[Federal Register Volume 62, Number 202 (Monday, October 20, 1997)]
[Rules and Regulations]
[Pages 54381-54382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27700]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 922
[Docket No. 971014245-7245-01]
Temporary Rule Prohibiting Anchoring by Vessels 50 Meters or
Greater in Length on Tortugas Bank Within the Florida Keys National
Marine Sanctuary
AGENCY: Sanctuaries and Reserves Division (SRD), Office of Ocean and
Coastal Resource Management (OCRM), National Ocean Service (NOS)
National Oceanic and Atmospheric Administration (NOAA), Department of
Commerce (DOC).
ACTION: Temporary rule.
-----------------------------------------------------------------------
SUMMARY: The National Oceanic and Atmospheric Administration (NOAA)
issues a temporary rule prohibiting anchoring by vessels 50 meters in
length or greater on the Tortugas Bank within the Florida Keys National
Marine Sanctuary (Sanctuary). This temporary rule is necessary to
prevent future injury to, and destruction of, living coral on Tortugas
Bank caused by such anchoring.
EFFECTIVE DATES: This temporary rule is effective from 12:01 am October
17, 1997 until February 12, 1998.
FOR FURTHER INFORMATION CONTACT: Billy D. Causey, Superintendent,
Florida Keys National Marine Sanctuary (FKNMS), Post Office Box 500368,
Marathon, Florida 33050. (305) 743-2437.
SUPPLEMENTARY INFORMATION: In accordance with 15 CFR 922.165 of the
Florida Keys National Marine Sanctuary regulations (62 FR 32154, June
12, 1997) and the Co-Trustees Agreement for Cooperative Management of
the Florida Keys National Marine Sanctuary made between the Governor
and Cabinet of the State of Florida and NOAA dated May 19, 1997, NOAA
has consulted with and received approval from the Governor of the State
of Florida concerning the issuance of this temporary rule.
Section 922.165 provides that, where necessary to prevent or
minimize the destruction of, loss of, or injury to a Sanctuary
resource, any and all activities are subject to immediate temporary
regulation, including prohibition, for up to 120 days. Emergency
regulations cannot take effect in Florida territorial waters until
approved by the Governor of the State of Florida.
Background
This temporary rule is necessitated by the recent discovery of
significant injury to, and destruction of, living coral on Tortugas
Bank, west of the Dry Tortugas National Park, caused by the anchoring
of vessels 50 meters or greater in length, and the need to prevent
future injury.
Current 15 CFR 922.163(a)(5)(ii) prohibits having vessels anchored
in the Sanctuary on living coral other than hardbottom in water depths
less than 40 feet when visibility is such that the seabed can be seen.
However, this regulation does not protect the coral located in the area
covered by this temporary rule because the water there is deeper than
40 feet.
Anchoring of vessels 50 meters or greater in length on Tortugas
Bank has been documented as having caused significant injury to living
coral reef resources. Vessels of such size have anchoring gear of
massive weight and
[[Page 54382]]
size with heavy chains hundreds of feet in length weighing as much as 8
to 10 tons. Vessels smaller than 50 meters in length have not been
documented as having caused injury or loss of living coral on Tortugas
Bank. Their anchoring gear generally is less massive in size and
weight. Therefore, this temporary rule only prohibits anchoring by
vessels of 50 meters or greater in length on the Tortugas Bank. The
location by coordinates of the prohibited anchoring area is set forth
below.
Transit, fishing and all other activities currently allowed in the
area are not affected by this temporary rule. Alternative anchor sites
for vessels 50 meters or greater in length are located within
approximately two nautical miles of the prohibited area. The close
proximity of these alternative anchoring sites should mitigate any
potential economic impact on such vessels since cost of the time and
fuel to maneuver to this area and the additional time and labor in
letting out and pulling in the additional anchor chain should be
minimal.
The location of alternative anchoring sites for vessels greater
than 50 meters in length are provided below.
