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National Ocean ServiceNational Oceanic and Atmospheric Administration

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**Dedicated to the  memory of NOAA Corps Rear Adm. Richard T. Brennan, a passionate hydrographer, deeply committed to understanding and  limiting the environmental impacts of NOAA’s ocean and coastal mapping mission.****Learn  More**

# Surveying and Mapping Projects in U.S. Waters for Coastal and Marine Data Acquisition 

      - Purpose and Need
      - Scope
      - Surveying and Mapping
      - View Final PEIS
      - Fact Sheets
      - FAQs

# WELCOME 

**Welcome to the National Ocean Service website for the Final          Programmatic Environmental Impact Statement for Surveying and Mapping Activities in U.S.          Waters for Coastal and Marine Data Acquisition.**

The National Oceanic and Atmospheric Administration (NOAA) National Ocean        Service (NOS) is the country’s leading authority on a wide        variety of marine sciences, including hydrography; shoreline mapping; nautical charting; and water        level, tides, and currents measurement.

*Learn more about the NOS NEPA process for surveying and mapping            activities, including compliance with other environmental regulations and executive            orders.*

NOS has prepared a Final Programmatic Environmental Impact        Statement ** (PEIS), in accordance with the National        Environmental Policy Act (NEPA), to analyze the potential environmental impacts associated        with NOS recurring surveys and other related data collection throughout the U.S. and its        territories. Data obtained from these projects are needed to produce charts and maps that are relied        upon by mariners, scientists, shipping and fishing industries, and countless other users in the U.S.        and beyond. The Proposed Action for the Final PEIS is to perform a wide variety of data collection        field        activities, including hydrographic surveys and habitat surveys (performed from crewed vessels or        remotely-operated or autonomous vehicles), and to install tide gauges and other instruments and        equipment. Field work may be performed by field crews from NOS program offices, other NOAA personnel on behalf of NOS, contractors, grantees, or permit/authorization holders.       

----

### Purpose and Need

The purpose of the Proposed Action is to gather accurate and timely data on the marine and coastal        environment. The need for the Proposed Action is to provide the public and private sectors with        nautical charts, benthic habitat condition maps, current and tide charts, and other products        necessary to ensure safe navigation, economic security, and environmental sustainability. Select a        topic below to learn more about each of these key components.

##  Safe Navigation **** NOAA has identified 500,000 square nautical miles as “navigationally-significant waters”              which are in              greatest need of modern surveying. NOS uses survey data to create products that support              safe              navigation for commercial shipping, the fishing industry, recreational boaters, and              military and              government functions such as law enforcement.  Economic Security **** Shipping on the nation’s network of coastal waterways, navigable channels, ports, and              marine terminals is a primary mode of moving goods around the country and connects the              U.S. to the global marketplace. Port authorities, mariners, and coastal communities              depend on accurate navigational information provided by NOS to make informed decisions              that support the U.S. economy.  Environmental Sustainability **** NOS coastal and marine data also support ecosystem stewardship. Survey data enable              marine resource managers to conserve, preserve, and restore ecological resources,              including critical habitat for endangered seabirds, coral, fish, sea turtle,              and marine mammal species. Scope
Scope refers to both the geographic and temporal range of the Proposed Action. Geographic scope is        the spatial extent of the areas potentially affected by the Proposed Action. Temporal scope is the        timeframe over which the Proposed Action is evaluated. NOS determined the scope of this document on        the basis of the current extent of NOS project work and the ability of NOS program offices to        reliably predict their future level of activity. 

The **geographic scope** is the “action area” for this Final PEIS. The “action area”        encompasses the U.S. territorial sea; the contiguous zone; the U.S. Exclusive Economic Zone; rivers; states’ offshore waters; and coastal and riparian lands for projects such as the installation,        maintenance, and removal of tide gauges. This includes the U.S. portions of the Great Lakes and        internal waters such as Lakes Tahoe, Mead, Champlain, Okeechobee, and parts of major rivers. The        action area is organized into five regions: Greater Atlantic Region, Southeast Region, West Coast        Region, Alaska Region, and Pacific Islands Region. 

