[Federal Register Volume 68, Number 65 (Friday, April 4, 2003)]
[Rules and Regulations]
[Pages 16432-16436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8190]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AC89


Virgin Islands Coral Reef National Monument and Buck Island Reef 
National Monument

AGENCY: National Park Service, Interior.

ACTION: Interim rule with request for comments.

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

SUMMARY: This interim rule relates to the prohibition on extractive 
uses contained in Presidential Proclamation No. 7399, which established 
the Virgin Islands Coral Reef National Monument (VICR), and 
Presidential Proclamation No. 7392, which expanded the boundaries of 
the existing Buck Island Reef National Monument (BUIS). This interim 
rule prohibits extractive uses, with some exceptions, and anchoring 
within VICR. For the purposes of protecting the objects identified in 
BUIS, Proclamation No. 7392 supersedes the limited authorization for 
extractive uses that was included in Proclamation 3443 of December 28, 
1961, which created BUIS. Pursuant to Proclamation No. 7392, this 
interim rule prohibits all extractive uses and boat anchoring within 
BUIS except in deep sand areas or in emergencies (all other anchoring 
is subject to permit). This interim rule replaces the BUIS regulations 
stated in 36 CFR 7.73, which allowed for certain types of fishing and 
collecting, operation of watercraft, and anchoring. Proclamation Nos. 
7399 and 7392 require the National Park Service to prepare management 
plans, which are to include guidelines for the management of vessels in 
the monument, within three years for VICR and two years for BUIS.

DATES: This interim rule becomes effective on May 5, 2003. This interim 
rule will remain in effect until final regulations are adopted. Written 
comments on this interim rule are solicited from all interested 
parties, and these comments will be considered in developing the 
General Management Plans (GMP) and final regulations. Final regulations 
will be adopted upon completion of the GMPs and review of all comments.

ADDRESSES: Comments should be addressed to: John H. King, 
Superintendent, Virgin Islands National Park, 1300 Cruz Bay Creek, St. 
John, Virgin Islands 00830. E-mail: [email protected]. Mr. Joel A. 
Tutein, Superintendent, Buck Island Reef National Monument, 2100 Church 
Street, Lot 100, Christiansted, St. Croix, Virgin Islands 
00820-4611. E-mail: [email protected].

FOR FURTHER INFORMATION CONTACT: For Virgin Islands Coral Reef: Contact 
Superintendent's Office, Virgin Islands National Park, between 8 a.m. 
and 5 p.m., Monday-Friday by phone at 340/776-6201 or by Fax at 340/
693-9301. For Buck Island: Contact Superintendent's Office, Buck Island 
Reef National Monument, between 8 a.m. and 5 p.m., Monday-Friday, at 
340/773-1460.

SUPPLEMENTARY INFORMATION:

Background

    On January 17, 2001, President Clinton established Virgin Islands 
Coral Reef National Monument (VICR) and enlarged and modified Buck 
Island Reef National Monument (BUIS). Presidential Proclamation Nos. 
7399 and 7392, respectively.
    In establishing VICR, Proclamation No. 7399 assigns management to 
the Secretary of the Interior through the National Park Service (NPS) 
under its existing authorities, but subject to the overriding purpose 
of protecting the monument's objects of historic or scientific 
interest. The acreage included is the smallest area compatible with the 
proper care and management of the objects to be protected. Proclamation 
No. 7399 contains six major provisions:
    (1) It reserves only lands owned or controlled by the United States 
in the area.
    (2) It is subject to valid existing rights in the federal lands or 
resources within the area, if any, although the exercise of those 
rights could be regulated in order to protect the purposes of the 
monument.
    (3) The area is withdrawn from mineral and geothermal entry, 
location, sale, leasing or other disposition.
    (4) Boat anchoring is prohibited, except for emergency and 
authorized administrative uses.
    (5) All extractive uses are prohibited, except for bait fishing at 
Hurricane Hole and for blue runner (hardnose) line fishing in the area 
south of St. John, both by permit only. The Secretary may issue permits 
only ``to the extent that such fishing is consistent with the 
protection of the objects identified in this proclamation.''
    (6) A management plan, including vessel management planning, is to 
be prepared within three years.
    Proclamation No. 7392, the ``Buck Island Reef National Monument 
Boundary Enlargement'', added approximately 18,135 marine acres to the 
existing Buck Island Reef National Monument. This acreage is the 
smallest area compatible with the proper care and management of the 
objects to be protected. The Proclamation added extensive coral reef 
and fisheries resources not originally within the monument boundaries 
including deep reefs, sea grass beds, shelf edge communities, and 
oceanic habitats. The area also contains significant cultural and 
historic objects including possible shipwrecks from the slave era. The 
Buck Island Proclamation states that:

