[Federal Register Volume 86, Number 215 (Wednesday, November 10, 2021)]
[Notices]
[Pages 62512-62516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24609]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Notice of Intent To Conduct Scoping and To Prepare a Draft
Environmental Impact Statement for the Proposed Chumash Heritage
National Marine Sanctuary
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 prepare a draft environmental impact
statement and hold public scoping meetings; request for comments.
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SUMMARY: In accordance with the National Marine Sanctuaries Act (NMSA),
the National Oceanic and Atmospheric Administration (NOAA) is
initiating a process to consider designating a portion of waters along
and offshore of the central coast of California as a national marine
sanctuary. NOAA is initiating this process based on the area's
qualities and boundaries as described in the community-based nomination
\1\ submitted on July 17, 2015, excluding any geographical overlap of
the boundaries proposed for the Morro Bay 399 Area as described in the
July 29,
[[Page 62513]]
2021 Federal Register notice.\2\ The designation process will be
conducted concurrently with a public process under the National
Environmental Policy Act (NEPA) to prepare an environmental impact
statement. NOAA is initiating this public scoping process to invite
comments on the scope and significance of issues to be addressed in the
environmental impact statement that are related to designating this
area as a national marine sanctuary. The results of this scoping
process will assist NOAA in moving forward with the designation
process, including preparation and release of draft designation
documents, and in formulating alternatives for the draft environmental
impact statement, including developing national marine sanctuary
boundaries, regulations, and a management plan. This scoping process
will also inform the initiation of any consultations with federal,
state, or local agencies, tribes, and other interested parties, as
appropriate.
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\1\ https://nmsnominate.blob.core.windows.net/nominate-prod/media/documents/nomination_chumash_heritage_071715.pdf.
\2\ https://www.federalregister.gov/documents/2021/07/29/2021-16134/commercial-leasing-for-wind-power-development-on-the-outer-continental-shelf-ocs-offshore-morro-bay.
DATES: Comments are due by January 10, 2022. NOAA will host virtual
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public scoping meetings at the following dates and times:
Wednesday, December 8, 2021, 6 p.m.-9 p.m. Pacific Time
Monday, December 13, 2021, 1 p.m.-4 p.m. Pacific Time
Thursday, January 6, 2022, 4 p.m.-7 p.m. Pacific Time
NOAA may end a meeting before the time noted above if all those
participating have completed their oral comments.
ADDRESSES: You may submit comments on this document by any of the
following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov and enter ``NOAA-NOS-2021-0080'' in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
Mail: Send any hard copy public comments by mail to: Paul
Michel, NOAA Sanctuaries West Coast Regional Office, 99 Pacific Street,
Building 100F, Monterey, CA 93940.
Public Scoping Meetings: Provide oral comments during
virtual public scoping meetings, as described under DATES. Webinar
registration details and additional information about how to
participate in these public scoping meetings is available at
www.sanctuaries.noaa.gov/chumash-heritage.
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
https://www.regulations.gov without change. All personal identifying
information (for example, name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the commenter 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: Paul Michel, (831) 241-4217,
[email protected], West Coast Region Policy Coordinator.
SUPPLEMENTARY INFORMATION: Background on Sanctuary Nomination.
The National Marine Sanctuaries Act (NMSA), 16 U.S.C. 1431 et seq.,
authorizes the Secretary of Commerce (Secretary) to designate and
protect as national marine sanctuaries areas of the marine environment
that are of special national significance due to their conservation,
recreational, ecological, historical, scientific, cultural,
archeological, educational, or aesthetic qualities. Day-to-day
management of national marine sanctuaries has been delegated by the
Secretary to the NOAA Office of National Marine Sanctuaries (ONMS). The
primary objective of the NMSA is to protect the resources of the
National Marine Sanctuary System.
In July 2015, Fred Collins, on behalf of the Northern Chumash
Tribal Council, submitted a nomination to NOAA through the Sanctuary
Nomination Process (79 FR 33851), asking NOAA to consider designating
an area on the central California coast as a national marine sanctuary.
The nomination has been endorsed by a diverse coalition of
organizations and individuals at tribal, local, state, regional, and
national levels including elected officials, businesses, recreational
users, conservation groups, fishing associations, tourism companies,
museums, historical societies, and education groups. The submitted
nomination package is available at: https://nominate.noaa.gov/nominations/. The nomination asks NOAA to protect this nationally
significant area for its culturally and biologically important
resources. The nomination also identifies opportunities for NOAA to
expand upon existing local and state efforts to study, interpret, and
manage the area's unique cultural and biological resources.