*This illustration shows the five regions of U.S. waters that make up the "action area"            for            this proposed action.*

The **temporal scope** of the Proposed Action covers a time period of five years, 2023        through 2027. As with any planning process, the confidence with which an agency can foresee and        evaluate its actions, and the environmental effects of those actions, decreases at longer time        intervals. Changes in spending levels, the environment, the data needs of the public, and        technologies and field methods available to NOS can all change how surveying projects are executed.        For the purposes of this Final PEIS, a specific project could take place at any time of year.

Consistent with Council on Environmental Quality (CEQ) guidance that “[NEPA documents] that are more        than five years old should be carefully reexamined to determine if the criteria in Section 1502.9        compel preparation of a [NEPA] supplement.” NOS intends to reevaluate the Final PEIS to        determine if the analysis contained within remains sufficient, or if new analysis is required. If        necessary, this new analysis may take the form of a supplemental PEIS, a new PEIS, or more extensive        project-level analysis.
NOS Surveying and Mapping Activities
NOS surveying and mapping activities use a variety of equipment and technologies to        gather accurate and timely data on the nature and condition of the marine and coastal environment,        including:
- Crewed Vessel Operations
- Anchoring
- Operation of Remotely Operated Vehicles (ROVs), Uncrewed Surface Vehicles              (USVs), and Autonomous Underwater Vehicles (AUVs)
- Use of Echo Sounders
- Use of Acoustic Doppler Current Profilers (ADCPs)
- Use of Acoustic Communication Systems
- Use of Sound Speed Data Collection Equipment
- Operation of Drop/Towed Cameras and Magnetometers
- Collection of Bottom Grab Samples
- Use of Passive Listening Systems
- SCUBA Operations
- Installation, Maintenance, and Removal of Tide Gauges
- Installation of GPS Reference Stations

*NOS surveying and mapping activities* | Transcript

Many of the NOS projects addressed in the Final PEIS include the use of underwater acoustic sound sources to        perform surveys for nautical charts, underwater obstruction detection, marine debris identification        and        location, and benthic (sea floor) habitat characterization. Below is a short video that explains how        a        multibeam echo sounder and side scan sonar are used to perform a hydroacoustic survey.

It appears that your browser doesn't support HTML5 video.                            Here's a direct link to                            the video instead.

*A three-minute video about multibeam and side scan sonar, including a visualization that          shows          how sonar data is used to make products like nautical charts. | **Download**: Soundscapes*
Fact Sheets
Learn more about the resources and impacts analyzed in the Final PEIS:
OverviewBasics of Underwater SoundUnderwater Sound and Marine MammalsSea TurtlesSeabirds, Shorebirds and Coastal Birds, and WaterfowlFish and Essential Fish HabitatCultural and Historic ResourcesCumulative ImpactEnvironmental JusticeNational Marine Sanctuaries Act (NMSA)Endangered Species Act (ESA)Coastal Zone Management Act (CZMA)Magnuson-Stevens Fishery Conservation and Management Act (MSA)Frequently Asked Questions What are the responsibilities of each of the NOS program offices? **** NOS is organized into eight program offices. Of the eight programs listed below, all but              one (the National Geodetic Survey) perform activities that are addressed in the Final              PEIS. Their responsibilities are as follows:              - Office of Coast Survey (OCS)  carries out NOAA’s                  surveying and charting responsibility in over 3 million square nautical miles                  (nm2) of U.S. waters. The program collects hydrographic data and creates and                  maintains nautical charts and other products to support safe navigation for                  commercial shipping, fishing, recreational boaters, and state and local                  governments.
- Center for Operational Oceanographic Products and Services                  (CO-OPS)  provides accurate, reliable, and timely water level,                  current, and other oceanographic measurements that support safe and efficient                  maritime commerce, sound coastal management, and recreation.
- National Centers for Coastal Ocean Science (NCCOS)  conducts and funds research in support of NOS core priorities of coastal change                  vulnerability, mitigation, and restoration; marine spatial ecology; stressor                  impacts and mitigation; and social science. 
- Office for Coastal Management (OCM)  implements the                  Coastal Zone Management Act, the nation’s guiding legislation for keeping the                  natural environment, built environment, quality of life, and economic prosperity                  of our coastal areas in balance. 
- Office of National Marine Sanctuaries (ONMS)  oversees the National Marine Sanctuary System, comprising 14 national marine                  sanctuaries and two marine national monuments. Together, these protected areas                  encompass more than 600,000 square miles of marine, riverine, and Great Lakes                  waters.
- Office of Response and Restoration (ORR)  provides                  expertise in preparing for, evaluating, and responding to threats to coastal                  environments, including oil and chemical spills, hazardous waste releases, and                  marine debris. 
- Integrated Ocean Observing System (IOOS)  a                  national-regional partnership that provides observational coastal data,                  forecasts, and new tools to improve safety, enhance the economy, and protect the                  environment. IOOS provides integrated ocean information in near real time, as                  well as retrospectively, which improves NOAA’s ability to understand and predict                  coastal storms, wave heights, and sea level change.
- Office of National Geodetic Survey (NGS)  provides                    the nation with geodetic and geographic positioning services through a common                    reference framework, the National Spatial Reference System, for establishing the                    coordinate positions of all geographic and geospatial data.
 What has changed from the Draft PEIS to the Final PEIS? ****
Given the timing of the publication of the Final PEIS, the temporal scope has been reduced from six years (2022 to 2027) to five years (2023 to 2027); therefore, although the annual projections of survey efforts have not changed, the total survey effort was reduced. Projects undertaken by NOS in 2022 relied on existing NOS procedures.

