81 FR 35737 - Notice of Sites Added to the Inventory of Possible Areas for Designation as New National Marine Sanctuaries
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 107 (June 3, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 107 (June 3, 2016)
| Page Range | 35737-35739 | |
| FR Document | 2016-13111 |
[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)] [Notices] [Pages 35737-35739] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13111] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Notice of Sites Added to the Inventory of Possible Areas for Designation as New National Marine Sanctuaries AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice of sites added to the Sanctuary Nomination Process inventory of possible areas for designation as new national marine sanctuaries. ----------------------------------------------------------------------- SUMMARY: On June 13, 2014, NOAA published a final rule re-establishing the Sanctuary Nomination Process (SNP) which allows communities to submit nominations to NOAA for consideration as new national marine sanctuaries. The rule included the final review process, national significance criteria, and management considerations that NOAA uses to evaluate community nominations for inclusion in the inventory of areas that could be considered for designation as national marine sanctuaries. The rule also states that NOAA will publish a Federal Register notice when areas have been added to the inventory. This notice announces that NOAA has added four sanctuary nominations to the SNP inventory between June 2014 and April 2016. FOR FURTHER INFORMATION CONTACT: Annie Sawabini, NOAA Office of National Marine Sanctuaries, 1305 East West Highway, Silver Spring MD 20910. SUPPLEMENTARY INFORMATION: I. Background The National Marine Sanctuaries Act (NMSA) (16 U.S.C. 1431 et seq.) authorizes the Secretary of Commerce to identify and designate as national marine sanctuaries areas of the marine environment, including the Great Lakes, which are of special national significance; to manage these areas as the National Marine Sanctuary System; and to provide for the comprehensive and coordinated conservation and management of these areas and the activities affecting them in a manner which complements existing regulatory authorities. Section 303 of the NMSA provides national marine sanctuary designation standards and factors required in determining whether an area qualifies for consideration as a potential national marine sanctuary, and section 304 establishes procedures for national marine sanctuary designation and implementation. Regulations implementing the NMSA and each national marine sanctuary are codified in Part 922 of Title 15 of the Code of Federal Regulations. On June 28, 2013, NOAA issued a proposed rule to re-establish the Sanctuary Nomination Process (SNP) and requested public comment on the proposed amendments to ONMS regulations (78 FR 38848). On June 13, 2014, NOAA issued a final rule addressing the nearly 18,000 comments NOAA received on the proposed rule, and finalized the national significance criteria, management considerations, [[Page 35738]] and process to nominate areas of the marine and Great Lakes environments for potential addition to the inventory of areas that may be considered for future designation as a national marine sanctuary (79 FR 33851). As described in that rule, the final step of the SNP is the addition of specific areas to the inventory. Nominations that the ONMS Director deems to have successfully completed the reviews for sufficiency, national significance, and management considerations are added to an inventory of areas NOAA could consider for national marine sanctuary designation. For these nominations, NOAA sends a letter of notification to the nominator, and publishes a Federal Register notice when areas have been added to the inventory on a periodic basis. The inventory and notification letters are also posted on the ONMS Web site (http://www.nominate.noaa.gov). If NOAA takes no designation action on a nomination in the inventory, the nomination expires after five years from the time it is accepted to the inventory. NOAA is not designating any new national marine sanctuaries with this action. Any designations resulting from the nomination process would be conducted by NOAA as a separate process as directed by the NMSA, Administrative Procedure Act (5 U.S.C. Subchapter II), and National Environmental Policy Act (42 U.S.C. Sec. 4321 et seq.). NOAA follows all standards and requirements identified in the NMSA when it considers a nomination for designation. II. Sanctuary Nominations Added to the Inventory The following nominations have successfully completed the SNP review process and have been added to the inventory of possible areas for designation as new national marine sanctuaries: 1. Mallows Bay-Potomac River National Marine Sanctuary Nomination The nomination for NOAA to consider the Mallows Bay area of the Potomac River as a new national marine sanctuary was submitted on September 16, 2014. The nomination was added to the inventory of successful nominations on January 12, 2015. The Mallows Bay area of the tidal Potomac River nominated as a national marine sanctuary is an area 40 miles south of Washington, DC off the Nanjemoy Peninsula of Charles County, MD. The nominated area includes approximately 14 square miles of Maryland state waters. The designation of a national marine sanctuary would focus on conserving the collection of maritime heritage resources (shipwrecks) in the area as well as expand the opportunities for public access, recreation, tourism, research, and education. More information can be found in the nomination: http://www.nominate.noaa.gov/nominations/nomination_maryland_mallows_bay_potomac_river.pdf. 2. Lake Michigan--Wisconsin National Marine Sanctuary Nomination The nomination for NOAA to consider a Lake Michigan-Wisconsin national marine sanctuary was submitted on December 2, 2014. The nomination was added to the inventory of successful nominations on February 5, 2015. The area nominated as a national marine sanctuary is a region that includes 875 square miles of Wisconsin's Lake Michigan waters and bottomlands