80 FR 51973 - Initiation of Review of Management Plan and Regulations of the Monterey Bay National Marine Sanctuary; Intent To Conduct Scoping and Prepare Draft Environmental Impact Statement and Management Plan

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 166 (August 27, 2015)

Monterey Bay National Marine Sanctuary (MBNMS or sanctuary) was designated in September 1992. It spans 4,601 square nautical miles (6.094 square miles) of marine waters off the central California coast, encompassing several large, nearshore submarine canyons, an offshore seamount and numerous marine habitats representative of the central California coastal and marine ecosystem. The present management plan was written and published in 2008 along with a final environmental impact statement in accordance with the National Environmental Policy Act (NEPA). In accordance with Section 304(e) of the National Marine Sanctuaries Act, as amended, (NMSA), the Office of National Marine Sanctuaries (ONMS) of the National Oceanic and Atmospheric Administration (NOAA) is initiating a review of the MBNMS management plan, to evaluate substantive progress toward implementing the goals for the sanctuary, and to make revisions to the plan and regulations as necessary to fulfill the purposes and policies of the NMSA. NOAA anticipates regulatory and 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 MBNMS management plan and regulations and the proper scope of environmental review for the project. The scoping meetings are scheduled as detailed below.

[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)]
[Proposed Rules]
[Pages 51973-51975]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21132]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922


Initiation of Review of Management Plan and Regulations of the 
Monterey Bay National Marine Sanctuary; Intent To Conduct Scoping and 
Prepare Draft Environmental Impact Statement and 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 and regulations; intent 
to conduct scoping and prepare environmental impact statement.

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SUMMARY: Monterey Bay National Marine Sanctuary (MBNMS or sanctuary) 
was designated in September 1992. It spans 4,601 square nautical miles 
(6.094 square miles) of marine waters off the central California coast, 
encompassing several large, nearshore submarine canyons, an offshore 
seamount and numerous marine habitats representative of the central 
California coastal and marine ecosystem. The present management plan 
was written and published in 2008 along with a final environmental 
impact statement in accordance with the National Environmental Policy 
Act (NEPA). In accordance with Section 304(e) of the National Marine 
Sanctuaries Act, as amended, (NMSA), the Office of National Marine 
Sanctuaries (ONMS) of the National Oceanic and Atmospheric 
Administration (NOAA) is initiating a review of the MBNMS management 
plan, to evaluate substantive progress toward implementing the goals 
for the sanctuary, and to make revisions to the plan and regulations as 
necessary to fulfill the purposes and policies of the NMSA. NOAA 
anticipates regulatory and 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 MBNMS management plan and 
regulations and the proper scope of environmental review for the 
project. The scoping meetings are scheduled as detailed below.

[[Page 51974]]


DATES: Written comments should be received on or before October 30, 
2015.
    Scoping meetings will be held on:
    (1) September 10, 6-8 p.m., Monterey Conference Center, Monterey, 
CA.
    (2) September 23, 6-8 p.m., Louden Nelson Center, Santa Cruz, CA.
    (3) October 23, 6-8 p.m., Veteran's Memorial Hall, Cambria, CA.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NOS-2015-0999, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NOS-2015-0999, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: 99 Pacific Street, Bldg. 455A, Monterey, California 
93940, Attn: Paul Michel, Superintendent.
    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 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender 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: Dawn Hayes, 831.647.4256, 
[email protected].

SUPPLEMENTARY INFORMATION: Reviewing the MBNMS management plan may 
result in proposed changes to existing plans and policies to address 
contemporary issues and challenges, and better protect and manage the 
sanctuary's resources and qualities. The review process is composed of 
four major stages: (1) Information collection and characterization; (2) 
preparation and release of a draft management plan and environmental 
impact statement, and any proposed amendments to the regulations; (3) 
public review and comment; (4) preparation and release of a final 
management plan and environmental document, and any final amendments to 
the regulations. NOAA will also address other statutory and regulatory 
requirements that may be required pursuant to the Endangered Species 
Act, Marine Mammal Protection Act, Essential Fish Habitat provisions of 
the Magnuson-Stevens Act, and the National Historic Preservation Act.

Preliminary Priority Topics

    NOAA has prepared a preliminary list of priority topics to consider 
during the MBNMS management plan review process. We are interested in 
public comment on these topics, as well as any other topics of interest 
to the public or other agencies in the context of the MBNMS management 
plan review. This list does not preclude or in any way limit the 
consideration of additional topics raised through public comment, 
government-to-government and interagency consultations, and discussions 
with partner agencies.

Collaborative Research and Management

    There is a continuing need for characterization, research and 
monitoring to understand baseline conditions of marine resources within 
the sanctuary, ecosystem functions, and status and trends of biological 
and socioeconomic resources. NOAA relies on the continued support of 
multiple partners and volunteers, and strives to address critical 
resource protection through collaborative multi-stakeholder management 
efforts. In addition to updating existing action plans in the 
management plan, NOAA is considering adding strategies and activities 
to address the following issues:
    Climate Change--Climate change is widely acknowledged, yet there is 
considerable uncertainty about current and future consequences at 
local, ecosystem and oceanic scales. Increased coordination and 
cooperation among science and resource management agencies are required 
to improve planning, monitoring and adaptive management to address this 
phenomenon as it pertains to the protection of MBNMS resources.
    Wildlife Disturbance--MBNMS is an active area with abundant human 
use, offering some of the most significant marine wildlife viewing in 
the world. NOAA is concerned about a variety of human activities that 
have the ability to disturb marine wildlife. The harassment of 
wildlife, in particular marine mammals, has increased in recent years 
due to increased numbers (and proximity) of certain whale species and 
humans involved in on-the-water activities. Impacts to the MBNMS 
soundscape are also a concern, as the cumulative effects of underwater 
noise generated by a variety of human activities have grown over the 
past half century. Expanded use of unmanned aircraft systems over the 
sanctuary may also require additional analysis to determine the degree 
to which these aircraft may, or may not, be causing harm to wildlife.
    Water Quality Protection--Water quality is key to ensuring 
protection for all sanctuary resources. Given the level of coastal 
development along MBNMS's extensive coastline, runoff of contaminants 
such as sediments, nutrients, fecal bacteria, pesticides, oil, grease, 
metals, and detergents from the approximately 7,000 square miles of 
coastal watershed areas makes the sanctuary vulnerable to coastal water 
pollution problems. Although MBNMS has an award-winning water quality 
protection program, NOAA believes that more focused attention on 
specific water quality issues is needed, as well as a coordinated 
regional monitoring program to provide meaningful information on 
conditions, trends, and contaminant loads.
    Marine Debris--Coastal marine debris is a persistent and poorly 
diagnosed problem within the sanctuary that negatively impacts natural 
and socioeconomic resources and qualities, including marine mammals, 
turtles and seabirds. NOAA is seeking input on innovative source 
controls and cleanups could help minimize impacts to sanctuary waters 
and habitats.

