[Federal Register Volume 87, Number 110 (Wednesday, June 8, 2022)]
[Notices]
[Pages 34853-34856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12234]


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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 Hudson Canyon 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 hold public scoping meetings and prepare a 
draft environmental impact statement; request for comments.

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SUMMARY: In accordance with the National Marine Sanctuaries Act (NMSA) 
and National Environmental Policy Act (NEPA), the National Oceanic and 
Atmospheric Administration (NOAA) is initiating a scoping process to 
consider designating a national marine sanctuary in the Hudson Canyon 
area approximately 100 miles offshore southeast of New York City. NOAA 
is initiating this scoping process based on the area's diverse 
qualities, which are described in the Wildlife Conservation Society's 
(WCS's) November 2016 Hudson Canyon national marine sanctuary 
nomination. Specifically, WCS's nomination provides important context 
and background regarding the natural and cultural resources in the 
region, the potential benefits of national marine sanctuary 
designation, recommendations for management of the sanctuary, and a 
proposed sanctuary boundary, which NOAA will take under consideration, 
but does not represent an official boundary proposal at this time. As a 
first step in this scoping process, NOAA invites comments on the 
factors that will contribute to its determination of whether to 
designate the area as a national marine sanctuary; designation would 
include preparation and release of a draft environmental impact 
statement (including national marine sanctuary boundary alternatives), 
proposed regulations, and a draft 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. In support of the scoping process, the nomination package 
and additional information regarding the qualities of the Hudson Canyon 
area can be found at https://sanctuaries.cnoaa.gov/hudson-canyon/.

DATES: 
    Comments due: August 8, 2022.
    Public Meetings: NOAA will host four public meetings during the 
scoping process, two virtual and two in-person. The virtual public 
scoping meetings will occur at the following dates and times:
     Thursday, June 23, 2022, 3:00 p.m. to 5:00 p.m. Eastern 
Time.
     Wednesday, August 3, 2022, 5:00 p.m. to 7:00 p.m. Eastern 
Time.
    The in-person scoping meetings will occur at the following dates 
and times:
     New York City, NY; Date: July 19, 2022; Location: 
Alexander Hamilton U.S. Customs House, Naval Officers Room; Address: 1 
Bowling Green, New York, NY 10004; Time: 6:30-8:00 p.m.
     West Long Branch, NJ; Date: July 21, 2022; Location: 
Monmouth University, Urban Coast Institute, Edison Building Atrium-
E201; Address: 400 Cedar Avenue, West Long Branch, NJ 07764; Time: 
6:30-8:00 p.m.
    Please check https://sanctuaries.noaa.gov/hudson-canyon/ for 
meeting links and the most up-to-date information, should plans for 
these public meetings change. NOAA may end a virtual or in-person 
meeting before the time noted above if all participants have concluded 
their oral comments.

ADDRESSES: You may submit comments, identified by NOAA-NOS-2022-0053, 
by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov and enter ``NOAA-NOS-2022-0053'' in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comment.
     Mail: Send any hard copy public comments by mail to: LeAnn 
Hogan, NOAA Office of National Marine Sanctuaries, 1305 East-West 
Highway, SSMC4, Silver Spring, MD 20910. Note the docket number (i.e., 
NOAA-NOS-2022-0053) at the top of the comment.
     Public Scoping Meetings: Provide oral comments during 
public scoping meetings, as described under DATES. Webinar registration 
details and additional information about how to participate in these 
virtual and in-person public scoping meetings is available at https://sanctuaries.noaa.gov/hudson-canyon/.
    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 personally identifiable 
information (for example,

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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). Comments that 
are not responsive or contain profanity, vulgarity, threats, or other 
inappropriate language will not be considered.

FOR FURTHER INFORMATION CONTACT: LeAnn Hogan, (202) 731-0678, 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Area Under Consideration

