80 FR 60634 - Notice of Intent to Conduct Scoping and to Prepare a Draft Environmental Impact Statement for the Proposed Mallows Bay-Potomac River National Marine Sanctuary
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 194 (October 7, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 194 (October 7, 2015)
| Page Range | 60634-60636 | |
| FR Document | 2015-25510 |
[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)] [Notices] [Pages 60634-60636] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-25510] ----------------------------------------------------------------------- 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 Mallows Bay--Potomac River 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 conduct scoping, hold public scoping meetings and to prepare a draft environmental impact statement and management plan. ----------------------------------------------------------------------- SUMMARY: In accordance with section 304(a) of the National Marine Sanctuaries Act, as amended, (NMSA) (16 U.S.C. 1431 et seq.) and based on the resources and boundaries described in the community-based nomination submitted to NOAA on September 16, 2014 (nominate.noaa.gov/nominations) NOAA is initiating a process to consider designating Mallows Bay-Potomac River as a national marine sanctuary. The designation process, as required by the NMSA, will be conducted concurrently with a public process under the National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.). This notice also informs the public that NOAA will coordinate its responsibilities under section 106 of the National Historic Preservation Act (NHPA) (16 U.S.C. 470) with its ongoing NEPA process, pursuant to 36 CFR 800.8(a), including the use of NEPA documents and public and stakeholder meetings to also meet the requirements of section 106. The public scoping process is intended to solicit information and comments on the range of issues and the significant issues to be analyzed in depth in an environmental impact statement 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 and in formulating alternatives for the draft environmental impact statement and proposed regulations, including developing sanctuary boundaries. It will also inform the initiation of any consultations with federal, state, or local agencies and other interested parties, as appropriate. DATES: Comments must be received by January 15, 2016. Public scoping meetings will be held as detailed below: (1) La Plata, MD Date: November 4, 2015 [[Page 60635]] Location: Charles County Government Building Auditorium Address: 200 Baltimore Street, La Plata, MD Time: 6:30-9:00 p.m. (2) Annapolis, MD Date: November 10, 2015 Location: Annapolis Maritime Museum Address: 723 Second Street, Annapolis, MD Time: 6:30-9:00 p.m. ADDRESSES: Comments may be submitted by any one of the following methods:Electronic Submission: Submit all electronic public comments via the Federal eRulemaking Portal. Go to http://www.regulations.gov/#!docketDetail;D=NOAA-NOS-2015-0111, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. Mail: Paul Orlando, Regional Coordinator, Northeast and Great Lakes Region, 410 Severn Ave, Suite 207-A, Annapolis MD 21403. 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 (for example, name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily submitted 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: Paul Orlando, Regional Coordinator, Northeast and Great Lakes Region, (240) 460-1978, [email protected]. SUPPLEMENTARY INFORMATION: I. Background The NMSA 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 esthetic qualities. Day-to-day management of national marine sanctuaries has been delegated by the Secretary to ONMS. The primary objective of the NMSA is to protect the biological and cultural resources of the sanctuary system, such as coral reefs, marine animals, historical shipwrecks, historic structures, and archaeological sites. The Mallows Bay area of the tidal Potomac River being considered for designation as a national marine sanctuary is an area 40 miles south of Washington, DC off the Nanjemoy Peninsula of Charles County, MD. The area includes submerged lands along the Potomac River that begin at the mean high tide water mark off Sandy Point and extend westward to the low water line just east of the Maryland-Virginia border near Clifton Point, VA. From there, the area extends southward following the Maryland-Virginia border to Brent's Point, VA. It then extends northeast to Smith Point, MD and follows the low water mark north along the Maryland shoreline back to Sandy Point. This area includes the waters of Wades Bay, Blue Banks, Mallows Bay, Liverpool Cove and the Mallows Bay ``Burning Basin'' as far east as the egress for Marlow Creek into the basin itself. This is an area of national significance featuring unique historical, archaeological, cultural, ecological, and esthetic resources and qualities, which offer opportunities for conservation, education, recreation, and research. Its maritime landscape is home to a diverse collection of historic shipwrecks from the Revolutionary War through the present, totaling nearly 200 known vessels including the remains of the largest ``Ghost Fleet'' of World War I, wooden steamships built for the U.S. Emergency Fleet. The area's archaeological and cultural resources cover centuries of history from the earliest American Indian presence in the region circa 12,000 years ago to the roles that this area played in the Revolutionary, Civil and two World Wars, as well as in successive regimes of Potomac fishing industries. Its largely undeveloped landscape and waterscape have been identified as one of the most ecologically valuable areas in Maryland, providing important habitat for fish and wildlife, including rare, threatened and endangered species. NOAA encourages the public to review the full nomination at www.nominate.noaa.gov/nominations. II. Need for action On September 16, 2014, pursuant to Section 304 of the National Marine Sanctuaries Act and