adjacent to Manitowoc, Sheboygan, and Ozaukee counties and the cities of Port Washington, Sheboygan, Manitowoc, and Two Rivers. It includes 80 miles of shoreline and extends 9 to 14 miles from the shoreline. The area contains an extraordinary collection of submerged maritime heritage resources (shipwrecks) as demonstrated by the listing of 15 shipwrecks on the National Register of Historic Places. The area includes 39 known shipwrecks, 123 reported vessel losses, numerous other historic maritime-related features, and is adjacent to communities that have embraced their centuries-long relationship with Lake Michigan. More information can be found in the nomination: http://www.nominate.noaa.gov/nominations/nomination_lake_michigan_wisconsin.pdf. 3. Chumash Heritage National Marine Sanctuary Nomination The nomination for NOAA to consider the Chumash Heritage area off the central coast of California as a national marine sanctuary was submitted on July 17, 2015. The nomination was added to the inventory of successful nominations on October 5, 2015. The area proposed for the national marine sanctuary stretches from the southern border of Monterey Bay National Marine Sanctuary in Cambria along approximately 140 miles of coastline to Gaviota Creek in Santa Barbara. The area includes both state waters of California and federal waters. The proposed boundary extends westward 60 to 80 miles to include the submerged Santa Lucia Bank, Arguello Canyon and Rodriguez Seamount. The area is characterized by converging oceanographic currents and persistent upwelling, creating highly productive conditions centered at the prominent ecological transition zone Point Conception. These combined features--high productivity and the ecological transition zone--mean many invertebrate, fish and algal species begin or end their natural ranges within the proposed sanctuary, thereby creating high biodiversity. The area's productive ecosystem also supports high densities of numerous marine mammal and bird species. Numerous cultural heritage resources are found throughout the proposed area, including more than 40 shipwrecks, as well as areas culturally significant to Native Americans, such as Point Conception, referred to as the Western Gate by the Chumash, and possibly submerged ancient villages on the continental shelf. More information can be found in the nomination: http://www.nominate.noaa.gov/nominations/nomination_chumash_heritage_071715.pdf. 4. Lake Erie Quadrangle National Marine Sanctuary Nomination The nomination for NOAA to consider the Pennsylvania waters in Lake Erie for an area known as the Lake Erie Quadrangle as a national marine sanctuary was submitted on December 31, 2015. The nomination was added to the inventory of successful nominations on February 22, 2016. The nominated site encompasses approximately 759 square miles of Pennsylvania state waters, and includes an estimated 196 shipwrecks. In addition to the historical significance of the shipwrecks themselves, this area has other nationally significant qualities. The area played an integral role in our nation's history during the War of 1812. The port of Erie, PA was a key shipbuilding port from the late 1700s through the early 20th century. It was the location where Commodore Oliver Hazard Perry's fleet was constructed for one of the most significant battles of the 1812 war. In addition, prior to the Civil War, Pennsylvania's Lake Erie waters housed the nation's largest fleet of steamboats, and were a major hub on the Underground Railroad. More information can be found in the nomination: http://www.nominate.noaa.gov/nominations/lake-erie-proposal.pdf. III. Active National Marine Sanctuary Designations While the addition of a nomination to the inventory does not designate any [[Page 35739]] new national marine sanctuaries, two (2) of the successful nominations in the list above have subsequently been selected for designation by NOAA, and have begun the designation processes as outlined in the NMSA including NEPA analysis. The notice of intent to conduct scoping and begin the designation process for the Proposed Mallows Bay-Potomac River National Marine Sanctuary was announced in the Federal Register on October 7, 2015 (80 FR 60634). The notice of intent to conduct scoping and begin the designation process for the Proposed Wisconsin- Lake Michigan National Marine Sanctuary was announced in the Federal Register on October 7, 2015 (80 FR 60631). IV. Classification A. National Environmental Policy Act NOAA has concluded that this action will not have a significant effect, individually or cumulatively, on the human environment, because this action is not creating or designating any new national marine sanctuaries. Therefore, this action is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement in accordance with Section 6.03c.3(i) of NOAA Administrative Order 216-6. Specifically, this action is a notice of an administrative and legal nature. Should NOAA decide to designate a national marine sanctuary, and in cases where NOAA has decided to begin active designation as a national marine sanctuary, each individual national marine sanctuary designation will be subject to case-by-case analysis, as required under NEPA and as outlined in section 304(a)(2)(A) of the NMSA. B. Paperwork Reduction Act Notwithstanding any other provisions of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., unless that collection of information displays a currently valid Office of Management and Budget (OMB) control number. Nominations for national marine sanctuaries discussed in this notice involve a collection-of-information requirement subject to the requirements of the PRA. OMB has approved this collection-of-information requirement under OMB control number 0648-0682. Authority: 16 U.S.C. 1431 et seq. Dated: May 23, 2016. John Armor, Acting Director, Office of National Marine Sanctuaries. [FR Doc. 2016-13111 Filed 6-2-16; 8:45 am] BILLING CODE 3510-NK-P
![Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Notices 35737
for the day the Council will develop for monitoring coverage targets in the designation as new national marine
NEFMC comments on this plan. Atlantic herring fishery and approve the sanctuaries.