    For the purposes of protecting the objects identified above, the 
Secretary shall prohibit all boat anchoring, provided that the 
Secretary may permit exceptions for emergency or authorized 
administrative purposes, and may issue permits for anchoring in deep 
sand bottom areas, to the extent that it is consistent with the 
protection of the objects.
    For the purposes of protecting the objects identified above, the 
Secretary shall prohibit all extractive uses. This prohibition 
supersedes the limited authorization for extractive uses included in 
Proclamation 3443 of December 28, 1961.

    The Proclamations give the Secretary limited discretion in what 
activities and uses she may allow. She must prohibit all extractive 
uses, but she may allow very limited fishing in two areas at VICR and 
may permit certain very limited kinds of boat anchoring at BUIS.
    The Proclamations differ from current regulations governing the 
areas. Note that NPS general regulations prohibit all commercial 
fishing in any unit of the National Park System except where 
specifically authorized by federal statutory law. However, NPS 
regulations at 36 CFR 2.3 allow recreational fishing under state law in 
all park units unless otherwise prohibited. The Proclamations and this 
interim regulation are generally more restrictive for both VICR and 
BUIS.
    Commercial and recreational fishing were previously authorized by 
Territorial Government permit within the boundaries of the area that 
now constitutes VICR, with regulations on the taking of some species 
(i.e., area and seasonal closures, size limits, gear restrictions, 
etc.) and prohibitions on the harvest or possession of others. Title 
12, chapter 9A VIRR. The harvest of

[[Page 16433]]

certain pelagic species (e.g., swordfish, shark and tuna), was 
generally regulated by the National Marine Fisheries Service. Mooring 
and anchoring within the boundaries of VICR were previously authorized 
by the Territory pursuant to title 25, chapter 16 VIRR.
    This interim rule prohibits all extractive uses including fishing 
within VICR, except for bait fishing at Hurricane Hole and blue runner 
(hardnose) line fishing in the area south of St. John as permitted by 
the Secretary (and only where consistent with the protection of the 
objects identified in Proclamation No. 7399). The interim rule also 
prohibits dredging, excavations, or filling operations; protects all 
wrecks or abandoned waterborne craft and cargo; regulates boats and 
anchoring to prevent them from causing any damage to any underwater 
features; and requires boats to follow Coast Guard and Territorial 
regulations. Although this regulation does not specifically prohibit 
the use of personal watercraft (PWC) within these units, under the PWC 
regulations located at 36 CFR 3.24, PWC are prohibited from operating 
within these units and have been prohibited since April 2000. The 
interim rule does permit anchoring in emergency situations to protect 
life and property.
    BUIS originally permitted the continuation of ``the existing 
fishing (including the landing of boats and the laying of fishpots 
outside of the marine garden), bathing or recreational privileges by 
inhabitants of the Virgin Islands''. Proclamation No. 3443. The 
regulations for BUIS, codified at 36 CFR 7.73, have prohibited 
dredging, excavations, or filling operations; protected all wrecks or 
abandoned waterborne craft and cargo; regulated boats and anchoring to 
prevent them from causing any damage to any underwater features, 
prevented boats from anchoring or maneuvering near marked swimming 
trails, and required boats to follow Coast Guard and Territorial 
regulations. The previous regulations provided that fishing was 
prohibited except by handheld rod or line or conventional Virgin 
Islands fish pots or traps, or nets for bait fish; use or possession of 
spearfishing equipment was banned; special rules and limits applied to 
Florida spiny lobster, whelk, and conch; and all fishing was prohibited 
in the ``Marine Garden''.
    This interim rule leaves in place the existing regulatory 
provisions regarding dredging, protection of wrecks, and boat 
regulation. It adds a prohibition of all anchoring except as authorized 
by the Superintendent in deep sand bottom areas, in emergencies, or for 
limited administrative purposes. It also adds a prohibition on all 
extractive uses. The interim rule eliminates the previous provisions on 
fishing, and instead prohibits all fishing and bans the use or 
possession of fishing equipment within BUIS.
    Because the Secretary's discretion under the Proclamations is 
limited, and because the Proclamations supersede existing law over the 
areas, it is in the public interest to promulgate these interim 
regulations in order to provide notice to interested and affected 
parties of the designations, prohibitions, and change in management, 
and to carry out the Proclamations' purpose to protect objects of 
historic and scientific interest. The National Park Service finds that 
this interim rule is both necessary and prudent in order to achieve the 
goals stated in the Proclamations and make them effective.

