[Federal Register Volume 84, Number 190 (Tuesday, October 1, 2019)]
[Proposed Rules]
[Pages 52053-52055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20247]
[[Page 52053]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 922
Initiation of Review of Management Plan for Channel Islands
National Marine Sanctuary; Intent To Conduct Scoping and Prepare Draft
Environmental Analysis and Management Plan
AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Initiation of review of management plan; intent to conduct
scoping and prepare environmental analysis under the National
Environmental Policy Act.
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SUMMARY: In accordance with Section 304(e) of the National Marine
Sanctuaries Act, as amended (NMSA), the Office of National Marine
Sanctuaries (ONMS) of the National Oceanic and Atmospheric
Administration (NOAA) is initiating a review of the Channel Islands
National Marine Sanctuary (CINMS or sanctuary) management plan, to
evaluate substantive progress toward implementing the goals of the
sanctuary, and to make revisions to the management plan as necessary to
fulfill the purposes and policies of the NMSA. NOAA anticipates
management plan changes will require preparation of an environmental
analysis under the National Environmental Policy Act (NEPA). NOAA will
conduct public scoping meetings to gather information and other
comments from individuals, organizations, tribes and government
agencies on the scope, types, and significance of issues related to the
CINMS management plan and the proper scope of environmental analysis
for the management plan review. The scoping meetings are scheduled as
detailed below under DATES.
DATES: Written comments should be received on or before November 15,
2019. Public scoping meetings will be held on:
(1) Tuesday, October 22, 2019, 6-8 p.m., at Faulkner Gallery, Santa
Barbara Public Library, 40 E Anapamu St., Santa Barbara, CA 93101.
(2) Wednesday, October 23, 2019, 6-8 p.m., at Poinsettia Pavilion,
3451 Foothill Road, Ventura, CA 93003.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NOS-2019-0110, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NOS-2019-0110, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: UCSB Ocean Science Education, Building 514/MC 6155,
Santa Barbara, California 93106, Attn: Chris Mobley, Superintendent.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NOAA. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personally identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NOAA will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT: Michael Murray, 805-893-6418,
[email protected].
SUPPLEMENTARY INFORMATION:
Background
Channel Islands National Marine Sanctuary (CINMS or sanctuary) was
designated in October 1980. It spans 1,470 square miles (1,110 square
nautical miles) of southern California marine waters surrounding five
offshore islands. The sanctuary boundary begins at the Mean High Water
Line and extends seaward to a distance of approximately six nautical
miles from the following islands and offshore rocks: San Miguel Island,
Santa Cruz Island, Santa Rosa Island, Anacapa Island, Santa Barbara
Island, Richardson Rock, and Castle Rock. CINMS is administered by
NOAA, within the U.S. Department of Commerce, and was designated to
conserve, protect, and enhance the biodiversity, ecological integrity,
and cultural legacy of marine resources surrounding the Channel Islands
for current and future generations. Sanctuary programs in education,
conservation, science, and stewardship help protect CINMS and its
nationally-significant resources, while promoting public use and
enjoyment through compatible human activities.
The current CINMS management plan was published in 2009, and is
available on the internet here: https://channelislands.noaa.gov/management/manplan/welcome.html.
In 2018, NOAA completed an internal assessment of progress toward
implementation of the 2009 management plan. The assessment found that
89% (123 of 138 activities) of the management plan's activities had
been fully or partially completed or were still being implemented as
ongoing functions, while 11% (15 of 138 activities) were not yet
started or had been placed on hold. Results of the 2018 internal
assessment were discussed at a public meeting of the sanctuary advisory
council in May 2018.
Reviewing the CINMS management plan may result in proposed changes
to existing programs and policies to address contemporary issues and
challenges, and to better protect and manage the sanctuary's resources
and qualities. The review process is composed of four major stages: (1)
Information collection and characterization; (2) preparation and
release of a draft management plan and environmental document under
NEPA, and any proposed amendments to the regulations; (3) public review
and comment; and (4) preparation and release of a final management plan
and environmental document, and any final amendments to the
regulations, if applicable. NOAA will also address other statutory and
regulatory requirements that may be required pursuant to the Endangered
Species Act (ESA), Marine Mammal Protection Act, Essential Fish Habitat
(EFH) provisions of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act), Coastal Zone Management Act
(CZMA), National Historic Preservation Act (NHPA), and tribal
consultation responsibilities under Executive Order 13175.
