[Federal Register Volume 75, Number 177 (Tuesday, September 14, 2010)]
[Proposed Rules]
[Pages 55692-55698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22567]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket No. 070726412-0071-01]
RIN 0648-AV88


Proposed Research Area Within the Gray's Reef National Marine 
Sanctuary

AGENCY: Office of National Marine Sanctuaries (ONMS), National Oceanic 
and Atmospheric Administration (NOAA), Department of Commerce (DOC).

ACTION: Proposed rule.

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SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) is 
proposing to create a research area within the Gray's Reef National 
Marine Sanctuary (GRNMS, or Sanctuary). A research area is a region 
specifically designed for conducting controlled scientific studies in 
the absence of certain human activities that could affect the results. 
NOAA proposes to prohibit fishing, diving, and stopping while 
transiting in the proposed research area.

DATES: Comments must be received by December 13, 2010.
    Dates for public hearings are:
    (1) October 19, 6-8 p.m., Richmond Hill City Center, 529 Cedar 
Street, Richmond Hill, GA.
    (2) October 20, 6-8 p.m., Bulloch County Courthouse, 30 N. Main 
Street, Statesboro, GA.

[[Page 55693]]

    (3) October 21, 6-8 p.m., College of Coastal Georgia, Southeast 
Georgia Conference Center, 3700 Altama Avenue, Brunswick, GA.

ADDRESSES: You may submit comments, identified by 0648-AV88, by any one 
of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov 
(search for docket NOAA-NOS-2009-0103)
     Mail: Gray's Reef National Marine Sanctuary, 10 Ocean 
Science Circle, Savannah, GA 31411, Attn: Dr. George Sedberry, 
Superintendent.
    Instructions: No comments will be posted for public viewing until 
after the comment period has closed. All comments received are a part 
of the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying 
Information (for example, name, address, etc.) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit confidential 
business information or otherwise sensitive or protected information.
    ONMS will accept anonymous comments (enter N/A in the required 
fields, if you wish to remain anonymous). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
file formats only. Copies of the draft environmental impact statement 
and proposed rule can be downloaded or viewed on the Internet at http://www.regulations.gov (search for docket NOAA-NOS-2009-0103) or 
at http://graysreef.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Resource Protection Coordinator Becky 
Shortland at (912) 598-2381.

SUPPLEMENTARY INFORMATION: 

I. Background

A. Gray's Reef National Marine Sanctuary

    NOAA designated GRNMS as the nation's fourth national marine 
sanctuary in 1981 for the purposes of: protecting the quality of this 
unique and fragile ecological community; promoting scientific 
understanding of this live bottom ecosystem; and enhancing public 
awareness and wise use of this significant regional resource. GRNMS is 
located 16 miles offshore of Sapelo Island, Georgia, on an area of 
continental shelf stretching from Cape Hatteras, North Carolina, to 
Cape Canaveral, Florida (referred to as the South Atlantic Bight). 
GRNMS protects 16.68 square nautical miles of open ocean and submerged 
lands of particularly dense and nearshore patches of productive live 
bottom habitat. The sanctuary is influenced by complex ocean currents 
and serves as a mixing zone for temperate (colder water) and sub-
tropical species. An estimated 180 species of fish, encompassing a wide 
variety of sizes, forms, and ecological roles, have been recorded at 
GRNMS. Loggerhead sea turtles, a threatened species, use GRNMS year-
round for foraging and resting, and the highly endangered northern 
right whale is occasionally seen in Gray's Reef.
    The sanctuary contains one of the largest nearshore live-bottom 
reefs in the southeastern United States. Within the sanctuary, rock 
outcroppings stand above the shifting sands. The series of rock ledges 
and sand expanses has produced a complex habitat of burrows, troughs, 
and overhangs that provide a solid base for the abundant sessile 
invertebrates to attach and grow. This topography supports an unusual 
assemblage of temperate and tropical marine flora and fauna. This 
flourishing ecosystem attracts numerous species of benthic and pelagic 
fish including mackerel, grouper, red snapper, black sea bass, 
angelfish, and a host of other fishes. Since GRNMS lies in a transition 
area between temperate and tropical waters, the composition of reef 
fish populations changes seasonally.

