83 FR 13955 - Programmatic Environmental Impact Statement (PEIS) for the Marine Mammal Health and Stranding Response Program

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 63 (April 2, 2018)

Pursuant to the National Environmental Policy Act (NEPA) and the Council on Environmental Quality Regulations (CEQ), the National Marine Fisheries Service (NMFS) announces its intention to prepare a Programmatic Environmental Impact Statement (PEIS) to evaluate potential environmental effects associated with continued implementation of the Marine Mammal Health and Stranding Response Program (MMHSRP). In addition, this PEIS will address changes to increase efficiencies made in the program since the initial MMHSRP PEIS was published in 2009. These updates include changes to the Best Practices for Marine Mammal Stranding Response, Rehabilitation and Release (Policies and Practices), as well as other aspects of the program including large whale entanglement response, health surveillance, research, morbidity and mortality investigations, and assessments.

[Federal Register Volume 83, Number 63 (Monday, April 2, 2018)]
[Notices]
[Pages 13955-13957]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06611]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG041


Programmatic Environmental Impact Statement (PEIS) for the Marine 
Mammal Health and Stranding Response Program

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of intent to prepare a PEIS; request for comments.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the National Environmental Policy Act (NEPA) and 
the Council on Environmental Quality Regulations (CEQ), the National 
Marine Fisheries Service (NMFS) announces its intention to prepare a 
Programmatic Environmental Impact Statement (PEIS) to evaluate 
potential environmental effects associated with continued 
implementation of the Marine Mammal Health and Stranding Response 
Program

[[Page 13956]]

(MMHSRP). In addition, this PEIS will address changes to increase 
efficiencies made in the program since the initial MMHSRP PEIS was 
published in 2009. These updates include changes to the Best Practices 
for Marine Mammal Stranding Response, Rehabilitation and Release 
(Policies and Practices), as well as other aspects of the program 
including large whale entanglement response, health surveillance, 
research, morbidity and mortality investigations, and assessments.

DATES: Comments must be received by June 1, 2018. Scoping meetings are 
scheduled as follows:

1. May 1, 2018, 3 p.m. EDT--Webinar (Registration Required)
2. May 15, 2018, 3:30 p.m. EDT--Webinar (Registration Required)
3. May 18, 2018, 3 p.m. EDT--(valid ID compliant with the REAL ID Act 
required)--NOAA Science Center, 1301 East-West Highway, Silver Spring, 
MD
4. May 21, 2018, 10:30 a.m. EDT--Webinar (Registration Required)

ADDRESSES: Those wishing to attend either the webinars or in-person 
meeting must register at https://mmhsrp-peis.eventbrite.com. Valid ID 
that is compliant with the REAL ID Act is required to attend the in-
person scoping meeting on May 18, 2018. Further information on types of 
ID that comply with this Act can be found at https://www.dhs.gov/real-id-public-faqs. Foreign nationals wishing to attend the in-person 
meeting must contact Stephen Manley 30 days in advance.
    NMFS invites comments from all interested parties regarding the 
scope and content of a PEIS for changes and updates to the MMHSRP. For 
additional background and reference, the previous MMHSRP PEIS published 
in 2009 is available in electronic form via the internet at https://repository.library.noaa.gov/view/noaa/4939. Comments may be submitted 
using either of the following methods:
    Federal e-Rulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0036, click the ``Comment Now!'' icon, 
complete the required fields and enter or attach your comments.
    Mail: Send comments to: Chief, Marine Mammal and Sea Turtle 
Conservation Division, Office of Protected Resources, National Marine 
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-
3226, Attn: MMHSRP PEIS.
    Instructions: NMFS may not consider comments if they are sent by 
any other method, to any other address or individual, or received after 
the comment period ends. All comments received are a part of the public 
record and will generally be posted to http://www.regulations.gov 
without change. All personal identifying information (e.g., name, 
address, etc.), confidential business information, or otherwise 
sensitive information submitted voluntarily by the sender is publicly 
accessible. NMFS will also accept anonymous comments (enter ``N/A'' in 
the required fields if you wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Stephen Manley, NMFS, Office of 
Protected Resources, 301-427-8402, [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Pursuant to Title IV of the Marine Mammal Protection Act (MMPA; 16 
U.S.C. 1421), NMFS implements the MMHSRP. The mandated goals and 
purposes of the MMHSRP are to: (1) Facilitate the collection and 
dissemination of reference data on the health of marine mammals and 
health trends of marine mammal populations in the wild; (2) correlate 
the health of marine mammals and marine mammal populations in the wild, 
with available data on physical, chemical, and biological environmental 
parameters; and (3) coordinate effective responses to unusual mortality 
events in accordance with section 404 of the MMPA.
    To meet the goals of the MMPA, the MMHSRP carries out several 
important activities, including: Coordinating the National Marine 
Mammal Stranding Network, the John H. Prescott Marine Mammal Rescue 
Assistance Grant Program, the National Marine Mammal Entanglement 
Response Program, the Marine Mammal Unusual Mortality Event and 
Emergency Response Programs, the Marine Mammal Biomonitoring Program, 
the Marine Mammal Tissue Bank, the Marine Mammal Analytical Quality 
Assurance Program, the MMHSRP Information Management Program, and the 
facilitation of several regional health assessment programs on wild 
marine mammals.
    Individuals, groups and organizations throughout the country have 
been responding to stranded marine mammals for decades. After the 
passage of Title IV of the MMPA in 1992, NMFS began the process of 
codifying the roles, responsibilities, and activities of participant 
organizations in the National Marine Mammal Stranding Network through a 
Stranding Agreement (SA), issued under MMPA section 112(c) (16 U.S.C. 
1382) and through the 109(h) authority for Federal, state, and local 
government employees (16 U.S.C. 1379). By issuing SAs under section 
112(c), NMFS allows stranding network response organizations, acting as 
agents of the government, an exemption to the prohibition on takes of 
marine mammals established under the MMPA. A standardized national 
template for SAs was developed, including sections that may be 
customized by each region in order to maintain flexibility. NMFS also 
developed a list of minimum criteria for organizations wishing to 
obtain a SA and participate in the stranding network. NMFS proposes to 
modify both the template and the list of minimum criteria to become a 
member of the stranding network. Additionally, NMFS has national 
protocols to help standardize the stranding network across the country 
while maintaining regional flexibility where appropriate. These 
protocols, as well as the SAs and minimum criteria, were analyzed in 
the initial PEIS and were issued in 2009 as one consolidated manual, 
titled ``Policies and Best Practices for Marine Mammal Stranding 
Response, Rehabilitation and Release'' (Policies and Practices). The 
MMHSRP will update these documents to reflect the information gained 
from and the developments in marine mammal emergency response that have 
occurred over the past decade, and would like to identify the scope of 
issues that should be addressed.
    Stranded marine mammals undergoing rehabilitation and the 
facilities conducting rehabilitation activities are not subject to 
inspection or review by the Animal and Plant Health Inspection Service 
(APHIS) under the United States Department of Agriculture, if they are 
not also a public display facility (separate from their rehabilitation 
activities) or a research facility. These facilities are therefore not 
subject to APHIS minimum requirements for facilities, husbandry, or 
veterinary standards. Previously, NMFS developed minimum standards for 
marine mammal rehabilitation facilities that are required of all 
facilities operating under a SA with NMFS. Additionally, section 402(a) 
(16 U.S.C. 1421a) of the MMPA charges NMFS with providing guidance for 
determining at what point a rehabilitated marine mammal is releasable 
to the wild. Standards for release of rehabilitated marine mammals were 
developed by NMFS and are part of the Policies and Practices document. 
NMFS proposes to review the rehabilitation guidelines, as well as the 
criteria for release of rehabilitated

