[Federal Register Volume 88, Number 74 (Tuesday, April 18, 2023)]
[Notices]
[Pages 23624-23627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08170]


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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 Designation of a 
National Marine Sanctuary for the Pacific Remote Islands

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

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) 
and National Environmental Policy Act (NEPA), NOAA is initiating the 
process to consider designating the submerged lands and waters 
surrounding the Pacific Remote Islands to the full extent of the U.S. 
Exclusive Economic Zone (EEZ) as a new national marine sanctuary. NOAA 
will prepare a draft environmental impact statement (DEIS) for the 
sanctuary designation process to discuss environmental impacts and 
inform decision makers and the public of reasonable alternatives that 
would avoid or minimize adverse impacts or enhance the quality of the 
human environment. NOAA is initiating the public scoping process to 
invite comments on the scope and significance of issues to be addressed 
in the DEIS 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, which would include the 
preparation and release of draft designation documents, as well as the 
formulation of alternatives for the DEIS.

DATES: Comments must be received by NOAA on or before June 2, 2023.
    Public Meetings: NOAA will host in-person public scoping meetings, 
with an option to join virtually, at the following dates:

 May 10, 2023--Honolulu, Hawaii
 May 11, 2023--Hilo, Hawaii
 May 17, 2023--Hagatna, Guam
 May 18, 2023--Saipan, Commonwealth of the Northern Mariana 
Islands
 May 19, 2023--Rota, Commonwealth of the Northern Mariana 
Islands
 May 20, 2023--Tinian, Commonwealth of the Northern Mariana 
Islands
 May 24, 2023--Pago Pago, American Samoa

    Meeting times, locations, and virtual meeting links will be made 
available at least 15 days before each meeting, and will be posted at 
https://sanctuaries.noaa.gov/pacific-remote-islands.

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-2023-0052'' 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: PRI-
Proposed Sanctuary, NOAA/ONMS, [incare] Hoku Kaaekuahiwi Pousima, 76 
Kamehameha Ave., Hilo, HI 96720.
     Public Scoping Meetings: Provide oral comments during 
virtual and in-person public scoping meetings, as described under 
DATES. Meeting details and additional information about how to 
participate in these public scoping meetings is available at https://sanctuaries.noaa.gov/pacific-remote-islands.
    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 personally identifiable 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the commenter will be publicly accessible. NOAA will accept 
anonymous comments (in the Federal e-Rulemaking Portal, enter ``N/A'' 
in the required fields if you wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Hoku Kaaekuahiwi Pousima, (808) 731-
8441, [email protected], NOAA ONMS, Pacific Islands Region 
Policy Analyst.

SUPPLEMENTARY INFORMATION:

I. Background on the Area Under Consideration

    The National Marine Sanctuaries Act, as amended (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

[[Page 23625]]

