[Federal Register Volume 66, Number 225 (Wednesday, November 21, 2001)]
[Rules and Regulations]
[Pages 58370-58371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28907]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket No. 010416096-1265-02]
RIN 0648-AP22


Revisions to Anchoring Prohibitions in the Flower Garden Banks 
National Marine Sanctuary

AGENCY: Marine Sanctuaries Division (MSD), Office of Ocean and Coastal 
Resource Management (OCRM), National Ocean Service (NOS), National 
Oceanic and Atmospheric Administration (NOAA), Department of Commerce 
(DOC).

ACTION: Final rule.

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SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) is 
amending the regulations governing the anchoring and mooring of vessels 
in the Flower Garden Banks National Marine Sanctuary (FGBNMS or 
Sanctuary). NOAA is making this change to conform the regulations to 
anchoring prohibitions adopted by the International Maritime 
Organization (IMO), at its December 6, 2000 meeting. NOAA will prohibit 
all anchoring and mooring in the Sanctuary with the exception that 
vessels 100 feet (30.48 meters) and under in length are permitted to 
moor at existing Sanctuary mooring buoys. The intent of this rule is to 
prevent further injuries to corals in the Sanctuary from anchoring.

EFFECTIVE DATE: This rule will take effect on November 21, 2001.

FOR FURTHER INFORMATION CONTACT: G.P. Schmahl (979) 779-2705, or Lisa 
Symons (301) 713-3141, ext. 108.

SUPPLEMENTARY INFORMATION:

I. Background

    The Sanctuary consists of three separate areas of ocean waters over 
and surrounding the East and West Flower Garden Banks and Stetson Bank 
(the Banks), and the submerged lands thereunder including the Banks, in 
the northwestern Gulf of Mexico. The area designated at the East Bank 
is located approximately 120 nautical miles (nmi) south-southwest of 
Cameron, Louisiana, and encompasses 19.20 nmi2. The area designated at 
the West Bank is located approximately 110 nmi southeast of Galveston, 
Texas, and encompasses 22.50 nmi2. The area designated at Stetson Bank 
is located approximately 70 nmi. southeast of Galveston, Texas, and 
encompasses 0.64 nmi2. The three areas encompass a total of 42.34 nmi2 
(145.09 square kilometers). The area is unique among the world's coral 
reefs. The area contains the northernmost coral reefs on the North 
American continental shelf and supports the most highly developed 
offshore hard-bank communities in the region.
    The Sanctuary is home to organisms unknown on the world's other 
continental shelves. These organisms are generally associated with the 
hypersaline, anoxic brine seep having a chemosynthetic energy base 
analogus to that found at deep-sea hydrothermal vents. The reefs in 
Flower Garden Banks crest at approximately 15 meters below the water 
surface and extend downward to 46 meters depth, where the hermatypic 
corals are replaced by reefal communities dominated by coralline algae 
and sponges. This deeper ``algal terrace'' covers most surfaces down to 
a depth of 90 meters. The area has at least 20 species of hermatypic 
(reef building) corals, 80 species of algae, 196 known macro-
invertebrate species, and more than 200 fish species. The reef-building 
corals and coralline algae construct and maintain the substratum and, 
through a multitude of relationships, largely control the structure of 
benthic communities occupying the banks. As the primary building-blocks 
of the entire ecosystem of the Banks, the coral and algae are by far 
the most important organisms in the Flower Garden Banks.
    Observations by Sanctuary staff, researchers and members of the 
diving public indicate that anchoring of large commercial ships, 
particularly internationally flagged vessels, has caused considerable 
damage to the corals and other resources of the Sanctuary despite 
existing domestic regulations prohibiting anchorage of vessels greater 
than 100 feet (30.48 meters). There is clear evidence of anchoring 
damage to Flower Garden Banks from large ships. Scars or tracks of 
pulverized coral have been documented by studies conducted by 
submersibles and divers. The largest scar from anchoring found to date 
extends for approximately 1.7 kilometers and resembles a continuous, 
``roadcut-like'' gouge into the bank. Another crater-like scar measures 
approximately 50 meters in diameter. Scars from the swinging of ships 
on their anchor chains are evident on many corals. There are hundreds 
of coral colonies abraded, fractured or toppled, apparently by the 
dragging of anchors or anchor cables and chains. Loose coral pieces act 
as agents of further injury to the living coral, particularly during 
heavy seas and storms as the pieces are repeatedly driven into and 
around the living coral. The regeneration of the reef

