[Federal Register Volume 79, Number 59 (Thursday, March 27, 2014)]
[Proposed Rules]
[Pages 17073-17077]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06504]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / 
Proposed Rules

[[Page 17073]]



DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket No. 120809321-3716-02]
RIN 0648-BC26


Gulf of the Farallones and Monterey Bay National Marine 
Sanctuaries Regulations on Introduced Species

AGENCY: Office of National Marine Sanctuaries (ONMS), National Oceanic 
and Atmospheric Administration (NOAA), Department of Commerce (DOC).

ACTION: Amendment to proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: On March 18, 2013 (78 FR 16622), NOAA proposed to prohibit the 
introduction of introduced species into the state waters of Gulf of the 
Farallones and Monterey Bay national marine sanctuaries (GFNMS and 
MBNMS, respectively). The proposed prohibition included exceptions for 
the catch and release of striped bass and for introduced species as 
part of mariculture activities in the Tomales Bay region of GFNMS (the 
only geographic area within sanctuaries offshore of California where 
mariculture occurs). NOAA is now amending the March 2013 proposed rule 
to allow GFNMS and MBNMS to authorize certain introduced species of 
shellfish from commercial mariculture projects in all state waters of 
the sanctuaries.

DATES: Comments on this proposed rule will be accepted on or before 
April 11, 2014.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NOS-2012-0113, 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-2012-0113, click the 
``Comment Now!'' icon, complete the required fields and enter or attach 
your comments.
     Mail: Dave Lott, Regional Operations Coordinator, West 
Coast Region, Office of National Marine Sanctuaries, 99 Pacific Street, 
STE100F, Monterey, CA 93940.
    Instructions: This is a re-opening of the comment period for this 
docket. Comments must be submitted by one of the above methods to 
ensure that comments are received, documented, and considered by ONMS. 
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. 
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.) submitted voluntarily by the sender will be publicly accessible. 
Do not submit confidential business information, or otherwise sensitive 
or protected information. ONMS 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 
or Excel, WordPerfect, or Adobe PDF file formats only.
    You may obtain copies of the original final environmental impact 
statement, record of decision, or other related documents through the 
following Web site: http://sanctuaries.noaa.gov/jointplan.

FOR FURTHER INFORMATION CONTACT: Dave Lott, Regional Operations 
Coordinator, West Coast Region, Office of National Marine Sanctuaries, 
99 Pacific Street, STE 100F, Monterey, CA 93940. (831) 647-1920.

SUPPLEMENTARY INFORMATION:

I. Background

    On November 20, 2008, NOAA issued a final rule associated with the 
Joint Management Plan Review (JMPR) of GFNMS, MBNMS, and Cordell Bank 
NMS (73 FR 70488). Among other things, the rule prohibited the 
introduction of introduced species within or into both the federal and 
state waters of GFNMS and MBNMS, except for the catch and release of 
striped bass in both sanctuaries and from existing commercial 
mariculture activities within the Tomales Bay region of GFNMS. In 
December 2008, the then-Governor of California, acting pursuant to the 
National Marine Sanctuaries Act, objected to these introduced species 
regulations for the state waters portions of GFNMS and MBNMS. As a 
result of that objection, NOAA's prohibitions on introduced species are 
limited to the federal waters of MBNMS and GFNMS.
    On March 18, 2013, following discussions with the State of 
California, NOAA re-proposed the prohibition on the introduction of 
introduced species within or into the state waters of GFNMS and MBNMS 
to provide regulatory consistency across the four national marine 
sanctuaries offshore California (78 FR 16622). The proposal would 
maintain exceptions for the catch and release of striped bass and for 
state-permitted commercial mariculture activities in Tomales Bay. A 60-
day comment period on the proposed rule closed on May 17, 2013. (Note: 
MBNMS regulations use the term ``aquaculture'' and GFNMS regulations 
use the term ``mariculture'' to refer to the same activity; 
accordingly, both of these terms are used in this notice of amended 
proposed rulemaking.)
    NOAA received comments from both the California Department of Fish 
and Wildlife (CDFW) and aquaculture industry raising concerns that 
ONMS's broad definition of ``introduced species'' does not recognize 
that a number of introduced species of shellfish have been cultivated 
for over 100 years within sanctuary waters of Tomales Bay without 
adverse impacts to native resources. The Final Environmental Impact 
Statement for the 2008 Joint Management Plan Review recognized that 
non-native oyster species cultivated in Tomales Bay had not spread 
outside the mariculture areas. Both the CDFW and aquaculture industry 
also commented that the proposed regulation did not allow NOAA to 
consider potential future permit requests from the industry for 
cultivation of such species. The state believed that if NOAA exercised 
the authority to permit such operations, in close cooperation and 
collaboration with state resource management agencies--CDFW, California 
Fish and Game Commission (CFGC), and California Coastal Commission 
(CCC)--this would allow aquaculture operators and the state to 
demonstrate that expanding existing or developing new shellfish 
aquaculture operations involving introduced species