The Final PEIS has been updated to include additional mitigation measures that NOS has developed to be implemented on each project as appropriate to minimize the impacts of project activities, including reducing impacts on sensitive species and subsistence hunting and fishing. The additional mitigation measures in the Final PEIS were developed with subject matter experts and in coordination with field crews and with the National Marine Fisheries Service (NMFS), U.S. Fish and Wildlife Service (USFWS), and the Office of National Marine Sanctuaries (ONMS). This list of mitigation measures is included as an appendix to the Final PEIS.

Additionally, NOS is committed to incorporating the best available information into the Final PEIS. The PEIS has been revised since the draft version was published in June 2021 to reflect feedback received through interagency coordination and consultation, stakeholder input, and public comments. A description of stakeholder input and public comments can be found in Section 1.5, Public Involvement, of the Final PEIS. NOS has included responses to all public comments in Appendix C.
 Does the PEIS cover all NOAA ocean mapping projects? ****
This Final PEIS satisfies NOS requirements for transparent and informed decision making under the National Environmental Policy Act (NEPA). The Final PEIS covers NOS mapping and surveying projects operated by NOS field crews, other NOAA personnel on behalf of NOS and NOS contractors, grantees, or permit/authorization holders. Ocean mapping activities conducted by  NOAA programs outside of NOS are covered under a separate NEPA process. Although other NOAA surveying and mapping projects are not evaluated in this Final PEIS, this document may serve as a useful reference for other NOAA Line Offices analyzing activities similar to those covered by the Final PEIS.              
 How does NOS plan to engage federally recognized tribes? ****
Federally recognized tribes have a critical role in helping NOS understand the unique aspects of subsistence hunting and fishing and cultural resources. NOS will initiate project-specific consultations under Section 106 of the National Historic Preservation Act (16 U.S.C. § 470(f)) before commencing any activity with the potential to affect cultural or historic resources and will contact tribes before undertaking projects in areas of interest to the tribe.              

NOS is committed to ensuring the concerns raised by federally recognized tribes regarding NOS surveying and mapping activities during this process are heard, understood, and considered. 
 Why is sound in air different from sound underwater? ****
The term “sound” refers to vibrations which cause pressure changes that travel as a                wave through a medium, such as air or water. Physical differences between air and                water result in the same sound having different speed, pitch, and intensity.