the Sanctuary Nomination Process (79 FR 33851), a coalition of community groups submitted a nomination asking NOAA to designate Mallows Bay-Potomac River as a national marine sanctuary. The nomination cited conservation goals to protect and conserve the fragile remains of the Nation's cultural heritage as well as the opportunities to expand public access, recreation, tourism, research, and education to the area. The Maryland Department of Natural Resources (DNR), Maryland Historical Trust, Maryland Department of Tourism, and Charles County, MD, have worked together with community partners to initiate additional conservation and compatible public access strategies in and around Mallows Bay, consistent with numerous planning and implementation documents. In 2010, DNR purchased a portion of land adjacent to Mallows Bay and made it available to Charles County to create and manage Mallows Bay County Park, the main launch point for access to the historic shipwrecks. Pursuant to the National Historic Preservation Act, Maryland Historical Trust has stewardship and oversight responsibility for the shipwrecks, along with hundreds of other historic sites around the state. Maryland DNR manages the waterbody and associated ecosystem resources, including land use, resource conservation and extraction activities. The lands on either side of Mallows Bay County Park are held by the U.S. Department of Interior's Bureau of Land Management and a private citizen. DNR and the Mallows Bay Steering Committee convened a committee to discuss the concept of a national marine sanctuary and ultimately to develop the nomination that was submitted to NOAA. The committee, which represented a broad base of constituency groups, employed a consensus- based process to discuss a variety of issues, considerations, and priorities leading up to the nomination. The nomination was endorsed by a diverse coalition of organizations and individuals at local, state, regional and national levels including elected officials, businesses, Native Americans, environmental, recreation, conservation, fishing, tourism, museums, historical societies, and education groups. The nomination identified opportunities for NOAA to protect, study, interpret, and manage the area's unique resources, including by building on existing local, county, and State of Maryland efforts to manage the area for the protection of shipwrecks. NOAA is initiating the process to designate this area as a national marine sanctuary based on the nomination submitted to the agency as part of the Sanctuary Nomination Process (SNP). NOAA's review of the nomination against the criteria and considerations of the SNP, including the requirement for broad-based community support indicated strong merit in proposing this area as a national marine sanctuary. [[Page 60636]] NOAA completed its review of the nomination in accordance with the Sanctuary Nomination Process and on January 12, 2015 added the area to the inventory of nominations that are eligible for designation. Designation under the NMSA would allow NOAA to supplement and complement work by the State of Maryland and other federal agencies to protect this collection of nationally significant shipwrecks. III. Process The process for designating Mallows Bay-Potomac River as a national marine sanctuary includes the following stages: 1. Public Scoping Process--Information collection and characterization, including the consideration of public comments received during scoping; 2. Preparation and release of draft designation documents including a draft environmental impact statement (DEIS) that identifies boundary alternatives, a draft management plan (DMP), as well as a notice of proposed rulemaking (NPRM) to define proposed sanctuary regulations. Draft documents would be used to initiate consultations with federal, state, or local agencies and other interested parties, as appropriate; 3. Public review and comment on the DEIS, DMP, and NPRM; 4. Preparation and release of a final environmental impact statement, final management plan, including a response to public comments, with a final rule and regulations, if appropriate. With this notice, NOAA is initiating a public scoping process to: 1. Gather information and public comments from individuals, organizations, and government agencies on the designation of Mallows Bay--Potomac River as a national marine sanctuary based on the community-based nomination of September 2014, especially: a) the spatial extent of the proposed boundary; and b) the resources that would be protected; 2. Help determine the scope and significance of issues to be addressed in the preparation of an environmental analysis under NEPA including socioeconomic impacts of designation, effects of designation on cultural and biological resources, and threats to resources within the proposed area; 3. Help determine the proposed action and possible alternatives pursuant to NEPA and to conduct any appropriate consultations. IV. Consultation Under Section 106 of the National Historic Preservation Act This notice confirms that NOAA will fulfill its responsibility under section 106 of the National Historic Preservation Act (NHPA) through the ongoing NEPA process, pursuant to 36 CFR 800.8(a) including the use of NEPA documents and public and stakeholder meetings to meet the section 106 requirements. The NHPA specifically applies to any agency undertaking that may affect historic properties. Pursuant to 36 CFR 800.16(1)(1), historic properties includes: ``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 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.'' 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: September 30, 2015. John Armor, Acting Director for the Office of National Marine Sanctuaries. [FR Doc. 2015-25510 Filed 10-5-15; 11:15 am] BILLING CODE 3510-NK-P
![60634 Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices
Result of 2013 EFP during the months of July, August, DEPARTMENT OF COMMERCE
During the 2013 season, a total of September, October, and November.
