[Federal Register Volume 63, Number 164 (Tuesday, August 25, 1998)]
[Proposed Rules]
[Pages 45191-45192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22555]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket No. 980723191-8191-01]
RIN 0648-AL46


National Marine Sanctuary Program Regulations; Olympic Coast 
National Marine Sanctuary Regulations; Definition of the Term Seabird

AGENCY: 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; request for comments.

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SUMMARY: NOAA is proposing to amend the Olympic Coast National Marine 
Sanctuary (OCNMS or Sanctuary) regulations by adding a definition for 
the term seabird. A seabird is proposed to be defined as any member of 
any species of marine birds that spend part of all of their life cycle 
(i.e., feeding, resting, migrating, and/or breeding) in or over the 
Sanctuary. The Sanctuary regulations protect seabirds from takings 
including harassment, and a definition for the term seabird is needed 
to clarify that the Sanctuary regulations protect all avian species of 
the Sanctuary.

DATES: Comments on the proposed rule are invited and will be considered 
if received by September 24, 1998.

ADDRESSES: All comments should be mailed to: George Galasso, Acting 
Manager, Olympic Coast National Marine Sanctuary, 138 West 1st Street, 
Port Angeles, Washington, 98362-2600. All comments received will be 
available for public inspection at the same address or at the National 
Marine Sanctuary Program office at 1305 East-West Highway, SSMC4, 11th 
floor, Silver Spring, Maryland.

FOR FURTHER INFORMATION CONTACT: George Galasso, Acting Manager, 
Olympic Coast National Marine Sanctuary, 138 West 1st Street, Port 
Angeles, Washington, 98362-2600; (360) 457-6622.

SUPPLEMENTARY INFORMATION:

I. Background

    The regulations of the OCNMS include a prohibition on ``[t]aking 
any marine mammal, sea turtle, or seabird in or above the Sanctuary'' 
(Sec. 922.152(5)). The term seabird is not defined in the regulations. 
The Final Environmental Impact Statement (FEIS) for the designation and 
regulations of the OCNMS at pages II-61 through II-65 discusses in 
detail seabirds, shorebirds, waterfowl, and birds of prey as Sanctuary 
resources, all under the heading of ``marine birds.'' Further, the 
regulations for the Sanctuary define ``Sanctuary resource'' expressly 
to include birds. However, the Sanctuary prohibitions refer only to 
``seabirds.'' In order to clarify the regulatory intent that the 
Sanctuary regulations protect all the avain species of the Sanctuary 
identified in the FEIS, the proposed rule would amend the Sanctuary 
regulations to define the term seabird as any member of any species of 
marine birds that spend part or all of their life cycle (i.e., feeding, 
resting, migrating, and/or breeding) in or over the Olympic Coast 
National Marine Sanctuary, including but not limited to alcids, 
tubenoses (e.g., albatrosses and shearwaters) and gulls; shorebirds 
(e.g., plovers and sandpipers), waterfowl (e.g., ducks and geese) and 
birds of prey (e.g., bald eagles and peregrine falcons).

II. Miscellaneous Rulemaking Requirements

Executive Order 12866: Regulatory Impact

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

Regulatory Flexibility Act

    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this regulatory action, if 
adopted as proposed, is not expected to have a significant economic 
impact on a substantial number of small entities as follows:
    The proposed rule would amend the Olympic Coast National Marine 
Sanctuary (OCNMS or Sanctuary)

[[Page 45192]]

regulations to add a definition for the term seabird. The term seabird 
is used in existing Sanctuary prohibitions against takings (e.g., 
harassment), however the term is not defined. The Final Environmental 
Impact Statement (FEIS) for the designation and regulation of the OCNMS 
at pages II-61 through II-65 discusses in detail seabirds, shorebirds, 
waterfowl, and birds of prey as Sanctuary resources, all under the 
heading of ``marine birds.'' Further, the regulations for the Sanctuary 
define ``Sanctuary resource'' expressly to include birds. In order to 
clarify the regulatory intent that the Sanctuary regulations protect 
all the avian species of the Sanctuary identified in the FEIS, the 
proposed rule would amend the Sanctuary regulations to define the term 
seabird as any member of any species of marine birds that spend part or 
all of their life cycle (i.e., feeding, resting, migrating, and/or 
breeding) in or over the Olympic Coast National Marine Sanctuary.
    The definitional change would have no substantive impact on small 
businesses. The proposed rule would merely clarify the scope of an 
existing term, consistent with the FEIS for the Sanctuary, thus 
providing clear notice of the scope of existing Sanctuary prohibitions.
    Accordingly, an Initial Regulatory Flexibility Analysis is not 
required by the Regulatory Flexibility Act and was not prepared.

Paperwork Reduction Act

    This amendment of 15 CFR Part 922 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.

National Environmental Policy Act

    NOAA has concluded that this regulatory action does not constitute 
a major federal action significantly affecting the quality of the human 
environment. Therefore, preparation of an environmental impact 
statement is not required.

List of Subjects in 15 CFR Part 922

    Administrative practice and procedure, Coastal zone, Historic 
preservation, Intergovernmental relations, Marine resources, Penalties, 
Recreation and recreation areas, Reporting and recordkeeping 
requirements, Research, Wildlife.

(Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary 
Program)

    Dated: August 14, 1998.
Evelyn J. Fields,
Acting Deputy Assistant Administrator for Ocean Services and Coastal 
Zone Management.

    Accordingly, for the reasons set forth above, 15 CFR Part 922 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 O--Olympic Coast National Marine Sanctuary

    2. Section 922.151 is amended by adding the definition of Seabird 
in alphabetical order, to read as follows:


Sec. 922.151  Definitions.

* * * * *
    Seabird means any member of any species of marine birds that spend 
part or all of their life cycle (i.e., feeding, resting, migrating, 
and/or breeding) in or over the Olympic Coast National Marine 
Sanctuary, including but not limited to alcids, tubenoses (e.g., 
albatrosses and shearwaters) and gulls; shorebirds (e.g., plovers and 
sandpipers), waterfowl (e.g., ducks and geese) and birds of prey (e.g., 
bald eagles and peregrine falcons).
* * * * *
[FR Doc. 98-22555 Filed 8-24-98; 8:45 am]
BILLING CODE 3510-08-M