Impairment Finding

    NPS Management Policies 1.4 requires the Superintendent to consider 
the impacts of a proposed action before approving it and determine, in 
writing, that the activity will not lead to an impairment of park 
resources and values.

Fishing Exceptions

    Exceptions to the prohibitions established for VICR include bait 
fishing at Hurricane Hole by permit and for blue runner (hardnose) line 
fishing, also by permit, in the area south of St. John. These 
exceptions are determined to produce no impairment of the objects 
protected by the proclamation.
    The bait fish found in Hurricane Hole are seasonal, migratory 
species using this area for refuge. This is not a reproductive site for 
these species and limited harvest, by permit, will not depopulate this 
resource. This rule establishes limits on harvest to three gallons of 
bait fish per fisherman per day, and require that nets not be used 
within ten feet of the seaward edge of the mangrove prop root system 
(to avoid disturbing the invertebrate communities that live on the prop 
roots).
    The hardnose found south of St. John are a coastal migratory 
pelagic fish. These fish stay primarily near the surface while feeding 
and migrating through the Monument. Harvest, by permit, of this pelagic 
resource will not impair objects protected under the designation. The 
most effective way to fish for hardnose involves anchoring. Since 
anchoring in this area is not allowed, the NPS will be installing 
several moorings for use by fishermen.

Anchoring/Mooring

    Hurricane Hole has long been used by the marine community as a safe 
shelter for vessels during hurricanes. Pursuant to maritime law and 
practice, access to this shelter cannot be denied during an emergency 
situation. The establishment of a hurricane mooring system in these 
bays would resolve conflicts between resource protection and hurricane 
shelter for boats. The installation of a mooring system, after survey 
for submerged cultural resources, would not impair protected objects.
    The Proclamation for BUIS does not have any exceptions to the 
prohibition except that boat anchoring may be permitted for emergency 
or authorized administrative purposes, and the Superintendent ``may 
issue permits for anchoring in deep sand bottom areas, to the extent 
that is consistent with the protection of the objects''. This ensures 
that any such anchoring would not impair protected objects.
    This impairment determination will sunset upon adoption of the 
respective GMPs, which will further evaluate impacts to monument 
resources and values.
    The GMP process will evaluate further the exceptions to the general 
prohibition on extractive uses. The public will have further 
opportunity to comment on extractive uses during the GMP process, 
however, the Secretary's discretion under the Proclamations is limited 
and only a few exceptions can be modified.
    Public Participation: If you wish to comment, you may submit your 
comments by any one of several methods. You may mail comments to: 
Superintendent, Virgin Islands National Park; 1300 Cruz Bay Creek, St. 
John, Virgin Islands 00830, or Superintendent, Buck Island Reef 
National Monument; 2100 Church Street, Lot 100; Christiansted, 
VI 00820. You may also comment via the Internet to: [email protected] or [email protected]. Please also include 
``Attn: RIN 1024-AC89'', your name and return address in your Internet 
message. Finally, you may hand-deliver comments to the Virgin Islands 
National Park Visitor Information Center, Cruz Bay, St. John or to the 
Buck Island Reef National Monument Superintendent's Office at the 
Danish Customs House, Christiansted, St. Croix. Our practice is to make 
comments, including names and home addresses of respondents, available 
for public review during regular business hours. Individual respondents 
may request that we withhold their home address from the

