[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Notices]
[Pages 64904-64907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25207]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Notice of Intent To Conduct Scoping and To Prepare an 
Environmental Impact Statement for the Proposed Designation of a 
National Marine Sanctuary Within Papah[amacr]naumoku[amacr]kea Marine 
National Monument

AGENCY: Office of National Marine Sanctuaries, National Ocean Service, 
National Oceanic and Atmospheric Administration, Department of 
Commerce.

ACTION: Notice of Intent to prepare a draft environmental impact 
statement and hold public scoping meetings; request for comments.

-----------------------------------------------------------------------

SUMMARY: The National Oceanic and Atmospheric Administration (NOAA), in 
cooperation with the U.S. Fish and Wildlife Service (USFWS), the State 
of Hawai[revaps]i, and the Office of Hawaiian Affairs (OHA), is 
initiating the process to consider designating marine portions of 
Papah[amacr]naumoku[amacr]kea Marine National Monument as a national 
marine sanctuary. Per the requirements of the National Environmental 
Policy Act (NEPA) and National Marine Sanctuaries Act (NMSA), NOAA will 
prepare a draft environmental impact statement (DEIS) for the sanctuary 
designation process to evaluate potential environmental effects of this 
action. NOAA will also coordinate its responsibility under the National 
Historic Preservation Act with the NEPA process. NOAA is initiating the 
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 formulating alternatives for the DEIS.

DATES: Comments must be received by NOAA on or before January 31, 2022. 
NOAA will host virtual public scoping meetings and will allow for 
comments in both English and Hawaiian ([revaps][Omacr]lelo 
Hawai[revaps]i) at the following dates and times:

 Wednesday, December 8, 2021, 6 p.m. HST
 Saturday, December 11, 2021, 12 p.m. HST
 Tuesday, December 14, 2021, 6 p.m. HST
 Thursday, December 16, 2021, 3 p.m. HST

ADDRESSES: You may submit comments on this notice by any of the 
following methods:
    Federal e-Rulemaking Portal: Go to https://www.regulations.gov and 
enter ``NOAA-NOS-2021-0114'' 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: PMNM-Sanctuary 
Designation, NOAA/ONMS, 1845 Wasp Blvd., Bldg 176, Honolulu, HI 96818.
    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 https://sanctuaries.noaa.gov/papahanaumokuakea/.
    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. 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:  Athline Clark, (808) 725-5800, 
[email protected], NOAA Superintendent 
Papah[amacr]naumoku[amacr]kea Marine National Monument and

[[Page 64905]]

UNESCO World Heritage Site, address: 1845 Wasp Blvd., Bldg 176, 
Honolulu, Hawai[revaps]i 96818

SUPPLEMENTARY INFORMATION:

I. Papah[amacr]naumoku[amacr]kea Marine National Monument

    Papah[amacr]naumoku[amacr]kea is considered a sacred area, from 
which Native Hawaiians believe all life springs, and to which spirits 
return to after death. The longest recorded traditional Hawaiian chant, 
the Kumulipo (source of deep darkness), is the history of how all life 
forms came and evolved from Papah[amacr]naumoku[amacr]kea, beginning 
with the coral polyp--the building block for all life. This genealogy 
of Papah[amacr]naumoku[amacr]kea tells the story of Native Hawaiians' 
ancestral connection with the gods who created those coral polyps, the 
Northwestern Hawaiian Islands or K[umacr]puna (respected elders) 
Islands, and everything else in the Hawaiian archipelago, including 
Native Hawaiians. Throughout the expanse of the Monument, there are 
many wahi pana (places of great cultural significance and practice) 
where Native Hawaiian cultural practitioners of today reconnect with 
their ancestors and gods.
    Papah[amacr]naumoku[amacr]kea Marine National Monument is one of 
the largest protected areas in the world. The original 
Papah[amacr]naumoku[amacr]kea Marine National Monument and the Monument 
Expansion Area (collectively ``Papah[amacr]naumoku[amacr]kea'' or 
``Monument''), located around the Northwestern Hawaiian Islands, were 
established under the Antiquities Act through, respectively, 
Presidential Proclamation 8031 of June 15, 2006, as amended by 
Proclamation 8112 of February 28, 2007; and Proclamation 9478 of August 
26, 2016. In 2006, the President established 
Papah[amacr]naumoku[amacr]kea Marine National Monument to protect and 
preserve the marine area of the Northwestern Hawaiian Islands and 
certain lands as necessary for the care and management of the historic 
and scientific objects therein. The Federal land and interests in land 
reserved included approximately 139,793 square miles of emergent and 
submerged lands and waters of the Northwestern Hawaiian Islands. NOAA 
and USFWS promulgated implementing regulations for the original 
Papah[amacr]naumoku[amacr]kea Marine National Monument on August 29, 
2006 (71 FR 51134, 50 CFR part 404). These regulations codify the scope 
and purpose, boundary, definitions, prohibitions and regulated 
activities.
    In 2016, Proclamation 9478 expanded the Monument into an adjacent 
area--the Monument Expansion Area--which includes the waters and 
submerged lands to the extent of the seaward limit of the United States 
Exclusive Economic Zone (U.S. EEZ) west of 163[deg] West Longitude and 
covers an additional 442,781 square miles. Proclamation 9478 also 
directed the Secretary of Commerce to consider initiating the process 
to designate the Monument Expansion Area and the original 
Papah[amacr]naumoku[amacr]kea Marine National Monument seaward of the 
Hawaiian Islands National Wildlife Refuge and Midway Atoll National 
Wildlife Refuge and Battle of Midway National Memorial as a national 
marine sanctuary to supplement and complement existing authorities. The 
area has a long history of being considered for national marine 
sanctuary designation, beginning with Executive Order 13178 in 2000, 
followed by Proclamation 9478 in 2016. Recently, the Senate Committee 
on Appropriations directed NOAA to initiate the process to designate 
Papah[amacr]naumoku[amacr]kea Marine National Monument as a National 
Marine Sanctuary.
    The Monument is administered jointly by four Co-Trustees--the 
Department of Commerce, the Department of the Interior, the State of 
Hawai[revaps]i, and the Office of Hawaiian Affairs. The Monument Co-
Trustees currently operate the Monument guided by a 2008 Monument 
Management Plan for Papah[amacr]naumoku[amacr]kea and the Presidential 
Proclamations designating the Monument. The Monument Co-Trustees will 
update the Monument Management Plan at a later date and will provide 
opportunities for public input for a new plan. Any draft sanctuary 
management plan would augment the overarching Monument Management Plan.

