[Federal Register Volume 70, Number 51 (Thursday, March 17, 2005)]
[Proposed Rules]
[Pages 12988-13001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4734]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AD21


Gulf Islands National Seashore, Personal Watercraft Use

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The National Park Service (NPS) is proposing to designate 
areas where personal watercraft (PWC) may be used in Gulf Islands 
National Seashore, Florida and Mississippi. This proposed rule 
implements the provisions of the NPS general regulations authorizing 
park areas to allow the use of PWC by promulgating a special 
regulation. The NPS Management Policies 2001 directs individual parks 
to determine whether PWC use is appropriate for a specific park area 
based on an evaluation of that area's enabling legislation, resources 
and values, other visitor uses, and overall management objectives.

DATES: Comments must be received by May 16, 2005.

ADDRESSES: Comments on the proposed rule should be sent to the 
Superintendent, Gulf Islands National Seashore, 1801 Gulf Breeze 
Parkway, Gulf Breeze, FL 32563. Comments may also be sent by e-mail to 
[email protected]. If you comment by e-mail, please include ``PWC rule'' 
in the subject line and your name and return address in the body of 
your Internet message. Also, you may hand deliver comments to Gulf 
Islands National Seashore, 1801 Gulf Breeze Parkway, Gulf Breeze, FL 
32563. For additional information see ``Public Participation'' under 
SUPPLEMENTARY INFORMATION below.

FOR FURTHER INFORMATION CONTACT: Jerry Case, Regulations Program 
Manager, National Park Service, 1849 C Street, NW., Room 7241, 
Washington, DC 20240. Phone: (202) 208-4206. E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

Additional Alternatives

    The information contained in this proposed rule supports 
implementation of portions of the preferred alternative in the 
Environmental Assessment published March 2004. The public should be 
aware that two other alternatives were presented in the EA, including a 
no-PWC alternative, and those alternatives should also be reviewed and 
considered when making comments on this proposed rule.

Personal Watercraft Regulation

    On March 21, 2000, the National Park Service published a regulation 
(36 CFR 3.24) on the management of personal watercraft (PWC) use within 
all units of the national park system (65 FR 15077). This regulation 
prohibits PWC use in all national park units unless the NPS determines 
that this type of water-based recreational activity is appropriate for 
the specific park unit based on the legislation establishing that park, 
the park's resources and values, other visitor uses of the area, and 
overall management objectives. The regulation banned PWC use in all 
park units effective April 20, 2000, except for 21 parks, lakeshores, 
seashores, and recreation areas. The regulation established a 2-year 
grace period following the final rule publication to provide these 21 
park units time to consider whether PWC use should be permitted to 
continue.

Description of Gulf Islands National Seashore

    Gulf Islands National Seashore is located in the northeastern 
portion of the Gulf of Mexico and includes a widely spaced chain of 
barrier islands extending nearly 160 miles from the eastern end of 
Santa Rosa Island in Florida to Cat Island in Mississippi. Other 
islands in the national seashore include Horn, Petit Bois, and East 
Ship and West Ship islands in Mississippi and a section of Perdido Key 
in Florida. Gulf Islands National Seashore also includes mainland 
tracts at Pensacola Forts and Naval Live Oaks Reservation near 
Pensacola, Florida, and Davis Bayou, adjacent to Ocean Springs, 
Mississippi. The national seashore contains 139,775.46 acres within the 
authorized boundary, excluding Cat Island (only a portion has been 
acquired as of this date). Of this total acreage, 19,445.46 acres are 
fastlands (above water) and 119,730 acres are submerged lands.
    Gulf Islands National Seashore contains snowy-white beaches, 
sparkling blue waters, fertile coastal marshes, and dense maritime 
forests. Visitors can explore 19th century forts, enjoy shaded picnic 
areas, hike on winding nature trails, and camp in comfortable 
campgrounds. In addition, Horn and Petit Bois islands located in 
Mississippi are federally designated wilderness areas. Nature, history, 
and recreational opportunities abound in this national treasure. All 
areas of Gulf Islands National Seashore in the Florida

[[Page 12989]]

District and the Davis Bayou area in the Mississippi District are 
reachable from Interstate 10. The Mississippi District barrier islands 
are only accessible by boat.

Purpose of Gulf Islands National Seashore

    Gulf Islands National Seashore, Florida and Mississippi, was 
authorized by Act of Congress, Public Law 91-660, January 8, 1971, to 
provide for recognition of certain historic values such as coastal 
fortifications and other purposes such as the preservation and 
enjoyment of undeveloped barrier islands and beaches.
    Gulf Islands National Seashore conserves certain outstanding 
natural, cultural and recreational resources along the Northern Gulf 
Coast of Florida and Mississippi. These include several coastal defense 
forts spanning more than two centuries of military activity, historic 
and prehistoric archaeological sites, and pristine examples of intact 
Mississippi coastal barrier islands, salt marshes, bayous, submerged 
grass beds, complex terrestrial communities, emerald green water, and 
white sand beaches.
    Gulf Islands National Seashore was established for the following 
purposes:
     Preserve for public use and enjoyment certain areas 
possessing outstanding natural, historic, and recreational values.
     Conserve and manage the wildlife and natural resources.
     Preserve as wilderness any area within the national 
seashore found to be suitable and so designated in accordance with the 
provisions of the Wilderness Act (78 Stat. 890).
     Recognize, preserve, and interpret the national historic 
significance of Fort Barrancas Water Battery (Battery San Antonio), 
Fort Barrancas; Advanced Redoubt of Fort Barrancas at Pensacola Naval 
Station; Fort Pickens on Santa Rosa Island, Florida; Fort McRee site, 
Perdido Key, Florida; and Fort Massachusetts on West Ship Island, 
Mississippi, in accordance with the Act of August 21, 1935 (49 Stat. 
666). That act states: ``it is a National policy to preserve for public 
use historic sites, buildings, and objects of National significance for 
inspiration and benefits of the people of the United States.''

Significance of Gulf Islands National Seashore

    Gulf Islands National Seashore is significant for the following 
reasons:
     Nationally significant historical coastal defense forts 
representing a continuum of development.
     Several mostly undisturbed, natural areas in close 
proximity to major population centers.
     Areas of natural significant high quality beaches, dunes, 
and water resources.
     Endangered species occur in several areas.
     Contains regionally important prehistoric archaeological 
sites.
     Provides outstanding controlled areas conducive to the 
successful reintroduction of native threatened and endangered species.
     Provides habitat for early life stages of many coastal and 
marine flora and fauna of commercial and recreational importance.
     Provides a benchmark to compare environmental conditions 
in developed areas of the Gulf Coast.

Authority and Jurisdiction

    Under the National Park Service's Organic Act of 1916 (Organic Act) 
(16 U.S.C. 1 et seq.) Congress granted the NPS broad authority to 
regulate the use of the Federal areas known as national parks. In 
addition, the Organic Act (16 U.S.C. 3) allows the NPS, through the 
Secretary of the Interior, to ``make and publish such rules and 
regulations as he may deem necessary or proper for the use and 
management of the parks * * * ''
    16 U.S.C. 1a-1 states, ``The authorization of activities shall be 
conducted in light of the high public value and integrity of the 
National Park System and shall not be exercised in derogation of the 
values and purposes for which these various areas have been established 
* * *''
    As with the United States Coast Guard, NPS' regulatory authority 
over waters subject to the jurisdiction of the United States, including 
navigable waters and areas within their ordinary reach, is based upon 
the Property and Commerce Clauses of the U.S. Constitution. In regard 
to the NPS, Congress in 1976 directed the NPS to ``promulgate and 
enforce regulations concerning boating and other activities on or 
relating to waters within areas of the National Park System, including 
waters subject to the jurisdiction of the United States * * *'' (16 
U.S.C. 1a-2(h)). In 1996 the NPS published a final rule (61 FR 35136; 
July 5, 1996) amending 36 CFR 1.2(a)(3) to clarify its authority to 
regulate activities within the National Park System boundaries 
occurring on waters subject to the jurisdiction of the United States.

PWC Use at Gulf Islands National Seashore

    Personal watercraft use emerged at Gulf Islands National Seashore 
in the 1980s. Although PWC use was a small percentage of total boat use 
within the national seashore, park staff believes that use had 
increased over the five years prior to the closure. If reinstated, PWC 
use at the national seashore is not expected to decrease. In fact, an 
increase in usage would be expected as more residents purchase personal 
watercraft and tourism continues to grow.
    Prior to the closure to personal watercraft in April 2002, personal 
watercraft were recognized as a Class A motorboat and were treated as 
any other such vessel. All regulations that apply to any registered 
vessel operating in waters of Florida and Mississippi that are 
regulated by the NPS applied to personal watercraft.
    Personal watercraft were permitted throughout the national 
seashore, except as follows: no motorized vessels are permitted above 
the mean high tide line on the designated wilderness islands of Horn 
and Petit Bois; the lakes, ponds, lagoons and inlets of East Ship 
Island, West Ship Island, Horn Island, Petit Bois Island, and Cat 
Island (lands under NPS management) are closed to the use of motorized 
vessels; the lagoons of Perdido Key within Big Lagoon are closed to all 
combustion engines; and the areas 200 feet from the remnants of the old 
fishing pier and 200 feet from the new fishing pier at Fort Pickens are 
closed to all boating operations. There are also seasonal closures to 
watercraft to protect nesting shorebirds and other sensitive wildlife 
and relict dunes.
    Perdido Key in Florida and East Ship and West Ship islands in 
Mississippi have the most concentrated boating use within the national 
seashore. Many area residents in both States have boat docks and own 
boats or personal watercraft, and visit the national seashore.
    Florida District. In Florida, the park is situated between the Gulf 
of Mexico and the Pensacola Bay system. Although the Gulf offers almost 
unlimited area for personal watercraft use, most operation occurs 
within the bay. In 2000, personal watercraft comprised 12.5% of all 
registered vessels statewide. In the Florida District of the park, it 
is estimated that personal watercraft comprised 0.5% of recreational 
boating. Personal watercraft traversed along the north shoreline of 
Santa Rosa Island while very few traversed the south, or Gulf, 
shoreline. In general, PWC usage within the Florida District of the 
park was concentrated in the Perdido Key area. During the summer 
months, most