Condition Report
To inform the management plan review, in 2019, NOAA updated the
CINMS Condition Report, which was first published in 2009. The new
condition report provides an updated summary of sanctuary resources,
drivers and pressures on those resources, current conditions and trends
for resources, and existing management responses to identified
pressures, and introduces a new section on ecosystem services. The
report uses quantitative data gathered through 2016, expert scientific
input, and a focus on select ecosystem indicators to update the
conditions and changes in water quality, habitat, living resources, and
maritime archaeological resources in the sanctuary. Overall, the
condition report
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indicates that sanctuary resources are doing well in comparison to
other parts of the world's ocean. Many sanctuary resources are showing
relative stability or improvement since 2009, including water quality
(which is safe for swimming and recreation), nutrient levels, shoreline
and seafloor habitats, many fish species, overall native sanctuary
biodiversity, and the maritime archaeological resources. The 2019
condition report also identifies some pressures and activities that
have impacts on sanctuary resources, such as vessel traffic,
introduction of non-native species, ocean noise, marine debris, harmful
algal blooms, and climate-driven changes to ocean conditions. An
ecosystem services assessment is introduced to the condition report, as
well as an ecosystem assessment independently authored by members of
the Chumash community. The 2019 condition report is available on the
internet at: https://sanctuaries.noaa .gov/science/condition/cinms/
welcome .html.
Preliminary Priority Topics
NOAA has prepared a preliminary list of priority topics to consider
during the CINMS management plan review process. NOAA is interested in
public comment on these topics, as well as any other issues of interest
that are relevant to the CINMS management plan review (including
additional topics raised through public comment, and tribal and
interagency consultation).
Partnership-Based Management
Through collaborative partnerships with other federal and state
agencies, universities, and many other organizations, NOAA is
interested in providing effective and coordinated management of marine
resources and human activities within CINMS. This includes partnerships
that enhance scientific research, sustain ongoing monitoring of
environmental and socioeconomic conditions, enforce regulations, share
community-based initiatives, and implement effective education,
outreach, and volunteer programs. NOAA seeks input on strengthening and
optimizing partnerships within the sanctuary to increase management
effectiveness.
Climate-Driven Impacts
NOAA is a leader in developing tools to educate the public
education about climate change impacts on CINMS, such as ocean
acidification. NOAA also measures climate change impacts in and around
the sanctuary and supports partner organizations that do the same. This
includes changes to pH within the sanctuary and changes to deep sea
corals. With changes expected in the occurrence of cyclic and seasonal
phenomena, rising sea levels, and shifts in species distributions, NOAA
will look for opportunities to effectively respond by adapting
operations and management approaches to mitigate climate impacts.
Collaborative Research and Monitoring
There is a continuing need for characterization, research, and
monitoring to understand baseline conditions of marine resources and
human activities, ecosystem functions, the status and trends of
biological and historic resources, and changing socioeconomic
conditions within CINMS. Findings from research and monitoring help
inform sound management of activities in CINMS. Anticipated priority
areas of scientific study for CINMS, or partner-led programs, include,
but are not limited to: Improving understanding of the distribution of
large transient species (e.g., giant seabass and sharks); monitoring
habitats of interest and concern within the sanctuary (e.g., deep sea
coral gardens); increasing the amount of sanctuary seafloor mapped;
improving knowledge of acoustic habitats within CINMS; understanding
and quantifying human use of CINMS; and tracking pollutant levels in
sanctuary sediments, water samples, and fish tissues. In support of
these science activities, NOAA seeks to continue working with a variety
of partners aboard CINMS research vessels.