    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. The primary 
objective of the NMSA is to protect the resources of the National 
Marine Sanctuary System. Day-to-day management of national marine 
sanctuaries has been delegated by the Secretary to NOAA's Office of 
National Marine Sanctuaries (ONMS).
    In November 2016, WCS submitted a nomination to NOAA through the 
Sanctuary Nomination Process (79 FR 33851), asking NOAA to consider 
designating the Hudson Canyon area as a national marine sanctuary to 
conserve its nationally significant ecological and biological resources 
and to expand upon existing local and state efforts to study, 
interpret, and promote the area's ecological and biological uniqueness. 
The nomination was endorsed by a diverse coalition of organizations and 
individuals at local, state, and national levels including elected 
officials, businesses, shipping industry representatives, recreational 
users, conservation and academic organizations, tourism companies, 
aquariums and zoos, historical societies, and education groups. NOAA 
added the area to the inventory of successful nominations that are 
eligible for designation in February 2017, and extended it on the 
inventory in February 2022 after its five-year review of the nomination 
(87 FR 11049).
    The Hudson Canyon (Canyon) is the largest submarine canyon along 
the United States' Atlantic coast and is one of the largest in the 
world. Its presence is critical to the support of resident and 
migratory marine wildlife in the New York Bight, as well as in the Mid-
Atlantic region. Rivaling the depth and scale of the Grand Canyon, the 
Canyon extends about 560 km (350 mi) seaward, reaches depths of 3-4 km 
(2-2.5 mi), and is up to 12 km (7.5 mi) wide. Despite its size and 
proximity to one of the world's largest metropolitan centers in New 
York City, few know of this area that William Beebe described as a 
``stately, invisible gorge'' when he first explored it during his 1925 
expedition on the vessel Arcturus.
    The Canyon's grand scale and diverse structure--steep slopes, firm 
outcrops, diverse sediments, flux of nutrients, and areas of 
upwelling--make it an ecological hotspot for a vast array and abundance 
of marine wildlife. The Canyon provides habitat for a range of 
endangered, protected, and sensitive species including the sperm whale, 
sea turtles, and unique and diverse seep communities. The Canyon also 
provides invaluable habitat for hundreds of species of bony and 
cartilaginous fishes and invertebrates. One unique aspect of the Canyon 
among marine habitats in the New York Bight is the presence of deep 
sea, cold-water coral communities. Rocky outcrops and boulders at the 
head of the Canyon and along its steep walls provide the hard substrate 
needed for attachment by hard and soft corals, sea pens, anemones, and 
sponges.
    The robust biodiversity of the Canyon directly supports the local 
economy by providing productive waters and habitats for the fish and 
invertebrates on which commercial and recreational fisheries depend. 
Recreational divers explore some of the shallower areas in and around 
the Canyon, and the yearly migration of whales and seabirds through the 
Canyon attracts whale watchers and birders. In addition to supporting 
diverse fisheries and wildlife tourism, the waters surrounding the 
Canyon also hold historical and cultural importance to those living 
along its shores in New York and New Jersey. The types of shipwrecks 
found within the Hudson Canyon area vary from freighters to United 
States military radar platforms, some dating back to the mid-19th 
Century.
    The area also supports a number of human activities. Commercial 
vessels regularly traverse the waters above the Canyon to enter New 
York City, one of the world's busiest ports. New York is also a 
critical trans-Atlantic telecommunications hub, connecting the east 
coast of the United States to the rest of the world. There are 26 
submarine telecommunication cables and cable segments that make 
landfall in New York and New Jersey, with at least nine of these cables 
crossing, or running adjacent to, the Canyon. Various types of 
commercial and recreational fishing occur in and around the Canyon.
    There are nine federally and state-recognized Tribes and Tribal 
Nations in New York State (i.e., Cayuga Nation, Oneida Nation of New 
York, Onondaga Nation, Saint Regis Mohawk Tribe, Seneca Nation, 
Shinnecock Nation, Tonawanda Band of Seneca, Tuscarora Nation of New 
York, and the Unkechaug Nation) and three Tribes acknowledged by the 
State of New Jersey, which serve on the New Jersey Commission of 
American Indian Affairs (i.e., the Nanticoke Lenni-Lenape, Powhatan 
Renape, and the Ramapough Lenape Tribes). Past and current Indigenous 
communities have maintained strong oral traditions and cultural 
practices tied to the ocean and coastal waters in this region. They 
rely on a number of species that depend on the Canyon for part of their 
life cycle. In order to strengthen our knowledge of the historical and 
cultural significance of the Canyon, NOAA is requesting input on Tribal 
and Indigenous communities' connections to this area.
    The Hudson Canyon begins approximately 100 miles southeast of New 
York City and extends 350 miles seaward, reaching depths of up to two 
and a half miles and expanding up to seven miles at its widest points. 
A visual of the Canyon and its adjacent waters, which may be considered 
for sanctuary designation, can be found at https://sanctuaries.noaa.gov/hudson-canyon/. This visual is for reference 
purposes only during the scoping process; it does not constitute a 
proposed boundary for sanctuary designation. Instead, NOAA is seeking 
recommendations for the sanctuary boundary during the public scoping 
process, and based on this and other formal input, NOAA will release 
draft sanctuary boundary alternatives for public review and comment 
should it decide to move forward with the designation process.
    Based on the WCS nomination and guided by the purposes and policies 
of the NMSA, NOAA has identified five overarching goals for the 
proposed sanctuary designation:
     Support conservation of the area's marine wildlife, 
habitats, and maritime cultural resources;
     Work closely with Tribal partners to identify and raise 
awareness of Indigenous connections to the area;
     Highlight and promote sustainable uses of the area;
     Expand ocean science and monitoring in, and education and 
awareness of the area; and

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     Provide a platform for collaborative and diverse 
partnerships that support effective and inclusive long-term management 
of the area.

