80 FR 66928 - Monomoy National Wildlife Refuge, Barnstable County, MA; Final Comprehensive Conservation Plan and Environmental Impact Statement

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 80, Issue 210 (October 30, 2015)

We, the U.S. Fish and Wildlife Service (Service), announce the availability for review of our final comprehensive conservation plan (CCP) and environmental impact statement (EIS) for Monomoy National Wildlife Refuge (NWR). The CCP/EIS describes how we propose to manage the refuge for the next 15 years.

[Federal Register Volume 80, Number 210 (Friday, October 30, 2015)]
[Notices]
[Pages 66928-66929]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27439]



[[Page 66928]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R5-R-2015-N080; BAC-4311-K9-S3]


Monomoy National Wildlife Refuge, Barnstable County, MA; Final 
Comprehensive Conservation Plan and Environmental Impact Statement

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; final comprehensive conservation plan 
and environmental impact statement.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
availability for review of our final comprehensive conservation plan 
(CCP) and environmental impact statement (EIS) for Monomoy National 
Wildlife Refuge (NWR). The CCP/EIS describes how we propose to manage 
the refuge for the next 15 years.

DATES: We will sign a record of decision (ROD) no sooner than 30 days 
after the publication of this notice.

ADDRESSES: You may view or obtain copies of the final CCP/EIS by any of 
the following methods. You may also request a hard copy or a CD-ROM.
    Agency Web site: Download a copy of the document at http://www.fws.gov/refuge/monomoy/what_we_do/conservation.html.
    Email: Send requests to [email protected], and include 
``Monomoy NWR CCP'' in the subject line of your email.
    U.S. Mail: Matthew Hillman, Refuge Manager, Monomoy NWR, 30 Wikis 
Way, Chatham, MA 02633.
    Fax: Attention: Matthew Hillman, 508-945-9559.
    In-Person Viewing or Pickup: Call 508-945-0594 ext. 11 to make an 
appointment (necessary for view/pickup only) during regular business 
hours at Monomoy NWR, 30 Wikis Way, Chatham, MA 02633. Alternatively, 
call 978-443-4661 to make an appointment (necessary for view/pickup 
only) during regular business hours at Eastern Massachusetts NWR 
Complex headquarters office, 73 Weir Hill Road, Sudbury, MA 01776.
    To view comments on the final CCP/EIS from the Environmental 
Protection Agency (EPA), or for information on EPA's role in the EIS 
process, see EPA's Role in the EIS Process under SUPPLEMENTARY 
INFORMATION.

FOR FURTHER INFORMATION CONTACT: Matthew Hillman, Refuge Manager, 508-
945-0594, ext. 11 (phone); [email protected] (email).

SUPPLEMENTARY INFORMATION: 

Introduction

    With this notice, we continue the CCP process for Monomoy NWR, 
which officially began on February 24, 1999, when we published a 
Federal Register notice (64 FR 9166) announcing our intent to prepare a 
CCP. The notice indicated that one draft CCP/EIS would be written for 
all eight refuges in the Eastern Massachusetts NWR Complex, of which 
Monomoy NWR is a part. However, as our work got under way to develop 
one CCP/EIS for eight refuges, we recognized that each had distinct 
issues and management concerns, and it became apparent that grouping 
the refuges into separate CCP/EISs would make sense. Thus, in two 
separate Federal Register notices--one published on February 15, 2001 
(66 FR 10506), and a second one published on December 13, 2004 (69 FR 
72210)--we explained our intent to reorganize our CCP planning effort 
for the eight refuges, including Monomoy NWR. For more information 
about the initial steps of the planning process and the history of this 
refuge, see the December 13, 2004, notice.
    On April 10, 2014, we announced the release of the draft CCP/EIS to 
the public and requested comments in a notice of availability (NOA) in 
the Federal Register (79 FR 19920). We subsequently extended the public 
comment period in another notice in the Federal Register (79 FR 36554) 
on June 27, 2014. In addition, EPA published a notice announcing the 
draft CCP/EIS on April 18, 2014, as required under Section 309 of the 
Clean Air Act (CAA) (42 U.S.C. 7401 et seq.). We now announce the final 
CCP/EIS. Under the CAA, EPA also will announce the final CCP/EIS via 
the Federal Register.