[[Page 12990]]

areas of PWC use consisted of 6 or 7 personal watercraft per month, 
while on a peak-use day PWC activity in the Perdido Key area might have 
comprised 25 personal watercraft. The reason for the higher use in the 
Perdido Key area is the sheltered nature of the area and the proximity 
to residences with launching facilities.
    Mississippi District. The Mississippi portion of the park separates 
the Gulf of Mexico from the Mississippi Sound. Personal watercraft 
account for 6% of the registered boats in Mississippi, and it is 
estimated that they comprised approximately 4% of recreational boating 
in the Mississippi District of the park. The islands are situated 
between 6 to 14 miles from the mainland, weather conditions can change 
quickly, and large ships use the intracoastal waterway shipping 
channels. These factors combined to limit PWC use in the Mississippi 
District as transportation to the islands, and use of Gulfside waters 
was almost nonexistent except immediately adjacent to the islands. 
Observations of PWC use indicate that they were mainly used for 
recreational riding and not for transportation. Most personal 
watercraft used in the Mississippi District of the park were towed by 
larger boats from the Pascagoula/Biloxi/Gulfport, Mississippi, area. 
The primary use season reflects overall visitation patterns, with use 
decreasing during the winter months.
    PWC use areas are similar to general motorboat use areas. Personal 
watercraft were concentrated mostly on the east and west tips of the 
islands, around the West Ship Island Pier, and the entire north side of 
Spoil Island.

Resource Protection and Public Use Issues

Gulf Islands National Seashore Environmental Assessment

    As a companion document to this proposed rule, NPS has issued the 
Gulf Islands National Seashore, Personal Watercraft Use Environmental 
Assessment. The Environmental Assessment (EA) was open for public 
review and comment from April 19, 2004 to May 18, 2004. Copies of the 
environmental assessment may be downloaded at http://www.nps.gov/guis/pphtml/documents.html or obtained at park headquarters Monday through 
Friday, 8 a.m. to 4:30 p.m. Mail inquiries should be directed to park 
headquarters: Gulf Islands National Seashore, 1801 Gulf Breeze Parkway, 
Gulf Breeze, FL 32563.
    The purpose of the environmental assessment was to evaluate a range 
of alternatives and strategies for the management of PWC use at Gulf 
Islands to ensure the protection of park resources and values while 
offering recreational opportunities as provided for in the National 
Seashore's enabling legislation, purpose, mission, and goals. The 
analysis assumed alternatives would be implemented beginning in 2002 
and considered a 10-year period, from 2002 to 2012.
    The environmental assessment evaluates three alternatives 
concerning the use of personal watercraft at Gulf Islands:
     The no-action alternative would continue the prohibition 
of PWC use in Gulf Islands National Seashore. No special rule would be 
promulgated.
     Alternative A would reinstate PWC use under a special NPS 
regulation as previously managed.
     Alternative B would reinstate PWC use under a special NPS 
regulation with additional management prescriptions.
    Based on the environmental analysis prepared for PWC use at Gulf 
Islands, alternative B is considered the environmentally preferred 
alternative because it would best fulfill park responsibilities as 
trustee of this sensitive habitat; ensure safe and healthy, productive, 
and aesthetically and culturally pleasing surroundings; and attain a 
wider range of beneficial uses of the environment without degradation, 
risk to health or safety, or other undesirable and unintended 
consequences.
    This document proposes regulations to implement alternative B at 
Gulf Islands National Seashore.
    The NPS will consider the comments received on this proposal, as 
well as the comments received on the Environmental Assessment when 
making a final determination. In the final rule, the NPS will implement 
alternative B as proposed, or choose a different alternative or 
combination of alternatives. Therefore, the public should review and 
consider the other alternatives contained in the Environmental 
Assessment when making comments on this proposed rule.
    The following summarizes the predominant resource protection and 
public use issues associated with PWC use at Gulf Islands National 
Seashore. Each of these issues is analyzed in the Gulf Islands National 
Seashore, Personal Watercraft Use Environmental Assessment.

Water Quality

    Most research on the effects of personal watercraft on water 
quality focuses on the impacts of two-stroke engines, and it is assumed 
that any impacts caused by these engines also apply to two-stroke 
engines in personal watercraft. Two-stroke engines (and some personal 
watercraft) discharge a gas-oil mixture into the water. Fuel used in 
many PWC and motorboat engines contains many hydrocarbons, including 
benzene, toluene, ethylbenzene, and xylene (collectively referred to as 
BTEX). Polycyclic aromatic hydrocarbons (PAHs) also are released from 
boat engines, including those in personal watercraft. These compounds 
are not found appreciably in the unburned fuel mixture, but rather are 
products of combustion. Discharges of all these compounds--BTEX and 
PAHs--have potential adverse effects on aquatic life and human health 
if present at high enough concentrations. A common gasoline additive, 
methyl tertiary butyl ether (MTBE) also is released with the unburned 
portion of the gasoline. In 2001, premium grade fuel (octane of 90 and 
higher) in Florida had MTBE concentrations ranging from 0% to 10.8% of 
the fuel mixture, with an average of 3.5%; no data was available for 
Mississippi. For this assessment, it was assumed that the concentration 
of MTBE in fuel used by all vessels in the Florida and Mississippi 
districts is 3.5%. There are no plans to ban the use of MTBE in fuels 
in Florida or Mississippi. The PWC industry suggests that although some 
unburned fuel does enter the water, the fuel's gaseous state allows it 
to evaporate readily.
    A typical conventional (i.e., carbureted) two-stroke PWC engine 
discharges as much as 30% of the unburned fuel mixture into the 
exhaust. At common fuel consumption rates, an average two-hour ride on 
a personal watercraft may discharge 3 gallons (11.34 liters) of fuel 
into the water. According to data from Personal Watercraft Illustrated 
and the Environmental Protection Agency, an average 2000 model-year 
personal watercraft can discharge between 3.8 and 4.5 gallons of fuel 
during one hour at full throttle. (As described in appendix A of the 
Environmental Assessment, an estimated discharge rate of 3 gallons per 
hour is used in the water quality impact calculations.)
    Florida District. Under the proposed regulation, based on 
alternative B in the Environmental Assessment, PWC use would be 
reinstated in all waters within the Florida District as previously 
managed under the Superintendent's Compendium, and all State regulatory 
requirements would apply. In addition, a PWC flat wake zone would be 
established a minimum of 300 yards from all park shorelines. PWC flat 
wake

[[Page 12991]]

speed engine emissions were assumed to be negligible; therefore it was 
assumed that the same number of PWC-hours of full-throttle use under 
alternative A in the three areas would occur, but only beyond 300 yards 
of park shorelines. This effectively reduces the available water volume 
for diluting PWC engine emissions.
    The results of the water quality analysis for PWC activity shows 
that for all discharged pollutants evaluated, the ecotoxicological 
threshold volumes estimated for 2002 and 2012 would be well below 
volumes of water available at the three areas. Threshold volumes range 
from 0.1 to 260 acre-feet, while water volumes accessible to personal 
watercraft under this alternative range from 13,010 to 301,704 acre-
feet. Impacts to aquatic organisms are expected to be negligible for 
all pollutants evaluated.
    Threshold volumes for human health benchmarks of benzo(a)pyrene and 
benzene are also well below volumes of water available at the three 
areas in 2002 and 2012. Threshold volumes range from 7 to 310 acre-
feet, while water volumes available to personal watercraft range from 
13,010 to 301,704 acre-feet. Impacts to human health are expected to be 
negligible for all pollutants evaluated. Mixing, flushing, and the 
resulting dilution of park waters by adjacent waters would further 
reduce pollutant concentrations. Tidal currents at the Pensacola Bay 
entrance reach a speed of 4.1 knots. Incoming tides increase the 
available water volume, especially at the Big Lagoon area of Perdido 
Key where the average depth is less than 8 feet. Outgoing tides 
transport soluble pollutants out of park waters to the Gulf of Mexico.
    Mississippi District. Under the proposed regulation, PWC use would 
be reinstated in all waters within the Mississippi District as 
previously managed under the Superintendent's Compendium, and all State 
regulatory requirements would apply. In addition, a PWC flat wake zone 
would be established 300 yards from park shorelines at West Ship, East 
Ship, and Spoil Islands and 0.5 mile from Horn and Petit Bois Islands 
and West Ship Island pier. PWC flat wake speed engine emissions were 
assumed to be negligible, so it was assumed that the same number of 
PWC-hours of full-throttle use under alternative A in Mississippi Sound 
and in Gulf-side waters would occur, but only beyond the flat wake 
boundary. This effectively reduces the available water volume for 
diluting PWC engine emissions.
    The results of the water quality analysis for PWC activity shows 
that for all discharged pollutants evaluated, the ecotoxicological 
threshold volumes estimated for 2002 and 2012 would be well below 
volumes of water available at both areas. Threshold volumes range from 
2 to 1,800 acre-feet, while water volumes available to PWC use range 
from 183,665 to 273,952 acre-feet. Impacts to aquatic organisms are 
expected to be negligible for all pollutants evaluated.
    Threshold volumes for human health benchmarks of benzo(a)pyrene and 
benzene are also well below volumes of water available at both areas in 
2002 and 2012. Threshold volumes range from 140 to 2,200 acre-feet, 
while volumes available to PWC use range from 183,665 to 273,952 acre-
feet. Impacts to human health are expected to be negligible for all 
pollutants evaluated. Mixing, flushing, and the resulting dilution of 
park waters by adjacent waters would further reduce pollutant 
concentrations. Incoming tides increase the available water volume, 
especially in shallow areas. Outgoing tides transport soluble 
pollutants out of park waters to Mississippi Sound and the Gulf of 
Mexico.
    Conclusion. Under the proposed regulation, water quality impacts 
from PWC use based on ecotoxicological and human health benchmarks 
would be negligible adverse for all pollutants in all areas of the 
national seashore in 2002. In 2012, although PWC use is projected to 
increase more rapidly than non-PWC use, all water quality impacts from 
PWC use are expected to remain negligible due to reduced emission rates 
of newer technology engines.
    In 2002, personal watercraft contributed approximately 30% of the 
cumulative emissions from all motorized watercraft, and in 2012, 
personal watercraft will contribute approximately 50% of the cumulative 
emissions. Impacts would still be negligible for all pollutants in all 
areas of the national seashore in 2002 and 2012. At most, cumulative 
impact threshold volumes would constitute less than 5% of the volume 
available to personal watercraft. In 2012, even with increased 
motorcraft use, cumulative water quality impacts from all watercraft 
are expected to be lower than in 2002 due to reduced emission rates. It 
is recognized that the current phase-in of cleaner running engine 
technologies by the Personal Watercraft Industry should result in a 
reduced amount of water pollutants and an overall reduction of 
hydrocarbon emissions.
    Implementation of this proposed regulation would not result in an 
impairment of water quality.