aesthetic qualities. A 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 ONMS.
    On March 11, 2023, the Pacific Remote Islands Coalition submitted a 
nomination (https://nominate.noaa.gov/nominations/) to NOAA through the 
Sanctuary Nomination Process (79 FR 33851), asking NOAA to consider 
designating the Pacific Remote Islands as a national marine sanctuary 
to permanently and strongly protect an area of unique, diverse marine 
ecosystems and cultural and historical importance.
    On March 24, 2023, President Biden issued a Presidential Memorandum 
in which he directed the Secretary to consider initiating the 
designation of a national marine sanctuary within 30 days to provide 
the most comprehensive and lasting protections to the significant 
natural and cultural resources of the submerged lands and waters 
surrounding the seven islands, atolls, and the reefs of the Pacific 
Remote Islands Marine National Monument, both within and outside the 
Monument boundary, to the full extent of the seaward limit of the EEZ, 
including marine life, shoals, seamounts, reefs, banks, and sediments 
high in minerals and sequestered carbon dioxide for the benefit of 
present and future generations. NOAA is initiating the process to 
designate this area as a national marine sanctuary based on the 
information included in the Pacific Remote Islands Coalition 
nomination, as well as the information provided in the Presidential 
Memorandum.
    The diverse and intact ecosystems of the Pacific Remote Islands, 
including the pelagic seascapes and underwater seamounts, support a 
host of species from corals and marine mammals to seabirds and deep-sea 
species found nowhere else in the world. Many threatened, endangered, 
and depleted species thrive in the area, including the green and 
hawksbill turtles, pearl oysters, giant clams, sharks, rays, marlin, 
tuna, groupers, humphead and Napoleon wrasses, bumphead parrotfish, 
dolphins, and whales. Intact natural ecosystems such as the Pacific 
Remote Islands are often more resilient to the effects of climate 
change and can help in the fight against biodiversity loss.
    Considering sanctuary designation for the area is also an 
opportunity to recognize the importance of Indigenous knowledge, 
stories, and cultural connections between lands and peoples, and 
celebrate the individual nature of cultures. Although uninhabited 
today, for centuries wayfinders of Pacific Island Indigenous Peoples 
visited these islands while navigating through the expanse of the vast 
Pacific Ocean. Native Hawaiians, Chamorro, and other Indigenous Peoples 
voyaged between distant communities across this vast swath of the 
Central and Western Pacific, wayfinding with great proficiency using 
the stars, winds, and currents. Their sail routes are being used once 
again by contemporary open-ocean wayfinders who are reinvigorating the 
legacy of their ancestors. Additionally, the bravery and sacrifice of 
the Hui Panal[amacr][revaps]au--a group of 130 young men, mostly Native 
Hawaiian, who voluntarily occupied the islands of Jarvis, Baker, and 
Howland from 1935 to 1942 helped secure America's territorial claim.
    In 2009, President George W. Bush, through Presidential 
Proclamation 8336, established the Pacific Remote Islands Marine 
National Monument, which protected the islands, atolls, and emergent 
reef, and approximately 50 nautical miles of water around each. In 
2014, President Barack Obama, through Presidential Proclamation 9173, 
expanded the Monument to include 200 nautical miles--the full extent of 
the EEZ--around Jarvis and Wake Islands and Johnston Atoll. The 
Monument is cooperatively managed by the Secretary of Commerce (NOAA) 
and the Secretary of the Interior (U.S. Fish and Wildlife Service). 
Within the boundaries of the Monument, the U.S. Fish and Wildlife 
Service administers National Wildlife Refuges at Baker, Howland, and 
Jarvis Islands; Palmyra, Johnston, and Rose Atoll; and Kingman Reef. In 
addition, Wake Island and Johnson Atoll are under the administrative 
jurisdiction of the Department of Defense.
    The areas around Howland and Baker Islands, Palmyra Atoll, and 
Kingman Reef that are outside the Monument and National Wildlife Refuge 
boundaries include ecologically significant deep-water habitats and an 
associated array of seamounts with exceptional value for their 
biodiversity; spawning and feeding grounds for skipjack, yellowfin, and 
bigeye tuna species; and multiple apex predators that play a vital role 
in maintaining ecological balance and resilience of the ecosystem. 
Research continues to reveal the importance of these relatively 
unexplored habitats to the health, nutrient cycling, and carbon 
sequestration of the ocean.
    The Pacific Remote Islands Coalition nomination and Presidential 
Memorandum propose that a sanctuary should encompass the areas of the 
marine environment within the existing Pacific Remote Islands Marine 
National Monument, including the marine environment surrounding Wake, 
Johnston, and Palmyra Atolls; Howland, Baker, and Jarvis Islands; and 
Kingman Reef; extending to the outer limit of the EEZ (200 nautical 
miles), an area totaling approximately 24 million square kilometers 
(770,000 square miles). Wake, Johnston, and Palmyra Atolls; Howland, 
Baker, and Jarvis Islands; and Kingman Reef are all unincorporated 
territories of the United States.
    The Monument will continue to be jointly managed by the Secretary 
of Commerce and the Secretary of the Interior. Designation of the 
proposed national marine sanctuary would strengthen and increase the 
long-term protections already existing in the Monument, and cannot 
diminish them. Sanctuary designation would provide another layer of 
protection to continue conserving and honoring this place.
    A visual of the proposed national marine sanctuary, which may be 
considered for sanctuary designation, can be found at https://sanctuaries.noaa.gov/pacific-remote-islands. This visual is for 
reference purposes only to aid in the scoping process; it does not 
constitute a proposed boundary for the proposed sanctuary designation.