[[Page 17074]]

of shellfish that are non-invasive would not harm sanctuary resources. 
Both CDFW and the aquaculture industry also expressed the view that 
this approach would be more consistent with Executive Order 13112 on 
the management of introduced species.
    Through this amended notice of proposed rulemaking, NOAA is 
proposing to allow MBNMS and GFNMS to authorize state permits or leases 
for commercial mariculture projects in state waters involving 
introduced species of shellfish that the state management agencies and 
NOAA have determined are non-invasive and would not have significant 
adverse impacts to sanctuary resources or qualities. State agencies 
agree with NOAA that introduced species should be managed uniformly 
throughout the two sanctuaries.
    Currently, the introduction of introduced species is prohibited in 
the federal waters of GFNMS. As amended, this proposed rule would 
extend the prohibition into the state waters of the sanctuary, 
including Tomales Bay. However, existing State-permitted commercial 
mariculture operations in Tomales Bay would not be subject to this 
regulation unless they seek a modification (e.g., changes to the 
species of cultivated shellfish or new areas for cultivation). For a 
new introduced species aquaculture operation, any such proposal after 
the effective date of these regulations would require a sanctuary 
authorization. Therefore, all existing commercial mariculture 
operations in Tomales Bay that have a valid lease or permit from the 
State as of May 1, 2014, would remain exempt from the prohibition on 
the introduction of introduced species and would not require a 
sanctuary authorization. However, a state permit, license or other 
authorization issued after May 1, 2014, to expand or otherwise modify 
an existing operation in Tomales Bay would need to be authorized by 
NOAA.
    The Final EIS for the 2008 JMPR analyzed the effects of prohibiting 
the introduction of introduced species in the sanctuaries, including 
exempting the twelve state leases for commercial mariculture activities 
in Tomales Bay that were active at that time. The FEIS further stated 
that renewals of the state leases that did not increase the types of 
introduced species being cultivated or expand the area under 
cultivation would remain exempt. However, any new lease agreements 
would be subject to the prohibition. Therefore, the changes in this 
amended proposed rule do not change the environmental impact analysis 
as was described in the Final EIS--no increase in the environmental 
impact from introduced shellfish species under cultivation. Requests 
for authorizations from NOAA to modify existing operations would be 
reviewed for environmental impacts on a case-by-case basis. The 
regulations defining the ONMS authorization authority are found at 15 
CFR 922.49.
    NOAA would enter into a MOA with the State of California to define 
the role of various state agencies--CDFW, CFGC, CCC--working in 
collaboration with ONMS to consider whether an introduced species of 
shellfish could be considered non-invasive and possibly allowed to be 
cultivated in the sanctuary via an ONMS authorization of a state lease. 
State agencies would take the lead in determining whether an introduced 
species of shellfish is non-invasive but would consult with NOAA early 
in the process to ultimately reach a joint decision.
    This proposed, limited authorization authority for commercial, 
shellfish mariculture activities occurring in state waters of GFNMS, in 
combination with the MOA with the State of California, would formalize 
the consultation requirements for any new or amended permit decision in 
state waters of GFNMS. This would provide significant protection to 
GFNMS from introduced species of shellfish while minimizing economic 
impacts to local mariculture businesses.
    NOAA's proposed rule as published on March 18, 2013 (78 FR 16622), 
would have exempted all mariculture projects in Tomales Bay, yet would 
have involved extensive consultation between state agencies and NOAA 
through the MOA to address new or expanded projects in Tomales Bay. As 
now proposed here, NOAA authorizations would also include the same 
consultative process, and would impose little to no additional 
permitting delays following State action to approve leases and permits. 
ONMS regulations, along with the MOA, would describe a process for 
administrative appeals of any ONMS permit decision.

