[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)]
[Notices]
[Pages 36541-36543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13356]
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GULF COAST ECOSYSTEM RESTORATION COUNCIL
[Docket No.: 106072016-1111-03]
Proposed Amendment to Initial Funded Priorities List
AGENCY: Gulf Coast Ecosystem Restoration Council.
ACTION: Proposed amendment to Initial Funded Priorities List.
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SUMMARY: The Gulf Coast Ecosystem Restoration Council (Council) seeks
public and Tribal comment on a proposal to amend its Initial Funded
Priorities List (FPL) to approve implementation funding for the
Apalachicola Bay Oyster Restoration project in Florida (Project). The
Council is proposing to approve $3,978,000 in implementation funding
for this Project. The Council is also proposing to reallocate $702,000
from project planning to project implementation, after any remaining
planning expenses have been met. The total amount available for
implementation of the Project would thus be $4,680,000. These funds
would be used to restore approximately 251 acres of oyster beds,
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which is an increase from the 219 acres originally proposed in the FPL.
To comply with the National Environmental Policy Act (NEPA) and
other applicable laws, the Council is proposing to adopt an existing
Environmental Assessment (EA) that addresses the activities in the
Project. In so doing, the Council would expedite project
implementation, reduce planning costs and increase the ecological
benefits of this Project by using savings in planning funds to expand
the Project by approximately 32 acres. The Council looks forward to
public and Tribal comment on this proposal.
DATES: Comments on this proposed amendment are due July 7, 2016.
ADDRESSES: Comments on this proposed amendment may be submitted as
follows:
By Email: Submit comments by email to
[email protected]. Email submission of comments ensures
timely receipt and enables the Council to make them available to the
public. In general, the Council will make such comments available for
public inspection and copying on its Web site, www.restorethegulf.gov,
without change, including any business or personal information
provided, such as names, addresses, email addresses and telephone
numbers. All comments received, including attachments and other
supporting materials, will be part of the public record and subject to
public disclosure. You should only submit information that you wish to
make publicly available.
By Mail: Send comments to Gulf Coast Ecosystem Restoration Council,
500 Poydras Street, Suite 1117, New Orleans, LA 70130.
FOR FURTHER INFORMATION CONTACT: Please send questions by email to
[email protected] or contact Will Spoon at (504) 239-9814.
SUPPLEMENTARY INFORMATION:
I. Background
The Deepwater Horizon oil spill led to passage of the Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies
of the Gulf Coast States Act (RESTORE Act), which dedicates 80 percent
of all Clean Water Act administrative and civil penalties related to
the oil spill to the Gulf Coast Restoration Trust Fund (Trust Fund).
The RESTORE Act also created the Council, an independent Federal entity
comprised of the five Gulf Coast states and six Federal agencies. Among
other responsibilities, the Council administers a portion of the Trust
Fund known as the Council-Selected Restoration Component in order to
``undertake projects and programs, using the best available science,
which would restore and protect the natural resources, ecosystems,
fisheries, marine and wildlife habitats, beaches, coastal wetlands, and
economy of the Gulf Coast.'' Additional information on the Council can
be found here: https://www.restorethegulf.gov.
On December 9, 2015, the Council published the FPL, which includes
projects and programs approved for funding under the Council-Selected
Restoration Component, along with activities that the Council
identified as priorities for potential future funding. Activities
approved for funding in the FPL are included in ``Category 1''; the
priorities for potential future funding are in ``Category 2.'' In the
FPL the Council approved approximately $156.6 million in Category 1
restoration and planning activities, and prioritized twelve Category 2
activities for possible funding in the future, subject to environmental
compliance and further Council and public review. The Council included
planning activities for the Project in Category 1 and implementation
activities for the Project in Category 2 of the FPL.
The Council reserved approximately $26.6 million for implementing
priority activities in the future. These reserved funds may be used to
support some, all or none of the activities included in Category 2 of
the FPL and/or to support other activities not currently under
consideration by the Council. As appropriate, the Council intends to
review each activity in Category 2 in order to determine whether to:
(1) Move the activity to Category 1 and approve it for funding, (2)
remove it from Category 2 and any further consideration, or (3)
continue to include it in Category 2. A Council decision to amend the
FPL to move an activity from Category 2 into Category 1 must be
approved by a Council vote after consideration of public and Tribal
comments.
