[Federal Register Volume 68, Number 138 (Friday, July 18, 2003)]
[Notices]
[Page 42690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18345]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


National Marine Sanctuary Program Policy on Permit Applications 
for Artificial Reef Development

AGENCY: National Marine Sanctuary Program (NMSP), National Ocean 
Service (NOS), National Oceanic and Atmospheric Administration (NOAA), 
Commerce.

ACTION: Interim-final policy; Notice of availability; request for 
comments.

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SUMMARY: The National Marine Sanctuary Program (NMSP) has developed a 
policy and permitting guidelines for applications to establish 
artificial reefs within National Marine Sanctuaries. The policy is 
being used on an interim-final basis during the public comment period. 
The NMSP is requesting comments on the interim-final policy and 
permitting guidelines.

DATES: This notice is effective as an interim-final policy as of July 
18, 2003. Comments on the interim-final policy will be accepted until 
September 16, 2003.

ADDRESSES: You can download a copy of the interim-final policy from the 
NMSP's Web site at http://www.sanctuaries.nos.noaa.gov/library/library.html. You may submit comments by sending an e-mail to 
[email protected]. You may also request a copy of the NMSP's 
interim-final policy on artificial reefs and submit written comments on 
the policy by contacting Debra Malek, National Marine Sanctuary 
Program, 1305 East West Highway (N/ORM6), 11th floor, Silver Spring, MD 
20910.

FOR FURTHER INFORMATION CONTACT: Debra Malek at (301) 713-3125.

SUPPLEMENTARY INFORMATION:

Background

    The National Marine Sanctuary Program (NMSP) manages a system of 
thirteen National Marine Sanctuaries (NMSs or Sanctuaries) that protect 
special, nationally significant, areas of the marine environment under 
the authority of the National Marine Sanctuaries Act (NMSA; 16 U.S.C. 
14312 et seq.). Sanctuaries protect a variety of marine areas including 
coral reefs, mangrove forests, and seagrass beds in the Florida Keys 
National Marine Sanctuary; deep-sea canyons, kelp beds, and hardbottom 
habitats in the Monterey Bay National Marine Sanctuary; and historic 
shipwrecks in the Thunder Bay National Marine Sanctuary and Underwater 
Preserve.
    In the last few years the NMSP has experienced an increased number 
of permit applications to establish artificial reefs inside NMS 
boundaries, particularly the Florida Keys National Marine Sanctuary. 
Because NMSP regulations generally prohibit placing structures on the 
seafloor, any individual who wishes to establish an artificial reef 
inside a NMS must first get approval from the NMSP through the onsite 
sanctuary manager.
    To ensure that applications to establish artificial reefs in 
sancturaries are reviewed consistently and in a manner that adheres to 
the NMSA and NMSP regulations (15 CFR part 922), the NMSP has developed 
permitting guidelines specific for such applications. The NMSP's 
intends to apply the guidelines when considering such requests. The 
guidelines build on lessons learned from past experience permitting 
artificial reef development within sanctuaries, and applies knowledge 
from other sources of information. It is intended to guide decision 
makers as they review proposals for artificial reefs in sanctuaries. It 
clarifies how decision making criteria contained in NMSP regulations 
will be applied specifically to permit applications for artificial reef 
development.
    Because the policy and associated permitting guidelines do not 
place any new requirements on permit applicants or the general public, 
the NMSP feels it is appropriate to begin applying the policy and 
guidelines immediately. The NMSP is, however, interested in receiving 
public comments on the policy and the associated permitting guidelines.

Richard W. Spinrad,
Assistant Administrator for Ocean Services and Coastal Zone Management.
[FR Doc. 03-18345 Filed 7-17-03; 8:45 am]
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