1401 
Liloa Drive, K[imacr]hei, HI 96753.
7. Lahaina, Maui, Tuesday, August 17, Lahaina Civic Center, 1840 
Honoapi'ilani Highway, Lahaina, HI 96761.
8. Kaunakakai, Moloka'I, Wednesday, August 18, Mitchell Pauole Center, 
90 Ainoa Street, Kaunakakai, HI 96748.
9. Hale'iwa, O'ahu, Monday, August 23, Sunset Beach Elementary School, 
59-360 Kamehameha Highway, Hale'iwa, HI 96712.
10. Lana'i City, Lana'I, Wednesday, August 26, Lana'i High and 
Elementary School, 555 Fraser Avenue, Lana'i City, HI 96763.

Condition Report

    In preparation for management plan review, NOAA has produced a 
Hawaiian Islands Humpback Whale National Marine Sanctuary 2010 
Condition Report. The Condition Report provides a summary of resources, 
with a specific focus on humpback whales in the sanctuary, pressures on 
those resources, the current condition and trends, and management 
responses to the pressures that threaten the integrity of the marine 
environment. Specifically, the Condition Report includes information on 
the status and trends of water quality, habitat, living resources and 
maritime archaeological resources and the human activities that affect 
them. The report serves as a supporting document for the Management 
Plan Review Process, to inform constituents of the current status of 
humpback whales in the sanctuary.
    An electronic copy of the final Hawaiian Islands Humpback Whale 
National Marine Sanctuary 2010 Condition Report is available to the 
public on the Internet at: http://sanctuaries.noaa.gov/science/condition/welcome.html or it can be accessed from the HIHWNMS Web site 
at: http://hawaiihumpbackwhale.noaa.gov/.

Scoping Comments

    Scoping meetings provide an opportunity to make direct comments to 
NOAA on the management of the sanctuary's natural and cultural 
resources, including administrative programs. We encourage the public 
to participate and welcome any comments related to the sanctuary. In 
particular, we are interested in hearing about the public's view on the 
sanctuary's potential management priorities for the next ten to fifteen 
years. Specifically, the sanctuary is seeking input on a proposal to 
expand its scope and direction to protect and conserve other living 
marine resources, in addition to humpback whales and submerged cultural 
heritage resources within the sanctuary. This proposal is detailed in 
the State of the Sanctuary Report Special Management Plan Review 
Edition and is available to the public on the Internet at: http://hawaiihumpbackwhale.noaa.gov/management/management_plan_review.html.

    Authority: 16 U.S.C. 1431 et seq; 16 U.S.C. 470.
(Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary 
Program)

    Dated: July 7, 2010.
Daniel J. Basta,
Director for the Office of National Marine Sanctuaries.
[FR Doc. 2010-17083 Filed 7-13-10; 8:45 am]
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