Final Environmental Assessment and FONSI for the Coral Reef Conservation Grant Program
5. Compliance with Other Environmental
and Administrative Review Requirements
The approval of plans under this program and award of financial assistance are federal activities subject to authorities such as NEPA, Endangered Species Act, and the federal consistency provisions of the CZMA. NOAA is responsible for ensuring that projects comply with these and other relevant authorities. Compliance with these authorities will result in few environmental, social, and economic negative impacts.
5.1 National Flood Insurance Program (NFIP)
The NFIP prohibits the use of funds for acquisition or construction of buildings in special flood hazard areas in communities that are not participating in the Flood Insurance Program, as identified in the NFIP’s Community Status Book. Construction of buildings is not an eligible use of CRCGP funds and no impact is anticipated in any floodplains as a result of federal funding.
5.2 Coastal Barriers Resource Act (CoBRA)
In order to receive federal funds, all proposed projects located on undeveloped coastal barrier islands designated in the CoBRA system must be consistent with the purposes of minimizing: the loss of human life; wasteful federal expenditures; and damage to fish, wildlife, and other natural resources. No adverse impacts as a result of implementation of the CRCGP are anticipated or expected to undeveloped barrier islands.
No funds under the CRCGP will adversely impact any endangered or threatened species listed under the ESA. The entire purpose of the CRCGP is to conduct research, monitoring, finding solutions to problems plaguing the coral reef environments such as invasive species and diseases, better FMPs, and improve scientific knowledge and understanding. The two agencies responsible for enforcement of the ESA, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service are major proponents of the CRCGP and are responsible for issuing many of the grant awards and help to ensure compliance with the ESA and other pertinent laws such as the Convention on International Trade in Endangered Species. Should any activity have the potential to cause temporary adverse impacts to protected species, appropriate consultations between the granting agency and NOAA’s Office of Habitat Conservation will be undertaken to avoid, minimize or offset any adverse impacts associated with the research or monitoring ensuring no long-term or cumulative impacts result from the research.
5.4 Magnuson-Stevens Fishery Conservation and Management Act
The MSFCMA requires that federal agencies consult with NMFS regarding any action authorized, funded, or undertaken that may adversely affect EFH for federally managed fish. The CRCGP has positive impacts on EFH through funding NMFS FMPs and studies to improve science needed to better understand the important role of EFH. Should any form of manipulative research be undertaken in EFH that has the potential to cause temporary adverse impacts within EFH, appropriate consultations between the granting agency and NOAA Office of Habitat Conservation will be undertaken to avoid, minimize or offset any adverse impacts associated with the research or monitoring ensuring no long-term or cumulative impacts result from the research. Any consultation procedures will follow the procedures outlined at 50 CFR 600.920.
5.5 National Marine Sanctuaries Act Consultation—Section 304(d)
Under the National Marine Sanctuaries Act, federal agency actions internal or external to a national marine sanctuary, including private activities authorized by licenses, leases, or permits, that are likely to destroy, cause the loss of, or injure any sanctuary resource are subject to consultation with the Secretary. Each federal agency proposing such an action must provide a written statement describing the action and its potential effects on sanctuary resources no later than 45 days before the final approval of the action. In addition, sanctuary permits may be required for certain actions that would otherwise be prohibited.
5.6 Coastal Zone Management Act (CZMA)
Under section 307 of the CZMA, coastal states and territories with federally-approved coastal management programs are required to certify that federal activities (including financial assistance projects) are consistent with the enforceable policies of the program. Prior to the CRCGP grants being awarded, all proposals must be certified by the State Coastal Management Agency that the acquisitions are consistent with the policies of the respective coastal management programs.
5.7 National Historic Preservation Act
Under the provisions of Section 106 of the National Historic Preservation Act of 1966, the Secretary of the Interior has compiled a national register of sites and buildings of significant importance to United States history. The CRCGP will not impact registered sites or buildings on shore or any such submerged site that might alter or deface such a site.
Consistent with the President’s Executive Order on Environmental Justice (Feb. 11, 1994) and the DOC’s Environmental Justice Strategy, applicants shall ensure that their CRCGP projects will not have disproportionately high and adverse human health or environmental effects on minority or low income populations. Section 3.1.6 above discusses how the CRCGP meets Environmental Justice requirements.
Implementation of the CRCGP does not constitute a “significant regulatory action” as defined by Executive Order 12866 because: 1) it will not have an annual effect on the economy of $100 million or more, or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities; 2) it will not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; 3) it will not materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; and 4) it will not raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in the Executive Order.
5.10 Commerce Pre-Award Notification Requirements for Grants and Cooperative Agreements
The DOC has published in the Federal Register, October 1, 2001 (66 FR 49917), as amended October 30, 2002 (67 FR66109), a set of requirements that are applicable to all federal financial assistance awards issued by the Department. These will be addressed as SACs on financial assistance awards.
Under the FMP for Atlantic Tunas, Swordfish, and Sharks, shark regulations govern conservation and management of sharks, solely under the authority of the MSFCMA. Research that involves longlining for sharks or other fishing activities that capture sharks for tagging will require a permit. The NMFS authorizes permits for certain activities, and persons may not conduct these activities without the appropriate permit, unless otherwise authorized by NMFS. In certain cases additional permits may be required to authorize these same or related activities under federal, state or local jurisdictions. An owner issued a shark permit must agree, as a condition of such permit, that the vessel’s shark fishing, catch and gear are subject to the requirements of this part during the period of validity of the permit, without regard to whether such fishing occurs in the EEZ, or outside the EEZ, and without regard to where such shark, or gear are possessed, taken, or landed. However, when a vessel fishes within waters of a state that has more restrictive regulations on shark fishing, persons aboard the vessel must abide by the state’s more restrictive regulations.
a. Marine Mammal Protection Act
The Marine Mammal Protection Act authorizes
NMFS to take measures to protect marine mammals that may involve
setting aside habitat required for various life stages, although
the chief provision is the prohibition on “taking”
marine mammals direction or indirectly. The only type of activities
that may affect marine mammals are studies that evaluate the impacts
of fishing gear on coral reef habitats. Some gear types currently
used in coral reefs may incidentally capture marine mammals (e.g.,
long lines and gill nets) and projects funded under the CRCP would
be evaluating the potential detrimental effects of these gear
types. Hence, the net impact associated with these types of projects
is expected to be positive, as they would include recommendations
of measures to modify gear types so that they are less likely
to capture or entangle marine mammals. However, should any activity
have the potential to cause temporary adverse impacts to marine
mammals, appropriate consultations between the granting agency
and NOAA’s Office of Habitat Conservation will be undertaken
to avoid, minimize or offset any adverse impacts associated with
the research or monitoring ensuring no long-term or cumulative
impacts result from the research.
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