IV. Summary of the Revisions to GFNMS Regulations

    This rule would provide GFNMS the ability to consider and authorize 
new or amended existing operations of commercial mariculture activities 
in state waters involving certain introduced species of shellfish that 
are determined to be non-invasive, including in Tomales Bay. Existing 
regulations regarding sanctuary authorization authority at Sec.  922.49 
would be modified to include subpart H for GFNMS-specific regulations. 
NOAA would also modify the exemption at Sec.  922.82 to specify that 
commercial cultivation of introduced species of shellfish in Tomales 
Bay conducted pursuant to state leases in effect on May 1, 2014, would 
remain exempt from the prohibition. In Sec.  922.82, NOAA would also 
add a subparagraph (d) that specifies that GFNMS could authorize the 
introduction of introduced species of shellfish that have been 
determined by the State of California and NOAA to be non-invasive and 
would not cause significant adverse effects on sanctuary resources or 
qualities. NOAA is seeking comment on whether such authority should be 
included in GFNMS regulations should an acceptable project in state 
waters be proposed in the future involving commercial aquaculture of 
introduced shellfish species that are non-invasive.

V. Summary of the Revisions to MBNMS Regulations

    For the same reasons, MBNMS regulations would be modified to allow 
authorization of a valid permit, license or other authorization issued 
by the State of California for commercial shellfish aquaculture 
activities conducted in state waters of MBNMS involving introduced 
species of shellfish that NOAA and the State have determined to be non-
invasive and would not cause significant adverse effects on sanctuary 
resources or qualities. MBNMS regulations already allow State of 
California permits to be authorized for certain activities that are 
otherwise prohibited in the sanctuary. This proposed rule would allow 
the Director to authorize state permits involving the introduction of 
an introduced species as described above. NOAA is specifically seeking 
comment on whether such authority should be included in MBNMS 
regulations if a commercial aquaculture project is proposed in state 
waters of the sanctuary involving introduced shellfish species that are 
non-invasive.

VI. Miscellaneous Rulemaking Requirements

A. National Marine Sanctuaries Act

    Section 301 of the NMSA (16 U.S.C. 1434) provides authority for 
comprehensive and coordinated conservation and management of national 
marine sanctuaries in coordination with other resource management 
authorities. When changing a term of designation of a National Marine 
Sanctuary, section 304 of the NMSA requires the preparation of a draft 
environmental impact statement (DEIS), as provided by the National

[[Page 17075]]

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and that the 
DEIS be made available to the public. NOAA prepared a draft and final 
management plan and a draft and final EIS on the initial proposal and 
final rule for the Joint Management Plan Review (JMPR). Copies are 
available at the address and Web site listed in the Address section of 
this proposed rule. Responses to comments received on March 18, 2013 
proposed rule and on this proposed revision to the regulations will be 
published in the preamble to the final rule and discussed in the record 
of decision. NOAA has made available the 2008 final environmental 
impact statement (FEIS) for the JMPR that was previously available to 
the public and which analyzes the environmental effects of the 
introduced species regulations as they are now proposed in this action.

