[Federal Register Volume 63, Number 28 (Wednesday, February 11, 1998)]
[Proposed Rules]
[Pages 6883-6886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3405]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 922
[Docket No. 971014245-8014-02]
[RIN 0645-AK45
Anchoring 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: Proposed rule; environmental assessment.
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SUMMARY: The National Oceanic and Atmospheric Administration is
proposing to amend the regulations for the Florida Keys National Marine
[[Page 6884]]
Sanctuary (FKNMS or Sanctuary) to make permanent the temporary
prohibition on anchoring by vessels 50 meters or greater in registered
length on Tortugas Bank. The preamble to this rule contains an
environmental assessment for this proposed action. The intent of this
proposed rule is to protect the coral reef at Tortugas Bank.
DATES: Comments must be received by March 13, 1998.
ADDRESSES: Comments should be sent to Billy Causey, Superintendent,
Florida Keys National Marine Sanctuary, Post Office Box 500368,
Marathon, Florida, 33050. Comments will be available for public
inspection at the same address.
FOR FURTHER INFORMATION CONTACT:
Bill Causey at (305) 743-2437.
SUPPLEMENTARY INFORMATION:
I. Background
The Sanctuary was designated by an act of Congress entitled the
Florida Keys National Marine Sanctuary and Protection Act (FKNMSPA,
Pub. L. 101-605) which was signed into law on November 16, 1990. The
FKNMSPA directed the Secretary of Commerce to develop a comprehensive
management plan and regulations for the Sanctuary pursuant to sections
303 and 304 of the National Marine Sanctuaries Act (NMSA) (also known
as Title III of the Marine Protection Research and Sanctuaries Act of
1972), as amended, 16 USC 1431 et seq. The NMSA authorizes the
development of management plans and regulations for national marine
sanctuaries to protect their conservation, recreational, ecological
historical, research, educational, or aesthetic qualities.
The authority of the Secretary to designate national marine
sanctuaries and implement designated sanctuaries is delegated to the
Under Secretary of Commerce for Ocean and Atmosphere by the Department
of Commerce, Organization Order 10-15, Sec. 3.01(x) (Jan. 26, 1996).
The authority to administer the other provisions of the NMSA is
delegated to the Assistant Administrator for Ocean Services and Coastal
Zone Management of NOAA by NOAA Circular 83-38, Directive 05-50
(September 21, 1983, as amended). The final Sanctuary regulations
implementing the designation was published in the Federal Register on
June 12, 1997, (62 FR 32154) and were effective July 1, 1997, and
codified at 15 CFR part 922, Subpart P.
In September 1997, NOAA became aware that significant injury to,
and destruction of, living coral on the Tortugas Bank, west of the Dry
Tortugas National Park, was being caused by the anchoring of vessels 50
meters or greater in registered length.
Section 922.165 of the Sanctuary regulations provides that, where
necessary to prevent or minimize the destruction of, loss of, or injury
to a Sanctuary resources, any and all activities are subject to
immediate temporary regulation, including prohibition, for up to 120
days. Emergency regulations cannot take effect until approved by the
Governor of the State of Florida. In accordance with 15 CFR 922.165,
and the Co-Trustees Agreement for Cooperative Management between NOAA
and the State of Florida, in October 1997, NOAA consulted with and
received approval by the Governor of the State of Florida to issue a
temporary rule prohibiting the anchoring by vessels 50 meters or
greater in length on Tortugas Bank west of the Tortugas National Park
within the Sanctuary. The temporary rule (62 FR 54381; October 20,
1997), took effect at 12:01 a.m. October 17, 1997 and will remain in
effect until February 12, 1998.
II. Summary of the Proposed Regulatory Amendment
The proposed rule would make permanent the temporary prohibition on
anchoring by vessels 50 meters or greater in registered length on the
Tortugas Bank west of the Dry Tortugas National Park within the
Sanctuary. Current 15 CFR 922.163(a)(5)(ii) of the final Sanctuary
regulations prohibits vessels from anchoring 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 proposed rule because the water there is deeper than 40 feet.
Anchoring of vessels 50 meters or greater in registered length on
Tortugas Bank has been documented as having caused significant injury
to living coral reef resources. Vessels of such size have anchor gear
(ground tackle) of massive weight and size with heavy chains hundreds
of feet in length weighing as much as 8 to 10 tons. Proper anchoring
requires that a length of chain five to seven times the depth of the
water be lowered, this act of product seamanship allows for safe
anchoring under any sea conditions. In most circumstances, much of this
chain will drop to and remain on the bottom. The weight of the chain
holds the vessel in place. In this area, the heavy chain crushes the
coral and sponges. In addition, as the tide changes or the wind shifts,
vessels often change position and drag their anchor chain over the
seabed, further damaging the reef.
For example, a 180 foot Coast Guard Cutter uses a 2000 pound anchor
and chain sized appropriately to deploy it; whereas a Coast Guard 110
foot Patrol Boat uses an 80 pound anchor and rather than chain, nylon
line is used as ground tackle (anchor gear).
