[Federal Register Volume 78, Number 237 (Tuesday, December 10, 2013)]
[Proposed Rules]
[Pages 74046-74048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29290]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 922
[Docket No. 130813710-3710-01]
RIN 0648-BD60
Gray's Reef National Marine Sanctuary Regulations and Management
Plan
AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Proposed rule.
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SUMMARY: NOAA is proposing to update the regulations and management
plan for Gray's Reef National Marine Sanctuary (GRNMS or Sanctuary).
The regulations would be revised to clarify the prohibition on
anchoring and add an exemption to allow the use of weighted marker
buoys that are continuously tended and used during otherwise lawful
fishing or diving activities and that are not attached to a vessel and
not capable of holding a boat at anchor. A draft environmental
assessment has been prepared that includes analysis of the consequences
of this proposed action. A draft management plan outlining management
priorities for GRNMS for the next 5-10 years has also been prepared.
NOAA is soliciting public comment on the proposed rule, draft
environmental assessment, and draft management plan.
DATES: Comments will be considered if received by February 10, 2014. A
Public hearing will be held as detailed below:
(1) January 7, 2014, 5:30-7:30 p.m., Pooler Public Library, 216 S.
Rogers St., Pooler, Georgia
(2) January 8, 2014, 5:30-7:30 p.m., Statesboro Regional Library, 124
S. Main St., Statesboro, Georgia
(3) January 9, 2014, 5:30-7:30 p.m., Marshes of Glynn Library, 208
Gloucester St., Brunswick, Georgia
ADDRESSES: You may submit comments on this document, identified by
NOAA-NOS-2013-0160, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NOS-2013-0160, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Gray's Reef National Marine Sanctuary, 10 Ocean
Science Circle, Savannah, GA 31411, Attn: Greg McFall, Superintendent.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NOAA. All comments received are a part of the
public record and will generally be posted for public viewing on
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 will be publicly accessible. NOAA will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Becky Shortland at (912) 598-2381.
Copies of the proposed rule, draft environmental assessment, and
draft management plan can be downloaded or viewed on the internet at
www.regulations.gov (search for docket NOAA-NOS-2013-0160) or
at http://graysreef.noaa.gov. Copies can also be obtained by contacting
Resource Protection Coordinator Becky Shortland, Gray's Reef National
Marine Sanctuary, 10 Ocean Science Circle, Savannah, Georgia; or,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
A. Gray's Reef National Marine Sanctuary
NOAA designated GRNMS as the nation's fourth national marine
sanctuary in 1981 for the purposes of: Protecting the quality of this
unique and fragile ecological community; promoting scientific
understanding of this live bottom ecosystem; and enhancing public
awareness and wise use of this significant regional resource. GRNMS
protects 22 square miles of open ocean and submerged lands of
particularly dense and nearshore patches of productive live bottom
habitat. The sanctuary is influenced by complex ocean currents and
serves as a mixing zone for temperate (colder water) and sub-tropical
species. The series of rock ledges and sand expanses has produced a
complex habitat of caves, burrows, troughs, and overhangs that provide
a solid base upon which temperate and tropical marine flora and fauna
attach and flourish.
B. Need for action
The National Marine Sanctuaries Act of 1972 (NMSA; 16 U.S.C. 1431
et seq.) section 304(e) requires that NOAA review and evaluate, among
other things, the site-specific management techniques and strategies to
ensure that each sanctuary continues to fulfill the purposes and
policies of the NMSA. Emerging issues, such as the effects of invasive
lionfish on sanctuary resources, for example, are not adequately
addressed in the 2006 plan. The new draft management plan reflects some
of these emerging issues and presents management priorities for GRNMS
for the next 5-10 years. These proposed regulatory changes would, in
the case of the anchoring prohibition, clarify that attempting to
anchor is also prohibited because deployment of anchors, even if the
anchors do not set on the bottom, can result in impacts to the
submerged lands. In the case of the weighted marker buoys, these
proposed regulatory changes would allow the placement of weighted
marker buoys used during otherwise lawful fishing or diving activities.
The purpose of deployment of a weight on the bottom is for safety or
convenience while conducting diving and recreational fishing
activities, since anchoring is not allowed.
II. Summary of the Proposed Revisions to GRNMS Regulations
The proposed regulatory action would clarify a prohibition and add
an exemption.
[[Page 74047]]
(a) Clarification of anchoring prohibition:
NOAA is proposing to clarify the prohibition on anchoring in the
sanctuary (15 CFR 922.92 (a)(10)) by adding ``. . . or attempting to
anchor'' to GRNMS's existing anchoring regulation. This would
facilitate law enforcement efforts and protect sanctuary resources by
allowing authorized officers to enforce the anchoring prohibition even
when an anchor had not yet been set in the submerged lands of the
sanctuary. Enforcement officials have experienced occasions where
sanctuary users were ``attempting'' to anchor in GRNMS despite the
prohibition, but because the anchor had not yet been ``set'', the
prohibition did not apply. This amendment would better align the
regulation with its original intent to minimize disturbance to the
submerged lands, which can occur during deployment of the anchor even
if it has not been set on the bottom.