In general, sound travels much faster and farther in water than in air. Sound travels                faster in denser mediums; however, the density of seawater varies with the water’s                salinity (salt concentration), temperature, and pressure (depth). On average, sound                travels at about 1,500 meters per second (m/s) (3,500 miles per hour [mph]) in                seawater compared to 340 m/s (760 mph) in air. The frequency, or pitch, of a sound                impacts the distance the sound travels. In general, low frequency sounds travel                farther than high frequency sounds. Some sounds, particularly low-frequency ones,                can travel hundreds of kilometers underwater.

The intensity, or loudness, of a sound depends on both the sound and the medium in                which the sound is traveling. Intensity is typically measured in decibels (dB), a                relative unit on a logarithmic scale that compares the sound pressure to a reference                pressure. The reference pressure is different for different mediums. In air,                decibels use a reference pressure of 20 microPascals (μPa) such that they are scaled                to the range of human hearing, so by definition, a 0 dB sound in air is the lowest                limit of human hearing. Humans perceive a 10 dB increase as a doubling of loudness.                In water, decibels are scaled using a reference pressure of 1 μPa. Since dB in air                and dB in water use different reference pressures, sound intensity reported in dB in                air is not the same as sound intensity reported in underwater dB (DOSITS, 2019). (Discovery of Sound in the Sea. 2019. University of Rhode Island and Inner Space Center, in partnership with the National Science Foundation, Office of Naval Research Science and Technology, National Oceanic and Atmospheric Administration, URI Graduate School of Oceanography, and Marine Acoustics, Inc. Available online at: https://dosits.org.) Has ocean mapping and surveying been done before? Why are new surveys            needed? ****
The ocean floor changes over time; therefore, accurate and updated survey data are                critical to providing products that support safe navigation for commercial shipping,                the fishing industry, recreational boaters, and military and government functions                such as law enforcement. 

As of 2020, only 43 percent of U.S. underwater territory had been mapped to modern                standards. Coordination within the ocean and coastal mapping community is                facilitated through the Interagency Working Group on Ocean and Coastal Mapping                (IWG-OCM) under the National Ocean Council. In addition to NOAA, other federal                agencies undertake or permit surveying and mapping projects for navigation,                conservation, resource exploration, and other purposes, including the Bureau of                Ocean Energy Management (BOEM), Federal Emergency Management Agency (FEMA), National                Park Service (NPS), Naval Oceanographic Office (NAVO), United States Army Corps of                Engineers (USACE), and United States Geological Survey (USGS).
 How does the PEIS relate to the National Strategy for Ocean Mapping, Exploring and            Characterization? ****
Only 43 percent of U.S. oceans, coasts, and Great Lakes waters extending from shore                to the U.S. Exclusive Economic Zone limits have been mapped to modern standards. The                depth, shape, and composition of the sea floor are foundational data elements that we                need to understand in order to explore, sustainably develop, conserve, and manage                our coastal and offshore ocean resources. NOS ocean mapping and surveying provides                the public and private sectors with nautical charts, benthic habitat condition maps,                current and tide charts, and other products necessary for safe navigation, economic                security, and environmental sustainability. 

The *National Strategy for Mapping, Exploring and Characterizing the U.S. EEZ* calls for interagency coordination for mapping, and developing and maturing science                and technology for mapping. The PEIS satisfies NOS’s requirement to assess the                environmental effects of its proposed actions prior to making decisions under NEPA.                Additionally, the PEIS establishes an informed decision making process that will                support streamlined compliance for NOS ocean mapping projects with other statutes                protecting natural resources such as the Endangered Species Act (ESA) and the Marine                Mammal Protection Act (MMPA). Because the PEIS provides analysis of the potential                environmental impacts of a more widespread adoption of new techniques and                technologies to more efficiently perform surveying, mapping, charting and related                data gathering, NOS will be able to support the implementation strategy for                exploration and characterization activities. 
 Where can I find information about where and when NOS surveys would occur? ****
The eight NOS program officse plan surveying and mapping projects well in                advance and inform the public through publications on their own websites. For                example, each year OCS summarizes the coming year’s survey projects in an                interactive story map. 
 Is NOS active acoustic equipment different from military sonar and seismic airguns? ****
**Yes**, NOS underwater active acoustic equipment is **different** from military sonar or seismic airguns. 

