[Federal Register Volume 67, Number 229 (Wednesday, November 27, 2002)]
[Notices]
[Pages 70933-70934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30146]


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

DEPARTMENT OF COMMERCE

National Oceanic Atmospheric Administration


Amendments to the Area To Be Avoided Off The Olympic Coast 
National Marine Sanctuary

AGENCY: National Ocean Service (NOS), National Oceanic Atmospheric 
Administration (NOAA), Commerce.

ACTION: Notice.

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

SUMMARY: The National Oceanic Atmospheric Administration (NOAA) is 
notifying the public of its implementation of amendments to the 
existing Area to be Avoided (ATBA) off the Washington Coast to include 
all vessels of 1,600 gross tons and above solely in transit in 
accordance with the International Maritime Organization's (IMO) 
adoption of MSC 75/24, para 6.7.4 on May 29, 2002.

DATES: The effective date of the amended ATBA is December 1, 2002.

FOR FURTHER INFORMATION CONTACT: George Galasso, Assistant Manager, 
Olympic Coast National Marine Sanctuary, phone (360) 457-6622, email: 
[email protected].

SUPPLEMENTARY INFORMATION: An ATBA is defined by the IMO as an area 
that all ships or certain classes of ships should avoid because 
navigation is particularly hazardous or it is exceptionally important 
to avoid casualties within the area. On December 7, 1994, the Maritime 
Safety Committee of the IMO adopted an ATBA proposed by the U.S. 
government off the Olympic Coast National Marine Sanctuary (OCNMS). 
Since implementation in June 1995, the United States has been 
monitoring compliance through the use of Canadian Coast Guard radar 
data from the Tofino Marine Communications and Traffic System. 
Compliance with the ATBA is estimated to be between 90-95%, due to the 
excellent cooperation by the maritime community, vigorous education and 
outreach efforts by the OCNMS staff and the U.S. Coast Guard, and the 
sending of educational letters to those ships found to be in non-
compliance.
    The U.S. Coast Guard has recently conducted a Port Access Route 
Study (PARS) to critically review all aspects of vessel movements in 
the area. The conclusions of the PARS resulted in three vessel routing 
proposals, which were approved by the Sub-Committee on Safety of 
Navigation and forwarded to the Maritime Safety Committee for adoption. 
The three proposals were: (1) A proposal to amend the IMO-adopted ATBA 
``Off the Washington Coast'' to increase its size and extend its 
applicability to commercial ships of 1,600 gross tons and above; (2) A 
proposal for recommended routes in the United States waters of the 
Strait of Juan de Fuca for smaller, slower moving vessels that normally 
do not use the traffic separation scheme; and (3) A proposal amending 
the existing traffic separation schemes (TSSs) ``In the Strait of Juan 
de Fuca and Its Approaches,''

[[Page 70934]]