NOAA added the area to the inventory of nominations that are
eligible for designation in October 2015 and extended it on the
inventory in September 2020 at the five-year interval after a review of
the nomination (85 FR 61935). NOAA is now initiating the process to
potentially designate the nominated area, excluding any geographical
overlap of the boundaries proposed for the Morro Bay 399 Area in the
July 29, 2021 Federal Register Notice of Commercial Leasing for Wind
Power Development on the Outer Continental Shelf (OCS) Offshore Morro
Bay, California, East and West Extensions--Call for Information and
Nominations (86 FR 40869), as a national marine sanctuary. The proposed
designation is consistent with the Biden-Harris Administration's
complementary goals to tackle the climate crisis per Executive Order
14008,\3\ including by conserving and restoring ocean and coastal
habitats, supporting tribally and locally led stewardship, and
advancing offshore wind and other clean energy projects.
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\3\ https://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-climate-crisis-at-home-and-abroad.
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The proposed national marine sanctuary would run along the mean
high tide line from approximately Cambria at the terminal boundary of
Monterey Bay National Marine Sanctuary (MBNMS), south along the San
Luis Obispo County coast, excluding Morro Bay harbor and Port San Luis,
and then further south to include the coast of Santa Barbara County to
approximately Gaviota Creek, then offshore in a southwest direction
along the western end of Channel Islands National Marine Sanctuary
(CINMS), southward to include Rodriguez Seamount and shifting to the
northwest to include the Santa Lucia Bank, to reconnect with the
boundary for MBNMS offshore Cambria, and following that boundary
eastward to the point of origin at the shoreline. As stated above, the
proposed sanctuary designation excludes the area that geographically
overlaps the proposed Morro Bay 399 Area. NOAA estimates the area
encompassed in the proposed designation is approximately 7,000 square
miles. A map of the proposed area can be found at https://sanctuaries.noaa.gov/chumash-heritage.
The area contains unique and diverse ecosystems essential to the
heritage of the Chumash, one of the few ocean-going bands among the
First Peoples of the Pacific Coast. The marine
[[Page 62514]]
environment provides a special sense of place to coastal communities
and visitors because of its significant historic, archaeological,
cultural, aesthetic and biological resources. The area has special
ecological qualities as well, shaped by significant offshore geologic
features (e.g., Rodriguez Seamount, Santa Lucia Bank and Arguello
Canyon). Seasonal upwelling serves as the engine of the area's high
biological productivity, supporting dense aggregations of marine life.
The presence of a biogeographic transition zone, where temperate waters
from the north meet the subtropics, creates an area of nationally
significant biodiversity in sea birds, marine mammals, invertebrates,
and fishes. The area is also known for its extensive kelp forests,
seagrass beds, and wetlands that serve as nurseries for numerous
commercial fish species and as important habitat for many threatened
and endangered species such as humpback whales, blue whales, the
southern sea otter, black abalone, snowy plovers and leatherback sea
turtles.
The area being considered for sanctuary designation also contains
more than 200 known shipwrecks. The area off Point Conception is a
significant feature in California's long maritime history, with vessels
regularly traversing the coast and, on occasion, sinking in this
region. This collection of shipwrecks and overall maritime landscape
are nationally significant because of the representativeness of the
shipwrecks, their location on one of the nation's most historically
important transportation corridors, and the potential for the discovery
of other shipwrecks and submerged pre-contact cultural sites.
Proponents of the national marine sanctuary have also highlighted
the maritime history and cultural heritage of the Chumash Tribal nation
with the sanctuary proposal. Some of the earliest documented human
habitation of North America is in this region and various bands of
Chumash and other indigenous Tribes have deep cultural connections to
this area of central California. While much of the coast of San Luis
Obispo and Santa Barbara counties has been surveyed for Native American
artifacts and settlements, the continental shelf may well hold yet
undiscovered paleoshorelines and archaeological resources worthy of
study and conservation.
Coastal communities are spread along the coastline of San Luis
Obispo County. There are two primary entry points for vessels--Morro
Bay and Port San Luis. Further south in Santa Barbara County, the coast
is remote with more limited access, such as in and around Vandenberg
Space Force Base or Hollister Ranch. Current human uses include
commercial and recreational fishing, kayaking, surfing, diving,
wildlife watching, research and general recreation such as beach
walking or boating.