II. Environmental Compliance
Prior to approving an activity for funding in FPL Category 1, the
Council must comply with NEPA and other Federal environmental laws. At
the time of approval of the FPL, the Council had not complied with NEPA
and other applicable laws with respect to implementation of the
Project. The Council did, however, recognize the potential ecological
value of the Project, based on review conducted as part of the FPL
process. For this reason, the Council approved $702,000 in planning
funds for this Project, a portion of which would be used to complete
any needed environmental compliance activities. As noted above, the
Council placed the implementation portion of this Project into FPL
Category 2, pending the outcome of this environmental compliance work
and further Council review. The estimated cost of the Project's
implementation component was listed at $3,978,000, which would fund the
restoration of approximately 219 acres of oyster beds in Apalachicola
Bay. Inclusion of the Project's implementation activities into Category
2 did not in any way commit the Council to subsequently approve those
implementation activities for funding.
Since approval of the FPL, Florida has collaborated with the U.S.
Army Corps of Engineers (USACE) to identify an existing EA that could
be used to support Council approval of implementation funding for this
Project. This EA was prepared by USACE in association with a Clean
Water Act Section 404 and Section 10 of the Rivers and Harbors Act of
1899 programmatic general permit (PGP) that authorizes the Florida
Department of Agricultural and Consumer Services to conduct aquaculture
of live rock and marine bivalves in navigable waters of the U.S. which
are within the jurisdiction of the State of Florida, provided that such
activities comply with the terms and conditions of the PGP.
The Council has reviewed this EA and associated documents,
including an August 13, 2015, letter from the National Oceanic and
Atmospheric Administration regarding compliance with the Endangered
Species Act (ESA). In addition to ESA, the EA addresses compliance with
other Federal environmental laws, including the Magnuson-Stevens
Fishery Conservation and Management Act, the National Historic
Preservation Act and more. Based on this review, the Council is
proposing to adopt this EA to support the proposed approval of
implementation funds for the Project, provided that the Project is
implemented in accordance with the terms and conditions of the PGP and
the design criteria set forth in the associated ESA programmatic
consultation. This EA and the associated ESA documentation can be found
here: https://www.restorethegulf.gov/funded-priorities-list. (See
Apalachicola Bay Oyster Restoration Project--Implementation.)
Apalachicola Bay Oyster Restoration Project
If approved for implementation funding, this Project would include
the
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placement of approximately 50,258 cubic yards of suitable oyster reef
substrate through the use of barges and high-pressure water. Areas to
be restored would be marked with buoys or clearly marked stakes.
Following the completion of the planting, oyster density sampling would
be conducted and analyzed at a minimum of six months, one year and two
years after clutching at each restoration site.
Ecological benefits associated with the Project would be realized
through an array of ecological services in the form of increased
fishery and wildlife habitat; increased biodiversity and trophic
dynamics; increased filtering capacity to improve water quality and
recycle nutrients; increased structural stability to reduce coastal
erosion and to protect near shore resources; protection of water
quality; and the protection of healthy, diverse and sustainable living
coastal marine resources. Beyond the fact that oysters and oyster reef
communities represent important food sources for many species of
commercially important fish and invertebrates, functioning oyster reefs
are also recognized as critical structural and community components
which stabilize and sustain a broad array of ecological relationships.
Additional outcomes include economic benefits through harvesting,
processing, and marketing fishery products locally and regionally by
all who enjoy high-quality seafood.
Additional information on this Project, including metrics of
success, response to science reviews and more is available in an
activity-specific appendix to the FPL, which can be found here: https://www.restorethegulf.gov. (Please see the table on page 24 of the FPL
and click on Apalachicola Bay Oyster Restoration, Implementation.)
Justin R. Ehrenwerth,
Executive Director, Gulf Coast Ecosystem Restoration Council.
[FR Doc. 2016-13356 Filed 6-6-16; 8:45 am]
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