[Federal Register Volume 68, Number 126 (Tuesday, July 1, 2003)]
[Rules and Regulations]
[Pages 39005-39006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16615]



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 Rules and Regulations
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  Federal Register / Vol. 68, No. 126 / Tuesday, July 1, 2003 / Rules 
and Regulations  

[[Page 39005]]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket No. 030613151-3151-01]


Florida Keys National Marine Sanctuary: Establishment of 
Temporary No-Entry Zone in the White Bank Dry Rocks Area

AGENCY: National Ocean Service (NOS), National Marine Sanctuary 
Program.

ACTION: Temporary rule.

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SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) 
issues a temporary rule prohibiting all entry into two areas off the 
east side of Key Largo within federal waters of the Florida Keys 
National Marine Sanctuary. The combined areas are approximately 0.50 
square miles in size. This temporary rule is necessary to prevent 
injury to, and destruction of, living coral from stress to diseased 
coral within the close areas, and to protect healthy coral from human-
caused contamination.

DATES: Entry is prohibited effective June 26, 2003 until August 25, 
2003.

FOR FURTHER INFORMATION CONTACT: Billy D. Causey, Superintendent, 
Florida Keys National Marine Sanctuary (FKNMS), Post Office Box 500368, 
Marathon, Florida 33050, (305) 743-2437.

SUPPLEMENTARY INFORMATION: NOAA is by this rule immediately prohibiting 
all entry into two areas off of Key Largo within federal waters of the 
Florida Keys National Marine Sanctuary (FKNMS). This action is taken in 
accordance with 15 CFR 922.165 of the FKNMS regulations (62 FR 32154, 
June 12, 1997). Section 922.165 provides that, where necessary to 
prevent or minimize the destruction of, loss of, or injury to a 
Sanctuary resource, any and all activities are subject to immediate 
temporary regulation, including prohibition, for up to 60 days, with 
one 60-day extension.

Background

    This temporary rule is necessitated by the recent discovery of an 
outbreak of a rapidly-spreading infectious coral disease in parts of 
the Florida Keys that is killing staghorn coral (Acropora cervicornis, 
A. prolifera). Field observations describe disease signs that include 
defined areas of pale/bleached tissue, some areas of clear demarcation 
between live and dead tissue, and rapid tissue loss from colonies of 
staghorn coral.
    This emergency action establishes no-entry zones to quarantine two 
currently infected coral patch areas that are popular with swimmers and 
snorkelers visiting the Sanctuary. It is possible that humans entering 
the waters of the affected areas could inadvertently carry infectious 
agents to healthy coral reef areas. Infected corals are also more 
subject to stress from human activities. This action is intended to 
limit the innocent spread of infectious agents to health coral and to 
reduce stress to corals within the infected areas.
    This temporary rule closes two ares, each approximately 0.25 square 
miles in size, to all entry by humans and vessels except pursuant to a 
valid scientific research permit. The areas are part of White Bank Dry 
Rocks off of Key Largo and are referred to for the purpose of this rule 
as ``White Bank North Patch'' and ``White Bank South Patch''. The 
locations by coordinates of the closed areas are set forth below.This 
rule prohibits all activities that are currently allowed in the areas, 
including transiting and fishing. Vessels greater than 50 meters in 
length are already prohibited from entering the areas by regulations 
establishing Areas to be Avoided (15 CFR 922.164(a)).

Location and Boundary of No-Entry Zones

    Effective immediately, all entry is prohibited within the closed 
areas of White Bank Dry Rocks off of Key Largo. The coordinates of the 
areas are:

White Bank North Patch

(1) 25 degrees 02.718 seconds N 80 degrees 22.261 seconds W;
(2) 25 degrees 02.780 seconds N 80 degrees 22.105 seconds W;
(3) 25 degrees 02.691 seconds N 80 degrees 22.000 seconds W;
(4) 25 degrees 02.567 seconds N 80 degrees 22.157 seconds W.

White Bank South Patch

(1) 25 degrees 02.414 seconds N 80 degrees 22.425 seconds W;
(2) 25 degrees 02.446 seconds N 80 degrees 22.267 seconds W;
(3) 25 degrees 02.314 seconds N 80 degrees 22.408 seconds W.

Penalties

    Pursuant to 15 CFR 992.45, any violation of this rule is subject to 
a maximum civil penalty of $120,000 per violation per day. Furthermore, 
the NMSA and regulations authorize a proceeding in rem against any 
vessel used in violation of any such regulation.

Classification

    Under 5 U.S.C. 553(b)(B), the Assistant Administrator of the 
National Ocean Service, NOAA, for good cause, finds that providing 
prior notice and public procedure thereon with respect to this rule is 
impracticable and contrary to the public interest. Recent evidence has 
come to light of an outbreak of infectious coral disease in areas of 
White Bank Dry Rocks near Key Largo. It is possible that humans 
entering the waters of the affected areas could inadvertently carry 
infectious agents to healthy coral reef areas. Infected corals are also 
more subject to stress from human activities. This action is intended 
to limit the innocent spread of infectious agents to healthy coral and 
to reduce stress to corals within the infected areas. As such, further 
damage to the infected corals as well as to healthy corals outside of 
the close areas would occur if the prohibition implemented by this rule 
is delayed to provide prior notice and opportunity for public comment.
    Likewise, under 5 U.S.C. 553(d)(3), the Assistant Administrator of 
the National Ocean Service, NOAA, finds good cause to waive the 30-day 
delay in effective date for this rule. First, if the rule is delayed 
for 30 days, significant damage to the living coral resources could 
result. Further, 30 days are not necessary to give notification to 
visitors who might use the area in the future to move to other nearby 
sites. The U.S. Coast Guard will giveLocation immediate notification to 
vessels to stay

[[Page 39006]]

out of the no-entry zones. Notification will be made by the U.S. Coast 
Guard via notice to mariners, Sanctuary radio announcements, press 
releases, press conferences, and with assistance by the U.S. Coast 
Guard and Sanctuary staff on the water within the area. This rule is 
effective upon filing at the Office of the Federal Register.

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

    NOAA has concluded that this regulatory action does not have 
federalism implications sufficient to warrant preparation of a 
federalism assessment under Executive Order 12612.

Regulatory Flexibility Act

    Because this rule is not required to be issued with prior notice 
and opportunity for public comment by 5 U.S.C. 553 or by any other law, 
it is not subject to the analytical requirements of the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq. As such, a regulatory flexibility 
analysis is not required, and none has been prepared.

Paperwork Reduction Act

    This rule does 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.

    Dated: June 26, 2003.
Ted I. Lillestolen,
Captain/NOAA, Associate Deputy Assistant Administrator, Ocean Services 
and Coastal Zone Management, National Oceanic and Atmospheric 
Administration.
[FR Doc. 03-16615 Filed 6-26-03; 4:24 am]
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