Military sonar is primarily used for communication and detecting objects in the water requiring higher power acoustic equipment and at a variety of frequencies depending on the communication, detection, or imaging needs. The higher power increases the  communication and detection range as well as improves signal processing. Low frequency may be used for long-range communication while higher frequency sonars may be used for better resolution in detection or imaging. Seismic airguns produce low-frequency, impulsive sounds (typically ~100 Hz) used to image geological strata beneath the seabed. Airguns are typically used in arrays to increase the overall sound energy to provide greater penetration and resolving power in seismic surveys. In contrast, NOS uses active acoustic equipment to generate images of underwater features such as the sea floor, benthic habitat, and marine debris. Most of the active acoustic equipment used by NOS operates at frequencies above 200 kHz, which is above the hearing frequency range of most marine species (e.g., marine mammals, sea turtles, fish, and aquatic macroinvertebrates). NOS acoustic equipment that operates below 200 kHz is lower power than military sonar. NOS uses this acoustic equipment to direct the sound energy downward using a narrow beam width to map the sea floor and sediment layers. The low frequency acoustic equipment used by NOS produces non-impulsive sounds of lower sound energy than seismic airgun arrays.              

Therefore, NOS active acoustic equipment is considered less harmful to marine species                than military sonar and seismic airguns because of the differences in equipment and                uses. 
The Final Programmatic Environmental Impact Statement (PEIS) Final Programmatic Environmental Impact              StatementFinal PEIS AppendicesNEPA Process
The National Environmental Policy Act (NEPA) requires federal agencies to consider the environmental        impacts of their proposed actions. To meet this requirement, federal agencies prepare a document        analyzing the possible impacts of their proposed action and reasonable alternatives. 

In December 2016, NOS published a Notice of Intent (NOI) to prepare a Programmatic Environmental Assessment        (PEA). During preparation of the PEA, NOS decided the scope of the surveying and mapping        program and the complexities of the analysis warranted a Programmatic Environmental Impact Statement        (PEIS). A PEIS evaluates the consequences of broad proposals or planning-level decisions on the        environment. An EIS is the most comprehensive of NEPA documents. A PEIS may include a wide range of        individual projects, implementation over a long timeframe, and/or execution over a wide geographic        area. The purpose of the NOS PEIS is to: 
-  Inform NOS and the public on the physical, biological, economic, and social impacts of NOS            mapping and surveying projects; and  
-  Assist NOS in deciding how to execute its mapping and surveying program over the next five            years.  

A Notice of Availability (NOA) for the Draft PEIS was published in the Federal Register on June 25, 2021 to announce its publication for public review and comment. An extension of the public comment period was published in the Federal Register on August 24, 2021 to announce an additional 90-day public review and comment period, ending on November 22, 2021.

The PEIS evaluates three alternatives:       
-  The No Action Alternative (Alternative A), under which NOS would continue to gather accurate and timely data on the nature and condition of the marine and coastal environment, reflecting the technology, equipment, scope, and methods currently in use by NOS at the current level of effort (i.e., the status quo);  
-  Alternative B, under which NOS would increase the adoption of new technologies to more efficiently perform surveying, mapping, charting and related data gathering; and            
-  Alternative C, which also includes the adoption of new techniques and technologies and includes an overall funding increase of 20 percent.           

Alternative B was selected as the “preferred alternative” because it reflects the most likely scenario for the level of activity needed to meet NOS mission requirements. Alternative B most accurately aligns with anticipated technological needs over the five-year time span based on current and anticipated agency priorities. NOS will make an official decision when the agency signs a Record of Decision (30 days after publication of the Final PEIS).      

All environmental consequences from each of the alternatives are anticipated to be adverse, minor to        moderate, and insignificant, except for the environmental consequences to socioeconomic resources        which are expected to be indirect, beneficial, and moderate . The primary difference of impacts        among the alternatives is one of scale, with the impacts from Alternative C the same or slightly,        but not appreciably, larger than those under Alternatives A and B for each impact causing factor.        Among these impacts, NOS identified the potential for acoustic disturbance to marine mammals as an        area warranting detailed analysis. In the Final PEIS, NOS finds that, after conducting quantitative        acoustic impacts modelling, that impacts on marine mammals under all alternatives are expected to be        limited to minor behavioral disturbances that would be temporary or short-term and would not be        considered outside the natural range of variability of species’ populations, their habitats, or the        natural processes sustaining them. 

The Summary Comparison of Impacts includes a comparison of the assessed        environmental consequences associated with alternatives for the Proposed Action for resources        analyzed in the Final PEIS. 

A Notice of Availability (NOA) for the Final PEIS was published in the Federal Register on November 25, 2022. 

The Record of Decision (ROD) for the Final PEIS was signed by the NOS Assistant Administrator on January 9, 2023 to conclude the NEPA process for this program. NOS selected Alternative B because it takes advantage of newer, more efficient technology, responds to the needs of anticipated new marine sanctuaries, and most efficiently addresses the nation’s needs for coastal and marine data, while reflecting a reasonably-foreseeable level of funding.
Other Compliance Requirements
Pursuant to 40 CFR 1502.24, NOS invited several agencies to participate as consulting agencies, including the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS). Both agencies agreed to provide a comprehensive technical assistance review prior to publication of the Draft PEIS. In coordinating with NOS, NMFS and USFWS participated in multiple meetings and reviews during the development of the Draft PEIS.

NOS is, to the fullest extent possible, integrating the requirements of NEPA with all other applicable environmental review requirements. NOS will initiate consultation efforts with the regulatory agencies to comply with the following environmental regulations and executive orders.

NOS will continue to initiate project-specific consultations under Section 106 of the National Historic Preservation Act (NHPA) before commencing any activity with the potential to affect cultural or historic resources. NOS will also continue project-specific consultations under all statutes where programmatic consultations are ongoing or not complete. The following table summarizes the current status of NOS programmatic coordination and consultation:

**Federal Agency**

**Statute**

****Documentation**
**Consultation Initiation/Completion**

**Completed Consultations**

National Marine Fisheries Service Office of Habitat Conservation

Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat

Essential Fish Habitat Assessment

Began June 2, 2022Completed January 5, 2023

National Marine Fisheries Service Office of Protected Resources

Endangered Species Act

Biological Assessment (Draft PEIS)

Began August 26, 2021Completed December 14, 2022

Office of National Marine Sanctuaries

National Marine Sanctuaries Act

Sanctuary Resource Statement

Began June 1, 2022Completed April 17, 2023

State and Territory Coastal Management Programs

Coastal Zone Management Act

Consistency Determination Letters

Began August 2022Completed November 20231

U.S. Fish and Wildlife Service

Endangered Species Act

Biological Assessment (Draft PEIS)

Began August 21, 2021Completed December 20, 2023

**Ongoing Consultations**

National Marine Fisheries Service Office of Protected Resources

Marine Mammal Protection Act

Letter of Authorization Application

Began June 3, 2022Ongoing

U.S. Fish and Wildlife Service

Marine Mammal Protection Act

Incidental Take Regulation Request

Began September 12, 2022Ongoing

1 - The Commonwealth of the Northern Mariana Islands (CNMI) initially objected to the NOS determination that the surveying and mapping program was consistent to the maximum extent practicable with coastal policies because of the potential for marine mammals to be harassed by acoustic sources, such as echo sounders. However, this objection is preempted under Section 109(a) of the Marine Mammal Protection Act (MMPA), 16 U.S.C. § 1379(a).
Environmental Regulations Marine Mammal Protection Act (MMPA) Section 305(b) ******Jurisdiction: National Marine Fisheries Service (NMFS) and U.S. Fish and                Wildlife Service (USFWS)**
The MMPA prohibits the “take” of marine mammals; take includes the harassment,                hunting, capture, or killing of marine mammals. Section 101(a)(5)(A-D) provides a                mechanism for allowing the incidental, not intentional, take of small numbers of                marine mammals.