B. National Environmental Policy Act

    In the 2008 FEIS for the JMPR, NOAA identified a preferred action 
which was to modify the terms of designation and regulations for GFNMS 
and MBNMS to, among other things, prohibit the introduction of 
introduced species (with limited exceptions) throughout the 
sanctuaries, and NOAA endorses that action as re-proposed and as 
amended in this notice of proposed rulemaking. NOAA continues to 
propose regulations that would not affect existing mariculture projects 
in Tomales Bay that are conducted pursuant to a valid lease, permit, 
license or other authorization issued by the State of California as of 
May 1, 2014. Pursuant to a memorandum of agreement that would be 
executed, the state would consult with NOAA prior to any new or amended 
state-issued lease and permits. In addition, through this action NOAA 
would exercise limited authorization authority with respect to 
commercial mariculture activities in state waters of the sanctuary 
involving cultivation of introduced species of shellfish that NOAA and 
the State have determined are non-invasive and would not cause 
significant adverse effects. NOAA believes this is within the range of 
alternatives considered in the FEIS, and because there has not been a 
significant change to the environmental conditions or the potential 
environmental effects of the preferred alternative, NOAA has determined 
that a supplement to the FEIS is not required for this proposed action. 
Finally, any future proposal or amendments to existing state leases for 
a mariculture project involving cultivation of non-invasive introduced 
shellfish species would undergo environmental review pursuant to NEPA 
on a case-by-case basis to consider project-specific effects of that 
action. NOAA may refuse to authorize a project that would not comply 
with terms or conditions required by NOAA. 15 CFR 922.49(a).
    Copies of the FEIS and other related materials that are specific to 
this action are available at http://sanctuaries.noaa.gov/jointplan/feis/feis.html, or by contacting NOAA at the address listed in the 
Addresses section of this proposed rule. Comments regarding the 
introduction of introduced species portion of the original FEIS are 
reopened for comment.

C. Executive Order 12866: Regulatory Impact

    This rule has been determined to be not significant for purposes of 
Executive Order 12866.

D. Executive Order 13132: Federalism Assessment

    NOAA has concluded that this regulatory action falls within the 
definition of ``policies that have federalism implications'' within the 
meaning of Executive Order 13132. NOAA's previous proposed rule and 
subsequent withdrawal were conducted in cooperation with the State of 
California, and pursuant to Section 304(b) of the NMSA. Since the 
proposed rule was issued on March 18, 2013, further consultations have 
occurred with the State of California, and the proposed changes 
contained in this notice reflect cooperative negotiations reached in 
those consultations. It is NOAA's view that, due to these negotiations, 
the state will not object to the amended changes in this action. In 
keeping with the intent of the Executive Order, NOAA consulted with a 
number of entities within the state which participated in development 
of the initial rule, including but not limited to, the California 
Coastal Commission, the California Department of Fish and Wildlife, and 
the California Natural Resources Agency.

E. 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 this rule would not have a significant economic impact 
on a substantial number of small entities. The factual basis for this 
certification was discussed in the proposed rule issued on March 18, 
2013, and while the proposal has changed, the conclusion remains the 
same (78 FR 16622). The Chief Counsel for Regulation of the Department 
of Commerce certified to the Chief Counsel for Advocacy of the Small 
Business Administration that this rule would not have a significant 
economic impact on a substantial number of small entities. The factual 
basis for this certification is as follows:
    Using the SBA's Small Business Size Standards, NOAA determined that 
the small business concerns operating within both of the sanctuaries 
include: Commercial fishermen who vary in number seasonally and 
annually from approximately 300 to 500 boats; twelve mariculture 
leaseholders in Tomales Bay (in GFNMS); approximately 25 recreational 
charter fishing businesses; and approximately seven recreational 
charter businesses engaged in wildlife viewing. The small 
organizations, as defined under 5 U.S.C. 601(4), that would be impacted 
by this rule include approximately three small organizations operating 
within the waters of GFNMS, which include nongovernmental organizations 
(NGOs) or non-profit organizations (NPOs) dedicated to environmental 
education, research, restoration, and conservation concerning marine 
and maritime heritage resources. The small governmental jurisdictions, 
as defined under 5 U.S.C. 601(5), that would be impacted by this rule 
are the Tomales Bay settlements that are directly adjacent to GFNMS.
    The prohibition on releasing or otherwise introducing from within 
or into GFNMS and MBNMS an introduced species is not expected to 
significantly adversely impact small entities because this activity is 
generally not part of their business or operational practices. As NOAA 
analyzed in more detail in 2008, small entities whose operational 
practices may include catch and release of striped bass (Morone 
saxatilis) (i.e., consumptive recreational charter businesses), would 
not be affected because the prohibition would not apply to the catch 
and release of this fish species already present in the sanctuaries. In 
fact, the prohibition against introduced species may result in indirect 
benefits for certain small entities since their activities could 
potentially be negatively impacted by the spread of introduced species, 
which can severely affect populations of endangered species, native 
species diversity, and the composition and resilience of natural 
biological communities. Introduced species pose a major economic and 
environmental threat to the living resources and habitats of a 
sanctuary as well as the commercial and recreational uses that depend 
on these resources. Preventing their introduction will therefore help