(Horseshoe crabs are readily available in National Oceanic and Atmospheric
3,500 horseshoe crabs were gathered
harvestable concentrations nearshore Administration
over a period of ten days, from the
Reserve for the manufacture of LAL. earlier in the year, and offshore in the
Notice of Intent to Conduct Scoping
After transportation to the laboratory, Reserve from July through November.);
and to Prepare a Draft Environmental
the horseshoe crabs were inspected for 3. Requiring that a 51⁄2 inch (14.0 cm) Impact Statement for the Proposed
size, injuries, and responsiveness. The flounder net be used by the vessel to Mallows Bay—Potomac River National
injured horseshoe crabs numbered 272, collect the horseshoe crabs. This Marine Sanctuary
or 7.8% of the total, while 36, or 1.0%, condition would allow for continuation
were noted as slow moving. In addition, AGENCY: Office of National Marine
of traditional harvest gear and adds to
three horseshoe crabs were rejected due Sanctuaries (ONMS), National Ocean
the consistency in the way horseshoe
to small size. Overall, 3,189 horseshoe Service (NOS), National Oceanic and
crabs are harvested for data collection;
crabs were used (bled) in the Atmospheric Administration (NOAA),
manufacture of LAL. Two hundred of 4. Limiting trawl tow times to 30 Department of Commerce (DOC).
the bled horseshoe crabs were randomly minutes as a conservation measure to ACTION: Notice of intent to conduct
selected for activity, morphometric and protect sea turtles, which are expected scoping, hold public scoping meetings
aging studies. The activity level was to be migrating through the area during and to prepare a draft environmental
categorized as ‘‘active’’ for 192 studied the collection period, and are vulnerable impact statement and management plan.
animals and ‘‘extremely active’’ for to bottom trawling;
eight. Morphometric studies noted that SUMMARY: In accordance with section
5. Requiring that the collected 304(a) of the National Marine
average inter-ocular distances, the horseshoe crabs be picked up from the
prosoma widths and the weights of Sanctuaries Act, as amended, (NMSA)
fishing vessels at docks in the Cape May (16 U.S.C. 1431 et seq.) and based on the
these 200 horseshoe crabs trended Area and transported to local
toward the higher end of the range resources and boundaries described in
laboratories, bled for LAL, and released the community-based nomination
established over the study period (2001– alive the following morning into the
2011). Of the 200 horseshoe crabs submitted to NOAA on September 16,
Lower Delaware Bay; and 2014 (nominate.noaa.gov/nominations)
examined in 2013, more than half (57%)
were categorized as medium aged 6. Requiring that any turtle take be NOAA is initiating a process to consider
followed by young (37%). Older animals reported to NMFS, Northeast Region, designating Mallows Bay-Potomac River
numbered 10 or 5% which is much less Assistant Regional Administrator of as a national marine sanctuary. The
than the percentages reported in 2010 Protected Resources Division, within 24 designation process, as required by the
and 2011 and similar to the 2007 year. hours of returning from the trip in NMSA, will be conducted concurrently
The 200 studied horseshoe crabs and which the incidental take occurred. with a public process under the
325 additional bled horseshoe crabs National Environmental Policy Act
As part of the terms and conditions of (NEPA) (42 U.S.C. 4321 et seq.). This
were tagged and released into the the EFP, for all horseshoe crabs bled for
Delaware Bay. To date, 116 live re- notice also informs the public that
LAL, NMFS would require that the EFP NOAA will coordinate its
sightings have occurred from the release holder provide data annually on sex
of 5,463 horseshoe crabs collected from responsibilities under section 106 of the
ratio and daily harvest. Also, the EFP National Historic Preservation Act
the Reserve. The observed horseshoe
holder would be required to examine at (NHPA) (16 U.S.C. 470) with its ongoing
crabs were found 1 to 8 years after
release, primarily along the Delaware least 200 horseshoe crabs annually for NEPA process, pursuant to 36 CFR
Bay shores during their spawning morphometric data. Terms and 800.8(a), including the use of NEPA
season. conditions may be added or amended documents and public and stakeholder
Data collected under previous EFPs prior to the issuance of the EFP or on meetings to also meet the requirements
were supplied to NMFS, the an annual basis. of section 106. The public scoping
Commission and the State of New The proposed EFP would exempt two process is intended to solicit
Jersey. There was no EFP issued for commercial vessels from regulations at information and comments on the range
2014. of issues and the significant issues to be
50 CFR 697.7(e) and 697.23(f), which
analyzed in depth in an environmental
Proposed 2015 EFP prohibit the harvest and possession of
impact statement related to designating
horseshoe crabs from the Reserve on a this area as a national marine sanctuary.