Coast Guard patrol boats regularly in the area around Tortugas Bank
report that they encounter either very large vessels (50 meters or
greater in length), or fishing vessels or pleasure craft generally less
than 35 meters in length.
Vessels smaller than 50 meters in registered length have not been
documented as having caused injury or loss of living coral on Tortugas
Bank. Their anchoring gear is less massive in size, length and weight.
Therefore, this rule would not prohibit anchoring by vessels less than
50 meters in registered length on the Tortugas Bank. The location by
coordinates of the prohibited anchoring area is set forth in the text
of the proposed rule. Vessels greater than 50 meters in registered
length are already prohibited by the FKNMSPA for operating in certain
other areas of the Sanctuary, referred to in that statute and Sanctuary
regulations as Areas to be Avoided (15 CFR 922.164(a)).
Transit, fishing and all other activities currently allowed in the
area would not be affected by this 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 recommended alternative anchoring location in the vicinity of
the area closed to anchoring by vessels 50 meters or greater in
registered length is the area outside the sanctuary boundary located
approximately 2 nautical miles west of the living coral reefs that form
the Tortugas Bank, where the water depth contour is 20 fathoms or
greater as indicted on NOAA Nautical Chart Numbers 11434 and 11420. The
bottom type in this area is sand/mud or sand/shell. 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.
[[Page 6885]]
III. Miscellaneous Rulemaking Requirements
National Environmental Policy Act
NOAA has prepared an environmental assessment (EA), pursuant to the
National Marine Environmental Policy Act of 1969, 42 U.S.C. 4321 et
seq., for the Florida Keys National Sanctuary on this proposed rule.
The text of the EA follows.
Environmental Assessment
I. Description of the Affected Environment
The Dry Tortugas Banks are located at the westernmost extent of the
Florida Keys. These banks are separated from the remainder of the Keys
by a 24 meter deep channel. The Banks have a rim of Holocene coral reef
development surrounding an inner basin containing several sandy islands
including Loggerhead Key, Garden Key, Bush Key, and Hospital Key. A
little-known deep-water coral reef, informally named Sherwood Forest,
is found at Tortugas Bank. The seabed includes corals, sponges, and
other delicate coral reef organisms.
Human uses of the affected environment includes snorkeling and
diving, shrimping, day tours on charter boats, and pleasure boating on
private boats. All of these vessels are less than 50 meters in
registered length and none have been documented as causing damage to
the reef by anchoring.
II. Need for the Proposed Rule
The region within the Sanctuary known as Tortugas Bank has
traditionally been an anchoring area for large, foreign flag vessels
holding up and waiting order to enter a port within the region.
However, personnel from the adjacent Dry Tortugas National Park
have noticed that in the past six months, vessels have begun to anchor
on the Bank itself.
On August 30, Florida Keys National Marine Sanctuary staff received
a video from a recreational diver charter captain documenting anchoring
damage caused by a large, foreign-flagged vessel anchored within state
waters on the Tortugas Bank, within the Sanctuary.
Shortly thereafter, Sanctuary biologists visited the reported
anchoring site to conduct a biological assessment of the injury to the
living coral reef. When they arrived on Tortugas Bank, there were four
foreign ships ranging from over 400 to 800 feet in length anchored on
the 60' deep coral reef bank. Although staff was unable to locate the
original site which was reported in the video, they were able to assess
and photo-document the reef damage caused by the four vessels.
Staff noted significant damage to corals, sponges, and other
delicate coral reef organisms. Wide swaths of barren seabed and
overturned coral heads were evidence of the ongoing disruption to the
coral reef community caused by the ships' anchors and anchor chains.
The proposed rule would make permanent the temporary prohibition on
anchoring by vessels 50 meters or greater in registered length in an
area approximately 39.53 square nautical miles. Transit, fishing and
all other activities currently allowed in the area would not be
affected by this rule.
NOAA has identified and recommended alternative anchor sites within
approximately two nautical miles of the prohibited area. Vessels
greater than 50 meters in registered length are already prohibited by
the FKNMSPA from operating in certain other areas of the Sanctuary,
referred to in that statute and Sanctuary regulations as Areas to be
Avoided (15 CFR 922.164(a)).
III. Alternatives, Including the Proposed Action and Their
Environmental Impacts
No Action
One alternative is to take no action, thus maintaining the status
quo. This alternative is not acceptable because the coral reef located
at Tortugas Bank would continue to be injured or destroyed by the
anchoring of vessels 50 meters or greater in length.
Prohibit Anchoring by Vessels 50 Meters or Greater in Registered Length
on Tortugas Bank Within the Florida Keys National Marine Sanctuary
The preferred alternative is to make permanent the temporary
prohibition on anchoring by vessels 50 meters or greater in registered
length on Tortugas Bank within the Florida Keys National Marine
Sanctuary. This alternative would protect the coral reef at Tortugas
Bank while not unduly restricting the passage and anchoring of vessels
which have not been documented as having caused harm in the area.
