[Federal Register Volume 88, Number 20 (Tuesday, January 31, 2023)]
[Notices]
[Pages 6236-6238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01682]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Initiation of Review of Management Plan for Olympic Coast 
National Marine Sanctuary; Intent To Conduct Scoping and Prepare Draft 
Environmental Analysis and Draft 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), NOAA is initiating a review of the 
Olympic Coast National Marine Sanctuary (OCNMS 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 OCNMS 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 3, 2023.
    Public scoping meetings will be held on:
    (1) Date: February 21, 2023, Location: Pacific Beach Elementary 
School Gymnasium, 11 4th St. S, Pacific Beach, WA, Time: 5-8 p.m.
    (2) Date: February 22, 2023, Location: Rainforest Art Center, 35 
North Forks Avenue, Forks, WA, Time: 5-8 p.m.
    (3) Date: February 23, 2023, Location: Makah Community Gym, 1394 
Bayview Ave., Neah Bay, WA, Time: 5-8 p.m.
    (4) Date: February 24, 2023, Location: Pirate Union Building 
Cafeteria, Peninsula College Longhouse, 1502 E Lauridsen Blvd., Port 
Angeles, WA, Time: 5-8 p.m.
    (5) Date: February 27, 2023, Location: See details online at: 
https://olympiccoast.noaa.gov/management/mpr. Time: 5 p.m.-TBD.
    NOAA will be taking audio recordings of the public meetings, 
including the public comment portion of the meetings. NOAA may end a 
meeting before the time noted above if all those participating have 
completed their oral comments.

ADDRESSES: Comments may be submitted by the following method:
    Electronic Submission: Federal eRulemaking Portal: https://www.regulations.gov. Submit electronic comments via the Federal 
eRulemaking Portal and search for Docket Number NOAA-NOS-2023-0003.
    Mail: Written comments may also be mailed to Olympic Coast National 
Marine Sanctuary (Management Plan Review), 115 Railroad Ave. East, 
Suite 301, Port Angeles, WA 98362.
    Public Scoping Meetings: Provide oral comments during public 
scoping meetings, as described under DATES. Registration details and 
additional information about how to participate in these public scoping 
meetings are available at https://olympiccoast.noaa.gov/management/mpr.
    Instructions: All comments received are a part of the public 
record, and the entirety of the comment, including the name of the 
commenter, email address, attachments, and other supporting materials 
will be publicly accessible. Do not submit confidential business 
information or otherwise sensitive or protected information such as 
account numbers or Social Security numbers. NOAA will accept anonymous 
comments through regulations.gov (enter N/A in the required fields to 
remain anonymous).

FOR FURTHER INFORMATION CONTACT: Kevin Grant, Olympic Coast National 
Marine Sanctuary, 115 Railroad Ave. East, Suite 301, Port Angeles, WA 
98362, or see https://olympiccoast.noaa.gov/management/mpr.

SUPPLEMENTARY INFORMATION:

I. Background

    Olympic Coast National Marine Sanctuary (OCNMS or sanctuary) was 
designated in July 1994. It spans 3,188 square miles of marine waters 
off the rugged coast of the Olympic Peninsula, covering much of the 
continental shelf and the heads of several major submarine canyons, 
with seasonal upwelling that supports locally abundant marine life and 
seasonal populations of marine mammals and seabirds. Along its shores 
are thriving kelp and intertidal communities, teeming with fishes and 
other sea life. In the darkness of the seafloor, scattered communities 
of deep-sea coral and sponges form habitats for fish and other marine 
wildlife.
    In addition to important ecological resources, the Olympic Coast 
has a rich cultural and historical legacy. The sanctuary is located 
within the boundaries of the legally defined usual and accustomed (U&A) 
fishing areas of four coastal tribes with reserved treaty rights. These 
rights were reserved by the tribes via treaties that the United States 
Government signed with the Makah Tribe under the 1855 Treaty of Neah 
Bay and the Hoh Tribe, Quileute Tribe, and Quinault Indian Nation under 
the 1856 Treaty of Olympia, long before OCNMS was designated. The 
vibrant contemporary communities of these sovereign nations, often 
referred to as the Coastal Treaty Tribes, have forged inseparable ties 
to the ocean environment, maintaining traditions of the past while 
navigating the challenges of the present and future.
    The current OCNMS management plan was published in 2011, and is 
available on the internet here: https://olympiccoast.noaa.gov/management/2011-plan/.
    In 2018, NOAA completed an internal assessment of the 2011 
management plan to gauge progress toward its goals and objectives. This 
internal assessment showed that the action plans of the 2011 management 
plan accurately reflected the ongoing management priorities and 
resource protection issues and were adequate to continue guiding OCNMS 
operations and programs. Input was solicited from Sanctuary Advisory 
Council members and staff during the internal assessment process.
    The OCNMS management plan review 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 including through a public 
scoping process; (2) preparation and release of a draft management plan 
and a draft environmental analysis conducted under NEPA, and any 
proposed amendments to sanctuary regulations; (3) public review and 
comment on the draft documents; and (4) preparation and release of a 
final management plan and environmental analysis document, and any 
final amendments to sanctuary regulations, if applicable. NOAA will 
also address other statutory and regulatory requirements that may be 
required

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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.