Air Quality

    Personal watercraft emit various compounds that pollute the air. Up 
to one third of the fuel delivered to the typical two-stroke carbureted 
PWC engine is unburned and discharged; the lubricating oil is used once 
and is expelled as part of the exhaust; and the combustion process 
results in emissions of air pollutants such as volatile organic 
compounds (VOC), nitrogen oxides (NOX), particulate matter 
(PM), and carbon monoxide (CO). Personal watercraft also emit fuel 
components such as PAH that are known to cause adverse health effects.
    Even though PWC engine exhaust is usually routed below the 
waterline, a portion of the exhaust gases go into the air. These air 
pollutants may adversely impact park visitor and employee health as 
well as sensitive park resources. For example, in the presence of 
sunlight VOC2 and NOX emissions combine to form 
ozone (O3). O3 causes respiratory problems in 
humans, including coughs, airway irritation, and chest pain during 
inhalations. O3 is also toxic to sensitive species of 
vegetation. It causes visible foliar injury, decreases plant growth, 
and increases plant susceptibility to insects and disease. CO can 
affect humans as well. It interferes with the oxygen carrying capacity 
of blood, resulting in lack of oxygen to tissues. NOX and PM 
emissions associated with PWC use can degrade visibility. 
NOX can also contribute to acid deposition effects on 
plants, water, and soil. However, because emission estimates show that 
NOX from personal watercraft are minimal (less than 5 tons 
per year), acid deposition effects attributable to PWC use are expected 
to be minimal. It is recognized that the current phase-in of cleaner 
running engine technologies by the Personal Watercraft Industry should 
result in a reduced amount of air pollutants and an overall reduction 
of hydrocarbon emissions.
    Impacts to human health. Under the proposed regulation, the use of 
the national seashore by personal watercraft would be reinstated with 
some additional restrictions to the management strategies in force 
prior to the closure. The additional restrictions would establish a 
flat wake zone 300 yards from all park shorelines at the low-water 
mark, except at the West Ship Island Pier and around all designated 
wilderness boundaries where a 0.5-mile flat wake zone would be 
established. Furthermore, no PWC operation would be permitted within 
200 feet of non-motorized watercraft and people in the water. Human-
health air quality impacts from the proposed regulation would be

[[Page 12992]]

the same as described for alternative A for 2002 and 2012 in both 
Florida and Mississippi and would be negligible for CO, 
PM10, HC, and NOX. The human health risk from PAH 
would also be negligible in 2002 and 2012. The additional restrictions 
would not change the type of personal watercraft in use, nor increase 
or decrease the number of personal watercraft forecasted or their daily 
duration of use between 2002 and 2012.
    Because no reduction in PWC use is expected, the proposed 
regulation would result in the same air quality impacts to human health 
from PWC emissions as alternative A. The additional management 
prescriptions would not noticeably affect PWC emissions as compared to 
alternative A; therefore, the total increase in emissions resulting 
from alternative A shown in tables 40 and 41 of the Environmental 
Assessment for the Florida and Mississippi districts, respectively, is 
the same for the proposed regulation. Negligible adverse impacts from 
PWC emissions for CO, PM10, HC, and NOX would 
occur for 2002 and 2012 in both the Florida and Mississippi districts. 
The risk from PAH would also be negligible in 2002 and 2012.
    Cumulative adverse impacts from PWC and other boating emissions at 
the national seashore would be the same as for alternative A. In the 
Florida District, adverse impacts to human health from air pollutants 
in 2002 would be negligible for PM10 and NOX and 
moderate for CO and HC. In 2012, levels would remain negligible for 
PM10 and NOX, and moderate for CO and HC. In the 
Mississippi District, impacts would be minor for CO and negligible for 
PM10, HC, and NOX, in 2002. In 2012, CO impact 
would increase to moderate; and impacts for the other pollutants would 
remain at 2002 levels. Regional ozone emissions would improve due to a 
reduction in HC emissions. The proposed regulation would have 
negligible adverse impacts to human health air quality conditions, with 
future reductions in PM10 and HC emissions due to improved 
emission controls. The PWC contribution to emissions of HC is estimated 
to be less than 1% of the cumulative boating emissions in 2002 and 
2012. All impacts would be long term.
    Implementation of the proposed regulation would not result in an 
impairment of air quality as it relates to human health.
    Impacts to air quality related values. Under the proposed 
regulation, the annual number of personal watercraft using the Gulf 
Islands National Seashore would be the same as alternative A for both 
the Florida and Mississippi districts. Additional management 
prescriptions under the proposed regulation, including flat wake 
restrictions, would not affect PWC use numbers and potential future 
increases. The predicted emission levels and impacts of continued PWC 
use to air quality related values would be the same as those described 
for alternative A based on annual emission rates. Impacts to air 
quality related values from PWC in 2002 and 2012 would be minor.
    The impacts of the proposed regulation on air quality related 
values would be the same as alternative A. Emissions of each pollutant 
would be less than 50 tons per year in both 2002 and 2012. Minor 
adverse impacts to air quality related values from PWC would occur in 
both 2002 and 2012 in both districts of the national seashore. In both 
2002 and 2012, adverse impacts from cumulative emissions from motorized 
boats and PWC would be moderate in the Florida District, and minor in 
the Mississippi District. This conclusion is based on calculated levels 
of pollutant emissions, regional SUM06 values, and the lack of observed 
visibility impacts or ozone-related plant injury in the national 
seashore.
    Implementation of the proposed regulation would not result in an 
impairment of air quality related values.

Soundscapes

    The primary soundscape issue relative to PWC use is that other 
visitors may perceive the sound made by personal watercraft as an 
intrusion or nuisance, thereby disrupting their experiences. This 
disruption is generally short term because personal watercraft travel 
for a relatively short time along the shore and spend most of the time 
in outlying areas. However, PWC occasionally congregate in popular 
shoreline areas with other visitors, and as PWC use increases, related 
noise may become more of an issue, particularly during certain times of 
the day. Additionally, visitor sensitivity to PWC noise varies from 
fisherman (more sensitive) to swimmers at popular beaches (less 
sensitive).
    The biggest difference between noise from personal watercraft and 
noise from motorboats is that PWC continually leave the water, which 
magnifies noise in two ways. Without the muffling effect of water, the 
engine noise is typically 15 dBA louder and the smacking of the craft 
against the water surface results in a loud ``whoop'' or series of 
them. With the rapid maneuvering and frequent speed changes, the 
impeller has no constant ``throughput'' and no consistent load on the 
engine. Consequently, the engine speed rises and falls, resulting in a 
variable pitch. This constantly changing sound is often perceived as 
more disturbing than the constant sound from motorboats.
    PWC users tend to operate close to shore, to operate in confined 
areas, and to travel in groups, making noise more noticeable to other 
recreationists (e.g., if identical boats emit 75 dB, two such boats 
together would be expected to emit 78 dB, three boats together would 
emit 80 dB). Motorboats traveling back and forth in one area at open 
throttle or spinning around in small inlets also generate complaints 
about noise levels; however, most motorboats tend to operate away from 
shore and to navigate in a straight line, thus being less noticeable to 
other recreationists.
    Under this proposed regulation, based on alternative B in the 
Environmental Assessment, a special regulation would be written to 
reinstate personal watercraft use. Additional management strategies 
would mitigate watercraft safety concerns, protect natural and cultural 
resources, and enhance overall visitor experience.
    PWC use would follow the same patterns assumed in alternative A; 
however, the proposed regulation would implement flat wake zoning for 
personal watercraft to help minimize the effects of PWC noise to park 
visitors, including anglers and near shoreline users of the swimming, 
picnic, and camping areas. The magnitude of noise near the speed 
restriction areas would be dependent on the changes in location and 
speed of the personal watercraft. As described in the analysis for 
alternative A in the Environmental Assessment, a reduction from 40 mph 
to 20 mph would reduce PWC noise levels approximately 5 dBA. Noise 
reductions would occur with reductions in speed limits below 20 mph. 
Increasing the distance from the personal watercraft to the listener 
from 100 to 200 feet would result in a noise reduction of about 6 dBA.
    The types of adverse impacts to the soundscape of Gulf Islands 
National Seashore would be generally the same as alternative A because 
of the type of sound. However, the level of impact would be less due to 
increased distances between the PWC activity and shoreline activity. 
Overall, negligible to minor adverse impacts would result from PWC use 
on the soundscape of the national seashore. Impacts would generally be 
short in duration but occur over the long-term. Although they could 
periodically be more frequent at shoreline areas on very high use days 
where motorized watercraft noise may predominate for most of the day, 
most

[[Page 12993]]

visitors to Gulf Islands National Seashore during those high use 
periods expect to hear motorized craft during the day, as the seashore 
is known for providing this type of recreational opportunity in 
addition to other activities. Since motorized noise would be expected 
to be infrequent and at low levels due to use restrictions, minor 
adverse impacts might occur if PWC users choose to operate in areas of 
the park that are away from launch areas and campgrounds, and where 
shoreline visitors would be anticipating a quiet, wilderness experience 
such as at Horn and Petit Bois Islands. As in alternative A, impacts 
could potentially increase if the noise output on newer engines does 
not decrease substantially enough to overcome the increase in PWC use.
    Noise from personal watercraft would be short-term in duration but 
would be expected to occur over the long-term. Impacts would be 
negligible to minor adverse depending on the location, within the unit, 
the time of day, and the time of year. Flat wake zoning would reduce 
noise levels from PWC in shoreline areas, specifically those areas 
around Horn and Petit Bois Islands. Impact levels would relate to the 
number of personal watercraft operating as well as the sensitivity of 
other visitors and could potentially increase by 2012 based on noise 
levels of newer engine technology.
    Cumulative adverse noise impacts from personal watercraft and other 
watercraft, commercial boats, and aircraft would be negligible to 
moderate. Impacts would be short in duration but occur over the long-
term because of the high volume of annual boating use, and could 
increase with increased boating use in the future.
    Implementation of the proposed regulation would not result in an 
impairment of the park's soundscape.

Shoreline and Submerged Aquatic Vegetation

    Personal watercraft are able to access areas that other types of 
watercraft may not, which may cause direct disturbance to vegetation. 
Indirect impact to shoreline vegetation may occur through trampling if 
operators disembark and engage in activities on shore. In addition, 
wakes created by personal watercraft may affect shorelines through 
erosion by wave action.
    Under the proposed regulation, PWC use would be reinstated in all 
waters within the national seashore as previously managed under the 
Gulf Islands National Seashore Superintendent's Compendium, and all 
State regulatory requirements would apply. In addition, a flat wake 
zone would be established 300 yards from all park shorelines except 
around the West Ship Island Pier and around wilderness boundaries (Horn 
and Petit Bois Islands) where 0.5-mile flat wake zones would be in 
effect. The flat wake zoning component of the management prescriptions 
under the proposed regulation would minimize both erosion effects from 
PWC induced wave action and direct PWC disturbance to shoreline marsh 
and dune communities. These impacts would be adverse and negligible 
under the proposed regulation. Minor adverse impacts from PWC use to 
emergent vegetation communities within the national seashore would 
result from visitor disturbance to dune communities as a result of PWC 
access. Overall, PWC use would have negligible to minor adverse impacts 
on shoreline vegetation communities within the national seashore.
    Of the approximately 1,930 acres of potential seagrass habitat 
within the Florida District of the national seashore, about 1,000 acres 
would be open to full-throttle PWC use. In the Perdido Key area of the 
Florida District, where PWC use is most intense (peak use of 25 
personal watercraft), only about 300 of the 640 acres of seagrass 
habitat would be accessible to PWC full-throttle use. Direct and 
indirect PWC impacts to seagrass beds would occur, but would be 
minimized by the wake restrictions. Potential direct impacts would 
include collision, uprooting, and sediment alteration. Indirect impacts 
would include increased turbidity, decreased available sunlight, and 
deposition of suspended sediment, which adversely affects the growth 
and health of seagrass beds. Under the proposed regulation, PWC use 
within the Florida District would have impacts to submerged aquatic 
vegetation communities that are direct and indirect, minor, and short- 
and long-term.
    In the Mississippi District, a flat wake zone would be established 
300 yards from park shorelines at West Ship, East Ship, and Spoil 
Islands and 0.5 mile from the shorelines at Horn and Petit Bois Islands 
and West Ship Island pier. Approximately 700 of the 3,300 acres of 
potential seagrass habitat would be accessible to full-throttle PWC use 
under the proposed regulation. Direct and indirect adverse PWC impacts 
to seagrass habitats would occur, but would be minimized by the flat 
wake zoning. Under the proposed regulation, PWC use within the 
Mississippi District would have impacts to seagrass habitats that are 
direct and indirect, minor, and short- and long-term.
    Projected increases in PWC use within the national seashore would 
potentially result in higher levels of impacts in 2012 relative to 
2002.
    PWC use would cause negligible adverse impacts to shoreline 
vegetation from physical disturbance and wave action, and minor adverse 
impacts from visitor access to emergent shoreline vegetation 
communities. PWC use under the proposed regulation would have impacts 
to seagrass habitats that are direct and indirect, minor, and short- 
and long-term, because shallow water habitats in the national seashore 
are the preferred areas for PWC use, particularly the Perdido Key and 
Mississippi Sound areas. The flat wake zoning would restrict PWC 
impacts to about one-half of the potential seagrass habitat in Florida 
and one-quarter of the potential seagrass habitat in Mississippi. 
Therefore, the proposed regulation, based on alternative B in the 
Environmental Assessment, would have fewer adverse impacts to shoreline 
and submerged aquatic vegetation than alternative A. Cumulative impacts 
to shoreline vegetation would include effects from all visitor 
activities, including PWC use and other motorized vessels, and would be 
minor to moderate. Cumulative impacts to seagrass habitats associated 
with use by all motorized vessels would be minor to moderate locally, 
as motorboat use could continue to cause propeller scarring and 
sediment resuspension and its effects. Impacts would potentially be 
higher in 2012 relative to 2002 due to projected increases in PWC and 
other motorized watercraft use.
    Implementation of this proposed regulation would not result in an 
impairment of shoreline or submerged aquatic vegetation.

Wildlife and Wildlife Habitat

    Some research suggests that PWC use affects wildlife by causing 
interruption of normal activities, alarm or flight, avoidance or 
degradation of habitat, and effects on reproductive success. This is 
thought to be a result of a combination of PWC speed, noise, and 
ability to access sensitive areas, especially in shallow-water depths.
    Waterfowl and nesting birds are the most vulnerable to personal 
watercraft. Fleeing a disturbance created by personal watercraft may 
force birds to abandon eggs during crucial embryo development stages, 
prevent nest defense from predators, or contribute to stress and 
associated behavior changes.
    Impacts to sensitive species, such as the manatee and the Perdido 
Key beach mouse, are discussed in the

[[Page 12994]]

``Threatened, Endangered, or Special Concern Species'' section.
    Under the proposed regulation, based on alternative B of the 
Environmental Assessment, PWC use would occur as under alternative A, 
with additional management prescriptions. A flat wake zone would be 
established 300 yards from all park shorelines, with the exception of 
the West Ship Island Pier, where a flat wake zone would extend 0.5 mile 
from the shoreline and 0.5 mile from either side of the pier. A flat 
wake zone would also be established 0.5 mile from the shorelines around 
all designated wilderness boundaries and no PWC operation would be 
permitted within 200 feet of non-motorized watercraft and people in the 
water.
    Impacts to aquatic wildlife species, especially in high use areas 
such as the Perdido Key area, the area north of Santa Rosa Island, and 
Mississippi Sound would be fewer than alternative A. The proposed 
regulation would minimize impacts from PWC because the most shallow 
water habitats and considerable portions of seagrass bed habitats lie 
within the PWC flat wake zones prescribed by the proposed regulation. 
Aquatic wildlife species inhabiting shallow protected waters and 
seagrass beds within the flat wake zone would not be subjected to PWC 
full-throttle impacts. However, PWC use in areas providing essential 
fish habitats could disrupt normal feeding and other critical life 
functions of fish and shellfish species and could adversely affect 
suitability of these areas to meet life cycle requirements. Adverse 
impacts to fish and shellfish and their habitat from PWC-generated 
sediment resuspension and emissions may occur in these areas. 
Reinstating PWC use in park waters with the establishment of a PWC flat 
wake zone would have fewer adverse impacts than alternative A. The 
proposed regulation is expected to have short-term, minor, direct and 
indirect adverse impacts to aquatic wildlife species and habitats.
    The extended flat wake zoning under the proposed regulation would 
minimize impacts from PWC activity to terrestrial wildlife species by 
restricting speed near shoreline habitat areas and thus limiting the 
potential for disturbance from noise and rapid approach by personal 
watercraft. Impacts to terrestrial mammals from PWC use would be 
negligible due to both the infrequent use of shoreline areas by these 
species and the extension of flat wake zoning.
    Prior established seasonal closures of areas around avian nesting 
sites in conjunction with increased flat wake zoning under the proposed 
regulation would minimize long-term impacts to nesting individuals. 
Adverse impacts to avian species from PWC noise and activity within the 
national seashore would be negligible to minor from short-term 
disturbance from PWC noise and access to loafing or foraging 
shorebirds, wading birds, and other water birds. Osprey would also 
experience short-term negligible to minor adverse effects due to the 
potential for PWC access to disturb roosting or feeding activities.
    Projected increases in PWC use within the national seashore would 
result in higher levels of impacts in 2012 relative to 2002.
    Under the proposed regulation, flat wake zoning prescriptions would 
minimize impacts to shoreline wildlife within the national seashore. 
Reinstating PWC use in park waters while establishing a flat wake zone 
is expected to have short-term, minor, direct and indirect adverse 
impacts to aquatic wildlife species and habitats. PWC use would 
contribute negligible short-term adverse impacts to terrestrial 
mammals, and negligible to minor mostly short-term adverse impacts to 
avian species with primary habitat located in shoreline areas.
    Cumulative impacts to aquatic and avian wildlife associated with 
all types of motorized vessel use are expected to be short-term, minor, 
direct and indirect, and adverse. There would be a slight potential for 
some long-term impacts to avian species if nesting individuals are 
disturbed to an extent that would cause individuals to relocate. 
Cumulative impacts to terrestrial wildlife would be negligible to minor 
and short term.
    Impacts in 2012 would likely be higher relative to 2002 levels due 
to the projected increase in PWC and other motorized watercraft use 
within the national seashore.
    Implementation of the proposed regulation would not result in 
impairment to aquatic or terrestrial wildlife or wildlife habitat.