[[Page 13957]]

marine mammals into the wild and update these documents, as necessary.
    In addition, the MMHSRP maintains a permit from the NMFS Office of 
Protected Resources Permits and Conservation, issued under the MMPA (16 
U.S.C. 1361 et seq.) and the ESA (16 U.S.C. 1531 et seq.). The permit 
authorizes the MMHSRP to carry out stranding and entanglement response, 
rescue, rehabilitation, and release of threatened and endangered marine 
mammals and conduct health-related scientific research studies on 
marine mammals and marine mammal parts. The current permit issued to 
the MMHSRP will expire on June 30, 2020. For additional information 
about the MMHSRP, the national stranding network, and other related 
information, please visit our website at https://www.fisheries.noaa.gov/national/marine-life-in-distress/marine-mammal-health-and-stranding-response-program.
    NEPA, CEQ Regulations (40 CFR 1500.4(i), 1502.4 and 1502.20) and 
NOAA Administrative Order (NAO) 216-6A require all proposals for major 
actions to be reviewed with respect to environmental consequences on 
the human environment and encourage the use of programmatic NEPA 
documents and tiering to streamline decision making in a process that 
progresses from programmatic analyses to site-specific reviews. NMFS 
determined a programmatic approach is appropriate because multiple 
activities are conducted in support of the MMHSRP and activities occur 
nationally, over large geographical areas. Therefore, the analysis in 
the PEIS will support NMFS planning-level decisions associated with 
oversight and implementation of the MMHRSP and establish the framework 
and parameters for subsequent analyses based on the programmatic 
review. In addition, NMFS will rely on this PEIS for permitted 
activities as well as the basis for tiering in site-specific NEPA 
review.

Purpose and Scope of the Action

    NMFS is proposing to continue coordinating and implementing the 
MMHSRP. Using a programmatic approach, NMFS will identify and prepare a 
qualitative analysis of environmental impacts covering a range of 
activities conducted in support of the MMHSRP program, including the 
issuance of revised Policies and Best Practices, revised protocols and 
procedures, and a new MMPA/ESA permit for this program. Resource areas 
to be addressed in this analysis include, but are not limited to, 
biological resources (notably marine mammals, threatened and endangered 
species, fish and other wildlife species and their habitat), sediments 
and water quality, historic and cultural resources, socioeconomics and 
tourism, and public health and safety. This PEIS will supersede the 
initial PEIS published in 2009 and will assess the potential 
environmental effects of marine mammal health and stranding response 
under a range of alternatives characterized by different methods, 
mitigation measures, and level of response. For all potentially 
significant impacts, the proposed PEIS will identify avoidance, 
minimization and mitigation measures to reduce these impacts, where 
feasible, to a level below significance.
    The scoping process will be used to identify public concerns along 
with national and local issues to be addressed in the PEIS. Federal 
agencies, state agencies, local agencies, Native American Indian Tribes 
and Nations, the public, and interested persons are encouraged to 
identify specific issues or topics of environmental concern that NMFS 
should consider. Public participation is invited by providing written 
comments to NMFS and/or attending the scoping meetings and webinars.

Special Accommodations

    The in-person meeting is physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids should be directed to Stephen Manley (see ADDRESSES) at 
least 5 days prior to the meeting date.

    Dated: March 28, 2018.
Elaine T. Saiz,
Acting Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2018-06611 Filed 3-30-18; 8:45 am]
 BILLING CODE 3510-22-P