(b) Exemption for marker buoys:
Current GRNMS regulations prohibit placing any material on the
submerged lands of the sanctuary, including weights for marker buoys
that sit on the seafloor to mark locations during recreational diving
or fishing (15 CFR 922.92 (a)(2)). NOAA is proposing to add an
exemption to this regulation for bottom placement of weighted marker
buoys that are continuously tended and used during otherwise lawful
fishing or diving activities and that are not attached to a vessel and
not capable of holding a boat at anchor. Weights used with a marker
buoy would not have a combined weight of more than 10 pounds, would be
attached with not greater than one-fourth inch (\1/4\'') line and would
be removed from the sanctuary within twelve (12) hours of deployment.
Any weighted marker buoy that is not continuously tended could be
removed by the Assistant Administrator or designee or an authorized
officer, without notice. By ``continuously tended'', NOAA means that
the buoy is in use by fishers or divers at the time it is observed and
that the fishers' or divers' boat is in some proximity to the buoy.
The weighted marker buoys would be used for diving safety (markers
provide a stationary point for divers to more accurately locate a site
and for boat operators to find divers on their ascent), and to assist
recreational fishers for marking and relocating a fishing spot as their
boat drifts. Because anchoring in GRNMS is currently prohibited,
recreational diving must be conducted by ``live-boat'' (non-anchored
vessels), and recreational fishing by trolling or drifting with a
vessel. Public comment and Sanctuary Advisory Council discussion during
scoping for the management plan review indicated strong support for
regulatory exemption of weighted marker buoys. Because the use of
marker buoys for recreational fishing is more a matter of convenience
than safety, the benefit of this action to recreational fishing would
be minimal; however, the impact of weighted marker buoys from diving or
fishing on sanctuary resources is negligible and essentially identical
and therefore, NOAA is proposing to allow this practice for both of
these activities.
III. Classification
A. National Environmental Policy Act
NOAA has prepared a draft environmental assessment to evaluate the
impacts of the proposed rulemaking. Copies are available at the address
and Web site listed in the ADDRESSES section of this proposed rule.
B. Executive Order 12866: Regulatory Impact
This proposed rule has been determined to be not significant as
that term is defined in Executive Order 12866.
C. Executive Order 13132: Federalism Assessment
NOAA has concluded this regulatory action does not have federalism
implications sufficient to warrant preparation of a federalism
assessment under Executive Order 13132.
D. Regulatory Flexibility Act
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities.
NOAA expects the proposed regulatory exemption on the use of small,
weighted marker buoys in the sanctuary to result in beneficial effects
for recreational users of GRNMS by: (a) Enhancing dive opportunities at
the Sanctuary and, (b) enhancing bottom fishing opportunities within
the for-hire charter boat fishing and private recreational boating
industries.
It is estimated that there are currently one or two diving
operators occasionally taking people out to the sanctuary. A 2008
survey (Ehler 2010) identified 15 charter boats that utilize GRNMS as
one of their fishing locations. The survey found that approximately 40
percent of their fishing activity took place in the sanctuary. In 2012,
NOAA estimated that 245 people participated in bottom-fishing from
private household boats in the sanctuary accounting for a little over
3,000 person-days of bottom-fishing. An additional 36 people
participated in diving activities in the sanctuary via access from
private household boats and accounted for a little over 300 person-days
of activity (Leeworthy 2013). NOAA expects this rule to slightly
increase the number of bottom-fishing trips from private household
boats in the sanctuary with small positive benefits to the current
participants and some additional small economic benefits to
recreational fishing related economies based on increased activity and
spending. All spending by the recreational sector would benefit small
businesses that provide goods and services to recreational
participants.
E. Paperwork Reduction Act
This proposed rule would not require any additional collection of
information, and therefore no paperwork reduction act action is
required. Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
IV. Request for Comments
NOAA requests comments on this proposed rule for 60 days after
publication of this notice.
V. References
A complete list of all references cited herein is available upon
request (see ADDRESSES section).
List of Subjects in 15 CFR Part 922
Administrative practice and procedure, Coastal zone, Fishing gear,
Marine resources, Natural resources, Penalties, Recreation and
recreation areas, Wildlife.
(Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary
Program).
Dated: November 29, 2013.
Holly A. Bamford,
Assistant Administrator, National Ocean Service, National Oceanic and
Atmospheric Administration.
Accordingly, for the reasons set forth above, NOAA proposes
amending part 922, title 15 of the Code of Federal Regulations as
follows:
[[Page 74048]]
PART 922--NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS
0
1. The authority citation for part 922 continues to read as follows:
Authority: 16 U.S.C. 1431 et seq.
0
2. In Sec. 922.92, revise paragraphs (a)(2) and (a)(10) to read as
follows:
Sec. 922.92 Prohibited or otherwise regulated activities--Sanctuary-
wide.
(a) * * *
(2) Constructing any structure other than a navigation aid, or
constructing, placing, or abandoning any structure, material, or other
matter on the submerged lands of the Sanctuary except weighted marker
buoys that are continuously tended and used during otherwise lawful
fishing or diving activities and that are not attached to a vessel and
not capable of holding a boat at anchor. Weights used with a marker
buoy shall not have a combined weight of more than 10 pounds, shall be
attached with not greater than one-fourth inch (\1/4\'') line and shall
be removed from the Sanctuary within twelve (12) hours of deployment.
Any weighted marker buoy that is not continuously tended may be removed
by the Assistant Administrator or designee or an authorized officer,
without notice.
* * * * *
(10) Anchoring, or attempting to anchor, any vessel in the
Sanctuary, except as provided in paragraph (d) of this section when
responding to an emergency threatening life, property, or the
environment.
* * * * *
[FR Doc. 2013-29290 Filed 12-9-13; 8:45 am]
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