draft Environmental Assessment for
Wednesday, June 22, 2016 SUMMARY: On June 13, 2014, NOAA
public comment. The Council chair will
The second day of the meeting will then give an update on the recent Trawl published a final rule re-establishing the
begin with a review of NOAA Fisheries’ Survey Advisory Panel meeting. The Sanctuary Nomination Process (SNP)
proposed rule for Atlantic sturgeon Council will review an update to which allows communities to submit
critical habitat. During this morning NOAA’s Catch Share Guidance nominations to NOAA for consideration
session, the Scallop Committee will document and review/approve any new as new national marine sanctuaries. The
discuss initiating Framework NEFMC comments on the revised draft, rule included the final review process,
Adjustment 28—fishery specifications if necessary. The Council will discuss national significance criteria, and
for 2017–18, and discuss management management considerations that NOAA
and approve comments on the Northeast
alternatives that may be considered in uses to evaluate community
Regional Planning Body’s draft
the action. These will include measures nominations for inclusion in the
Northeast Regional Ocean Plan. Lastly,
to: (1) Restrict the possession of shell inventory of areas that could be
the Risk Policy Working Group will
stock inshore of the days-at-sea considered for designation as national
review final guidance on
demarcation line north of 42°20′ N; (2) marine sanctuaries. The rule also states
implementation of the NEFMC’s
modify the process for setting scallop that NOAA will publish a Federal
approved risk policy. The Council will
fishery annual catch limits; (3) modify Register notice when areas have been
adjourn after it addresses any other
scallop access areas consistent with added to the inventory. This notice
outstanding business during the
potential changes to habitat and announces that NOAA has added four
afternoon of June 23rd. sanctuary nominations to the SNP
groundfish mortality closed areas; and
Although other non-emergency issues inventory between June 2014 and April
(4) modify gear to further protect small
not contained in this agenda may come 2016.
scallops. The committee also will ask
before this Council for discussion, those FOR FURTHER INFORMATION CONTACT:
for approval of priorities for the 2017–
issues may not be the subject of formal Annie Sawabini, NOAA Office of
18 research set-aside program (RSA).
action during this meeting. Council National Marine Sanctuaries, 1305 East
The Council may also discuss modifying
its Scallop RSA policy. The Groundfish action will be restricted to those issues West Highway, Silver Spring MD 20910.
Committee will then review a progress specifically listed in this notice and any
SUPPLEMENTARY INFORMATION:
report on a draft white paper about issues arising after publication of this
monitoring strategies for the commercial notice that require emergency action I. Background
groundfish fishery. The committee will under section 305(c) of the Magnuson- The National Marine Sanctuaries Act
ask the Council to initiate Framework Stevens Act, provided that the public (NMSA) (16 U.S.C. 1431 et seq.)