II. Public Scoping Process

    With this notice, NOAA is initiating a public scoping process to 
gather input from individuals, Federal, State, territorial, and local 
agencies, Native Hawaiian Organizations, and other representatives of 
Indigenous Peoples with ancestral, historic, and cultural connections 
to the area. NOAA intends to use this process to determine the scope of 
issues for analysis in the DEIS. While the public may comment on all 
matters relevant to the proposed designation of a national marine 
sanctuary in the Pacific Remote Islands, NOAA specifically requests 
comments on the following topics:
     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;
     specific threats to these resources;
     the regulatory framework most appropriate for management 
of the proposed sanctuary;
     the non-regulatory actions NOAA should prioritize within 
its draft management plan for the proposed sanctuary;

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     the potential socioeconomic, cultural, and biological 
impacts of sanctuary designation;
     information regarding historic properties in the entire 
area under consideration for a sanctuary designation and the potential 
effects to those historic properties; and
     other information relevant to the designation and 
management of a national marine sanctuary.

III. Background on 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, and coordination under the NMSA section 
304(a)(5) with the Western Pacific Regional Fishery Management Council 
on the preparation of draft fishing regulations as necessary to 
implement the proposed designation;
    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 initiate 
consultations with Federal, State, territorial, 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.

IV. Development of a Draft Environmental Impact Statement

    In accordance with the NMSA, NOAA must draft an environmental 
impact statement pursuant to NEPA when designating a 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 NMSA directs ONMS to identify and designate as national marine 
sanctuaries areas of the marine (including the Great Lakes) environment 
that are of special national significance, provides authority for 
comprehensive and coordinated conservation and management of these 
marine areas, and directs ONMS to protect the resources of these areas. 
The purpose and need for the proposed action is to consider whether a 
sanctuary designation in the Pacific Remote Islands area would fulfill 
the purposes and policies outlined in section 301(b) of the NMSA, 16 
U.S.C. 1431(b), and meet the sanctuary designation standards in section 
303 of the NMSA, 16 U.S.C. 1433.

B. Preliminary Description of Proposed Action and Alternatives

    NOAA's proposed action is to consider designating the submerged 
lands and waters surrounding the Pacific Remote Islands to the full 
extent of the EEZ 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 management programs developed with public 
input and crafted to meet the specific issues and protect 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 management authorities in 
the area.
    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.

C. Summary of Expected Impacts of Sanctuary Designation

    The DEIS will identify and describe significant environmental 
impacts and inform decision makers and the public of reasonable 
alternatives that would avoid or minimize adverse impacts or enhance 
the quality of the human environment. The proposed action may have 
impacts, or effects, on these areas:
     marine resources, including habitats, plants, birds, sea 
turtles, marine mammals, and special status species;
     maritime, cultural, and historic resources and properties, 
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 impacts of the proposed action to include: continued or 
enhanced long-term protection of the Pacific Remote Islands'natural, 
cultural and historic resources; improved planning and coordination of 
research, monitoring, and management actions; reduced disturbance of 
special status species; reduced threats and stressors to the area's 
resources; and minimal disturbance during research or restoration 
actions conducted by or on behalf of the sanctuary.

D. NEPA Lead and Cooperating Agency Roles

    NOAA will serve as the lead Federal agency for the NEPA process for 
the proposed action. Upon request of NOAA, any Federal agency with 
jurisdiction by law shall become a cooperating agency and any Federal 
agency with special expertise with respect to any environmental impact 
may become a cooperating agency. A State, Tribal, or local agency of 
similar qualifications may become a cooperating agency by agreement 
with NOAA in accordance with 40 CFR 1501.8.

E. Schedule for the Decision-Making Process

    NOAA expects to make the DEIS and other draft sanctuary designation 
documents available to the public in February 2024. NOAA expects to 
make the FEIS for sanctuary designation available to the public in 
December 2024. A Record of Decision will be issued 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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F. Anticipated Permits, Authorizations, and Consultations

    Federal 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-Stevens Fishery 
Conservation and Management Act, 16 U.S.C. 1801 et seq., National 
Historic Preservation Act (NHPA), 54 U.S.C. 300101 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 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. This notice also confirms that, with 
respect to the proposed sanctuary designation process, NOAA will 
fulfill any applicable responsibilities under Executive Order 13175, 
``Consultation and Coordination with Indian Tribal Governments,'' and 
NOAA's implementing policies and procedures.
    Authority: 16 U.S.C. 1431 et seq.; 42 U.S.C. 4321 et seq.; 40 CFR 
1500-1508 (NEPA Implementing Regulations); NOAA Administrative Order 
216-6A.

John Armor,
Director, Office of National Marine Sanctuaries, National Ocean 
Service, National Oceanic and Atmospheric Administration.
[FR Doc. 2023-08170 Filed 4-17-23; 8:45 am]
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