B. Purpose and Need for Research Area

    In 2008, NOAA released a report on the condition of GRNMS providing 
a summary of the status of resources, pressures on those resources, 
current conditions and trends, and management responses to the 
pressures that threaten the integrity of the marine environment. 
Specifically, the document includes information on water quality, 
habitat, living resources, and maritime archaeological resources and 
the human activities that affect them. Overall, the resources protected 
by GRNMS appear to be in fair condition, as defined in the 2008 GRNMS 
condition report. Emerging threats to the sanctuary include invasive 
species, contamination of organisms by waterborne chemicals from human 
coastal activities, climate change and ever increasing coastal 
populations and recreational use of the sanctuary. For a copy of the 
2008 GRNMS condition report, please visit http://sanctuaries.noaa.gov/science/condition/grnms/welcome.html.
    NOAA's regulations for the sanctuary limit fishing gear in the 
sanctuary to rod and reel (which is used by the vast majority of users 
in the sanctuary), and handline. Despite these gear restrictions, 
fishing continues to impact the living marine resources and habitat of 
the sanctuary. Recreational fishing is the primary fishing activity and 
occurs throughout the sanctuary but tends to be concentrated in certain 
areas.
    Because fishing is allowed throughout the sanctuary, NOAA has 
limited options for gaining better management information on the 
effects it has on fish and invertebrate populations and their habitats. 
A research area would allow investigations to evaluate possible impacts 
from fishing--particularly bottom fishing--on the sanctuary's natural 
resources by providing a zone relatively free of human activities and 
impacts that can be compared to the rest of the sanctuary. The research 
area would also allow researchers to more accurately determine the 
effects of natural events (e.g., hurricanes) and cycles (e.g. droughts) 
on the sanctuary. The research area could also serve as an important 
sentinel site to monitor and study impacts of climate change, such as 
ocean acidification, which can be better determined in the absence of 
additional human factors such as fishing. Sentinel sites are areas well 
suited to ensure sustained observations of environmental change, to 
track indicators of ecosystem integrity, and to provide early warning 
services. Currently the effects of subtle natural variability may be 
masked by the sometimes overwhelming effect of fishing. The ability to 
conduct these investigations in a marine environment free of human 
influences is critical to meet the resource protection and scientific 
research mandates of the GRNMS.
    To provide for comprehensive and coordinated conservation and 
management of natural resources of GRNMS as required by the National 
Marine Sanctuaries Act (NMSA), research that includes a control or 
research area where human impacts are limited is needed. There are 
currently no natural live-bottom areas in the South Atlantic Bight that 
have been set aside for scientific use. Because GRNMS is relatively 
shallow, it affords the opportunity to conduct experiments and make 
observations using SCUBA in a productive reef habitat that is 
relatively close to shore. The proximity of the sanctuary to coastal 
universities and marine research laboratories makes GRNMS a logical 
natural area that can be used to further understanding and management 
of these complex ecosystems. There is scientific agreement that without 
having an area of the naturally occurring live bottom devoted to 
research, it becomes very difficult to understand how these reefs 
function in the life history of many economically valuable species, and 
the

[[Page 55694]]

effects of extractive uses on that productivity. NOAA believes the 
proposed action provides a balance between user concerns and the 
research opportunities that are emphasized in the sanctuary's goals and 
objectives.