Adjustment 56, an action to set has been notified of the Council’s intent authorizes the Secretary of Commerce to
specifications for the US/CA stocks and to take final action to address the identify and designate as national
witch flounder for fishing years 2017– emergency. marine sanctuaries areas of the marine
18, modify the process used to set Special Accommodations environment, including the Great Lakes,
recreational management measures, which are of special national
establish a sub-annual catch limit for This meeting is physically accessible significance; to manage these areas as
northern windowpane flounder in the to people with disabilities. Requests for the National Marine Sanctuary System;
scallop fishery, allocate northern sign language interpretation or other and to provide for the comprehensive
windowpane flounder to groundfish auxiliary aids should be directed to and coordinated conservation and
sectors, modify the groundfish Thomas A. Nies (see ADDRESSES) at least management of these areas and the
monitoring program, and possibly other 5 days prior to the meeting date. activities affecting them in a manner
measures. The committee will ask for Dated: May 31, 2016. which complements existing regulatory
approval of the range of alternatives to Tracey L. Thompson, authorities. Section 303 of the NMSA
consider in a framework adjustment that Acting Deputy Director, Office of Sustainable provides national marine sanctuary
would revise the Georges Bank haddock Fisheries, National Marine Fisheries Service. designation standards and factors
catch cap for the herring fishery and [FR Doc. 2016–13132 Filed 6–2–16; 8:45 am]
required in determining whether an area
associated accountability measures. qualifies for consideration as a potential
BILLING CODE 3510–22–P
After lunch the Council will continue national marine sanctuary, and section
with the groundfish report and complete 304 establishes procedures for national
the discussion of the Georges Bank DEPARTMENT OF COMMERCE marine sanctuary designation and
haddock catch cap in the Atlantic implementation. Regulations
herring fishery. Last, the Atlantic National Oceanic and Atmospheric implementing the NMSA and each
Herring Committee will review Administration national marine sanctuary are codified
outcomes of a recent workshop on an in Part 922 of Title 15 of the Code of
Atlantic herring acceptable biological Notice of Sites Added to the Inventory Federal Regulations.
catch control rule management strategy of Possible Areas for Designation as On June 28, 2013, NOAA issued a
evaluation (MSE), and approve fishery New National Marine Sanctuaries proposed rule to re-establish the
objectives, performance metrics and Sanctuary Nomination Process (SNP)
AGENCY: Office of National Marine and requested public comment on the
mstockstill on DSK3G9T082PROD with NOTICES
features of control rules to be evaluated
Sanctuaries (ONMS), National Ocean proposed amendments to ONMS
in the MSE.
Service (NOS), National Oceanic and regulations (78 FR 38848). On June 13,
Thursday, June 23, 2016 Atmospheric Administration (NOAA), 2014, NOAA issued a final rule
The final meeting day will begin with Department of Commerce (DOC). addressing the nearly 18,000 comments
the Omnibus Industry-Funded ACTION: Notice of sites added to the NOAA received on the proposed rule,
Monitoring Amendment. The Council Sanctuary Nomination Process and finalized the national significance
intends to select preferred alternatives inventory of possible areas for criteria, management considerations,
VerDate Sep<11>2014 21:20 Jun 02, 2016 Jkt 238001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\03JNN1.SGM 03JNN1](https://thefederalregister.org/doc/81_FR_35844/page/1.svg)
![Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Notices 35739
new national marine sanctuaries, two Dated: May 23, 2016. and reporting of such takings are set
(2) of the successful nominations in the John Armor, forth. NMFS has defined ‘‘negligible
list above have subsequently been Acting Director, Office of National Marine impact’’ in 50 CFR 216.103 as ‘‘. . . an
selected for designation by NOAA, and Sanctuaries. impact resulting from the specified
have begun the designation processes as [FR Doc. 2016–13111 Filed 6–2–16; 8:45 am] activity that cannot be reasonably
outlined in the NMSA including NEPA BILLING CODE 3510–NK–P expected to, and is not reasonably likely
analysis. The notice of intent to conduct to, adversely affect the species or stock
scoping and begin the designation through effects on annual rates of
process for the Proposed Mallows Bay- DEPARTMENT OF COMMERCE recruitment or survival.’’
Potomac River National Marine Section 101(a)(5)(D) of the MMPA
Sanctuary was announced in the National Oceanic and Atmospheric established an expedited process by
Federal Register on October 7, 2015 (80 Administration which citizens of the United States can
FR 60634). The notice of intent to apply for an authorization to
RIN 0648–XE460
conduct scoping and begin the incidentally take small numbers of
designation process for the Proposed Takes of Marine Mammals Incidental to marine mammals by harassment.
Wisconsin-Lake Michigan National Specified Activities; Sand Quality Section 101(a)(5)(D) of the MMPA
Study Activities at the Children’s Pool establishes a 45-day time limit for
Marine Sanctuary was announced in the
Beach, La Jolla, California NMFS’s review of an application
Federal Register on October 7, 2015 (80
followed by a 30-day public notice and
FR 60631).
