[Federal Register Volume 72, Number 148 (Thursday, August 2, 2007)]
[Rules and Regulations]
[Pages 42316-42317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3754]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket No. 0612242956-7411-02]
RIN 0648-AT18


Establishment of Marine Reserves and a Marine Conservation Area 
Within the Channel Islands National Marine Sanctuary; Correction

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

ACTION: Final rule; correction.

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SUMMARY: NOAA published a final rule on May 24, 2007 that established 
marine reserves and a marine conservation area in the Channel Islands 
Natioal Marine Sanctuary. That document contained a few clerical and 
printing errors. This document corrects and clarifies those three 
errors.

DATES: Pursuant to section 304(b) of the National Marine Sanctuaries 
Act, the final rule published on May 24, 2007 and the revised terms of 
designation shall take effect and become final after the close of a 
review period of 45 days of continuous session of Congress, that began 
on May 24, 2007. This correction only makes three non-substantive 
corrections and clarifications to that rule and does not change the 
calculation of the effective date. Announcement of the effective date 
of the final rule will be published in the Federal Register at a later 
date.

FOR FURTHER INFORMATION CONTACT: Sean Hastings, (805) 884-1472; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: NOAA published a document in the Federal 
Register on May 24, 2007 (72 FR 29208) establishing marine reserves and 
a marine conservation area in the Channel Islands National Marine 
Sanctuary. There was a printing error that requires clarification and 
two clerical errors that are being corrected by this document as 
described below.

Clarification of Changes to the Designation Document

    The printing error affected the way in which the changes to the 
original designation document were portrayed to the reader. They did 
not, however, affect the substance of the actual revision. The 
following clarifies for the reader the changes that were made to the 
designation document by the May 24, 2007 Federal Register notice. In 
this notice, certain conventions have been used to highlight the 
revisions that were made via the preamble to the May 24, 2007 rule. New 
language is shown inside boldfaced arrows while language that was 
deleted is set off with bold-faced brackets:

Beginning of Revised Designation Document

Preamble

    Under the authority of the Marine Protection, Research and 
Sanctuaries Act of 1972, Pub. L. 92-532, (the Act) the waters 
surrounding the northern Channel Islands and Santa Barbara Island are 
hereby designated a Marine Sanctuary for the purposes of preserving and 
protecting this unique and fragile ecological community.

Article 1. Effect of Designation

    Within the area designated as the Channel Islands National Marine 
Sanctuary (the Sanctuary), described in Article 2, the Act authorizes 
the promulgation of such regulations as are reasonable and necessary to 
protect the values of the Sanctuary. Article 4 of this Designation 
lists those activities which may require regulation, but the listing of 
any activity does not by itself prohibit or restrict it. Restrictions 
or prohibitions may be accomplished only through regulation, and 
additional activities may be regulated only by amending Article 4.

Article 2. Description of the Area

    The Sanctuary consists of an area of the waters off the coast of 
California, of approximately [1252.5] >1,128< square nautical miles 
[(nm)] >(nmi)< adjacent to the northern Channel Islands and Santa 
Barbara Island seaward to a distance of [6nm] >approximately 6

[[Page 42317]]

nmi<. The precise boundaries are defined by regulation.

Article 3. Characteristics of the Area That Give it Particular Value

    The Sanctuary is located in an area of upwelling and in a 
transition zone between the cold waters of the California Current and 
the warmer Southern California Countercurrent. Consequently, the 
Sanctuary contains an exceptionally rich and diverse biota, including 
30 species of marine mammals and several endangered species of marine 
mammals and sea birds. The Sanctuary will provide recreational 
experiences and scientific research opportunities and generally will 
have special value as an ecological, recreational, and esthetic 
resource.