[[Page 17076]]

small entities by preventing such detrimental impacts.
    The proposed prohibition will not impact aquaculture leaseholders 
located adjacent to GFNMS. Existing leaseholders operating in Tomales 
Bay are excepted from the introduced species prohibition if they have 
active lease agreements from the State of California for commercial 
cultivation of introduced species of shellfish in Tomales Bay and in 
effect as of May 1, 2014. Under the revisions as described in this 
proposed rule, additional permits could be authorized for the 
introduction of introduced species of shellfish that have been 
determined by the State of California and NOAA to be non-invasive and 
that would not cause significant adverse effects on sanctuary resources 
or qualities. Pursuant to a memorandum of agreement, the State of 
California would consult with NOAA prior to issuing any new leases or 
permits for commercial cultivation of introduced species of shellfish 
in Tomales Bay. This prohibition would not put any current operations 
out of business, because they would not need to change anything about 
their current procedures to continue in their operations, if their 
leases are in effect on May 1, 2014.
    Comments received on the economic impacts of this proposed rule 
will be summarized and responded to in the final rule. As a result of 
this assessment, a regulatory flexibility analysis was not required and 
none was prepared.

F. Paperwork Reduction Act

    This proposed rule does not contain information collections that 
are subject to the requirements of the Paperwork Reduction Act. 
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.

VII. Request for Comments

    NOAA requests comments on this proposed rule, which amends the 
currently pending proposed rule published on March 18, 2013 (78 FR 
16622). NOAA re-opens the docket NOAA-NOS-2012-0113 for comment for 
fifteen (15) days after publication of this notice.

List of Subjects in 15 CFR Part 922

    Administrative practice and procedure, Aquaculture, Catch and 
release, Environmental protection, Fish, Harbors, Introduced species, 
Mariculture, Marine pollution, Marine resources, Natural resources, 
Non-invasive, Penalties, Recreation and recreation areas, Research, 
Water pollution control, Water resources, Wildlife.

    Dated: March 19, 2014.
Holly A. Bamford,
Assistant Administrator, National Ocean Service, National Oceanic and 
Atmospheric Administration.

    Accordingly, for the reasons set forth above, 15 CFR part 922 is 
proposed to be amended as follows:

PART 922--[AMENDED]

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.  922.49, revise the introductory text of paragraph (a), and 
paragraphs (b) and (c) to read as follows:


Sec.  922.49  Notification and review of applications for leases, 
licenses, permits, approvals, or other authorizations to conduct a 
prohibited activity.