Threatened, Endangered, or Special Concern Species

    The same issues described for PWC use and general wildlife also 
pertain to special status species. Potential impacts from personal 
watercraft include inducing flight and alarm responses, disrupting 
normal behaviors and causing stress, degrading habitat quality, and 
potentially affecting reproductive success. In addition to wildlife, 
threatened, endangered, or special concern plant species are also at 
risk from disturbance related to PWC use. Special status species at the 
national seashore include federally listed threatened, endangered, or 
candidate species. Additionally, some species at Gulf Islands National 
Seashore are designated by the States of Florida and/or Mississippi as 
threatened, endangered, or special concern species.
    Under the proposed regulation, based on alternative B of the 
Environmental Assessment, PWC use would occur as under alternative A, 
with additional management prescriptions. A flat wake zone would be 
established 300 yards from all park shorelines, with the exception of 
the West Ship Island Pier, where a flat wake zone would extend 0.5 mile 
from the shoreline and 0.5 mile from either side of the pier. A flat 
wake zone would also be established 0.5 mile from the shorelines around 
all designated wilderness boundaries and no PWC operation would be 
permitted within 200 feet of non-motorized watercraft and people in the 
water.
    The extended flat wake zoning under the proposed regulation would 
minimize impacts from PWC activity to threatened and endangered species 
by restricting speed near shoreline habitat areas and thus limiting the 
potential for disturbance from noise and rapid approach by personal 
watercraft.
    Potential impacts to special status species from PWC use within the 
national seashore under the proposed regulation are as follows.
    Aquatic Species. PWC use may affect, but is not likely to adversely 
affect, the Florida manatee, Atlantic green, Kemp's ridley, Atlantic 
loggerhead, and alligator snapping sea turtles through collisions and 
noise impacts. The 300-yard PWC flat wake zone would encompass much of 
the shallow seagrass habitats in the Perdido Key area and north of 
Santa Rosa Island in the Florida District, and in Mississippi Sound in 
the Mississippi District where manatees and turtles may occur, thereby 
minimizing the chance of collisions.
    The Gulf sturgeon and its designated critical habitat may be 
affected but are not likely to be adversely affected by PWC noise and 
water quality impacts, because much of this habitat in the national 
seashore occurs within the 300-yard PWC flat wake zone. PWC use may 
affect, but is unlikely to adversely affect, the State listed saltmarsh 
topminnow. The PWC flat wake zone restriction would eliminate full-
throttle PWC use in the salt marsh and shoreline habitats of the 
national seashore where this fish occurs.
    Terrestrial Species. Direct adverse impacts from personal 
watercraft to the Perdido Key beach mouse and the Santa Rosa beach 
mouse would be unlikely due to the nocturnal nature of both species and 
the general avoidance of

[[Page 12995]]

human activity. Closures of sensitive dune ecosystems as stated in the 
Gulf Islands National Seashore Superintendent's Compendium would 
minimize the potential for indirect effects related to PWC access and 
resultant visitor activity in habitat areas. PWC use under the proposed 
regulation may affect the Perdido Key and Santa Rosa species of beach 
mouse, but adverse effects to the species would be unlikely.
    The gopher tortoise could be potentially affected by disturbance to 
individuals or habitat from people with shoreline access, including PWC 
users. Within the national seashore, the gopher tortoise is known 
mainly to occur in inland locations, away from areas of PWC access, and 
is unlikely to be adversely affected by PWC use.
    Avian Species. Flat wake zoning of personal watercraft within at 
least 300 yards of shoreline areas would minimize adverse impacts from 
PWC noise and physical disturbance to the federally or State listed 
bird species in both the Florida and Mississippi districts of the 
national seashore. Minor effects from PWC use to special status bird 
species may occur under the proposed regulation. As in other 
alternatives, seasonal closures of important nesting sites for 
shoreline birds reduce the potential for impacts to nesting 
individuals. Under the proposed regulation, the slower speeds and 
decreased noise from personal watercraft that would result from 
implementation of flat wake zoning in shoreline areas, would preclude 
adverse effects from PWC use within the national seashore to the bald 
eagle, piping plover, American peregrine falcon, brown pelican, 
southeastern snowy plover, least tern, southeastern American kestrel, 
black skimmer, reddish egret, snowy egret, and little blue heron. Any 
effects that would occur from PWC use would be short-term in nature and 
would likely result in temporary flight responses by loafing or 
foraging individuals.
    Special Status Plants. The additional management prescriptions 
under the proposed regulation would not affect the accessibility of 
shoreline areas or reduce the potential for PWC users to disembark and 
explore the islands, potentially impacting special status plant 
species.
    The affinity of the white-top pitcher plant for bogs and other wet 
environments precludes impacts from typical recreational exploration 
and trampling within either the Florida or Mississippi district of the 
national seashore. No effects to this species are expected to result 
from PWC access within the national seashore.
    Within the national seashore, populations of Cruise's golden aster 
and Godfrey's golden aster that occur in dune communities would be the 
most susceptible to trampling by visitors with PWC access to the 
shoreline. Closures of sensitive dune communities to foot traffic as 
mandated by the Superintendent's Compendium would serve as a measure of 
protection for both Cruise's and Godfrey's golden asters from PWC user 
access. PWC use within the national seashore may affect, but is 
unlikely to adversely affect Cruise's golden aster and Godfrey's golden 
aster.
    Visitors who gain access by personal watercraft and explore areas 
away from the shoreline may affect Curtiss' sandgrass. Adverse impacts 
are unlikely as it is not present in the open shoreline areas of the 
shoreline where visitor exploration and access is likely to occur.
    Large-leaved jointweed may be affected but is unlikely to be 
adversely affected by PWC activity within the national seashore due to 
the isolated occurrence of the species in locations away from open 
shoreline areas where personal watercraft would be likely to land and 
to its location in the Naval Live Oaks area where PWC use would be low.
    Conclusion. Reinstating PWC use within the national seashore and 
establishing a PWC flat wake zone would minimize the likelihood of 
adverse effects on threatened or endangered species in the national 
seashore boundaries from PWC use. PWC use may affect, but would be 
unlikely to adversely affect, any federally or State-listed species. In 
combination with prior mandated closures of sensitive habitat areas, 
the extension of flat wake zoning to a minimum of 300 yards from the 
shoreline under the proposed regulation would serve as a measure of 
protection against impacts from PWC use to terrestrial and avian 
special status species. PWC use would have no effect on the white-top 
pitcher plant.
    Cumulative impacts to special status species from non-PWC sources 
would be the same as under alternative A. PWC use would contribute 
slightly to cumulative effects, but PWC or other visitor use and 
activities would not be likely to cause adverse impacts to special 
status species within the national seashore.
    Implementation of the proposed regulation would not result in an 
impairment of threatened or endangered species.

Visitor Use and Experience

    Some research suggests that PWC use is viewed by some segments of 
the public as a nuisance due to their noise, speed, and overall 
environmental effects, while others believe personal watercraft are no 
different from other watercraft and that people have a right to enjoy 
the sport. The primary concern involves changes in noise, pitch, and 
volume due to the way personal watercraft are operated. Additionally, 
the sound of any watercraft can carry for long distances, especially on 
a calm day.
    Under the proposed regulation, based on alternative B of the 
Environmental Assessment, PWC use would be reinstated as described 
under alternative A, with additional management prescriptions. A flat 
wake zone would be established 300 yards from all park shorelines, with 
the exception of the West Ship Island Pier, where a flat wake zone 
would extend 0.5 mile from the shoreline and 0.5 mile from either side 
of the pier. A flat wake zone would also be established 0.5 mile from 
the shorelines around all designated wilderness boundaries and no PWC 
operation would be permitted within 200 feet of non-motorized 
watercraft and people in the water.
    Impact on PWC Users. Under the proposed regulation, PWC use would 
be reinstated and all of the national seashore waters would be 
accessible to PWC use except where restricted. Implementation of the 
above mentioned flat wake areas would prohibit high speed maneuvering 
in these areas, but this type of activity would still be allowed 
outside of the flat wake areas within park waters. Compared to the 
baseline of no PWC use in the national seashore, the proposed 
regulation would have beneficial impacts on PWC users, because they 
would be allowed to recreate with a personal watercraft in the national 
seashore. However, implementation of the restrictions included in the 
proposed regulation would have negligible adverse impacts on the 
visitor experience of PWC users, because their access would be more 
limited.
    Impact on Other Boaters. The majority of motorized boating in the 
Florida District occurs in Gulf waters on the south side of the islands 
(4,500 compared to 500 in non-Gulf waters in 2002). However, PWC favor 
the bay and sound areas, where waters are calm (2 PWC in Gulf waters 
compared to 37 in non-Gulf waters in 2002). The PWC restrictions 
defined by Escambia County, Florida, would also apply under alternative 
B, benefiting boaters in this area.