I. Purpose and Need for Sanctuary Designation
The purpose and need for the designation is to fulfill the purposes
and policies outlined in Section 301(b) of the NMSA, 16 U.S.C. 1431(b),
including to identify and designate as national marine sanctuaries
areas of the marine environment which are of special national
significance, provide authority for comprehensive and coordinated
conservation and management of these marine areas, and to protect the
resources of these areas. In particular, the proposed designation
would:
Develop coordinated and collaborative marine science,
education and outreach, cultural heritage programs to assist in
managing the area's nationally significant resources;
Highlight the many diverse human activities, cultural
connections and maritime heritage of the area, from the various First
Nations to existing activities in the area;
Respond to community interest in conserving the natural
environments, wildlife and cultural resources of this area; and
Provide additional conservation and comprehensive
ecosystem-based management to address threats to the nationally
significant resources of the proposed sanctuary.
II. Preliminary Description of Proposed Action and Alternatives
NOAA's proposed action is to consider designating Chumash Heritage
National Marine Sanctuary, as described in, Background on Sanctuary
Nomination, via the sanctuary designation process detailed in section
304 of the NMSA (16 U.S.C. 1434). As part of the sanctuary designation
process, NOAA will develop draft designation documents including a
draft sanctuary management plan, proposed sanctuary regulations, and
proposed terms of designation. Each national marine sanctuary has
management programs developed with public input and crafted to meet the
specific issues and resources found in that sanctuary. The NEPA process
for sanctuary designation will include preparation of a draft
environmental impact statement (DEIS) to consider alternatives and
describe potential effects of the sanctuary designation on the human
environment. The DEIS will evaluate a reasonable range of action
alternatives that could include different options for sanctuary
regulations, potential boundaries, and management plan goals. The DEIS
will also consider a No Action Alternative, wherein NOAA would not
designate the proposed sanctuary. The results of this scoping process
will assist NOAA in formulating alternatives for the DEIS, including
options for sanctuary boundaries, regulations, and a management plan.
Reasonable alternatives that are identified during the scoping period
will be evaluated in the DEIS.
III. Summary of Expected Impacts of Sanctuary Designation
The DEIS will identify and describe the potential effects of the
Proposed Action, and reasonable alternatives, on the human environment.
Potential impacts may include, but are not limited to, impacts on the
area's: Natural marine resources, including habitats, plants, birds,
sea turtles, marine mammals, and special status species; maritime,
cultural and historic resources, including Traditional Cultural
Properties and archaeological sites; human uses and socioeconomics of
the area, such as research, recreation, education, energy development,
cultural practices, fishing. Based on a preliminary evaluation of the
resources listed above, NOAA expects potential impacts of enhanced
protection of the area's natural, cultural and historic resources;
improved planning and coordination of research, monitoring, and
management actions; reducing harmful human activities and disturbance
of special status species; restoration of native habitat and species
populations; reducing threats and stressors to resources; and minimal
disturbance during research or restoration actions.
IV. Process for Sanctuary Designation and Environmental Review
The designation process includes the following well-established and
highly participatory stages:
1. Public Scoping Process--Information collection and
characterization, including the consideration of public comments
received during scoping;
2. Preparation of Draft Documents--Preparation and release of draft
designation documents, including: A DEIS, prepared pursuant to NEPA,
that identifies boundary and/or regulatory alternatives; a draft
management plan; and a notice of proposed rulemaking to define proposed
sanctuary regulations. Draft documents would be used to
[[Page 62515]]
initiate consultations with federal, state, or local agencies, tribes
and other interested parties, as appropriate;
3. Public Comment--Through public meetings and in writing, allow
for public review and comment on the DEIS, draft management plan, and
notice of proposed rulemaking;
4. Preparation of Final Documents--Preparation and release of a
final environmental impact statement (FEIS), final management plan,
including a response to public comments, and a final rule and
regulations.
5. The sanctuary designation and regulations would take effect
after the end of a review period of forty-five days of a continuous
session of Congress. During this same period, should the designation
include state waters, the Governor of the state has the opportunity to
concurrently review the terms of designation including boundaries
within state waters.
Schedule for the Decision-Making Process
NOAA expects to make the DEIS and other draft documents available
to the public by late 2022. NOAA expects to make the FEIS available to
the public in Fall 2023. A Record of Decision and the final management
plan and final rule will be completed no sooner than 30 days after the
FEIS is made available to the public, in accordance with 40 CFR
1506.11.
NEPA Lead and Cooperating Agency Roles
NOAA is the lead federal agency for the NEPA process for the
Proposed Action. NOAA may invite other federal, Tribal, or State and
local government agencies to become cooperating agencies in the
preparation of this EIS. NEPA regulations specify that a cooperating
agency means any Federal agency (and a State, Tribal, or local agency
with agreement of the lead agency) that has jurisdiction by law or
special expertise with respect to any environmental impact involved in
a proposal (or a reasonable alternative) (40 CFR 1508.1(e)).
