[Federal Register Volume 85, Number 30 (Thursday, February 13, 2020)]
[Proposed Rules]
[Pages 8213-8215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02832]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922


Initiation of Review of Management Plan for Stellwagen Bank 
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 Stellwagen Bank 
National Marine Sanctuary (SBNMS or the 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

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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 SBNMS 
management plan and the proper scope of environmental analysis for the 
management plan review. The scoping meetings are scheduled as detailed 
in the DATES section.

DATES: Written comments should be received on or before April 10, 2020. 
Public scoping meetings will be held on:
    (1) Date: Wednesday, March 11, 2020, Location: New England 
Aquarium, 1 Central Wharf, Boston, MA, 02110, Time: 6:30-8 p.m.
    (2) Date: Thursday, March 12, 2020, Location: Maritime Gloucester, 
23 Harbor Loop, Gloucester, MA, 01930, Time: 6:30-8 p.m.
    (3) Date: Wednesday, March 18, 2020, Location: Massachusetts 
Maritime Academy, 101 Academy Drive, Buzzards Bay, MA, 02532, Time: 
6:30-8 p.m.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NOS-2020-0003, 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-2020-0003, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Stellwagen Bank NMS, 175 Edward Foster Road, 
Scituate, MA, 02066, Attn: Management Plan Revision.
    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: Ben Haskell, 781-545-8026, 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    SBNMS was designated in October 1992. It spans 842-square-miles 
(638-square-nautical-mile) at the mouth of Massachusetts Bay. The 
sanctuary boundary is somewhat rectangular, stretching from three miles 
southeast of Cape Ann to three miles north of Cape Cod. The sanctuary 
is about 25 miles east of Boston, and lies totally within federal 
waters. It encompasses all of Stellwagen and Tillies Banks, and the 
southern portion of Jeffreys Ledge. SBNMS 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 for current and future generations. 
Sanctuary programs in education, conservation, science, and stewardship 
help protect SBNMS and its nationally-significant resources, while 
promoting public use and enjoyment through compatible human activities.
    The current SBNMS management plan was published in 2010, and is 
available on the internet here: https://stellwagen.noaa.gov/management/fmp/fmp2010.html.
    In 2016, NOAA completed an internal assessment of progress toward 
implementation of the 2010 management plan. The assessment found that 
66% (69 of 104 activities) of the management plan's activities had been 
fully or partially completed or were still being implemented as ongoing 
functions, while 35% (36 of 104 activities) were not yet started or had 
been placed on hold. Results of the 2016 internal assessment were 
discussed at a public meeting of the sanctuary advisory council in 
October, 2016.
    Reviewing the SBNMS 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 SBNMS management plan review, NOAA has updated the 
Stellwagen Bank National Marine Sanctuary Condition Report, which was 
first published in 2007. The 2007 report provided a summary of 
resources in SBNMS, pressures on those resources, current conditions 
and recent trends within the sanctuary, and management responses to 
mitigate negative impacts. The 2020 Condition Report has updated 
current conditions and recent changes for water quality, habitat, 
living resources and maritime archaeological resources in the 
sanctuary. The report is available to the general public on the 
internet at: http://sanctuaries.noaa.gov/science/condition/welcome.html.

Preliminary Priority Topics

    NOAA has prepared a preliminary list of priority topics to consider 
during the SBNMS 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 SBNMS management plan review (including 
additional topics raised through public comment, and tribal and 
interagency consultation).

Climate Change

    Climate change is widely acknowledged, yet there is considerable 
uncertainty about current and future consequences at local, ecosystem 
and oceanic scales. Increased coordination and cooperation among 
science and resource management agencies are required to improve 
planning, monitoring and adaptive management to address this phenomenon 
as it pertains to the protection of SBNMS resources. NOAA is interested 
in ideas about how to best incorporate management efforts seeking to 
mitigate the effects of climate change into the SBNMS management plan.

Water Quality Monitoring

    Water quality is key to ensuring protection for all sanctuary 
resources. Relatively little is known about the types, sources, or 
levels of emerging contaminants and marine debris (including lost 
fishing gear) within the sanctuary. NOAA believes more focused 
attention on specific water quality issues is needed, to understand 
both

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their status in the sanctuary as well as their role in the larger Gulf 
of Maine ecosystem.

Education, Outreach and Citizen Science

    Enhancing the public's awareness and appreciation of sanctuary 
resources is a cornerstone of the SBNMS mission. NOAA is seeking the 
public's view on developing and enhancing programs designed to enhance 
public awareness, including opportunities to participate in 
environmental research and monitoring, integrating outreach into all 
education levels, and more effective partnering with Federal and state 
agencies, local businesses and organizations, and other user groups.

Sanctuary Soundscape

    SBNMS is an active area with significant populations of marine 
mammals, as well as extensive human activity and vessel movements, 
particularly transiting to and from the major US port in Boston Harbor. 
NOAA is concerned about impacts to the SBNMS soundscape from the 
cumulative effects of underwater noise generated by a variety of human 
activities (including the potential offshore energy development), and 
expanded use of unmanned aircraft systems over the sanctuary.

Maritime Heritage Management

    SBNMS contains a rich repository of submerged maritime heritage 
resulting from over 400 years of maritime activity in the region. NOAA 
seeks public input on the history and context of the ancient, historic, 
and modern communities who have depended on sanctuary waters for their 
livelihood and culture, the ships and the industries of the region and 
options to best conserve and protect these cultural assets in the 
future.

Regulatory and Boundary Changes

    In preparing for public scoping, NOAA has not identified the need 
for any changes to SBNMS regulations. However, regulatory changes may 
be considered based on a review of public scoping comments and, if 
proposed, would be presented for public review with the publication of 
a proposed rulemaking.

Public Comments

    NOAA is interested in hearing the public's views on:
     The effectiveness of the existing management plan in 
meeting both the mandates of the NMSA and SBNMS goals and objectives.
     The public's view on the effectiveness of the SBNMS 
programs, including programs focused on: Resource protection; research 
and monitoring; education; volunteer; and outreach.
     NOAA's implementation of SBNMS regulations and permits.
     Adequacy of existing boundaries to protect sanctuary 
resources.
     Assessment of the existing operational and administrative 
framework (staffing, offices, vessels, etc.).
     The potential impacts of the proposed actions discussed 
above and ways to mitigate these impacts.
     The relevance and timeliness of management issues 
identified above.

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. 2020-02832 Filed 2-12-20; 8:45 am]
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