    (a) A person may conduct an activity prohibited by: subpart H; 
subparts L through P; or subpart R, if such activity is specifically 
authorized by any valid Federal, State, or local lease, permit, 
license, approval, or other authorization issued after the effective 
date of Sanctuary designation, or in the case of the Florida Keys 
National Marine Sanctuary after the effective date of the regulations 
in subpart P, provided that:
* * * * *
    (b) Any potential applicant for an authorization described in 
paragraph (a) of this section may request the Director to issue a 
finding as to whether the activity for which an application is intended 
to be made is prohibited by subpart H as appropriate, or subparts L 
through P, or subpart R, as appropriate.
    (c) Notification of filings of applications should be sent to the 
Director, Office of National Marine Sanctuaries at the address 
specified in subpart H as appropriate, or subparts L through P, or 
subpart R, as appropriate. A copy of the application must accompany the 
notification.
* * * * *
0
3. In Sec.  922.50, revise paragraph (a)(1) to read as follows:


Sec.  922.50  Appeals of administrative action.

    (a)(1) Except for permit actions taken for enforcement reasons (see 
subpart D of 15 CFR part 904 for applicable procedures), an applicant 
for, or a holder of, a National Marine Sanctuary permit; an applicant 
for, or a holder of, a Special Use permit issued pursuant to section 
310 of the Act; a person requesting certification of an existing lease, 
permit, license or right of subsistence use or access under Sec.  
922.47; or, for those Sanctuaries described in subpart H, subparts L 
through P, and subpart R, an applicant for a lease, permit, license or 
other authorization issued by any Federal, State, or local authority of 
competent jurisdiction (hereinafter appellant) may appeal to the 
Assistant Administrator.
* * * * *
0
3a. In Sec.  922.82, revise paragraph (a)(10) to read as follows:


Sec.  922.82  Prohibited or otherwise regulated activities.

    (a) * * *
    (10) Introducing or otherwise releasing from within or into the 
Sanctuary an introduced species, except:
    (i) Striped bass (Morone saxatilis) released during catch and 
release fishing activity; or
    (ii) Introduced species of shellfish cultivated by commercial 
mariculture activities in Tomales Bay pursuant to a valid lease, 
permit, license or other authorization in effect on May 1, 2014 issued 
by the State of California.
* * * * *
0
4. In Sec.  922.82 add paragraph (d) to read as follows:


Sec.  922.82  Prohibited or otherwise regulated activities.

* * * * *
    (d) The prohibition in paragraph (a)(10) of this section does not 
apply to the introduction of any introduced species of shellfish that 
does not cause significant adverse effects to sanctuary resources or 
qualities and is non-invasive as determined by NOAA and the State of 
California, and is cultivated in state waters as part of commercial 
shellfish mariculture activities conducted pursuant to a valid lease, 
permit, license or other authorization issued by the State of 
California provided that the applicant complies with 15 CFR 922.49, the 
Director notifies the applicant and authorizing agency that he or she 
does not object to issuance of the authorization, and the applicant 
complies with any terms and conditions the Director deems necessary to 
protect Sanctuary resources and qualities. Amendments, renewals, and 
extensions of State leases or permits in existence on May 1, 2014 
require an authorization that must comply with this paragraph.
* * * * *
0
5. Revise paragraph (e) of Sec.  922.132 to read as follows:

[[Page 17077]]

Sec.  922.132  Prohibited or otherwise regulated activities.

* * * * *
    (e) The prohibitions in paragraphs (a)(2) through (a)(8) of this 
section, and (a)(12) of this section regarding any introduced species 
of shellfish that does not cause significant adverse effects to 
sanctuary resources or qualities and is non-invasive as determined by 
NOAA and the State of California, and that is cultivated in state 
waters as part of commercial shellfish aquaculture activities, do not 
apply to any activity authorized by any lease, permit, license, 
approval, or other authorization issued after the effective date of 
Sanctuary designation (January 1, 1993) and issued by any Federal, 
State, or local authority of competent jurisdiction, provided that the 
applicant complies with 15 CFR 922.49, the Director notifies the 
applicant and authorizing agency that he or she does not object to 
issuance of the authorization, and the applicant complies with any 
terms and conditions the Director deems necessary to protect Sanctuary 
resources and qualities. Amendments, renewals, and extensions of 
authorizations in existence on the effective date of designation 
constitute authorizations issued after the effective date of Sanctuary 
designation.

[FR Doc. 2014-06504 Filed 3-26-14; 8:45 am]
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