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)

Page Range		66928-66929
FR Document		2015-27439

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 Issue 210 (Friday, October 30, 2015)

[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 matthew_hillman@fws.gov, 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); matthew_hillman@fws.gov (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

Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Notices 66929

Migratory Bird Conservation Act ‘‘for Comments would be allowed. We would continue
use as an inviolate sanctuary, or any We solicited comments on the draft to not allow horseshoe crab and mussel
other management purpose, expressly CCP/EIS for Monomoy NWR from April harvesting across refuge lands and
for migratory birds.’’ The lands and 10, 2014, to October 10, 2014 (79 FR waters because of their importance as a
waters of the refuge were acquired via 19920; 79 FR 36554). During the food resource for migratory birds.
a 1944 Declaration of Taking filed with comment period, we received 255 • We re-examined our position on
the Federal District Court for the District separate written responses and 39 oral
of Massachusetts. The refuge boundary dog walking and will continue to allow
comments from the public hearings. Of dogs on leash on Morris Island, from
is defined in the Declaration of Taking
the 255 written comments, 41 were the September 16 through April 30 only.
as following mean low water (MLW)
same form letter. We also received two This is consistent with Town
along the eastern side of the refuge, and
petitions: one signed by approximately regulations and is a time period when
following a fixed line on the western
650 individuals (Petition A) and the less wildlife is found on the Morris
side. Nearly half (47 percent) of the
other by approximately 1,576 Island part of the refuge. We will not
refuge, including most refuge land
individuals (Petition B). We also held allow dogs on any other sections of the
above the MLW mark, is federally
one public hearing and five refuge open
designated as a wilderness area, refuge at any time of the year.
houses to answer questions about the
currently the only wilderness area in • We have changed our position
draft CCP/EIS and collect oral and
southern New England. The 7,921-acre about the placement of boat moorings
refuge is composed of natural terrestrial written comments. We evaluated all of
the substantive comments we received, and will allow conservation boat
habitats dominated by intertidal
and include a summary of those moorings within the refuge boundary
sandflats, open sand, grassland-covered
comments, and our responses to them, under certain stipulations. We will
dunes, and salt marsh, interspersed with
shrublands representative of coastal as appendix K in the final CCP/EIS. evaluate requests on a case-by-case basis
ecosystems. The majority (60 percent) of to determine their appropriateness and
Changes to the Alternative B, the
the refuge’s vegetation cover types are Service’s Preferred Alternative compatibility.
shaped by the dynamic tidal processes Alternative B, with these changes, is
After considering the comments we
and shifting sands associated with still our preferred alternative in the final
received on our draft CCP/EIS, we have
barrier beach habitats. The remaining 40 CCP/EIS for Monomoy NWR for several
made several modifications to
percent is composed of upland reasons. First, alternative B comprises a
alternative B in the final plan, including
shrubland and forest with woody shrubs mix of actions that, in our professional
and small trees. adding or revising several management
strategies. Below we present a brief judgment, work best towards achieving
CCP Alternatives overview of these changes; a full the refuge’s purposes, vision, and goals,
description of the changes is included NWRS policies, and the goals of other
During the scoping phase of the
planning process, we identified a in appendix K in the final CCP/EIS. State and Regional conservation plans.
variety of major issues based on input • In June 2015, we signed a new Second, we also believe that alternative
from the public, State or Federal Memorandum of Understanding (see B most effectively addresses key issues
agencies, other Service programs, and appendix L in the final CCP/EIS) with raised during the planning process.
our planning team. These issues the town of Chatham (Town) Board of
Selectman that administratively Public Availability of Documents
included the present location of the
refuge boundary and the extent of determines a management boundary In addition to any one method in
Service jurisdiction for regulating line on Nauset/South Beach. To the east ADDRESSES, you can view documents at
fishing (shellfishing, sport fishing, and of the boundary line, the Town will the following location:
commercial open water fishing), manage lands; to the west of the
boundary line, the refuge will manage • Eldredge Public Library, 564 Main
management of natural and wilderness
resources, where to allow public access, lands. The agreement will be in effect Street, Chatham, MA 02633 Telephone
the refuge’s relationship with neighbors for the next 15 years and has been number: 508–945–5170.
and the local community, and incorporated into alternative B of the Next Steps
identifying compatible recreational and final CCP/EIS.
other public uses. We developed refuge • We have changed our position on We will document the final decision
management alternatives to address fin fishing with bottom disturbing gear, in a ROD, which will be published in
community concerns; achieve refuge and use of fish weirs, and do not plan the Federal Register after a 30-day ‘‘wait
goals, objectives, and purposes; and to add regulations to their use within period’’ that begins when EPA
support the NWRS mission. Our draft the refuge boundary at this time as announces this final CCP/EIS. For more
CCP/EIS (79 FR 19920) and final CCP/ existing Federal, State, and Town information, see EPA’s Role in the EIS
EIS fully analyze three alternatives for regulations are adequate to protect Process.
the future management of the refuge: (1) refuge resources.
Alternative A, Current Management; (2) • We have changed our position on Dated: October 7, 2015.
Alternative B, Enhanced Management of prohibiting shellfishing with Deborah Rocque,
Habitat and Public Uses (Service- mechanized equipment below MLW for Acting Regional Director, Northeast Region.
preferred alternative); and (3) softshell clams, scallops, quahogs, and [FR Doc. 2015–27439 Filed 10–29–15; 8:45 a.m.]
Alternative C, Natural Processes. sea clams and do not plan to add BILLING CODE 4333–15–P
tkelley on DSK3SPTVN1PROD with NOTICES

Alternative A satisfies the NEPA regulations to their use within the
requirement of a ‘‘No Action’’ refuge boundary at this time as existing
alternative. Both the draft and final State and Town regulations are adequate
plans identify alternative B as the to protect refuge resources. Above
Service-preferred alternative. Please MLW, refuge regulations will continue
refer to the final CCP/EIS for more to allow only hand-harvest of shellfish;
details on each of the alternatives. but no salting or use of wheeled carts

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Document Created: 2015-12-14 15:29:15
Document Modified: 2015-12-14 15:29:15

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 availability; final comprehensive conservation plan and environmental impact statement.
Dates		We will sign a record of decision (ROD) no sooner than 30 days after the publication of this notice.
Contact		Matthew Hillman, Refuge Manager, 508- 945-0594, ext. 11 (phone); [email protected] (email).
FR Citation		80 FR 66928

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

DEPARTMENT OF THE INTERIORFish and Wildlife Service

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

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service