EPA's Role in the EIS Process

    The EPA is charged under Section 309 of the CAA to review all 
Federal agencies' EISs and to comment on the adequacy and the 
acceptability of the environmental impacts of proposed actions in the 
EISs.
    EPA also serves as the repository (EIS database) for EISs prepared 
by Federal agencies and provides notice of their availability in the 
Federal Register. The EIS database provides information about EISs 
prepared by Federal agencies, as well as EPA's comments concerning the 
EISs. All EISs are filed with EPA, which publishes a NOA on Fridays in 
the Federal Register.
    A NOA is published at the start of the 45-day public comment period 
for draft EISs, as well as at the start of the 30-day ``wait period'' 
for final EISs. With final EISs, agencies are generally required to 
wait 30 days before making a decision on a proposed action. For more 
information, see http://www.epa.gov/compliance/nepa/eisdata.html. You 
may search for EPA comments on EISs, along with EISs themselves, at 
https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.
    This notice announces the availability of the final CCP/EIS for 
Monomoy NWR in accordance with the National Environmental Policy Act 
(NEPA) (40 CFR 1506.6(b)). The final CCP/EIS includes a detailed 
description of the three management alternatives we considered to guide 
us in managing and administering the refuge for the next 15 years. The 
document also contains a thorough analysis of impacts predicted from 
implementing each of the alternatives on the surrounding natural and 
human environments. We propose that alternative B, the Service-
preferred alternative, serve as the foundation for the final, stand-
alone CCP. We highlight the modifications we made to alternative B 
between the draft and final CCP/EIS in Comments, below.
    Our next planning step is to complete a ROD no sooner than 30 days 
after publication of this notice (40 CFR 1506.10(b)(2)).

Background

The CCP Process

    The National Wildlife Refuge System Administration Act of 1966 (16 
U.S.C. 668dd-668ee) (Refuge Administration Act), as amended by the 
National Wildlife Refuge System Improvement Act of 1997, requires us to 
develop a CCP for each NWR. The purpose for developing a CCP is to 
provide refuge managers with a 15-year plan for achieving refuge 
purposes and goals and contributing to the mission of the National 
Wildlife Refuge System (NWRS). CCPs should be consistent with sound 
principles of fish and wildlife management, conservation, legal 
mandates, and our policies, as well as respond to key issues and public 
concerns. In addition to outlining broad management direction on 
conserving wildlife and their habitats, CCPs identify wildlife-
dependent recreational opportunities available to the public, including 
opportunities for hunting, fishing, wildlife observation and 
photography, and environmental education and interpretation. We will 
review and update the CCP at least every 15 years, in accordance with 
the Refuge Administration Act.

Monomoy NWR

    In 1944, Monomoy NWR was established under the authority of the

[[Page 66929]]

Migratory Bird Conservation Act ``for use as an inviolate sanctuary, or 
any other management purpose, expressly for migratory birds.'' The 
lands and waters of the refuge were acquired via a 1944 Declaration of 
Taking filed with the Federal District Court for the District of 
Massachusetts. The refuge boundary is defined in the Declaration of 
Taking as following mean low water (MLW) along the eastern side of the 
refuge, and following a fixed line on the western side. Nearly half (47 
percent) of the refuge, including most refuge land above the MLW mark, 
is federally designated as a wilderness area, currently the only 
wilderness area in southern New England. The 7,921-acre refuge is 
composed of natural terrestrial habitats dominated by intertidal 
sandflats, open sand, grassland-covered dunes, and salt marsh, 
interspersed with shrublands representative of coastal ecosystems. The 
majority (60 percent) of the refuge's vegetation cover types are shaped 
by the dynamic tidal processes and shifting sands associated with 
barrier beach habitats. The remaining 40 percent is composed of upland 
shrubland and forest with woody shrubs and small trees.

CCP Alternatives

    During the scoping phase of the planning process, we identified a 
variety of major issues based on input from the public, State or 
Federal agencies, other Service programs, and our planning team. These 
issues included the present location of the refuge boundary and the 
extent of Service jurisdiction for regulating fishing (shellfishing, 
sport fishing, and commercial open water fishing), management of 
natural and wilderness resources, where to allow public access, the 
refuge's relationship with neighbors and the local community, and 
identifying compatible recreational and other public uses. We developed 
refuge management alternatives to address community concerns; achieve 
refuge goals, objectives, and purposes; and support the NWRS mission. 
Our draft CCP/EIS (79 FR 19920) and final CCP/EIS fully analyze three 
alternatives for the future management of the refuge: (1) Alternative 
A, Current Management; (2) Alternative B, Enhanced Management of 
Habitat and Public Uses (Service-preferred alternative); and (3) 
Alternative C, Natural Processes. Alternative A satisfies the NEPA 
requirement of a ``No Action'' alternative. Both the draft and final 
plans identify alternative B as the Service-preferred alternative. 
Please refer to the final CCP/EIS for more details on each of the 
alternatives.

Comments

    We solicited comments on the draft CCP/EIS for Monomoy NWR from 
April 10, 2014, to October 10, 2014 (79 FR 19920; 79 FR 36554). During 
the comment period, we received 255 separate written responses and 39 
oral comments from the public hearings. Of the 255 written comments, 41 
were the same form letter. We also received two petitions: one signed 
by approximately 650 individuals (Petition A) and the other by 
approximately 1,576 individuals (Petition B). We also held one public 
hearing and five refuge open houses to answer questions about the draft 
CCP/EIS and collect oral and written comments. We evaluated all of the 
substantive comments we received, and include a summary of those 
comments, and our responses to them, as appendix K in the final CCP/
EIS.

Changes to the Alternative B, the Service's Preferred Alternative

    After considering the comments we received on our draft CCP/EIS, we 
have made several modifications to alternative B in the final plan, 
including adding or revising several management strategies. Below we 
present a brief overview of these changes; a full description of the 
changes is included in appendix K in the final CCP/EIS.
     In June 2015, we signed a new Memorandum of Understanding 
(see appendix L in the final CCP/EIS) with the town of Chatham (Town) 
Board of Selectman that administratively determines a management 
boundary line on Nauset/South Beach. To the east of the boundary line, 
the Town will manage lands; to the west of the boundary line, the 
refuge will manage lands. The agreement will be in effect for the next 
15 years and has been incorporated into alternative B of the final CCP/
EIS.
     We have changed our position on fin fishing with bottom 
disturbing gear, and use of fish weirs, and do not plan to add 
regulations to their use within the refuge boundary at this time as 
existing Federal, State, and Town regulations are adequate to protect 
refuge resources.
     We have changed our position on prohibiting shellfishing 
with mechanized equipment below MLW for softshell clams, scallops, 
quahogs, and sea clams and do not plan to add regulations to their use 
within the refuge boundary at this time as existing State and Town 
regulations are adequate to protect refuge resources. Above MLW, refuge 
regulations will continue to allow only hand-harvest of shellfish; but 
no salting or use of wheeled carts would be allowed. We would continue 
to not allow horseshoe crab and mussel harvesting across refuge lands 
and waters because of their importance as a food resource for migratory 
birds.
     We re-examined our position on dog walking and will 
continue to allow dogs on leash on Morris Island, from September 16 
through April 30 only. This is consistent with Town regulations and is 
a time period when less wildlife is found on the Morris Island part of 
the refuge. We will not allow dogs on any other sections of the refuge 
at any time of the year.
     We have changed our position about the placement of boat 
moorings and will allow conservation boat moorings within the refuge 
boundary under certain stipulations. We will evaluate requests on a 
case-by-case basis to determine their appropriateness and 
compatibility.
    Alternative B, with these changes, is still our preferred 
alternative in the final CCP/EIS for Monomoy NWR for several reasons. 
First, alternative B comprises a mix of actions that, in our 
professional judgment, work best towards achieving the refuge's 
purposes, vision, and goals, NWRS policies, and the goals of other 
State and Regional conservation plans. Second, we also believe that 
alternative B most effectively addresses key issues raised during the 
planning process.

Public Availability of Documents

    In addition to any one method in ADDRESSES, you can view documents 
at the following location:
     Eldredge Public Library, 564 Main Street, Chatham, MA 
02633 Telephone number: 508-945-5170.

Next Steps

    We will document the final decision in a ROD, which will be 
published in the Federal Register after a 30-day ``wait period'' that 
begins when EPA announces this final CCP/EIS. For more information, see 
EPA's Role in the EIS Process.

    Dated: October 7, 2015.
Deborah Rocque,
Acting Regional Director, Northeast Region.
[FR Doc. 2015-27439 Filed 10-29-15; 8:45 a.m.]
BILLING CODE 4333-15-P