[[Page 12996]]

    PWC are more prevalent and more evenly distributed in the 
Mississippi District (a total of 161 PWC in Mississippi in 2002). 
Conversely, far fewer boaters visit the Mississippi District (1,607 in 
Mississippi compared to 5,000 in Florida in 2002). East and West Ship 
islands experience the heaviest visitor use and boaters there would 
likely experience the biggest impacts. PWC concentrate in areas that 
boaters also prefer, usually on the east and west ends of the islands, 
around the West Ship Island Pier, and the north side of Spoil Island.
    Under the proposed regulation, PWC would be prohibited within 200 
feet of non-motorized watercraft and people in the water. The 
additional flat wake restrictions included the proposed regulation 
would also benefit motorized boaters in both districts, because they 
would likely share the same waters as PWC users. Therefore, impacts to 
motorized boaters would be long-term and adverse due to an increase in 
the number of vessels operating in the same space, but negligible to 
minor.
    Personal watercraft would be operating in park waters along with 
non-motorized watercraft users. However, PWC would be prohibited from 
areas 200 feet from the old fishing pier and 200 feet from the new 
fishing pier at Fort Pickens. In addition, a flat wake zone would be 
established 300 yards from all park shorelines, except at the West Ship 
Island Pier, where the flat wake zone would extend 0.5 mile from the 
shoreline and either side of the pier. The flat wake zone would also 
extend 0.5 mile from the shoreline around all wilderness boundaries. 
PWC would also be prohibited within 200 feet of non-motorized 
watercraft. The proposed canoe trail along the north side of Perdido 
Key would provide a non-motorized boat route for canoeists and kayakers 
to enjoy. The canoe trail would be within the flat wake zone 
established 300 yards from the shoreline, providing beneficial impacts 
to these non-motorized boaters. In addition, park staff have received 
no documented complaints from non-motorized boaters concerning PWC use, 
and few canoeists and kayakers visit the park. Therefore, impacts to 
non-motorized watercraft under the proposed regulation would be long-
term, adverse, and negligible to minor.
    Impact on Other Visitors. Swimmers, anglers, campers, hikers, and 
other shoreline visitors to the national seashore would have contact 
with personal watercraft users. Shoreline areas that are popular with 
both personal watercraft and other shoreline users include the north 
sides of the Mississippi islands and the Perdido Key area.
    Swimmers. High-density beach use occurs on Rosamond Johnson Beach 
at Perdido Key, Opal Beach in the Santa Rosa area, Langdon Beach at 
Fort Pickens, and West Ship Island. PWC use in the Florida District 
would likely be concentrated in the Perdido Key area primarily on the 
bay, or north side of the key. However, few PWC traversed the south, or 
Gulf shoreline, reducing the amount of adverse impacts to the Rosamond 
Johnson Beach (in Perdido Key), as well as Opal and Langdon Beach, 
where PWC use was less frequent. The proposed regulation would further 
restrict PWC use by establishing a flat wake zone 300 yards from all 
park shorelines, which would benefit swimmers at all swim beaches. The 
proposed regulation would also prohibit PWC use within 200 feet of 
people in the water. For these reasons, impacts from PWC use in the 
Florida District would likely be long-term, adverse, and minor.
    Most PWC use in the Mississippi District would likely occur as 
recreational riding on the north side of the islands, as before the 
ban. PWC use would be concentrated on the east and west ends of the 
Mississippi islands and around the West Ship Island Pier. West Ship 
Island experiences most of the high-density beach use in the 
Mississippi District. However, swimming is prohibited within 200 feet 
of the West Ship Island Pier, and under the proposed regulation a flat 
wake zone would be established 0.5 mile from the shoreline and either 
side of the pier, minimizing some impacts to beach users in the area. 
Therefore, impacts to swimmers from PWC use in this area of West Ship 
Island would likely be long-term, adverse, and minor. In addition, a 
flat wake zone would also be established 0.5 mile from the shorelines 
around the wilderness areas of Horn and Petit Boise islands, limiting 
impacts to swimmers and beach users on these islands. The lakes, ponds, 
lagoons, and inlets of the islands in the Mississippi District would be 
closed to motorized vessels. These restrictions, coupled with lower 
visitation at the islands of Cat, East Ship, Horn, and Petit Bois, 
would likely result in long-term, adverse, negligible to minor impacts 
to swimmers in the Mississippi District.
    For the reasons stated above, overall impacts to swimmers in both 
the Florida and Mississippi districts would be long-term, adverse, and 
minor.
    Divers. Diving and snorkeling are common near Fort Pickens and the 
sea grass beds north of Santa Rosa Island, which are both in the 
Florida District. PWC prefer the calm waters of Santa Rosa Sound, which 
is north of the island, so divers there would be adversely impacted. 
Diving and PWC use are both prohibited within 200 feet of the Fort 
Pickens piers. However, snorkelers would benefit from the restriction 
described under the proposed regulation limiting PWC use to flat wakes 
300 yards from all park shorelines. In addition, the proposed 
regulation would further prohibit PWC operation within 200 feet of 
people in the water, which would benefit both snorkelers and divers. 
For these reasons, impacts to divers and snorkelers would be long-term 
and adverse, but negligible due to the distribution of PWC, the 
additional restrictions imposed under the proposed regulation, and the 
small number of PWC users and divers that visit the park.
    Anglers. Impacts to anglers would be similar to those described 
under alternative A of the Environmental Assessment. The same 
restrictions would apply to the lagoons of Perdido Key and the fishing 
piers at Fort Pickens. However, the proposed regulation calls for an 
additional flat wake zone 300 yards from all park shorelines. In 
addition, a flat wake zone would extend 0.5 mile from the shoreline and 
either side of the pier at West Ship Island, and a 0.5-mile flat wake 
zone would be established around the wilderness islands of Horn and 
Petit Bois. Although the additional flat wake restrictions would 
benefit anglers in all areas of the park, impacts would likely be long-
term and adverse, but negligible due to additional PWC restrictions.
    Campers and Hikers. Impacts to campers and hikers would be similar 
to those described under alternative A of the Environmental Assessment, 
particularly in the Florida District since most of the restrictions 
under the proposed regulation would apply to the Mississippi District. 
However, the proposed regulation calls for establishment of a flat wake 
zone 300 yards from all park shorelines, which would benefit all 
campers and hikers at the park. PWC use at Horn and Petit Bois islands 
in the Mississippi District would be restricted to flat wake speed 0.5 
mile from the shoreline, which would benefit users of these wilderness 
areas. PWC operation would be limited to daylight hours in both 
districts, when campers may be participating in other activities.
    PWC use would have long-term, negligible to minor, adverse impacts 
on the experience of all camping and hiking visitors due to the 
additional restrictions described under the proposed regulation.

[[Page 12997]]

    Conclusion. The proposed regulation would provide overall 
beneficial impacts on PWC users, because they would be allowed to 
recreate with a personal watercraft in the national seashore, although 
PWC users would be required to comply with additional restrictions. 
Impacts of PWC use on motorized and non-motorized boaters would be 
negligible to minor, long-term, adverse. Impacts to swimmers would also 
be long-term, adverse, and minor. Impacts to divers, snorkelers, and 
anglers would be long-term and adverse, but negligible. PWC use would 
have long-term, negligible to minor, adverse impacts on the experience 
of all camping and hiking visitors. Overall PWC use would result in 
long-term, adverse, negligible to minor impacts to non-PWC users. 
Cumulative impacts would be long-term, adverse, and minor.

Visitor Conflict and Safety

    Industry representatives report that PWC accidents decreased in 
some States in the late 1990s. The National Transportation Safety Board 
reported that in 1996 personal watercraft represented 7.5% of State-
registered recreational boats but accounted for 36% of recreational 
boating accidents. In the same year, PWC operators accounted for more 
than 41% of people injured in boating accidents. PWC operators 
accounted for approximately 85% of the persons injured in accidents 
studied in 1997. Since PWC operators can be as young as 12 in several 
States, accidents can involve children. The American Academy of 
Pediatrics recommends that no one younger than 16 operate personal 
watercraft.
    In Florida in 2000, personal watercraft comprised 12.5% of all 
registered vessels statewide and accounted for 32% of all boating 
accidents. In the Florida District in 2000, 44 boating violation 
citations were issued, 36% of which were to personal watercraft. An 
analysis of park boating violations in Mississippi from 1997 to 
September 2001 reveals that 58% of the violations involved a personal 
watercraft.
    Under the proposed regulation, based on alternative B of the 
Environmental Assessment, PWC use would be reinstated as under 
alternative A, with additional management prescriptions. A flat wake 
zone would be established 300 yards from all park shorelines, with the 
exception of at the West Ship Island Pier, where a flat wake zone would 
extend 0.5 mile from the shoreline and 0.5 mile from either side of the 
pier. A flat wake zone would also be established 0.5 mile from the 
shorelines around all designated wilderness boundaries, and no PWC 
operation would be permitted within 200 feet of non-motorized 
watercraft and people in the water. In addition, PWC user and boater 
education would be provided through interpretive talks, onsite 
bulletins, and brochures given to PWC registrants and visitors who rent 
personal watercraft. These educational efforts would benefit all 
seashore visitors described below.
    Impact on PWC Users. Under the proposed regulation, PWC use would 
be reinstated and all of the national seashore waters would be 
accessible to PWC use except where restricted. Implementation of the 
flat wake zones would not permit high speed maneuvering use in these 
areas, but this type of activity would be permitted outside these areas 
in park waters. However, PWC users would experience beneficial safety 
impacts because the restrictions would minimize conflicts and potential 
for accidents between PWC, other PWC, and non-PWC users. Overall, 
impacts to PWC users would be long-term, beneficial, and minor.
    Impact on Other Boaters. The majority of motorized boating in the 
Florida District occurs in Gulf waters on the south side of the 
islands. However, PWC favor the bay and sound areas, where waters are 
calm. This natural distribution would help alleviate conflicts between 
boaters and PWC users in the Florida District.
    PWC are more prevalent and more evenly distributed in the 
Mississippi District, which has far fewer boaters than the Florida 
District. East and West Ship islands experience the heaviest visitor 
use and boaters there would likely experience the biggest impacts. PWC 
concentrate in areas that boaters also prefer, usually on the east and 
west ends of the islands, around the West Ship Island Pier, and the 
north side of Spoil Island. In addition, PWC would also be prohibited 
within 200 feet of non-motorized watercraft in both districts. A flat 
wake zone would be established 300 yards from all park shorelines, 
except at the West Ship Island Pier, where the flat wake zone would 
extend 0.5 mile from the shoreline and either side of the pier. The 
flat wake zone would also extend 0.5 mile from the shoreline around all 
wilderness boundaries. These restrictions would provide additional 
safety measures to both PWC and motorboat users at the seashore.
    For the reasons described above, impacts to motorized boaters in 
both districts would be long-term and adverse. However, these impacts 
would be negligible to minor due to the additional restrictions and PWC 
prohibitions defined under the proposed regulation.
    PWC would interact with non-motorized boaters as well. PWC use 
would be prohibited 200 feet from the old fishing pier and 200 feet 
from the new fishing pier at Fort Pickens. The proposed canoe trail 
along the north side of Perdido Key would provide a safe, non-motorized 
boat route for canoeists and kayakers to enjoy because it would be 
within the flat wake zone established 300 yards from the shoreline. In 
addition, park staff have received no documented complaints from non-
motorized boaters concerning PWC use. Nonmotorized boaters would also 
benefit from safety measures provided by additional restrictions 
described above. In addition, both Mississippi and Florida require that 
PWC operators use cut-off devices, which would not necessarily reduce 
the amount of conflict but would improve safety for non-motorized 
watercraft users at the seashore. Therefore, impacts to non-motorized 
watercraft under the proposed regulation would be long-term, adverse, 
and negligible to minor.
    Impact on Other Visitors. Swimmers, anglers, campers, hikers, and 
other shoreline visitors to the national seashore would have contact 
with personal watercraft users. Shoreline areas that are popular with 
both personal watercraft and other shoreline users include the north 
sides of the Mississippi islands and the Perdido Key area.
    Swimmers. Impacts to swimmers would be similar to those described 
under alternative A of the Environmental Assessment. However, the 
proposed regulation would further restrict PWC use by establishing a 
flat wake zone 300 yards from all park shorelines, which would benefit 
swimmers at non-designated swim beaches. The proposed regulation would 
also prohibit PWC use within 200 feet of people in the water, providing 
additional safety and reducing the likelihood of conflicts and 
accidents.
    In addition, a flat wake zone would also be established 0.5 mile 
from the shorelines around the wilderness areas of Horn and Petit Bois 
islands, limiting impacts to swimmers and beach users on these islands. 
The lakes, ponds, lagoons, and inlets of the islands in the Mississippi 
District would be closed to motorized vessels.
    Both Mississippi and Florida require that PWC operators use cut-off 
devices, which would not necessarily reduce the amount of conflict but 
would improve safety for swimmers at the seashore. Therefore, impacts 
to swimmers from PWC use in both districts would likely