AGENCY: National Marine Fisheries comment period on any proposed
IV. Classification Service (NMFS), National Oceanic and authorizations for the incidental
Atmospheric Administration (NOAA), harassment of small numbers of marine
A. National Environmental Policy Act Commerce. mammals. Within 45 days of the close
NOAA has concluded that this action ACTION: Notice; issuance of an Incidental of the public comment period, NMFS
will not have a significant effect, Harassment Authorization (IHA). must either issue or deny the
authorization.
individually or cumulatively, on the
SUMMARY: In accordance with the Except with respect to certain
human environment, because this action activities not pertinent here, the MMPA
Marine Mammal Protection Act
is not creating or designating any new defines ‘‘harassment’’ as: Any act of
(MMPA) as amended, notification is
national marine sanctuaries. Therefore, pursuit, torment, or annoyance which (i)
hereby given that NMFS has issued an
this action is categorically excluded has the potential to injure a marine
IHA to the City of San Diego to take
from the requirement to prepare an mammal or marine mammal stock in the
small numbers of marine mammals, by
environmental assessment or wild [Level A harassment]; or (ii) has
Level B harassment, incidental to the
environmental impact statement in the potential to disturb a marine
conduct of sand quality study activities
accordance with Section 6.03c.3(i) of mammal or marine mammal stock in the
at the Children’s Pool Beach in La Jolla,
NOAA Administrative Order 216–6. wild by causing disruption of behavioral
California.
Specifically, this action is a notice of an patterns, including, but not limited to,
administrative and legal nature. Should DATES: Effective June 1, 2016 through
May 30, 2017. migration, breathing, nursing, breeding,
NOAA decide to designate a national feeding, or sheltering [Level B
marine sanctuary, and in cases where FOR FURTHER INFORMATION CONTACT: Dale
harassment].
NOAA has decided to begin active Youngkin, Office of Protected
designation as a national marine Resources, NMFS, 301–427–8401. Summary of Request
sanctuary, each individual national SUPPLEMENTARY INFORMATION: On December 14, 2015, NMFS
marine sanctuary designation will be received an application from the City of
Background
subject to case-by-case analysis, as San Diego, Transportation & Storm
required under NEPA and as outlined in Sections 101(a)(5)(A) and (D) of the Water Department, Storm Water
section 304(a)(2)(A) of the NMSA. MMPA (16 U.S.C. 1361 et seq.), direct Division, requesting an IHA for the
the Secretary of Commerce (Secretary) taking of marine mammals incidental to
B. Paperwork Reduction Act to allow, upon request, the incidental, the conduct of sand quality study
Notwithstanding any other provisions but not intentional, taking of small activities. NMFS determined that the
numbers of marine mammals, by United IHA application was adequate and
of the law, no person is required to
States citizens who engage in a specified complete on February 25, 2016. NMFS
respond to, nor shall any person be
activity (other than commercial fishing) published a notice making preliminary
subject to a penalty for failure to comply
within a specified geographical region if determinations and proposing to issue
with a collection of information subject
certain findings are made and either an IHA on April 4, 2016 (81 FR 19137).
to the requirements of the Paperwork
regulations are issued or, if the taking is The notice initiated a 30 day comment
Reduction Act (PRA), 44 U.S.C. 3501 et
limited to harassment, a notice of a period.
seq., unless that collection of
proposed authorization is provided to The City of San Diego will undertake
information displays a currently valid
the public for review. the proposed sand quality sampling
Office of Management and Budget
Authorization for the incidental activities between June 1, 2016 and
(OMB) control number. Nominations for
takings shall be granted if NMFS finds December 14, 2016 at the Children’s
national marine sanctuaries discussed that the taking will have a negligible Pool Beach in La Jolla, California. Visual
mstockstill on DSK3G9T082PROD with NOTICES
in this notice involve a collection-of- impact on the species or stock(s), will stimuli due to the presence of
information requirement subject to the not have an unmitigable adverse impact technicians on the beach and their sand
requirements of the PRA. OMB has on the availability of the species or sampling collection activities during the
approved this collection-of-information stock(s) for subsistence uses (where study have the potential to result in the
requirement under OMB control number relevant), and if the permissible take of marine mammals through
0648–0682. methods of taking and requirements behavioral disturbance. The IHA
Authority: 16 U.S.C. 1431 et seq. pertaining to the mitigation, monitoring, authorizes the take, by Level B
VerDate Sep<11>2014 21:20 Jun 02, 2016 Jkt 238001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\03JNN1.SGM 03JNN1](https://thefederalregister.org/doc/81_FR_35844/page/3.svg)
Document Created: 2018-02-08 07:29:58
Document Modified: 2018-02-08 07:29:58
| 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 sites added to the Sanctuary Nomination Process inventory of possible areas for designation as new national marine sanctuaries. | |
| Contact | Annie Sawabini, NOAA Office of National Marine Sanctuaries, 1305 East West Highway, Silver Spring MD 20910. | |
| FR Citation | 81 FR 35737 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR