Support strong protections for Elkhorn Slough Reserve

Issues on the record, awaiting the decision

• PendingThe notice states that comments 'not related to the performance evaluation of ESNERR' will not be considered, but provides no definition of what falls within scope.

  The notice states that comments 'not related to the performance evaluation of ESNERR' will not be considered, but provides no definition of what falls within scope. Because the notice withholds the evaluation criteria and the evaluation notification letter, commenters have no way to know what topics are in scope versus out of scope. This risks NOAA dismissing substantive comments on issues such as water quality, tribal consultation, or adjacent land use as 'not related' without explanation. NOAA should publish the evaluation scope and criteria alongside the public notice so commenters understand what subjects are germane before submitting input.

  A hole PLAN found in the agency’s own notice, quote verified against the text

• PendingKey evaluation documents -- the evaluation notification letter, reserve management plan, site profile, and most recent progress report -- are available only by contacting a single named agency employe

  Key evaluation documents -- the evaluation notification letter, reserve management plan, site profile, and most recent progress report -- are available only by contacting a single named agency employee. The ADDRESSES section makes no provision for downloading these documents from a public website, unlike the prior evaluation findings which are posted online. This creates an unequal playing field: commenters who know to ask get the record; those who do not are commenting blind. NOAA should post all four documents to the same public URL where prior findings are hosted before the comment period opens, and should extend the written comment deadline to allow adequate review time after posting.

  A hole PLAN found in the agency’s own notice, quote verified against the text

• PendingThe public meeting runs from 6 p.m.

  The public meeting runs from 6 p.m. to 7 p.m. -- a single one-hour window -- and the notice states NOAA may close the meeting ten minutes after testimony concludes. The CZMA requires NOAA to hold 'one or more public meetings,' but a single one-hour session at one physical location in Castroville, California does not adequately serve the full geographic range of stakeholders who depend on Elkhorn Slough, including those in Watsonville, Salinas, Santa Cruz, and Monterey. NOAA should schedule at least one additional public meeting at a different time of day and location, or extend the virtual comment window, to satisfy the statutory requirement of meaningful public consultation.

  A hole PLAN found in the agency’s own notice, quote verified against the text

• PendingThe notice does not state whether tribal consultation has been initiated or completed as part of this evaluation.

  The notice does not state whether tribal consultation has been initiated or completed as part of this evaluation. The SUPPLEMENTARY INFORMATION section lists consultation with 'interested Federal, State, local agencies, and members of the public' but does not mention tribal governments, despite Elkhorn Slough's location within the ancestral territory of the Ohlone and other tribes with documented cultural and subsistence connections to the slough. NOAA should clarify in the record whether government-to-government tribal consultation has been conducted, identify which tribes were contacted, and explain how tribal input will be incorporated into the final evaluation findings.

  A hole PLAN found in the agency’s own notice, quote verified against the text

• PendingThe written comment deadline of September 25, 2026 is only ten days after the public meeting on September 15, 2026.

  The written comment deadline of September 25, 2026 is only ten days after the public meeting on September 15, 2026. Commenters attending the meeting may need time to gather supporting data, consult scientific literature, or coordinate with community organizations before submitting written comments. Ten days is insufficient for substantive technical input. NOAA should extend the written comment period to at least 30 days after the public meeting to allow meaningful participation consistent with the spirit of the CZMA's public consultation requirement described in SUPPLEMENTARY INFORMATION.

  A hole PLAN found in the agency’s own notice, quote verified against the text

• PendingThe notice provides no description of what the evaluation will actually examine -- no criteria, no metrics, no list of which national objectives are being assessed.

  The notice provides no description of what the evaluation will actually examine -- no criteria, no metrics, no list of which national objectives are being assessed. The SUPPLEMENTARY INFORMATION section states NOAA will consider national objectives, adherence to the management plan, and financial assistance terms, but gives the public zero substantive information about ESNERR's current performance, known deficiencies, or issues flagged in prior evaluations. Without that baseline, commenters cannot meaningfully respond. NOAA should release the evaluation notification letter, the most recent progress report, and prior evaluation findings publicly in the Federal Register notice itself, not merely 'upon request,' so that all members of the public have equal access to the same factual record before the comment deadline closes.

  A hole PLAN found in the agency’s own notice, quote verified against the text

• PendingThe notice does not disclose what consequences flow from a negative evaluation finding -- whether NOAA can withhold financial assistance, require corrective action, or modify the management plan.

  The notice does not disclose what consequences flow from a negative evaluation finding -- whether NOAA can withhold financial assistance, require corrective action, or modify the management plan. The SUPPLEMENTARY INFORMATION section says NOAA will consider 'the terms of financial assistance under the CZMA' but gives the public no information about what corrective mechanisms exist or what prior evaluations concluded. Stakeholders whose livelihoods, recreation, or conservation interests depend on the reserve's proper management cannot assess the stakes of this evaluation without that context. NOAA should include a plain-language summary of possible evaluation outcomes and corrective actions in the Federal Register notice.

  A hole PLAN found in the agency’s own notice, quote verified against the text