II. Treaty Trust Responsibility

    The treaty trust responsibility of the sanctuary to the Hoh, Makah, 
and Quileute tribes, and Quinault Indian Nation, is articulated in 
several judicial decisions, OCNMS regulations, and in Executive Order 
13175 of November 6, 2000, Consultation and Coordination With Indian 
Tribal Governments. NOAA recognizes the preexisting treaty rights of 
the Makah Tribe through the 1855 Treaty of Neah Bay and of the Hoh 
Tribe, Quileute Tribe, and the Quinault Indian Nation through the 1856 
Treaty of Olympia, and supports the active exercise of tribal treaty 
rights. NOAA's trust responsibility to each of the Coastal Treaty 
Tribes will help guide the management plan review.

III. Condition Report

    To inform the OCNMS management plan review, NOAA recently updated 
the OCNMS Condition Report, which was first published in 2008. The 
Condition Report released in March 2022 assessed the period from 2008-
2019 and presented summary information describing the status and trends 
of sanctuary resources, covering the broad categories of human 
activities and pressures, water quality, habitat, living resources, and 
maritime heritage resources. This report also included the status and 
trends of ecosystem services--the ways humans derive benefits from 
different ecosystem attributes that they care about for their lives and 
livelihoods. The report is available to the general public on the 
internet at: https://sanctuaries.noaa.gov/science/condition/ocnms/.

IV. Preliminary Priority Topics

    NOAA has prepared a list of preliminary priority topics to consider 
during the OCNMS management plan review process. NOAA is interested in 
receiving public comment on these topics and any other topics of 
interest that are relevant to the OCNMS management plan review. It is 
important to emphasize that this list does not preclude or in any way 
limit the consideration of additional topics raised through public 
comments, government-to-government consultations, and discussions with 
partner agencies.

Partnerships and Coordinated Management

    Given its broad geographic scope and mission of the sanctuary, NOAA 
depends on partnerships to act as a force multiplier in overall 
stewardship efforts for the Olympic Coast. Active partnerships also 
provide a more transparent and inclusive structure for management of 
Olympic Coast marine resources within tribal, local, state, federal, 
and international jurisdictions, and enable a collaborative and 
coordinated approach to sanctuary management. For example, the Olympic 
Coast Intergovernmental Policy Council remains an important forum 
through which NOAA engages with the four Coastal Treaty Tribes and the 
state of Washington in their role as governments and co-managers of 
resources. NOAA seeks input on how the sanctuary can enhance its 
partnerships with entities in these various jurisdictions for more 
effective management and stewardship of Olympic Coast resources. In 
addition, NOAA welcomes input as to what new or strengthened 
partnerships would help other entities leverage the sanctuary's 
capabilities with regard to its research, resource protection, and 
education and outreach programs.

Changing Ocean Conditions

    Ongoing changes to the climate and marine ecosystems of the Olympic 
Coast have been documented, yet there continues to be considerable 
uncertainty about current and future consequences at local, ecosystem, 
and ocean-wide scales. Drawing in part from the sanctuary's long-term 
oceanographic monitoring program, NOAA has observed changes in the 
coastal ecosystem off the Olympic Coast that may worsen in intensity, 
duration, and frequency in the future as a result of climate change. 
Specific concerns include the impacts of hypoxia (low dissolved oxygen 
levels), ocean acidification, harmful algal blooms, ocean warming and 
marine heatwaves. NOAA is interested in ideas regarding how to best 
incorporate climate change research, adaptation and mitigation efforts 
into the OCNMS management plan, including ways to enhance coordination 
with partners, as well as input on the types of monitoring data and 
efforts that would be the most effective to aid adaptive management.

Resource Monitoring and Assessments

    Assessing and monitoring the conditions of sanctuary resources, 
both natural and cultural, are a critical part of sanctuary management. 
Related research and monitoring efforts have always been a major focus 
for the sanctuary, and are often collaborative. Primary research 
programs for the sanctuary include long term oceanographic monitoring 
of changing ocean conditions, ecosystem monitoring in intertidal 
habitats and kelp forests, seafloor mapping, deep-sea habitat 
exploration and characterization, and acoustic monitoring of underwater 
sound. Staff also collaborate on maritime and cultural heritage 
projects and support social science research efforts. Given the many 
needs and possibilities as well as limited resources, it is imperative 
to further focus NOAA's efforts on data that it is uniquely positioned 
to gather and share. NOAA seeks input on what research and monitoring 
efforts would be most beneficial and informative for resource (natural 
and cultural) management decisions, including those of its partners, 
and how it can improve data-sharing.