Article 4. Scope of Regulation

Section 1. Activities Subject to Regulation
    In order to protect the distinctive values of the Sanctuary, the 
following activities may be regulated within the Sanctuary to the 
extent necessary to ensure the protection and preservation of its 
marine features and the ecological, recreational, and esthetic value of 
the area:
    a. Hydrocarbon operations
    b. Discharging or depositing any substance
    c. Dredging or alteration of, or construction on, the seabed
    d. Navigation of vessels except fishing vessels or vessels 
[travelling] >traveling< within a Vessel Traffic Separation Scheme or 
Port Access Route designated by the Coast Guard outside of 1 nmi from 
any island
    e. Disturbing marine mammals or birds by overflights below 1000 
feet
    f. Removing or otherwise deliberately harming cultural or 
historical resources
    >g. Within a marine reserve, marine park, or marine conservation 
area, harvesting, removing, taking, injuring, destroying, possessing, 
collecting, moving, or causing the loss of any Sanctuary resource, 
including living or dead organisms or historical resources, or 
attempting any of these activities
    h. Within a marine reserve, marine park, or marine conservation 
area, possessing fishing gear<
Section 2. Consistency With International Law
    The regulations governing the activities listed in Section 1 of 
this article will apply to foreign flag vessels and persons not 
citizens of the United States only to the extent consistent with 
recognized principles of international law including treaties and 
international agreements to which the United States is signatory.
Section 3. Emergency Regulations
    Where essential to prevent immediate, serious and irreversible 
damage to the ecosystem of the area, activities other than those listed 
in Section 1 may be regulated within the limits of the Act on an 
emergency basis for an interim period not to exceed 120 days, during 
which an appropriate amendment of this article would be proposed in 
accordance with the procedures specified in Article 6.

Article 5. Relation to Other Regulatory Programs

Section 1. Fishing
    The regulation of fishing is not authorized under Article 4>, 
except within portions of the Sanctuary designated as marine reserves, 
marine parks, or marine conservation areas established pursuant to the 
goals and objectives of the Sanctuary and within the scope of the State 
of California's Final Environmental Document ``Marine Protected Areas 
in NOAA's Channel Islands National Marine Sanctuary'' (California 
Department of Fish and Game, October 2002), certified by the California 
Fish and Game Commission<. However, fishing vessels may be regulated 
with respect to discharges in accordance with Article 4, Section 1, 
paragraph (b) and aircraft conducting kelp bed surveys below 1000 feet 
can be regulated in accordance with Article 4, Section 1, paragraph 
(e). All regulatory programs pertaining to fishing, including 
particularly regulations promulgated under the California Fish and Game 
Code and Fishery Management Plans promulgated under the Fishery 
Conservation and Management Act of 1976, 16 U.S.C. 1801 et seq., shall 
remain in effect. All permits, licenses and other authorizations issued 
pursuant thereto shall be valid within the Sanctuary unless authorizing 
any activity prohibited by any regulation implementing Article 4. 
Fishing as used in this article and in Article 4 includes kelp 
harvesting.
Section 2. Defense Activities
    The regulation of those activities listed in Article 4 shall not 
prohibit any activity conducted by the Department of Defense that is 
essential for national defense or because of emergency. Such activities 
shall be consistent with the regulations to the maximum extent 
practicable.
Section 3. Other Programs
    All applicable regulatory programs shall remain in effect and all 
permits, licenses and other authorizations issued pursuant thereto 
shall be valid within the Sanctuary unless authorizing any activity 
prohibited by any regulation implementing Article 4. The Sanctuary 
regulations shall set forth any necessary certification procedures.

Article 6. Alterations to This Designation

    This Designation can be altered only in accordance with the same 
procedures by which it has been made, including public hearings, 
consultation with interested federal and state agencies and the Pacific 
Regional Fishery Management Council, and approval by the President of 
the United States.

End of Revised Designation Document

Corrections

    In FR Doc. E7-10096 (published on May 24, 2007) make the following 
corrections:

0
1. Amend instruction number eight (page 29233) to read: ``Add Appendix 
B and Appendix C to subpart G to read as follows:''
0
2. Amend the heading for Appendix C to read: ``Appendix C to Subpart G 
of Part 922--Marine Conservation Area Boundary''

    Dated: July 26, 2007.
Elizabeth R. Scheffler,
Chief Financial Officer, Chief Administrator Officer, National Ocean 
Service.
[FR Doc. 07-3754 Filed 8-1-07; 8:45 am]
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