[[Page 16434]]

rulemaking record, which we will honor to the extent allowable by law. 
There also may be circumstances in which we would withhold from the 
rulemaking record a respondent's identity, as allowable by law. If you 
wish us to withhold your name and/or address, you must state this 
prominently at the beginning of your comment and state the reason for 
your request. However, we will not consider anonymous comments. We will 
make all submissions from organizations or businesses, and from 
individuals identifying themselves as representatives or officials of 
organizations or businesses, available for public inspection in their 
entirety. All comments will be considered as part of the GMP process. 
There will be further opportunity for public comment during the GMP 
process. Final regulations will be adopted after the completion of the 
GMP process.
    Drafting Information: The principal authors of this interim rule 
are John H. King, Superintendent, Virgin Islands National Park and Joel 
A. Tutein, Superintendent, Buck Island Reef National Monument.

Compliance With Other Laws

Regulatory Planning and Review (Executive Order 12866)

    This document is a significant rule and has been reviewed by the 
Office of Management and Budget under Executive Order 12866.
    (a) This rule will not have an effect of $100 million or more on 
the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities.
    (b) This rule does not interfere with actions taken or planned by 
another agency. The Territorial Submerged Lands Act of 1974 transferred 
the waters surrounding the Virgin Islands from the Department of the 
Interior to the Government of the Virgin Islands; however, all 
submerged lands adjacent to federal lands from mean high water out to 
three miles remained the property of the Department of the Interior. 
The Proclamations authorize NPS to manage these lands around VICR and 
BUIS for the American people.
    The Proclamation for BUIS complements plans of the Territorial 
government to ban all fishing within the monument waters according to 
the St. Croix Coral Reef System Area of Particular Concern Management 
Plan (1993) (APC Plan) approved by the Government of the Virgin 
Islands, Department of Planning and Natural Resources. The APC Plan 
states, on page 40:

    Move to establish, as part of the territorial marine park 
system, an expanded protected area around the Buck Island Reef 
National Monument to provide increased protection to the coral reef 
and fishery resources of the Monument. It is recommended that all 
forms of fishing be prohibited within the core and expanded area.

    The Territory is willing to work with NPS to establish Memoranda of 
Agreement to specify resource management goals, objectives, standard 
protocol, and agency responsibilities. The Proclamations have declared 
the monument areas as non-extractive, coinciding with Territorial plans 
for the same action. The Territory is also in the process of developing 
a Virgin Islands Marine Park, which will abut both new monuments and 
hopefully provide further protection for the natural resources in the 
area.
    (c) This rule does not alter the budgetary effects of entitlements, 
grants, user fees, or monetary loan programs or the rights or 
obligations of their recipients. The Proclamations establishing VICR 
and enlarging BUIS do not affect current NPS-authorized concession 
operations (concession fees) or other commercial operations (e.g., day 
use excursions) occurring in the monuments. These operations are non-
extractive in nature, provide the public the means to experience these 
unique and delicate marine resources, and allow the public a first-hand 
opportunity to see the benefits of a fully protected coral reef area.
    (d) This rule does not raise novel legal or policy issues. It 
implements two validly issued Presidential Proclamations, which leave 
little discretion as to the purposes for the creation of the monuments 
or uses of the area.

Regulatory Flexibility Act

    The Department of the Interior certifies that this interim rule 
will not have a significant economic impact on a substantial number of 
small entities under the Regulatory Flexibility Act (5 U.S.C. 601, et 
seq.). The economic effects of this rule are local in nature and 
negligible in scope.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    a. Does not have an annual effect on the economy of $100 million or 
more.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    c. Does not have a significant adverse effect on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on State, 
local, or tribal governments or the private sector. The Department has 
determined that this rule meets the applicable standards provided in 
section 3(a) and 3(b)(2) of Executive Order 12988.