II. Background on Sanctuary Designation Process

    The NMSA authorizes the Secretary of Commerce 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 esthetic qualities. Day-to-day 
management of national marine sanctuaries has been delegated by the 
Secretary of Commerce to NOAA's Office of National Marine Sanctuaries. 
The primary objective of the NMSA is to protect the resources of the 
National Marine Sanctuary System, including biological and cultural 
resources, such as coral reefs, marine animals, archaeological sites, 
historic structures and historic shipwrecks.

III. Purpose and Need for National Marine Sanctuary Designation

    The purpose of 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. Additionally, the purpose of the designation 
is to implement the provisions of Executive Order 13178 and 
Presidential Proclamation 9478 that direct NOAA to consider initiating 
the sanctuary designation process.
    The need for designation is to:
     Develop objectives and actions that ensure lasting 
protections consistent with the existing Monument proclamations and 
regulations;
     safeguard natural and cultural values of the marine 
environment of the Monument;
     strengthen the existing interagency management regulations 
(50 CFR 404);
     authorize NOAA to assess civil penalties for violations of 
sanctuary regulations or permits and to enforce provisions of the NMSA;
     prohibit destruction or loss of sanctuary resources and 
provide natural resource damage assessment authorities for loss of or 
injury to any sanctuary resource;
     require interagency consultation for any Federal agency 
action that is likely to destroy, cause the loss of, or injure any 
sanctuary resource;
     enhance the joint permitting system for activities in the 
Monument Expansion Area;
     augment existing authorities under the Antiquities Act; 
Presidential Proclamations 8031, 8112 and 9478; Executive Order 13178; 
and 50 CFR 404 to provide additional regulatory and non-regulatory 
tools for management and protection of Monument resources.

IV. Preliminary Description of Proposed Action and Alternatives

    NOAA's proposed action is to consider designating the marine 
portions of the Monument as a national marine sanctuary, following the 
designation process in section 304 of the NMSA (16 U.S.C. 1434). As 
part of the sanctuary designation process, NOAA will develop 
designation materials including a draft sanctuary management plan, 
proposed sanctuary regulations, and proposed terms of designation. Each 
national marine sanctuary has

[[Page 64906]]

management programs developed with public input and crafted to meet the 
specific issues and resources found in that sanctuary.
    The NEPA process will include preparation of a DEIS to consider 
alternatives and to describe potential effects of the proposed 
sanctuary designation on the human environment. The DEIS will evaluate 
a reasonable range of action alternatives that could include different 
options for management goals or actions, sanctuary regulations, and 
potential boundaries. The DEIS will also consider a No Action 
Alternative, wherein NOAA would not designate the proposed sanctuary. 
Any proposed sanctuary regulations would be separate from, but 
supplementary and complementary to, existing Monument regulations and 
management provisions from the establishing executive order and 
proclamations.
    The results of this public scoping process will assist NOAA in 
moving forward with the designation process, including preparation and 
release of draft documents, and formulating alternatives for the DEIS. 
Reasonable alternatives that are identified during the scoping period 
will be evaluated in the DEIS.

V. 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 
Monument's:
     Marine resources, including habitats, plants, birds, sea 
turtles, marine mammals, and special status species;
     cultural and historic resources, including Traditional 
Cultural Properties and archaeological sites; and
     human uses and socioeconomics, including research, 
recreation, education, cultural practices, and fishing.
    Based on a preliminary evaluation of the resources listed above, 
NOAA expects potential impacts of continued or enhanced long-term 
protection of the Monument's natural, cultural and historic resources; 
improved planning and coordination of research, monitoring, and 
management actions; reducing disturbance of special status species; 
reducing threats and stressors to Monument resources; and minimal 
disturbance during research or restoration actions.