Limuli Laboratories proposes to vessel with a trawl or dredge gear
conduct an exempted fishery operation The results of this scoping process will
aboard. assist NOAA in moving forward with
in 2015 using the same means, methods,
and seasons proposed/utilized during Authority: 16 U.S.C. 1801 et seq. the designation process and in
the EFPs in 2001–2013. Limuli proposes Dated: October 2, 2015. formulating alternatives for the draft
to annually continue to tag at least 15 environmental impact statement and
Emily H. Menashes,
percent of the bled horseshoe crabs as proposed regulations, including
Acting Director, Office of Sustainable developing sanctuary boundaries. It will
they did in 2013. NMFS would require
Fisheries, National Marine Fisheries Service. also inform the initiation of any
that the following terms and conditions
asabaliauskas on DSK5VPTVN1PROD with NOTICES
[FR Doc. 2015–25540 Filed 10–6–15; 8:45 am] consultations with federal, state, or local
be met for issuance of the EFP for 2015:
1. Limiting the number of horseshoe BILLING CODE 3510–22–P agencies and other interested parties, as
crabs collected in the Reserve to no appropriate.
more than 500 crabs per day and to a DATES: Comments must be received by
total of no more than 10,000 crabs per January 15, 2016. Public scoping
year; meetings will be held as detailed below:
2. Requiring collections to take place (1) La Plata, MD
over a total of approximately 20 days Date: November 4, 2015
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![60636 Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices
NOAA completed its review of the Preservation Act (NHPA) through the ACTION:Notice; issuance of an incidental
nomination in accordance with the ongoing NEPA process, pursuant to 36 harassment authorization.
Sanctuary Nomination Process and on CFR 800.8(a) including the use of NEPA
January 12, 2015 added the area to the documents and public and stakeholder SUMMARY: In accordance with the
inventory of nominations that are meetings to meet the section 106 regulations implementing the Marine
eligible for designation. Designation requirements. The NHPA specifically Mammal Protection Act (MMPA) as
under the NMSA would allow NOAA to amended, notification is hereby given
applies to any agency undertaking that
supplement and complement work by that we have issued an incidental
may affect historic properties. Pursuant
the State of Maryland and other federal harassment authorization (IHA) to the
to 36 CFR 800.16(1)(1), historic
agencies to protect this collection of Alaska Department of Transportation
properties includes: ‘‘any prehistoric or
nationally significant shipwrecks. and Public Facilities (DOT&PF) to
historic district, site, building, structure
incidentally harass four species of
III. Process or object included in, or eligible for marine mammals during activities
inclusion in, the National Register of related to the reconstruction of the
The process for designating Mallows Historic Places maintained by the
Bay-Potomac River as a national marine existing ferry terminal at Pier 1 in
Secretary of the Interior. The term Kodiak, AK.
sanctuary includes the following stages: includes artifacts, records, and remains
1. Public Scoping Process— DATES: This authorization is effective
that are related to and located within
Information collection and from September 30, 2015, through
such properties. The term includes September 29, 2016.