C. Research Area Background

    The concept of a research (control) area within the sanctuary has 
been under discussion for many years. The idea was first raised by 
members of the public in 1999 during the early stages of the GRNMS 
management plan review process at public scoping meetings. The GRNMS 
advisory council set a target to increase the opportunity to 
distinguish scientifically between natural and human-induced change to 
species populations in the sanctuary (NMSP 2006). As a means to reach 
this target, the Sanctuary Advisory Council (SAC) formed a broad-based 
Research Area Working Group (RAWG) to consider the concept of a 
research area within the sanctuary.
    The RAWG consisted of representatives from research, academia, 
conservation groups, sport fishing and diving interests, education, 
commercial fishing, law enforcement and state and federal agency 
representatives. The RAWG employed a consensus-driven, constituent-
based process. A Geographic Information System (GIS) tool was also 
developed by NOAA to analyze options RAWG members brought forward; this 
tool is described in more detail in the environmental impact statement 
supporting this action.
    The principle conclusion of the RAWG, which was ultimately adopted 
by the entire SAC, was that significant research questions exist at 
GRNMS that can only be addressed by establishing a research area. The 
final SAC recommendations to NOAA, presented in 2008, also included the 
unanimous recommendation that all fishing be prohibited in the research 
area.
    In the decision to recommend prohibition of all fishing in the 
research area, the RAWG took into consideration new information on the 
growing knowledge of the linkages between benthic and pelagic natural 
communities. The RAWG also considered methods used by sport fishermen 
to fish both coastal pelagic and bottom fish (reef) species at the same 
time. In addition, downriggers and planers, currently permitted in the 
sanctuary, allow anglers to fish the entire water column, including 
near the bottom. These gear types can impact benthic communities and 
allow catch of bottom fish, a primary marine resource to be studied in 
the research area. Therefore, allowing any fishing including trolling 
for pelagic fish species could significantly compromise the integrity 
and effectiveness of a research area.
    Law enforcement officials expressed concern that the enforcement of 
prohibitions on fishing would be more difficult if diving or stationary 
vessels were allowed to continue in the research area, due to the 
difficulty of determining the activities of a boat's occupants from a 
distance or as officers approach a boat. The SAC also observed that any 
recreational diving activity in the research area would make law 
enforcement difficult and could undermine the validity of the research 
area.
    From 2004-2008, the RAWG and SAC also continued to evaluate 
criteria and boundaries utilizing the GIS tool and incorporating new 
information as it became available. Ultimately, four boundary scenarios 
were recommended as viable locations for a research area in GRNMS. 
These boundary scenarios and several activity restrictions became the 
focus of public scoping during March and April 2008. After 
consideration of public comments and deliberations by the RAWG, the 
sanctuary superintendent received final recommendations from the SAC in 
January 2009. The proposed action presented in this document are the 
direct result of the RAWG's recommendations that were adopted by the 
SAC and provided to GRNMS superintendent, and comments received during 
the spring 2008 public scoping. Several alternatives to the proposed 
action are analyzed in the accompanying draft environmental impact 
statement (DEIS).

E. South Atlantic Fishery Management Council

    The action recommended to GRNMS by the SAC would close the research 
area to all fishing activity. Therefore, pursuant to section 304(a)(5) 
of the National Marine Sanctuaries Act (16 U.S.C. 1434(a)(5); NMSA), 
NOAA's Office of National Marine Sanctuaries (ONMS) consulted with the 
South Atlantic Fishery Management Council (SAFMC or Council) to develop 
fishing regulations associated with this proposed research area.
    On March 4, 2009, the SAFMC passed a motion to: ``Defer to Gray's 
Reef NMS for rule-making in terms of the establishment of the Research 
Area.'' On April 22, 2009, the Council's decision to allow ONMS to 
draft the fishing regulations was formally communicated when the SAFMC 
sent a letter to the GRNMS Superintendent deferring fishing regulations 
for this action to the ONMS.