and ``In Puget Sound and Its Approaches,'' and adding TSSs and other 
routing measures ``In Haro Strait, Boundary Pass, and in the Strait of 
Georgia.'' These proposals were adopted by the IMO's Maritime Safety 
Committee on May 29, 2002. MCS 75/24.
    NOAA's amendment of the existing ATBA off the OCNMS has two 
elements. First, it increases the size of the ATBA to the north and 
west, to take into account the amendment of the TSS. This increased 
size will enhance maritime safety because it provides a greater margin 
of safety around the navigational hazards of Duntze and Duncan Rocks 
and Tatoosh Island.
    Second, NOAA has expanded the class of ships to which the ATBA 
applies to include ships of 1,600 gross tons and above. These ships 
carry substantial amounts of bunker fuel, which, if spilled, would have 
a devastating impact on the unique, valuable, and sensitive resources 
of OCNMS.
    The OCNMS and surrounding waters contain economically important 
fishery resources, including a variety of baitfish, shellfish, and 
salmon. The resources in this area are also critical to the cultural 
activities and subsistence living of Native American Indian tribes. 
Important archeological sites of these peoples are found on the 
shoreline and which could probably be affected by an oil spill from a 
ship.
    In addition, the area has been designated as a UNESCO Biosphere 
Reserve and World Heritage Site and overlaps with the Washington 
Islands National Wildlife Refuge and Olympic National Park. The coastal 
rocks and islands provide important breeding, nesting, and roosting 
areas for marine birds. Marbled murrelets, abundant in this area, are 
listed by the United States as a threatened species and are of special 
concern due to their high vulnerability to oil spills. Bald eagles, 
listed as a threatened species, are also important to the marine 
ecosystem in the region. There are also resident and transient killer 
whale (orca) pods and several dolphin species which frequent the area.
    When viewed in conjunction with the U.S. Coast Guard amendment of 
the TSS, the expansion of the scope of the ATBA is necessary for 
protection of natural resources from maritime casualty and for general 
maritime safety. Moving the northern border of the ATBA to a consistent 
4,000 yards south of the southernmost edge of the TSS will provide an 
improved safety buffer for those smaller, slower moving vessels that 
choose to transit south of the TSS. Continuing this buffer area 
parallel to the TSS to a point at 124[deg] 52.8' W will allow 
sufficient room for this slower moving traffic to transit without 
conflicting with the inbound traffic steering for the southern approach 
to the TSS. It also provides a greater margin of safety around the 
hazards of Duntze and Duncan Rocks, and Tatoosh Island which is known 
for its strong tides.
    NOAA is also applying the ATBA to commercial ships of 1,600 gross 
tons and above because these ships carry a substantial amount of bunker 
fuel. Concerns regarding spills of bunker fuel were heightened on the 
U.S. west coast after the 1999 incident involving the New Carissa which 
spilled approximately 70,000 gallons of bunker fuel. Requiring 
commercial ships of 1,600 gross tons and above to transit outside the 
ATBA would move these ships farther offshore, thus increasing the time 
available to respond to a propulsion or steering casualty and 
decreasing the potential for a drift or powered grounding. If there 
were to be a discharge of bunker fuel, the increased distance offshore 
would diminish the impact on the shoreline and provide more time to 
mobilize a response. NOAA analyzed various ship sizes to which the ATBA 
should be made applicable. Commercial ships of 1,600 gross tons (versus 
those of only 300 gross tons) are considered large enough to be able to 
maneuver safely while avoiding the ATBA, in most weather conditions. 
NOAA has determined there will be minimal adverse impacts on shipping 
by expanding the applicability of the ATBA to commercial ships of 1,600 
gross tons and above. It will not affect those ships bound for the 
Strait of Juan de Fuca from the north or west. Most ships coming from 
destinations well to the south of the ATBA will have to alter their 
course to enter the TSS and thus the expanded applicability of the ATBA 
will have limited, if any, adverse affect.
    The area is bounded by a line connecting the following geographical 
positions:
    Point 1. 48[deg] 23.30' N, 124[deg] 38.20' W.
    Point 2. 48[deg] 24.17' N, 124[deg] 38.20' W.
    Point 3. 48[deg] 26.15' N, 124[deg] 44.65' W.
    Point 4. 48[deg] 26.15' N, 124[deg] 52.80' W.
    Point 5. 48[deg] 24.67' N, 124[deg] 55.71' W.
    Point 6. 48[deg] 51.70' N, 124[deg] 15.50' W.
    Point 7. 48[deg] 07.70' N, 124[deg] 47.50' W.
    Point 8. 48[deg] 07.70' N, 124[deg] 11.00' W.
    The Olympic Coast National Marine Sanctuary Advisory Council and 
North Puget Sound Risk Management Panel have discussed the extension of 
the provisions of the ATBA to vessels not currently included. Both of 
these federal advisory bodies supported the extension of the ATBA 
applicability. The Olympic Coast National Marine Sanctuary has analyzed 
the population of vessels transiting the ATBA for the risk they pose to 
Sanctuary resources. The Sanctuary's analysis and further information 
on NOAA's proposal, including charts and reports, can be viewed at 
http://www.ocnms.nos.noaa.gov/pubdocs/pars.html.

Jamison S. Hawkins,
Acting Assistant Administrator for Ocean Services and Coastal Zone 
Management.
[FR Doc. 02-30146 Filed 11-26-02; 8:45 am]
BILLING CODE 3510-NK-P