VI. Process for Sanctuary Designation and Environmental Review

    NOAA will undertake a process for the designation of a national 
marine sanctuary, as outlined below.
    1. Public Scoping Process-- Information collection and 
characterization, including the consideration of public comments 
received during scoping, coordination under section 304(a)(5) with 
Western Pacific Regional Fishery Management Council on any necessary 
draft fishing regulations for the proposed sanctuary;
    2. Preparation of Draft Documents-- Preparation and release of 
draft sanctuary designation documents, including: a DEIS, prepared 
pursuant to NEPA, a draft sanctuary management plan, and a notice of 
proposed rulemaking to define proposed sanctuary boundaries and 
regulations. Draft documents would be used to support consultations 
with Federal, State, or local agencies, the Office of Hawaiian Affairs, 
Native Hawaiian organizations, 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 sanctuary management 
plan, and notice of proposed rulemaking;
    4. Preparation of Final Documents-- Preparation and release of a 
final environmental impact statement (FEIS), final sanctuary management 
plan, and a final rule and sanctuary regulations, including a response 
to public comments.
    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.

NEPA Lead and Cooperating Agency Roles

    NOAA will serve as the lead Federal agency for the NEPA process for 
the proposed action. The USFWS, State of Hawai[revaps]i and OHA shall 
serve as cooperating agencies in this process, through agreement with 
the lead agency. 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)).

Schedule for the Decision-Making Process

    NOAA expects to make the DEIS and other draft sanctuary designation 
documents available to the public in approximately January 2023. NOAA 
expects to make the FEIS for sanctuary designation available to the 
public in Fall 2023. A Record of Decision and the final sanctuary 
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.

VII. Anticipated Permits, Authorizations, and Consultations

    Federal, State, and local permits, authorizations or consultations 
may be required for the proposed action, including consultation under 
the Endangered Species Act, 16 U.S.C. 1531 et seq., 
Magnuson[hyphen]Stevens Fishery Conservation and Management Act, 16 
U.S.C. 1801 et seq., National Historic Preservation Act, 54 U.S.C. 
300101 et seq., 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, in accordance with 40 CFR 1502.24.

Consultation Under Section 106 of the National Historic Preservation 
Act

    This notice confirms that NOAA will coordinate its responsibilities 
under section 106 of the National Historic Preservation Act (NHPA) 
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 Federal 
agency undertaking that may affect historic properties. Pursuant to 36 
CFR 800.16(l)(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

[[Page 64907]]

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.''
    The NHPA requires that Federal decision makers consider historic 
properties during project planning. Section 106 of the NHPA requires 
agencies to take into account the effects of such undertakings they 
carry out, assist, fund, or permit on historic properties. NEPA 
mandates that Federal agencies assess a proposed Federal action's 
environmental impacts, including impacts on historic and cultural 
resources. As part of section 106 consultation, it is the agency's 
responsibility to provide consulting parties a reasonable opportunity 
to identify their concerns about historic properties, advise on the 
identification and evaluation of historic properties, including those 
of traditional religious and cultural importance, articulate their 
views on the undertaking's effects on such properties, and participate 
in the resolution of any adverse effects (if identified).
    The following parties may have consultative roles in the section 
106 process: State historic preservation officer, Native Hawaiian 
organizations, the Advisory Council on Historic Preservation, 
representatives of local government, and additional consulting parties. 
Certain individuals and organizations may also participate as 
consulting parties due to the nature of their legal or economic 
relation to the undertaking or affected properties, or their concern 
with the action's effects on historic properties. As part of this 
public scoping process, NOAA seeks public input on potential effects on 
historic properties in the area of potential effects (the entire 
Monument area). NOAA will invite consulting party participation via 
letters of invitation.

VIII. Public Scoping Process

    With this notice, NOAA is initiating a public scoping process to 
gather input from individuals, organizations, Native Hawaiian 
Organizations, and Federal, State, and local agencies on the proposed 
sanctuary designation. 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 request comments on the following 
topics, including the identification of potential alternatives, 
information, and analyses relevant to the proposed action:
     The proposed designation of marine waters of the Monument 
as a national marine sanctuary, including the spatial extent of the 
proposed sanctuary and boundary alternatives NOAA should consider;
     the location, nature, and value of resources that would be 
protected by a sanctuary;
     management measures for the sanctuary and any additional 
regulations that should be added under the NMSA authority to protect 
Monument resources;
     the potential socioeconomic, cultural, and biological 
impacts of sanctuary designation;
     information regarding historic properties in the entire 
Monument area and the potential effects to those historic properties to 
support National Historic Preservation Act compliance under section 
106; and
     other information relevant to the designation and 
management of a national marine sanctuary.
    Comments may be submitted to NOAA by January 31, 2022 using the 
methods described above in ADDRESSES. NOAA will host public scoping 
meetings during the public comment period, as described above under 
DATES.
    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. 2021-25207 Filed 11-18-21; 8:45 am]
BILLING CODE 3510-NK-P