Compatible Resource Use

    Facilitating sustainable human use of the sanctuary in a manner 
compatible with the objectives of OCNMS and the NMSA is an important 
sanctuary responsibility. While NOAA generally does this through 
permitting and NMSA section 304(d) consultations, the potential impacts 
of various uses, particularly emergent technologies, on the seafloor 
and other habitats, wildlife, and other sanctuary resources are not 
always fully understood. Examples of human uses which may provide broad 
public benefits but also potentially impact sanctuary resources 
include: commercial development such as offshore renewable energy, 
aquaculture, fiber-optic cables, and emergent technologies such as 
carbon capture and the use of uncrewed systems (e.g., drones) as tools 
for research and monitoring. NOAA seeks input regarding which human 
activities have the most potential to impact sanctuary resources, what 
those potential impacts may be, and the means by which the sanctuary 
can best monitor, address, and/or mitigate those impacts.

Wildlife Disturbance

    NOAA remains concerned about acoustic, physical, and visual 
disturbances caused by human activities in the sanctuary, as they can 
have physical and behavioral impacts on wildlife above, below, and on 
the water surface. Wildlife responses to disturbance include flushing 
birds from their nesting roosts, flushing of marine mammals from haul 
out areas, other behavioral changes, or even death. Sources of wildlife 
disturbance in the

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sanctuary include low-flying aircraft, motorized personal watercraft, 
fireworks, close proximity to wildlife aggregation areas (by land, 
water, or air), and other human-generated noises from activities such 
as shipping, military exercises, or seismic exploration. NOAA seeks 
input regarding which human activities have the most potential to 
disturb wildlife and the means by which the sanctuary can best monitor, 
address, and/or mitigate such disturbances.

Water Quality

    NOAA strives to maintain and improve water quality in the region. 
Although water quality within the sanctuary is generally good as 
described in the 2022 Condition Report, NOAA remains concerned 
regarding the potential for contamination through vessel discharges 
(e.g., ballast water and treated or raw sewage) and through the 
unintentional introduction of petroleum products, pathogens, and 
chemicals. There are also several contaminants of concern (e.g., 
microplastics) that enter marine waters through wastewater treatment 
plants, stormwater outfalls and runoff, industrial outfalls, and 
landfills. NOAA is interested in the public's views regarding what 
human activities and sources have the most potential to impact water 
quality in the sanctuary, what those potential impacts may be, and the 
means by which the sanctuary can best monitor, address, and/or mitigate 
those impacts.

Introduced Species

    Although relatively few non-indigenous species have been reported 
in sanctuary waters, introduced species can pose a threat to marine 
life and habitats. For example, introduced European green crabs were 
first identified in habitats adjacent to the sanctuary in 2017 and 
their populations have exploded since then, which presents a rapidly 
emerging threat to native species as well as to the shellfish industry 
in Washington state. European green crabs compete with native species 
and damage nearshore habitats, which often serve as important nursery 
areas for species like salmon and Dungeness crab. NOAA seeks input 
regarding how the sanctuary can best contribute to partner efforts 
aimed at management of introduced species.

Education and Outreach

    Enhancing the public's awareness and appreciation of the Olympic 
Coast's natural and cultural resources is a cornerstone of the 
sanctuary's mission. NOAA is seeking input on the effectiveness of the 
sanctuary's current education and outreach programs and ideas regarding 
how to continue to expand public awareness, including opportunities to 
participate in environmental research and monitoring, integrating 
outreach into all education levels, and more effective partnering with 
tribes, federal and state agencies, local businesses and organizations, 
and other user groups.

IV. Boundary and Regulatory Changes

    In preparing for public scoping, NOAA has not identified the need 
for any changes to OCNMS boundaries. However, NOAA is interested in 
public input on the adequacy of existing boundaries to protect 
sanctuary resources, and other regulatory changes. Regulatory changes 
and/or boundary modifications 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 prior to any 
finalization and implementation.

V. Public Comments

    NOAA is interested in receiving input on:
    [cir] The effectiveness of the existing management plan in meeting 
both the mandates of the NMSA and OCNMS goals and objectives.
    [cir] The effectiveness of OCNMS programs, including programs 
focused on resource protection; education and outreach; and research 
and monitoring.
    [cir] NOAA's implementation of OCNMS regulations and issuance of 
permits.
    [cir] The existing operational and administrative framework at 
OCNMS (staffing, offices, vessels, capabilities, infrastructure, etc.).
    [cir] The relevance and timeliness of the management issues 
identified above.

VI. 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.
    Executive Order 13175, ``Consultation and Coordination with Indian 
Tribal Governments'' (November 6, 2000), requires each Federal agency 
to establish procedures for meaningful consultation and coordination 
with tribal officials in the development of Federal policies that have 
tribal implications. NOAA will initiate communication and consultation 
with tribal officials pursuant to Executive Order 13175, Department of 
Commerce tribal consultation policies, and NOAA procedures for 
government-to-government consultation with federally-recognized Indian 
Tribes. As previously noted, the sanctuary's trust responsibility to 
each of the Coastal Treaty Tribes will help guide the management plan 
review.
    Authority: 16 U.S.C. 1431 et seq.

John Armor,
Director, Office of National Marine Sanctuaries, National Ocean 
Service, National Oceanic and Atmospheric Administration.
[FR Doc. 2023-01682 Filed 1-30-23; 8:45 am]
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