II. Items of Particular Interest During the Public Scoping Process

    While the public may comment on all matters viewed as relevant to 
the potential designation of a national marine sanctuary in the Canyon, 
NOAA is requesting input on the following specific topics to help guide 
the scoping process:
     boundary alternatives for the proposed sanctuary that 
strive to meet the goals identified above;
     the location, nature, and value of natural and cultural 
resources in the area under consideration;
     specific threats to these resources;
     information on the Indigenous and Tribal heritage of the 
area;
     the non-regulatory actions NOAA should prioritize within 
its draft management plan for the proposed sanctuary;
     the regulatory framework most appropriate for management 
of the proposed sanctuary;
     the benefits to the ``blue economy'' of the region, 
including promoting sustainable tourism and recreation; and
     a permanent name for the proposed sanctuary.
    Comments may be submitted to NOAA by August 8, 2022 using the 
methods described in ADDRESSES. NOAA will host public scoping meetings 
during the public comment period, as described under DATES.

III. Sanctuary Designation Process

    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 draft environmental impact 
statement (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 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 a 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. Review Period--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.

IV. Development of a Draft Environmental Impact Statement

    In accordance with the NMSA and NEPA, NOAA must draft an 
environmental impact statement when designating a new national marine 
sanctuary. The input gathered during the public scoping process is 
fundamental to NOAA's development of a DEIS.

A. Purpose and Need for Sanctuary Designation

    The purpose and need for a sanctuary designation in the Hudson 
Canyon area 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 that are of special national significance, provide 
authority for comprehensive and coordinated conservation and management 
of these marine areas, and protect the resources of these areas. In 
particular, a sanctuary designation would:
     Develop coordinated and collaborative marine science, 
education and outreach, and cultural heritage programs to assist in 
promoting and managing the area's nationally significant resources;
     Highlight the many diverse human activities, cultural 
connections and maritime heritage of the area, from the Indigenous 
communities 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 area's nationally 
significant resources.

B. Preliminary Description of Proposed Action and Alternatives

    NOAA's proposed action is to consider designating the Hudson Canyon 
national marine sanctuary in accordance with the sanctuary designation 
process described in section 304 of the NMSA (16 U.S.C. 1434). Through 
the public scoping process and 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. The NEPA process for sanctuary 
designation will include preparation of a DEIS to consider alternatives 
and describe potential effects of the sanctuary designation on the 
human environment. A DEIS will evaluate a reasonable range of action 
alternatives that could include different options for management plan 
goals, sanctuary regulations, and potential boundaries. A DEIS will 
also consider a No Action Alternative, wherein NOAA would not designate 
a national marine sanctuary.

C. Summary of Expected Impacts of Sanctuary Designation

    A 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 biological and physical resources, including habitats, plants, 
birds, sea turtles, marine mammals, and special status species; 
maritime, cultural, and historical resources; and human uses and 
socioeconomics of the area, including research, recreation, education, 
energy production, and fishing. Based on a preliminary evaluation of 
the resources listed above, NOAA expects potential positive impacts to 
the environment from enhanced protection of the area's natural, 
cultural, and historical resources; improved planning and coordination 
of research, monitoring, and management actions; reduced harmful human 
activities and disturbance of special status species; reduced threats 
and stressors to resources; and minimal disturbance during research.

D. Schedule for the Decision-Making Process

    NOAA expects to make a DEIS and other draft documents available to 
the public by spring 2023. NOAA expects to make a FEIS available to the 
public by spring 2024. 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.

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E. 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, State, and 
local government agencies to become cooperating agencies in the 
preparation of the EIS for the proposed action. 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)).

F. 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 section 304(a)(5) of the NMSA, 16 U.S.C. 1434(a)(5), 
regarding consultation with appropriate Fishery Management Councils, 
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., 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 a DEIS 
concurrently and integrated with analyses required by other Federal 
environmental review requirements, and a DEIS will list all Federal 
permits, licenses, and other authorizations that must be obtained in 
implementing the proposed action. See 40 CFR 1502.24.

V. 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 (NHPA) 
during the sanctuary designation process and is soliciting public and 
stakeholder input to meet section 106 compliance requirements. The NHPA 
section 106 consultation process specifically applies to any 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. This 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 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's implementing policies 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 NOAA 
Administrative Order 218-8 (Policy on Government-to-Government 
Consultation with Federally-Recognized Indian Tribes and Alaska Native 
Corporations), and the 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. 2022-12234 Filed 6-7-22; 8:45 am]
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