Takings (Executive Order 12630)

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. No property acquisition or impacts on 
private property owners are expected due to the administrative nature 
of the rule. The Proclamations identify federal submerged lands 
surrounding Virgin Islands National Park and around the original Buck 
Island Reef National Monument for management by the National Park 
Service. These lands were held in reservation in the Submerged Lands 
Act of 1974 and not transferred to the Territorial government.

Federalism (Executive Order 13132)

    In accordance with Executive Order 13132, the rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment. The NPS is exercising jurisdiction over 
submerged federal lands for which control has never been relinquished.

Civil Justice Reform (Executive Order 12988)

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that this rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.

Paperwork Reduction Act

    This rule does not require an information collection from 10 or 
more parties. It does not require submissions under the Paperwork 
Reduction Act or OMB form 83-I. This rule does not require any outside 
party to submit any information to the Department of the Interior.

[[Page 16435]]

National Environmental Policy Act

    The NPS has determined that this rule will not have a significant 
effect on the quality of the human environment, health and safety 
because it is not expected to:
    (a) Increase human uses that would compromise the nature and 
characteristics of any park area or cause physical damage to any park 
area;
    (b) Introduce incompatible uses that compromise the nature and 
characteristics of any park area or cause physical damage to it;
    (c) Conflict with ownerships adjacent to parks or land uses 
adjacent to parks; or
    (d) Cause a nuisance to owners or occupants of areas adjacent to 
parks.
    Based upon this determination, this rulemaking is categorically 
excluded from the procedural requirements of the National Environmental 
Policy Act (NEPA) by Departmental Guidelines in 516 DM 6 (49 FR 21438). 
As such, neither an Environmental Assessment nor an Environmental 
Impact Statement has been prepared specifically for this rule. The GMPs 
will be accompanied by proper NEPA documentation.

Government-to-Government Relationship With Tribes

    In accordance with Executive Order 13175 ``Consultation and 
Coordination with Indian Tribal Governments'' (65 FR 67249), the 
President's memorandum of April 29, 1994, ``Government-to-Government 
Relations with Native American Tribal Governments'' (59 FR 22951), and 
512 DM 2 we have evaluated potential effects on federally recognized 
Indian tribes and have determined that there are no potential effects.

Administrative Procedures Act

    The Secretary of the Interior has determined under 5 U.S.C. 
553(b)(B) and 318 DM 5.3 that it is not in the public interest to delay 
the effective date of this interim regulation to accommodate notice and 
comment procedures. There are 4 reasons for this decision:
    (a) The Proclamations clearly outline the limits of the Secretary's 
discretion in disallowing extractive uses at the Monuments. This 
regulation simply codifies the prohibitions of extractive uses outlined 
in the Proclamations and public comment will be useful only as to the 
few narrow exceptions allowed under the Proclamations.
    (b) Delaying implementation of the Proclamations may lead to 
confusion about what law applies in the units and could result in harm 
to the objects protected by the Proclamations.
    (c) Immediate action is necessary in order to effectuate the 
purpose for which the Proclamations were issued; that is, protecting 
the objects within the monuments.
    (d) Immediate action is necessary in order to implement the 
exceptions providing for limited, permitted extraction in VICR.

List of Subjects in 36 CFR Part 7

    District of Columbia, National parks, Reporting and recordkeeping 
requirements.

0
For the reasons stated in the preamble, the National Park Service 
amends 36 CFR part 7 as follows:

PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM

0
1. The authority citation for part 7 continues to read as follows:

    Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); sec. 7.96 also 
issued under DC Code 8-137 (1981) and DC Code 40-721 (1981).


0
2. Add Sec.  7.46 to read as follows:


Sec.  7.46  Virgin Islands Coral Reef National Monument.