Location and Boundary of Area Where Anchoring by Vessels 50 Meters or
Greater in Length is Prohibited
The coordinates of the area on the Tortugas Bank, west of the Dry
Tortugas National Park, closed to anchoring by vessels 50 meters or
greater in length are:
(1) 24 deg. 45.75' N 82 deg. 54.40' W
(2) 24 deg. 45.60' N 82 deg. 54.40' W
(3) 24 deg. 39.70' N 83 deg. 00.05' W
(4) 24 deg. 32.00' N 83 deg. 00.05' W
(5) 24 deg. 37.00' N 83 deg. 06.00' W
(6) 24 deg. 40.00' N 83 deg. 06.00' W
Alternative Anchoring Sites
Alternative anchoring locations in the vicinity of the area closed
to anchoring are:
Areas to the west of the Sanctuary boundary in depths greater than
the 20 fathom contour line, indicated on NOAA Nautical Chart Numbers
11434 and 11420. The bottom type in these areas is sand/mud or sand/
shell. This location is approximately 2 nautical miles west of the
living coral reefs that form Tortugas Bank where anchoring damage to
the corals is occurring. Mariners should note the existence of a
submerged shipwreck located at 24 deg. 38' N 83 deg. 08.00' W. This
shipwreck is a landing ship transport which was lost in 1948.
Penalties
Pursuant to 15 CFR 992.45, any violation of the rule is subject to
a maximum civil penalty of $110,000 per violation per day. Furthermore,
the NMSA and regulations authorize a proceeding in rem against any
vessel used in violation of any such regulation.
Classification
Under 5 USC 553(b)(B), the Assistant Administrator for Ocean
Services and Coastal Zone Management, NOAA for good cause finds that
providing prior notice and public procedure thereon with respect to
this rule is contrary to the public interest. This is due to recent
evidence that has come to light that severe damage to coral in the area
has been caused by the chains and anchors of vessels 50 meters or
greater in length. Further damage to the living coral reef will occur
if the prohibition implemented by this rule is delayed to provide prior
notice and opportunity for public comment.
Likewise, under 5 U.S.C. 553(d)(3), the Assistant Administrator for
Ocean Services and Coastal Zone Management, NOAA for good cause finds
that delaying the effective date of this rule for 30 days is contrary
to the public interest. First, if the rule is delayed for 30 days,
significant damage to the living coral resources could result. Further,
30 days is not necessary to give notification to vessels which might
anchor in the area in the future or for any vessel presently anchored
to move to an alternative anchoring site. The U.S. Coast Guard will
give immediate notification to vessels and they then can, in a short
period of time, move and re-anchor in the recommended location.
Notification will be made by the U.S. Coast Guard via notice to
mariners, Sanctuary radio announcements, press releases, press
conferences, and with assistance by the U.S. Coast Guard and Dry
Tortugas National Park staff on the water within the area. This rule is
effective on 12:01 am on the second day after the filing of this rule
at the Office of the Federal Register, to allow adequate time for any
vessels to relocate.
Executive Order 12866
The Office of Management and Budget (OMB) has concurred that this
rule is not significant within the meaning of Section 3(f) of Executive
Order 12866.
Executive Order 12612
NOAA has concluded that this regulatory action does not have
federalism implications sufficient to warrant preparation of a
federalism assessment under Executive Order 12612.
Regulatory Flexibility Act
Because this rule is not required to be issued with prior notice
and opportunity for public comment by 5 U.S.C. 553 or by any other law,
it is not subject to the Regulatory Flexibility Act requirement for
preparation of a regulatory flexibility analysis, and none has been
prepared.
Paperwork Reduction Act
This rule does not impose an information collection requirement
subject to review and approval by OMB under the Paperwork Reduction Act
of 1980, 44 U.S.C. 3500 et seq.
Dated: October 17, 1997.
Nancy Foster,
Assistant Administrator.
[FR Doc. 97-27700 Filed 10-15-97; 12:17 pm]
BILLING CODE 3510-08-M