Prohibit Anchoring by All Vessels on Tortugas Bank Within the Florida
Keys National Marine Sanctuary
This alternative, to prohibit anchoring by all vessels on Tortugas
Bank within the Florida Keys National Marine Sanctuary would unduly
restrict the vessels which have not been documented as having caused
harm in the area. Vessels smaller than 50 meters in registered length
have not been documented as having caused injury or loss of living
coral on Tortugas Bank. Their anchoring gear is less massive in size,
length and weight than that of vessels of 50 meters or greater in
registered length.
Current uses of the Tortugas Bank, west of the Dry Tortugas
National Park, include snorkeling and diving, shrimping, day tours on
charter boats, and pleasure boating on private boats. All of these
vessels are less than 50 meters in registered length and none have been
documented as causing damage to the reef by anchoring. To prohibit
anchoring by these vessels on the Tortugas Bank, west of the Dry
Tortugas National Park, would likely be an unreasonable economic burden
on small businesses and an unnecessary impact on the public relative to
the apparently minimal environmental benefit of such a restriction.
Extend the Area to be Avoided to Include Tortugas Bank West of the Dry
Tortugas National Park
Extending the existing statutory Area To Be Avoided to include
Tortugas Bank west of the Dry Tortugas National Park is an alternative
that was considered and rejected. This alternative would eliminate the
safe passage and transit through the area by all vessels greater than
50 meters registered length. The passage of vessels through this area
has not been determined to be detrimental to the environment. Vessels
50 meters or greater in registered length frequently pass through this
area enroute to major Gulf Coast ports, including Galveston and
Houston, Texas; Mobile, Alabama; New Orleans, Louisiana; Tampa, Florida
and the ships transit this area enroute to the Panama Canal. The overly
broad restriction that would be caused if this alternative was accepted
would cause a great economic burden to the shipping industry, and
therefore was not selected as the preferred alternative.
IV. List of Agencies and Persons Consulted
In an effort to inform all affected parties of the temporary rule,
NOAA sent electronic mail messages to major international shipping
companies, and notified the U.S. Coast Guard which resulted in a Notice
to Mariners. NOAA issued a press release which was reported by the
media throughout the area. Sanctuary staff notified all international
underwriters for the relevant shipping companies to apprise them of the
temporary rule and soliciting their help in notifying their shipping
clients. Additionally, Sanctuary staff contacted all the Pilots'
[[Page 6886]]
Associations around the Gulf Coast and solicited their help in
spreading the word to the shipping companies about the rule. In
addition, NOAA consulted with, and received approval from, the State of
Florida. NOAA will continue to consult, as appropriate, with all
relevant parties during the pendency of this rule.
End of Environmental Assessment
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: Federalism Assessment
NOAA has concluded that this regulatory action does not have
sufficient federalism implications sufficient to warrant preparation of
a federalism assessment under Executive Order 12612.
Regulatory Flexibility Act
This regulatory action if adopted as proposed is not expected to
have a significant economic impact on a substantial number of small
entities within the meaning of the Regulatory Flexibility Act, and the
Assistant General Counsel for Legislation and Regulation of the
Department of Commerce has so certified to the Chief Counsel for
Advocacy of the Small Business Administration.
This proposed rule would make permanent the temporary prohibition
on anchoring by vessels 50 meters or greater in registered length in a
relatively small, sensitive area. Alternative anchoring sites for
vessels subject to this regulation are within close proximity, which
should mitigate any potential economic impact on such vessels since the
cost of the time and fuel to maneuver to this area and the additional
time and labor in letting out and pulling in the anchor chain should be
minimal. Vessels smaller than 50 meters in registered length have not
been documented as having caused injury or loss of living coral on
Tortugas Bank and, therefore, would not be subject to this rule's
prohibition. Accordingly, an initial Regulatory Flexibility Analysis
was not prepared.
Paperwork Reduction Act
This proposed rule would 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.
List of Subjects in 15 CFR Part 922
Administrative practice and procedure, Coastal zone, Education,
Environmental protection, Marine resources, Natural resources,
Penalties, Recreation and recreation areas, Reporting and recordkeeping
requirements, Research.
(Federal Domestic Assistance Catalog Number 11.429, Marine Sanctuary
Program)
Dated: February 5, 1998.
Captain Evelyn J. Fields,
Deputy Assistant Administrator for Ocean Services and Coastal Zone
Management.
Accordingly, for the reasons set forth above, 15 CFR Part 922,
Subpart P is proposed to be amended as follows:
PART 922--[AMENDED]
1. The authority citation for Part 922 continues to read as
follows:
Authority: 16 U.S.C. 1431 et seq.
Subpart P--Florida Keys National Marine Sanctuary
1. Section 922.164 is amended by adding the following paragraph (g)
as follows:
Sec. 922.164 Additional activity regulations by Sanctuary area.
* * * * *
(g) Anchoring on Tortugas Bank. Vessels 50 meters or greater in
registered length are prohibited from anchoring on the Tortugas Bank.
The coordinates of the area on the Tortugas Bank, west of the Dry
Tortugas National Part, closed to anchoring by vessels 50 meters or
greater in registered 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
[FR Doc. 98-3405 Filed 2-10-98; 8:45 am]
BILLING CODE 3510-08-M