[[Page 58371]]

from anchor damage may never occur. Even if optimal conditions for 
regeneration occur, it would still take hundreds and perhaps thousands 
of years for the reef to return to its pre-damage condition.
    Safety considerations also support establishment of this measure. 
The area is transited by commercial ships, many of which are en route 
to and from the U.S. ports in Texas and Louisiana. The safety of a ship 
can depend on the ability of its anchor to hold. The character of the 
bottom is of prime importance in determining whether an anchor will 
hold. Coral provides an unstable anchoring bottom. The scars and damage 
to the coral in this area evidence that anchors tend to drag along the 
bottom when deployed in coral rather than hold in the coral.
    In July of 2000, the United States delegation to the International 
Maritime Organization (IMO), submitted a proposal to ban anchoring in 
the FGBNMS for vessels greater than 100 feet (30.48 meters). The IMO, 
out of concern for impacts to corals, modified the United States' 
proposal to prohibit all anchoring, but vessels 100 feet (30.48 meters) 
and under would be allowed to moor using existing Sanctuary mooring 
buoys. Implementation of this regulation and the restrictions on 
anchoring adopted by IMO will prevent further injury to the coral and 
reef community. The new international measure will also ensure that no-
anchoring zones are marked on all charts internationally. This rule 
will conform the Sanctuary regulations to the IMO action.
    Recreational and commercial vessels 100 feet (30.48 meters) and 
under in length may continue to use existing mooring buoys. There are 
currently 12 buoys on East and West Flower Garden Banks and 3 buoys on 
Stetson Banks. Additional buoys will be provided within or adjacent to 
the Sanctuary if necessary.
    The Animal Protection Institute was the only party submitting 
written comment on the proposed rule (66 FR 26822, May 15, 2001). The 
Animal Protection Institute stated: ``We hope the proposed rule will 
improve compliance with this restriction by ensuring the Sanctuary is 
marked on all international charts that identify no-anchoring zone . . 
. This proposal is a step toward providing the Flower Garden Banks 
coral reef ecosystems the protection it needs and it reflects the 
values of a majority of Americans who support strong protections for 
our nation's protected wild areas.''

II. Miscellaneous Rulemaking Requirements

National Marine Sanctuaries Act

    Section 301(b) of the National Marine Sanctuaries Act, 16 U.S.C. 
1434, provides authority for comprehensive and coordinated conservation 
and management of these areas in coordination with other resource 
management authorities.

National Environmental Policy Act

    NOAA has concluded that this regulatory action would not have a 
significant effect, individually or cumulatively, on the human 
environment. Further, the action is categorically excluded from the 
requirement to prepare an environmental assessment or environmental 
impact statement in accordance with Section 6.05b.2 of NOAA 
Administrative Order 216-6. Specifically, this action is not likely to 
result in significant impacts as defined in 40 CFR 1508.27.

Executive Order 12866

    This action has been determined to be not significant for the 
purpose of Executive Order 12866.

Regulatory Flexibility Act

    The Chief Counsel for Regulation of the Department of Commerce has 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this rule will not have a significant economic 
impact on a substantial number of small entities. Vessels 100 meters 
and under in length, which are those most likely to belong to small 
entities, will be allowed to moor using Sanctuary mooring buoys. The 
majority of users in this area are divers either on their own vessels 
or vessels operated by dive charter organizations in the area. The dive 
charter operations use the existing Sanctuary moorings and since their 
vessels are less than 100 feet in length, they are not likely to be 
effected by this rule. Most of the vessels subject to this rule are 
foreign flagged vessels that are owned or chartered by large 
corporations. There is no reason to expect that this regulation will 
have a measurable impact on the small business community. Accordingly, 
an initial regulatory flexibility analysis was not prepared. No 
comments on this certification were received.

Paperwork Reduction Act

    This rule does not contain any collection of information 
requirements subject to the Paperwork Reduction Act.

(Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary 
Program)

List of Subjects in 15 CFR Part 922

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

    Dated: November 9, 2001.
Jamison S. Hawkins,
Deputy Assistant Administrator for Ocean Services and Coastal Zone 
Management.

    Accordingly, for the reasons stated above, 50 CFR part 922 is 
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 L--Flower Garden Banks National Marine Sanctuary

    2. Section 922.122 (a)(2) is revised to read as follows:


Sec. 922.122  Prohibited or otherwise regulated activities.

    (a) * * *
    (2)(i) Anchoring any vessel within the Sanctuary.
    (ii) Mooring any vessel within the Sanctuary, except that vessels 
100 feet (30.48 meters) or less in registered length may moor on a 
Sanctuary mooring buoy.
* * * * *
[FR Doc. 01-28907 Filed 11-20-01; 8:45 am]
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