Under the MMPA, NMFS is responsible for the protection of whales, dolphins,                porpoises, seals, and sea lions. For species under the jurisdiction of NMFS,                incidental take authorizations may be issued as either: 1) regulations and                associated Letters of Authorization (LOAs), or 2) Incidental Harassment                Authorizations (IHAs). LOAs are available for actions with potential to result in                serious injury or mortality. LOAs are issued by region and can be valid for up to 5                consecutive years. An IHA is also issued by region, can only be valid for 1 year,                and is limited to authorizing take by harassment. NOS submitted an LOA Application to the NMFS Office of Protected Resources (OPR) for the Proposed Action. As part of the LOA process, NMFS will facilitate and request                additional public input.

The USFWS has jurisdiction over walruses, manatees, sea otters, and polar bears under                the MMPA. For these species, USFWS may issue an Incidental Take Regulation (ITR). ITRs can be issued for periods of up to 5 years and can cover all forms of                incidental take. As part of the ITR process, USFWS will facilitate and request                additional public input. Once an ITR is granted, individual projects will apply for                a project-specific LOA under the ITR. NOS submitted an ITR request to USFWS for the Proposed Action.
 Endangered Species Act (ESA) Section 7 ******Jurisdiction: NMFS and USFWS**
The ESA regulates the conservation of endangered or threatened species and their                ecosystems. Under Section 7(a)(2), federal agencies must ensure that their actions                are not likely to jeopardize ESA-listed species or damage designated critical                habitat. Federal agencies must consult with USFWS and NMFS when an action may affect                a protected species or critical habitat. The consultation process is initiated by                the preparation of a Biological Assessment (BA).

NOS intends that the Draft PEIS serve as a BA. NOS initiated consultation with NMFS OPR and USFWS under Section 7 of the ESA. Through the ESA consultation process, NOS developed additional mitigation measures to minimize impacts to sensitive species which have been incorporated into appropriate resource sections and are listed in Appendix D of the Final PEIS. For NOS projects being proposed in freshwater, an ESA species list will be requested from the USFWS Information for Planning and Consultation (IPaC) report system. From this information, NOS will determine if any ESA-listed species are present in a proposed project area that have not already been addressed in this Final PEIS and therefore, not in the programmatic ESA consultation. If any such species are identified, NOS will consider possible impacts to ESA-listed species in the context of that specific project. If appropriate, NOS will then initiate a Section 7 consultation with the appropriate USFWS field office(s).
 Magnuson-Stevens Fishery Conservation and Management Act (MSA) Section 305(b) ******Jurisdiction: NMFS**
The MSA regulates marine fisheries management in U.S. federal waters and encourages                the conservation and restoration of essential fish habitat (EFH) and resources. EFH                refers to all waters and substrate necessary for fish for spawning, breeding,                feeding, or growth to maturity. MSA Section 305(b) requires consultation on all                actions, or Proposed Actions, authorized, funded, or undertaken by the agency that                may adversely affect EFH. EFH consultation is managed by NMFS’s Office of Habitat                Conservation. If adverse effects are anticipated, NMFS will recommend measures to                avoid, minimize, or offset any adverse impacts associated with the activity to                ensure no reduction in the quality or quantity of EFH occurs as a result of the                proposed activity.  

NOS submitted an EFH Assessment to NMFS’s Office of Habitat Conservation and received a final                  response from NMFS on November 1, 2022. Through the EFH consultation process, NOS developed additional mitigation measures to minimize impacts to sensitive species and habitats which have been incorporated into appropriate resource sections and are listed in Appendix D of the Final PEIS.
 Migratory Bird Treaty Act (MBTA) ******Jurisdiction: USFWS**
The MBTA is the primary legislation in the U.S. established to conserve migratory                birds and requires the protection of migratory birds and their habitats. It                implements the U.S. commitment to four bilateral treaties or conventions with                Canada, Japan, Mexico, and Russia for protection of a shared migratory bird                resource. The MBTA prohibits, with certain exceptions, pursuing, hunting, taking,                capturing, killing, or selling migratory birds or any part, nest, egg, or product of                migratory birds. Migratory birds protected under the MBTA include those that are                native to the U.S. which are listed in 50 CFR § 10.13. 