Regulatory Changes and Clarifications

    NOAA is considering several modifications to MBNMS regulations and 
definitions to facilitate resource protection, clarify legal intent, 
and enhance public understanding. These include: Clarifying the extent 
of the shoreward sanctuary boundary line and the means by which some of 
the zones within MBNMS are delineated; clarifying the intent of the 
prohibition on the take of historical resources; and prohibiting 
tampering with MBNMS signage and buoys. Other regulatory changes may be 
considered based on public scoping comments and staff work to adjust 
various action plans within the management plan.
    Other potential regulatory modifications on which NOAA is seeking 
public input include:
    (1) Reducing the required High Surf Warning (HSW) condition for 
Motorized Personal Watercraft operations at Mavericks to a High Surf 
Advisory (HSA) condition.
    (2) Minimizing disturbance from low overflights in the area of the 
Common Murre colony at Devil's Slide, a restoration site just beyond 
the MBNMS boundary line at Point San Pedro (San Mateo County).
    (3) Designating of specific zones where fireworks may be permitted 
within MBNMS.

[[Page 51975]]

    (4) Updating regulations to clarify the extent of the shoreward 
sanctuary boundary line.
    (5) Ensuring that salvers operating within MBNMS meet minimum 
industry standards for safety, liability, capacity, and environmentally 
sensitive salvage techniques during both emergency and non-emergency 
operations.
    (6) Clarifying the definition of ``cruise ship'' to include not 
only ships with berths for hire as is currently defined, but also ships 
with condominiums under private ownership.
    (7) Clarifying the intent and applicability of the existing 
prohibition on deserting a vessel in MBNMS.

Education, Outreach and Citizen Science

    Enhancing the public's awareness and appreciation of sanctuary 
resources is a cornerstone of MBNMS's mission. Recent initiatives, such 
as visitor centers, video media production, and partnering with 
recreation and tourism industry offer opportunities for NOAA and other 
entities to expand educational and outreach contributions and reach 
larger audiences. NOAA is seeking the public's view on developing and 
enhancing programs designed to enhance public awareness, including 
opportunities to participate in environmental research and monitoring.

Condition Report

    To inform the MBNMS management plan review, NOAA is updating the 
Monterey Bay National Marine Sanctuary Condition Report, which was 
first published in 2009. The 2009 report provided a summary of 
resources in MBNMS, pressures on those resources, current conditions 
and recent trends within the Sanctuary, and management responses to 
mitigate negative impacts. The 2015 Condition Report will update 
current conditions and recent changes for water quality, habitat, 
living resources and maritime archaeological resources in the 
sanctuary. It will also include an assessment of the Davidson Seamount 
Management Zone which NOAA added to MBNMS in 2009.
    A summary of the 2015 Condition Report will be available to the 
general public during the public scoping period and on the Internet at: 
http://sanctuaries.noaa.gov/science/condition/welcome.html. The final 
report will be made available in late December 2015 on the same Web 
site.

Public Comments

    NOAA is interested in hearing the public's view on:
     The potential impacts of the proposed actions discussed 
above and ways to mitigate these impacts.
     The topics discussed above for the next five to ten years 
and whether these are the right topics, the priority topics, or if 
there are additional topics NOAA should consider.
     The effectiveness of the existing management plan in 
meeting both the mandates of the NMSA and MBNMS goals and objectives.
     The public's view on the effectiveness of the MBNMS 
programs, including programs focused on: Resource protection; research 
and monitoring; education; volunteer; and outreach.
     NOAA's implementation of MBNMS regulations and permits.
     Adequacy of existing boundaries to protect sanctuary 
resources.
     Assessment of the existing operational and administrative 
framework (staffing, offices, vessels, etc.).

Federal Consultations

    This document also advises the public that NOAA will coordinate its 
consultation responsibilities under section 7 of the Endangered Species 
Act (ESA), Essential Fish Habitat (EFH) under the Magnuson Stevens 
Fishery Conservation and Management Act (MSA), section 106 of the 
National Historic Preservation Act (NHPA, 16 U.S.C. 470), and Federal 
Consistency review under the Coastal Zone Management Act (CZMA), along 
with its ongoing NEPA process including the use of NEPA documents and 
public and stakeholder meetings to also meet the requirements of 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 assessment or draft environmental impact 
statement.

    Authority:  16 U.S.C. 1431 et seq.

    Dated: August 20, 2015.
John Armor,
Acting Director, Office of National Marine Sanctuaries.
[FR Doc. 2015-21132 Filed 8-26-15; 8:45 am]
 BILLING CODE 3510-NK-P