    (a) Extractive uses. (1) All extractive uses are prohibited within 
the boundaries of the Monument, including, but not limited to, harvest 
or collection of fish, coastal migratory pelagic fish, baitfish, 
lobsters, conch, whelk, corals, sponges and all associated reef 
invertebrates, and sand, water, plants, seeds, fruit, marine mammals, 
marine birds, gas, minerals, and rocks.
    (2) All submerged cultural resources are protected under the 
Archeological Resource Protection Act and the Abandoned Shipwrecks Act.
    (b) Exceptions. (1) Exceptions to prohibited extractive uses are 
limited to bait fishing at Hurricane Hole and blue runner (hardnose) 
line fishing in the area south of St. John. The Superintendent shall 
issue permits for such uses.
    (2) Bait fishing shall be permitted with cast net at a distance 
greater than ten feet from the seaward edge of the mangrove prop root 
system.
    (3) A maximum of three gallons of baitfish is allowed per fisherman 
per day.
    (4) Blue runner shall be caught using hand lines and chum (a 
mixture of ground up baitfish and sand to attract the fish).
    (5) Any fish caught other than blue runner shall be released.
    (6) Vessels involved in the catch of blue runner may use moorings 
designated for that purpose.
    (c) Marine Operations. No dredging, excavating, or filling 
operations of any kind are permitted, and no equipment, structures, by-
product or excavated materials associated with such operations may be 
deposited in or on the waters or ashore within the boundaries of the 
monument.
    (d) Wrecks. No person shall destroy or molest, remove, deface, 
displace or tamper with wrecked or abandoned waterborne craft of any 
type or condition, submerged cultural resources, or any cargo 
pertaining thereto, unless permitted in writing by an authorized 
official of the National Park Service.
    (e) Boats. (1) No watercraft shall operate in such a manner, nor 
shall anchors or any other mooring device be cast or dragged or placed, 
so as to strike or otherwise cause damage to any underwater feature.
    (2) All watercraft, carrying passengers, for hire, shall comply 
with applicable regulations and laws of the U.S. Coast Guard and 
Territory of the Virgin Islands.
    (3) Anchoring will only be permitted in emergency situations to 
protect life and property.
    (4) Anchoring shall only be permitted from 48 hours prior to 
landfall of the hurricane to 48 hours following passage of the 
hurricane.
    (5) No lines or ropes shall be attached to mangroves or other 
shoreline vegetation.

0
3. Amend Sec.  7.73 to add paragraph (a), and revise paragraphs (d) and 
(e) to read as follows:


Sec.  7.73  Buck Island Reef National Monument.

    (a) Extractive uses. All extractive uses are prohibited within the 
boundaries of the Monument, including but not limited to harvest or 
collection (on the land or in the water) of fish for any use, marine 
mammals, coastal migratory pelagic fish, baitfish, lobsters, conch, 
whelk, hermit crabs (soldier crabs), seashells, corals, dead coral, sea 
fans, sponges and all associated reef invertebrates, plants, fruits and 
seeds, firewood, driftwood, rocks, sand, gas, oil, and minerals.
* * * * *
    (d) Boats. (1) No watercraft shall operate in such a manner, nor 
shall anchors or any other mooring device be cast or dragged or placed, 
so as to strike or otherwise cause damage to any underwater features.
    (2) Anchoring or maneuvering watercraft within the waters that 
contain underwater marked swimming trails and interpretive signs is 
prohibited.
    (3) Anchoring is prohibited except by permit issued by the 
Superintendent for

[[Page 16436]]

deep sand bottom areas or for administrative purposes.
    (4) Anchoring will be allowed in emergency situations only to 
protect life and property.
    (5) All watercraft, carrying passengers, for hire, shall comply 
with applicable regulations and laws of the U.S. Coast Guard and 
Territory of the Virgin Islands.
    (e) Fishing. (1) All forms of fishing are prohibited including, but 
not limited to, spearfishing, rod and reel, hand-line, nets, gill or 
trammel, traps or pots, snares, hooks, poison, cast nets, trawl, seine, 
and long-line.
    (2) The use or possession of any type of fishing equipment or any 
of the items listed in paragraph (a) of this section is prohibited 
within the boundaries of the Monument.

    Dated: February 12, 2003.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 03-8190 Filed 4-3-03; 8:45 am]
BILLING CODE 4310-70-P