The Final PEIS assesses the potential incidental effects of NOS activities on Federally protected birds. The                Final PEIS assesses the potential incidental effects of NOS activities on Federally protected birds.              
 Coastal Zone Management Act (CZMA) ******Jurisdiction: States and Territories**
The CZMA is a voluntary program for coastal states, Great Lakes states, and U.S.                Territories and Commonwealths that encourages proactively managing natural resources                for the state’s benefit and the benefit of the nation. Section 307 of the CZMA is                known as the “federal consistency” provision and requires federal actions that                affect any land or water use or natural resource of a state’s coastal zone to be                consistent with the enforceable policies of the state coastal management program                (CMP).

In August 2022, NOS initiated coordination for federal consistency with coastal states and territories with approved CMPs pursuant to Section 307 of the CZMA. The Consistency Determination letters evaluate the coastal effects of proposed activities according to the relevant enforceable policies to make a consistency determination under CZMA. Potential requirements for future coordination and additional mitigation measures will be developed through the CZMA process. NOS anticipates that CZMA consultation will be concluded prior to issuance of the ROD.
 National Historic Preservation Act (NHPA) Section 106 ******Jurisdiction: State Historic Preservation Officer/Tribal Historic                Preservation Officer (SHPO/THPO)**
The NHPA regulates the management of historic properties. NHPA Section 106 requires                federal agencies to consider the effects of their actions on historic properties.                Agencies must identify and consult with the appropriate SHPO/THPO if actions could                affect historic properties. While NOS may consider developing a Programmatic Agreement (PA) for multiple undertakings in the future, currently NOS will initiate project-specific consultations under Section 106 of the NHPA before commencing any activity with the potential to affect cultural or historic resources. In                addition to the NHPA, NOS invited tribes to consult after publication of the                Draft PEIS pursuant to EO 13175, Consultation and Coordination with Indian Tribal                Governments. This EO ensures that all Executive departments and agencies consult                with Indian tribes and respect tribal sovereignty as they develop policy on issues                that impact Indian tribes. 
 National Marine Sanctuaries Act (NMSA) Section 304(d) ******Jurisdiction: Office of National Marine Sanctuaries                (ONMS)**
NMSA regulates the management of areas of the marine environment that are afforded                special protection, such as national marine sanctuaries. NMSA prohibits injury to                sanctuary resources such as biological and cultural resources. NMSA Section 304(d)                requires consultation to be initiated by the submittal of a sanctuary resource                statement (SRS) to ONMS that describes the potential effects of a proposed activity                on sanctuary resources. NOS submitted an SRS for consultation with ONMS that includes a programmatic-level evaluation of impacts from the NOS Preferred Alternative (Alternative B) on each sanctuary.
Executive Orders- EO          13175: Consultation and Coordination with Indian          Tribal Governments 
- EO 12114: Environmental Effects Abroad of Major Federal          Actions
- EO          11988: Floodplain Management
- EO 11990:          Protection of Wetlands
- EO          13158: Marine Protected Areas
- EO          12898: Federal Actions to Address Environmental Justice in Minority Populations and          Low-Income Populations
- EO          13112: Invasive Species
- EO          13693: Planning for Federal Sustainability in the Next Decade
- EO          14008: Tackling the Climate Crisis at Home and Abroad
- EO          13186: Responsibilities of Federal Agencies To Protect Migratory Birds
- EO 13089: Coral Reef Protection
- EO 13352: Facilitation of Cooperative Conservation
Infographic Transcript: NOS surveying and mapping activities
This graphic depicts a coastal waterway and shows many of the various surveying and mapping tools or activities used within U.S. waterways, to include:
- Continuously operating reference stations
- Water Quality Monitoring
- Buoys: Ocean chemistry, wave sensors, water temperature gauge, meteorological            sensors, harmful algal bloom monitoring
- ATON mounted acoustic doppler current profiler; bottom mounted acoustic doppler            current profiler 
- Single beam sonar, multibeam sonar
- Glider or autonomous underwater vehicle
-  Provide Feedback 
-  Contact Us
-  Report an error

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