Protection of Sanctuary Resources
Using an ecosystem-based approach to management, NOAA examines and
evaluates existing and potential resource management issues that may
adversely affect sanctuary resources. CINMS regulations protect
sanctuary resources while allowing for compatible uses. Anticipated
priorities for resource protection activities that are either led by
NOAA or supported by partner-led programs include, but are not limited
to: Continued efforts to reduce the risk of lethal ship strikes to
endangered whales through innovative approaches designed to elicit
cooperative behavior from the shipping industry (e.g., vessel speed
reduction programs); detection and control actions to limit
introductions of non-native species (e.g., Undaria pinnatifida and
Sargassum horneri); working with partners to ensure continued
protection of species and habitats within the state and federal network
of marine reserves and marine conservation areas established within
CINMS; assisting with efforts to restore endangered white abalone; and
pursuing innovative and collaborative approaches to reduce the amount
of marine debris accumulating within CINMS (e.g., removal of lost
fishing gear and floating plastic debris). NOAA seeks to continue and
enhance its collaborative approach to enforcing federal and state rules
and regulations applicable within the sanctuary to protect sanctuary
resources. NOAA expects to continue developing remote technology tools
(e.g., shore-based radar systems and mobile applications) that make
monitoring and patrol operations more streamlined and effective.
Education, Outreach, and Citizen Science
Enhancing public awareness and appreciation of sanctuary resources
is a cornerstone of the CINMS mission. Recent initiatives and
advancements offer the potential for NOAA and its partners to enhance
and expand education and outreach programming to reach larger
audiences. These advancements include using remote video-link
technologies, developing mobile applications to enhance community
science activities, improving video production, and partnering with the
recreation and tourism industry. NOAA is also committed to continuing
shipwreck discovery missions within the sanctuary and providing
compelling public education about these maritime heritage discoveries.
NOAA is seeking the public's view on developing and improving programs
designed to enhance public awareness and stewardship, support
environmentally responsible recreation and tourism, sustain volunteer
contributions, and improve socioeconomic understanding of visitor use.
NOAA is also interested in collaboratively developing educational
programming in partner facilities open to public visitation. Facilities
include the east wing of the Ocean Science Education Building at the
University of California Santa Barbara, and the Channel Islands Boating
Center in Oxnard.
Regulatory and Boundary Changes
In preparing for public scoping, NOAA has not identified the need
for any changes to CINMS regulations, such as adjustments to the
regulations or boundaries of the marine reserve and conservation area
network within the sanctuary, or changes to the sanctuary's boundary.
However, regulatory changes may be considered based on a review of
public scoping comments and, if proposed, would be presented for public
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review with the publication of a proposed rulemaking.
Public Comments
NOAA is interested in hearing the public's views on:
The potential impacts of ongoing and proposed sanctuary
activities discussed above, and ways to mitigate impacts to sanctuary
resources.
The preliminary priority topics discussed above, and
whether these are the appropriate priority topics, or if there are
additional topics NOAA should consider.
The effectiveness of the existing management plan in
meeting the mandates of the NMSA (16 U.S.C. 1431 et seq.) and
supporting the mission and goals expressed in the current strategic
plan for the National Marine Sanctuary System (available on the
internet here: https://sanctuaries.noaa.gov/about/five-year-strategy-
2017-2022.html).
Federal Consultations
This document also advises the public that NOAA will coordinate its
consultation responsibilities under section 7 of the ESA, EFH under the
Magnuson-Stevens Act, section 106 of the NHPA (16 U.S.C. 470), and
Federal Consistency review under the CZMA. Through its ongoing NEPA
process and the use of NEPA documents and public and stakeholder
meetings, NOAA will also coordinate compliance with other federal laws.
In fulfilling its responsibility 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 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 analysis.
NOAA will also initiate communications and consultation steps with
relevant federally recognized tribal governments pursuant to Executive
Order 13175, Department of Commerce tribal consultation policies, and
NOAA procedures for government-to-government consultation with
federally recognized Indian Tribes.
Authority: 16 U.S.C. 1431 et seq.
John Armor,
Director, Office of National Marine Sanctuaries.
[FR Doc. 2019-20247 Filed 9-30-19; 8:45 am]
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