[[Page 12998]]

be long-term, adverse, and minor due to additional restrictions and the 
concentration of PWC activity to the north side of most designated swim 
beaches.
    Anglers. Impacts to anglers would be similar to those described 
under alternative A of the Environmental Assessment. The proposed 
regulation calls for an additional flat wake zone 300 yards from all 
park shorelines at the low-water mark. In addition, a flat wake zone 
would extend 0.5 mile from the shoreline and either side of the pier at 
West Ship Island, and a 0.5-mile flat wake zone would be established 
around the wilderness islands of Horn and Petit Bois. Although the 
additional flat wake restrictions would benefit anglers in all areas of 
the park, impacts would likely be long-term and adverse, but negligible 
due to additional PWC restrictions.
    Campers and Hikers. The Florida District receives a much higher 
amount of camping visitation compared to the Mississippi District. The 
Fort Pickens campground provides the highest number of campsites (200) 
but is not located on the shoreline, and primitive camping is also 
allowed on the east end of Perdido Key. The Davis Bayou campground in 
the Mississippi District provides 51 campsites. No designated campsites 
exist on the Mississippi islands, but backcountry camping occurs on the 
islands.
    Backcountry campers on Perdido Key and East Ship Island would 
experience long-term, minor, adverse impacts from PWC use under the 
proposed regulation. A flat wake zone would be established 300 yards 
from all park shorelines, which would reduce impacts to campers and 
hikers. PWC use at Horn and Petit Bois islands would be restricted to 
flat wake speed one-half mile from the shoreline, which would benefit 
users of these wilderness areas. PWC operation would be limited to 
daylight hours in both districts, when campers may be participating in 
other activities.
    PWC use would have long-term, minor, adverse impacts on the 
experience of all camping and hiking visitors due to restrictions 
contained under the proposed regulation and distribution of types of 
visitor activities.
    Conclusion. Impacts to PWC users would be long-term, beneficial, 
and minor. Impacts to motorized and non-motorized boaters would be 
long-term, adverse, and negligible to minor. Swimmers would likely 
experience long-term, adverse, and minor impacts. Anglers in all areas 
of the park would likely experience long-term and adverse, but 
negligible impacts due to additional PWC restrictions. PWC use would 
have long-term, minor, adverse impacts on the experience of all camping 
and hiking visitors due to restrictions contained under the proposed 
regulation and distribution of types of visitor activities. Cumulative 
impacts would be adverse and minor over the short term and long term.

Cultural Resources

    PWC users would have access to unknown archaeological and submerged 
cultural resources under the proposed regulation. Both known and 
undocumented submerged resources exist. Given the expanded wake 
restrictions under the proposed regulation, PWC use is unlikely to 
result in damage to submerged resources close to shore. Water depth is 
likely to protect other submerged resource.
    Potential impacts directly attributable to unrestricted PWC use are 
difficult to quantify. The most likely impact to archaeological sites 
would result from PWC users landing in areas otherwise inaccessible to 
most other national seashore visitors and illegally collecting or 
damaging artifacts. According to park staff, looting and vandalism of 
cultural resources has been a problem. A direct correlation of impacts 
attributed to PWC users is difficult to draw, since many of these areas 
are also accessible to other watercraft users and visitors. Under the 
proposed regulation, PWC users within the national seashore would have 
only minor adverse impacts on listed or potentially listed 
archaeological resources.
    Restricting areas of use and the establishment of a flat wake speed 
zone would serve as a measure to minimize impacts on potentially listed 
archaeological resources from possible illegal collection and 
vandalism. Cumulative impacts from other activities on archaeological 
resources that are readily accessible could be minor to moderate and 
adverse, due to the number of visitors and the potential for illegal 
collection or destruction.
    Implementation of the proposed regulation would not result in an 
impairment of cultural resources.

The Proposed Rule

    Under this NPRM, which is based on the preferred alternative, 
alternative B, a special regulation at 36 CFR 7.12 would reinstate PWC 
use at the national seashore. The proposed rule would include the 
management actions listed under alternative A, as well as additional 
management prescriptions under alternative B to protect natural and 
cultural resources, to mitigate PWC safety concerns, to provide for 
visitor health and safety, and to enhance overall visitor experience.
    The management actions listed under alternatives A and B include 
the following:
    1. Area of Use and Location Restrictions. PWC use would be allowed 
throughout the national seashore, except in areas where use 
restrictions for all vessels had been in place before April 22, 2002, 
including:
     The lakes, ponds, lagoons and inlets of East Ship Island, 
West Ship Island, Horn Island, Petit Bois Island and Cat Island are 
closed to the use of motorized vessels.
     The lagoons of Perdido Key within Big Lagoon are closed.
     The areas 200 feet from the remnants of the old fishing 
pier and 200 feet from the new fishing pier at Fort Pickens are closed.
     Operating a vessel in excess of 5 mph or creating a wake 
is prohibited within 500 feet of the Davis Bayou launch ramp, the West 
Ship Island Pier, the Horn Island Pier, and the Fort Pickens Pier; 
within the buoyed, area at Spoil (Sand) Island; and within the posted 
area on the north side of Perdido Key near the Fort McRee site.
     Seasonal closures within the seashore to protect wildlife 
and habitat as determined necessary by superintendent.
     PWC would be allowed to beach at any point along the shore 
not closed by the above.
    The additional management restrictions under alternative B include 
the following:
     A flat wake zone would be expanded to 300 yards from all 
park shorelines with the exception of:

--At the West Ship Island Pier a flat wake zone would extend 0.5 mile 
from the shoreline and 0.5 mile from either side of the pier.
--Around all designated wilderness boundaries a flat wake zone would be 
established 0.5 mile from the shorelines.

     No PWC operation would be permitted within 200 feet of 
non-motorized watercraft and people in the water.
    In addition, applicable State and Federal boating laws and 
regulations would apply to PWC operators, including regulations that 
address reckless or negligent operation, excessive speed, hazardous 
wakes or washes, hours of operation, age of driver, and distance 
between vessels. The boating regulations for Florida and Mississippi 
have been adopted by the NPS and apply to PWC use at Gulf Islands 
National Seashore.
    Further, it is a management objective of the park staff at Gulf 
Islands National

[[Page 12999]]

Seashore to promote and enhance PWC user and boater education through 
interpretive talks, onsite bulletins, and brochures given to PWC 
registrants and visitors who rent personal watercraft. Within the 
capabilities of staff levels and funding, the park will also seek to 
increase awareness and enhance enforcement of Federal laws and 
regulations pertaining to harassment of marine mammals through ongoing 
water patrols (Marine Mammal Protection Act, Endangered Species Act).

Summary of Economic Impacts: Personal Watercraft Regulations in Gulf 
Islands National Seashore

    Alternative C, the no-action alternative, represents the baseline 
of this analysis. Under that alternative, all PWC use would remain 
prohibited in the park. Alternative A would permit PWC use as managed 
in the park prior to the ban and Alternative B would permit PWC use, 
but with additional restrictions compared with pre-ban management. All 
benefits and costs associated with these regulatory alternatives are 
measured relative to the baseline established by Alternative C. 
Therefore, there are no incremental benefits or costs associated with 
Alternative C.
    The primary beneficiaries of Alternatives A and B would be the park 
visitors who use PWCs and the businesses that provide services to PWC 
users such as rental shops, restaurants, gas stations, and hotels. The 
present value of benefits to PWC users are estimated to range between 
$670,100 and $881,500 for these alternatives. The present value of 
benefits to PWC users for Alternatives A and B are estimated to range 
between $479,900 and $4,130,400. Additional beneficiaries include the 
individuals who use PWCs outside the park where PWC users that are 
displaced from the park may decide to ride if PWC use within the park 
were prohibited. These benefit estimates are presented in Table 1. The 
amortized values per year of these benefits over the ten-year timeframe 
are presented in Table 2.