V. Public Scoping Process
With this notice, NOAA is initiating a public scoping process to
gather input from individuals, organizations, federal agencies, and
state, tribal, and local governments on the proposed designation of
Chumash Heritage National Marine Sanctuary. NOAA intends to use this
process to determine the scope and significant issues to be analyzed in
depth in the DEIS, with consideration of the scoping factors and
responsibilities provided in 40 CFR 1501.9. NOAA specifically requests
comments on the following topics, including the identification of
potential alternatives, information, and analyses relevant to the
proposed action:
The spatial extent of the proposed sanctuary and boundary
alternatives NOAA should consider, starting with the boundary as
described in Section. Background on Sanctuary Nomination;
the location, nature, and value of the resources,
including natural and submerged cultural resources as well as the
indigenous heritage of the area, that would be protected by a
sanctuary;
potential positive and negative impacts to those
resources;
the management plan and regulatory framework most
appropriate to the resources in the area, including compatible and
incompatible uses;
the potential socioeconomic, cultural, and biological
impacts of designation;
the potential to highlight the indigenous history and
culture of the area;
the potential to support research and advance scientific
understanding;
information regarding historic properties in the area and
the potential effects to those historic properties to support National
Historic Preservation Act compliance under Section 106;
opportunities to benefit the ``blue economy'' of the
region, including promoting sustainable tourism and recreation;
potential name for the new sanctuary;
the potential to advance multiple, complementary
priorities of the Federal administration, the Department of Commerce,
and NOAA, including conserving and restoring ocean and coastal
habitats, supporting Tribally and locally led stewardship, and
advancing offshore wind and other clean energy projects;
the potential location of an administrative office as well
as coastal education facilities including possibly a visitor center;
and
other information relevant to the designation and
management of a new sanctuary in this proposed area.
Comments may be submitted to NOAA by January 10, 2022 using the
methods described in ADDRESSES. NOAA will host public scoping meetings
during the public comment period, as described under DATES.
VI. Anticipated Permits, Authorizations, and Consultations
Federal, state, and local permits, authorizations, or consultations
may be required for the Proposed Action, including consultation or
review under the Endangered Species Act, 16 U.S.C. 1531 et seq.,
Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C.
1801 et seq., National Historic Preservation Act, 54 U.S.C. 300101 et
seq., and Executive Order 13175, consistency review under the Coastal
Zone Management Act, 16 U.S.C. 1451 et seq., and possibly reviews under
other laws and regulations determined to be applicable to the proposed
action. To the fullest extent possible, NOAA will prepare the DEIS
concurrently with and integrated with analyses required by other
Federal environmental review requirements, and the DEIS will list all
Federal permits, licenses, and other authorizations that must be
obtained in implementing the proposed action. See 40 CFR 1502.24.
Consultation Under Section 106 of the National Historic Preservation
Act and Executive Order 13175
This notice confirms that NOAA will coordinate its responsibilities
under section 106 of the National Historic Preservation Act during the
sanctuary designation process and is soliciting public and stakeholder
input to meet section 106 compliance requirements. The section 106
consultation process specifically applies to any agency undertaking
that may affect historic properties. Pursuant to 36 CFR 800.16(1)(1),
historic properties include: ``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.''
This notice also confirms that, with respect to the proposed
sanctuary designation process, NOAA will fulfill its responsibilities
under Executive Order 13175, ``Consultation and Coordination with
Indian Tribal Governments,'' and NOAA implementing policy and
procedures. Executive Order 13175 requires federal agencies to
establish procedures for meaningful consultation and coordination with
Tribal officials in the development of federal policies that have
Tribal implications. NOAA implements Executive Order 13175 through the
NOAA Administrative Order 218-8 (Policy on Government-to-Government
Consultation with Federally Recognized Indian Tribes and Alaska Native
Corporations), and the
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NOAA Tribal Consultation Handbook. Under these policies and procedures,
NOAA offers affected federally recognized Tribes government-to-
government consultation at the earliest practicable time it can
reasonably anticipate that a proposed policy or initiative may have
Tribal implications.
Authority: 16 U.S.C. 1431 et seq.; 42 U.S.C. 4321 et seq.; 40 CFR
1500-1508 (NEPA Implementing Regulations); Companion Manual for NOAA
Administrative Order 216-6A.
John Armor,
Director, Office of National Marine Sanctuaries, National Ocean
Service, National Oceanic and Atmospheric Administration.
[FR Doc. 2021-24609 Filed 11-9-21; 8:45 am]
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