characterization, including the properties of traditional religious and
consideration of public comments FOR FURTHER INFORMATION CONTACT:
cultural importance to an Indian tribe or
received during scoping; Robert Pauline, Office of Protected
Native Hawaiian organization and that
2. Preparation and release of draft Resources, NMFS, (301) 427–8401.
meet the National Register criteria.’’ In
designation documents including a draft SUPPLEMENTARY INFORMATION:
fulfilling its responsibility under the
environmental impact statement (DEIS)
NHPA and NEPA, NOAA intends to Availability
that identifies boundary alternatives, a
identify consulting parties; identify An electronic copy of DOT&PF’s
draft management plan (DMP), as well
historic properties and assess the effects application and supporting documents,
as a notice of proposed rulemaking
of the undertaking on such properties; as well as a list of the references cited
(NPRM) to define proposed sanctuary
initiate formal consultation with the in this document, may be obtained by
regulations. Draft documents would be
State Historic Preservation Officer, the visiting the Internet at:
used to initiate consultations with
Advisory Council of Historic www.nmfs.noaa.gov/pr/permits/
federal, state, or local agencies and other
Preservation, and other consulting incidental/construction.htm. In case of
interested parties, as appropriate;
3. Public review and comment on the parties; involve the public in problems accessing these documents,
DEIS, DMP, and NPRM; accordance with NOAA’s NEPA please call the contact listed above (see
4. Preparation and release of a final procedures, and develop in consultation FOR FURTHER INFORMATION CONTACT).
environmental impact statement, final with identified consulting parties
alternatives and proposed measures that Background
management plan, including a response
to public comments, with a final rule might avoid, minimize or mitigate any Sections 101(a)(5)(A) and (D) of the
and regulations, if appropriate. adverse effects on historic properties MMPA (16 U.S.C. 1361 et seq.) direct
With this notice, NOAA is initiating and describe them in any environmental the Secretary of Commerce to allow,
a public scoping process to: assessment or draft environmental upon request, the incidental, but not
1. Gather information and public impact statement. intentional, taking of small numbers of
comments from individuals, Authority: 16 U.S.C. 1431 et seq. marine mammals by U.S. citizens who
organizations, and government agencies engage in a specified activity (other than
Dated: September 30, 2015. commercial fishing) within a specified
on the designation of Mallows Bay—
Potomac River as a national marine John Armor, geographical region if certain findings
sanctuary based on the community- Acting Director for the Office of National are made and either regulations are
based nomination of September 2014, Marine Sanctuaries. issued or, if the taking is limited to
especially: a) the spatial extent of the [FR Doc. 2015–25510 Filed 10–5–15; 11:15 am] harassment, a notice of a proposed
proposed boundary; and b) the BILLING CODE 3510–NK–P authorization is provided to the public
resources that would be protected; for review.
2. Help determine the scope and Authorization for incidental takings
significance of issues to be addressed in DEPARTMENT OF COMMERCE shall be granted if NMFS finds that the
the preparation of an environmental taking will have a negligible impact on
analysis under NEPA including National Oceanic and Atmospheric the species or stock(s), will not have an
socioeconomic impacts of designation, Administration unmitigable adverse impact on the
effects of designation on cultural and availability of the species or stock(s) for
biological resources, and threats to RIN 0648–XE069 subsistence uses (where relevant), and if
resources within the proposed area; the permissible methods of taking and
3. Help determine the proposed action Takes of Marine Mammals Incidental to requirements pertaining to the
mitigation, monitoring and reporting of
asabaliauskas on DSK5VPTVN1PROD with NOTICES
and possible alternatives pursuant to Specified Activities; Taking Marine
NEPA and to conduct any appropriate Mammals Incidental to the Kodiak such takings are set forth. NMFS has
consultations. Ferry Terminal and Dock defined ‘‘negligible impact’’ in 50 CFR
Improvements Project 216.103 as ‘‘. . . an impact resulting
IV. Consultation Under Section 106 of from the specified activity that cannot
the National Historic Preservation Act AGENCY: National Marine Fisheries be reasonably expected to, and is not
This notice confirms that NOAA will Service (NMFS), National Oceanic and reasonably likely to, adversely affect the
fulfill its responsibility under section Atmospheric Administration (NOAA), species or stock through effects on
106 of the National Historic Commerce. annual rates of recruitment or survival.’’
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Document Created: 2015-12-15 08:48:34
Document Modified: 2015-12-15 08:48:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of intent to conduct scoping, hold public scoping meetings and to prepare a draft environmental impact statement and management plan. | |
| Dates | Comments must be received by January 15, 2016. Public scoping meetings will be held as detailed below: | |
| Contact | Paul Orlando, Regional Coordinator, Northeast and Great Lakes Region, (240) 460-1978, [email protected] | |
| FR Citation | 80 FR 60634 |
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