          Table 1.--Present Value of Benefits for PWC Use in Gulf Islands National Seashore, 2003-2012
                                                [In thousands] a
----------------------------------------------------------------------------------------------------------------
                                   PWC users             Businesses                           Total
----------------------------------------------------------------------------------------------------------------
Alternative A:
    Discounted at 3% \b\........      $881.5  $664.6 to $4,130.4..............  $1,546.1 to $5,011.9.
    Discounted at 7% \b\........       705.3  511.9 to 3,181.2................  1,217.2 to 3,886.5.
Alternative B:
    Discounted at 3% \b\........       837.5  623.1 to 3,859.6................  1,460.5 to 4,697.0.
    Discounted at 7% \b\........       670.1  479.9 to 2,972.6................  1,149.9 to 3,642.7.
----------------------------------------------------------------------------------------------------------------
\a\ Benefits may not sum to the indicated totals due to independent rounding.
\b\ Office of Management and Budget Circular A-4 recommends a 7% discount rate in general, and a 3% discount
  rate when analyzing impacts to private consumption.


 Table 2.--Amortized Total Benefits per Year for PWC Use in Gulf Islands
                      National Seashore, 2003-2012
                             [In thousands]
------------------------------------------------------------------------
                                         Amortized total  benefits per
                                                    year \a\
------------------------------------------------------------------------
Alternative A:
    Discounted at 3% \b\.............  $181.3 to $587.5.
    Discounted at 7% \b\.............  173.3 to 553.4.
Alternative B:
    Discounted at 3% \b\.............  171.2 to 550.6.
    Discounted at 7% \b\.............  163.7 to 518.6.
------------------------------------------------------------------------
\a\This is the present value of total benefits reported in Table 1
  amortized over the ten-year analysis timeframe at the indicated
  discount rate.
\b\ Office of Management and Budget Circular A-4 recommends a 7%
  discount rate in general, and a 3% discount rate when analyzing
  impacts to private consumption.

    The primary group that would incur costs under Alternatives A and B 
would be the park visitors who do not use PWCs and whose park 
experiences would be negatively affected by PWC use within the park. At 
Gulf Islands National Seashore, non-PWC uses include boating, canoeing, 
fishing, and hiking. Additionally, the public could incur costs 
associated with impacts to aesthetics, ecosystem protection, human 
health and safety, congestion, nonuse values, and enforcement. However, 
these costs could not be quantified because of a lack of available 
data. Nevertheless, the magnitude of costs associated with PWC use 
would likely be greatest under Alternative A, and lower for Alternative 
B due to increasingly stringent restrictions on PWC use.
    Because the costs of Alternatives A and B could not be quantified, 
the net benefits associated with those alternatives (benefits minus 
costs) also could not be quantified. However, from an economic 
perspective, the selection of Alternative B as the preferred 
alternative was considered reasonable even though the quantified 
benefits are somewhat smaller than under Alternative A. That is because 
the costs associated with non-PWC use, aesthetics, ecosystem 
protection, human health and safety, congestion, and nonuse values 
would likely be greater under Alternative A than under Alternative B. 
Quantification of those costs could reasonably result in Alternative B 
having the greatest level of net benefits.

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.
    (1) This rule will not have an effect of $100 million or more on 
the economy.

[[Page 13000]]

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. The 
National Park Service has completed the report ``'Economic Analysis of 
Personal Watercraft Regulations in Gulf Islands National Seashore''' 
(MACTEC Engineering, January 2004).
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency. Actions 
taken under this rule will not interfere with other agencies or local 
government plans, policies or controls. This rule is an agency specific 
rule.
    (3) This rule does not alter the budgetary effects of entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients. This rule will have no effects on entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients. No grants or other forms of monetary supplements are 
involved.
    (4) This rule does not raise novel legal or policy issues. This 
rule is one of the special regulations being issued for managing PWC 
use in National Park Units. The National Park Service published general 
regulations (36 CFR 3.24) in March 2000, requiring individual park 
areas to adopt special regulations to authorize PWC use. The 
implementation of the requirement of the general regulation continues 
to generate interest and discussion from the public concerning the 
overall effect of authorizing PWC use and National Park Service policy 
and park management.

Regulatory Flexibility Act

    The Department of the Interior certifies that this rulemaking will 
not have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
This certification is based on a report entitled ``Economic Analysis of 
Personal Watercraft Regulations in Gulf Islands National Seashore'' 
(MACTEC Engineering, January 2004).

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 proposed 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 significant adverse effects 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. This rule is an 
agency specific rule and does not impose any other requirements on 
other agencies, governments, or the private sector.

Takings (Executive Order 12630)

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. A taking implication assessment is 
not required. No taking of personal property will occur as a result of 
this rule.

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. This proposed rule only affects use of NPS 
administered lands and waters. It has no outside effects on other areas 
by allowing PWC use in specific areas of the park.

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 regulation does not require an information collection from 10 
or more parties and a submission under the Paperwork Reduction Act is 
not required. An OMB Form 83-I is not required.

National Environmental Policy Act

    The National Park Service has analyzed this rule in accordance with 
the criteria of the National Environmental Policy Act and has prepared 
a draft Environmental Assessment (EA). The EA was available for public 
review and comment from April 19, 2004 to May 18, 2004. Copies of the 
environmental assessment may be downloaded at http://www.nps.gov/guis/pphtml/documents.html or obtained at park headquarters Monday through 
Friday, 8 a.m. to 4:30 p.m. Mail inquiries should be directed to park 
headquarters: Gulf Islands National Seashore, 1801 Gulf Breeze Parkway, 
Gulf Breeze, FL 32563.

Government-to-Government Relationship With Tribes

    In accordance with 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.

Clarity of Rule

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand. We invite your comments on how to make 
this rule easier to understand, including answers to questions such as 
the following: (1) Are the requirements in the rule clearly stated? (2) 
Does the rule contain technical language or jargon that interferes with 
its clarity? (3) Does the format of the rule (grouping and order of 
sections, use of headings, paragraphing, etc.) aid or reduce its 
clarity? (4) Would the rule be easier to read if it were divided into 
more (but shorter) sections? (A ``section'' appears in bold type and is 
preceded by the symbol ``Sec.  '' and a numbered heading; for example 
Sec.  7.12, Gulf Islands National Seashore.) (5) Is the description of 
the rule in the ``Supplementary Information'' section of the preamble 
helpful in understanding the proposed rule? What else could we do to 
make the rule easier to understand?
    Send a copy of any comments that concern how we could make this 
rule easier to understand to: Office of Regulatory Affairs, Department 
of the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240. 
You may also e-mail the comments to this address: [email protected].
    Drafting Information: The primary authors of this regulation are: 
Nina Kelson, Hank Snyder, and J.D. Lee, Gulf Islands National Seashore; 
Sarah Bransom, Environmental Quality Division; and Kym Hall and Jerry 
Case, NPS, Washington, DC.

Public Participation

    If you wish to comment, you may submit your comments by any one of 
several methods. You may mail comments to Gulf Islands National 
Seashore, 1801 Gulf Breeze Parkway,

[[Page 13001]]

Gulf Breeze, FL 32563. You may also comment via the Internet to: 
[email protected]. Please also include ``PWC Rule'' in the subject line 
and your name and return address in the body of your Internet message. 
Finally, you may hand deliver comments to Gulf Islands National 
Seashore, 1801 Gulf Breeze Parkway, Gulf Breeze, FL 32563.
    Our practice is to make comments, including names and addresses of 
respondents, available for public review during regular business hours. 
Individual respondents may request that we withhold their home address 
from the rulemaking record, which we will honor to the extent 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. 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 or organizations or 
businesses, available for public inspection in their entirety.

List of Subjects in 36 CFR Part 7

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

    In consideration of the foregoing, the National Park Service 
proposes to amend 36 CFR part 7 as follows:

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

    1. The authority 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 D.C. Code 8-137 (1981) and D.C. Code 40-721 (1981).

    2. Add new paragraph (c) to Sec.  7.12 to read as follows:


Sec.  7.12  Gulf Islands National Seashore.

* * * * *
    (c) Personal Watercraft (PWC). (1) PWCs may operate within Gulf 
Islands National Seashore except in the following closed areas:
    (i) The lakes, ponds, lagoons and inlets of Cat Island, East Ship 
Island, West Ship Island, Horn Island, and Petit Bois Island;
    (ii) The lagoons of Perdido Key within Big Lagoon;
    (iii) The areas within 200 feet from the remnants of the old 
fishing pier and within 200 feet from the new fishing pier at Fort 
Pickens; and
    (iv) Within 200 feet of non-motorized vessels and people in the 
water.
    (2) PWC may not be operated at greater than flat wake speed in the 
following locations:
    (i) Within 0.5 miles from the shoreline or either side of the pier 
at the West Ship Island Pier;
    (ii) Within 0.5 miles from the shoreline on the designated 
wilderness islands of Horn and Petit Bois; and
    (iii) Within 300 yards from all other park shorelines.
    (3) PWC are allowed to beach at any point along the shore except as 
follows:
    (i) PWC may not beach in any restricted area listed in paragraph 
(c)(1) of this section; and
    (ii) PWC may not beach above the mean high tide line on the 
designated wilderness islands of Horn and Petit Bois.
    (4) The Superintendent may temporarily limit, restrict or terminate 
access to the areas designated for PWC use after taking into 
consideration public health and safety, natural and cultural resource 
protection, and other management activities and objectives.

    Dated: February 23, 2005.
Paul Hoffman,
Acting Assistant Secretary, Fish and Wildlife and Parks.
[FR Doc. 05-4734 Filed 3-16-05; 8:45 am]
BILLING CODE 4312-52-P