II. Proposed Revisions to GRNMS Terms of Designation

    Section 304(a)(4) of the NMSA requires that the terms of 
designation include the geographic area included within the Sanctuary; 
the characteristics of the area that give it conservation, 
recreational, ecological, historical, research, educational, or 
aesthetic value; and the types of activities subject to regulation by 
the Secretary to protect these characteristics. Section 304(a)(4) also 
specifies that the terms of designation may be modified only by the 
same procedures by which the original designation was made. To 
implement this action, NOAA proposes to modify the GRNMS terms of 
designation, which were most recently published in the Federal Register 
on October 12, 2006 (74 FR 60055), to read as follows (new text in bold 
and deleted text in brackets and italics):
    1. No change to Article 1, Designation and Effect
    2. No change to Article 2, Description of the Area
    3. No change to Article 3, Characteristics of the Area
    4. Article 4, Scope of Regulation, Section 1, Activities Subject to 
Regulation, is modified by:
    a. Modifying the 4th bullet of Section 1 to read as follows: 
``Injuring, catching, harvesting, or collecting any marine organism or 
any part thereof, living or dead, or attempting any of these 
activities;, [ by any means except by use of rod and reel, and handline 
gear;]''
    b. Modifying the 6th bullet of Section 1 as follows: ``Using 
explosives, or devices that produce electric charges underwater; [and''
    c. Modifying the 7th bullet of Section 1 as follows: ``Moving, 
removing, injuring, or possessing a historical resource, or attempting 
to move, remove, injure, or possess a historical resource[.] , and''
    d. Adding the following at the end of Section 1: ``8. Diving.''
    5. No Change to Article 5, Relation to Other Regulatory Programs
    6. No change to Article 6, Alteration of This Designation
    The revised terms of designation would read as follows:

Revised Designation Document for the Gray's Reef National Marine 
Sanctuary

Article 1. Designation and Effect

    The Gray's Reef National Marine Sanctuary was designated on January 
16, 1981 (46 FR 7942). The Act authorizes the Secretary of Commerce to

[[Page 55695]]

issue such regulations as are necessary to implement the designation, 
including managing and protecting the conservation, recreational, 
ecological, historical, cultural, archaeological, scientific, 
educational or aesthetic resources and qualities of a national marine 
sanctuary. Section 1 of Article 4 of this Designation Document lists 
activities of the type that are presently being regulated or may need 
to be regulated in the future, in order to protect sanctuary resources 
and qualities. Listing in Section 1 does not mean a type of activity is 
currently regulated or would be regulated in the future. If a type of 
activity is not listed, however, it may not be regulated except on an 
emergency basis, unless section 1 is amended to include the type of 
activity following the same procedures by which the original 
designation was made. Nothing in this Designation Document is intended 
to restrict activities that do not cause an adverse effect on the 
resources or qualities of the sanctuary or on sanctuary property or 
that do not pose a threat of harm to users of the sanctuary.

Article 2. Description of the Area

    The sanctuary consists of an area of ocean waters and the submerged 
lands thereunder located 17.5 nautical miles due east of Sapelo Island, 
Georgia. The exact coordinates are defined by regulation (15 CFR 
922.90).

Article 3. Characteristics of the Area

    The sanctuary consists of submerged calcareous sandstone rock reefs 
with contiguous shallow-buried hard layer and soft sedimentary regime 
which supports rich and diverse marine plants, invertebrates, finfish, 
turtles, and occasional marine mammals in an otherwise sparsely 
populated expanse of ocean seabed. The area attracts multiple human 
uses, including recreational fishing and diving, scientific research, 
and educational activities.

Article 4. Scope of Regulation

Section 1. Activities Subject to Regulation
    The following activities are subject to regulation under the NMSA. 
Such regulation may include prohibitions to ensure the protection and 
management of the conservation, recreational, ecological, historical, 
scientific, educational, cultural, archaeological or aesthetic 
resources and qualities of the area. Because an activity is listed here 
does not mean that such activity is being or would be regulated. If an 
activity is listed, however, the activity can be regulated, after 
compliance with all applicable regulatory laws, without going through 
the designation procedures required by paragraphs (a) and (b) of 
section 304 of the NMSA (16 U.S.C. 1434(a) and (b)).
    1. Dredging, drilling into, or otherwise altering the submerged 
lands of the sanctuary;
    2. Within the boundary of the sanctuary, discharging or depositing 
any material or other matter or constructing, placing, or abandoning 
any structure, material or other matter; or discharging or depositing 
any material or other matter outside the boundary of the sanctuary that 
subsequently enters the sanctuary and injures a sanctuary resource or 
quality;
    3. Vessel operations, including anchoring;
    4. Injuring, catching, harvesting, or collecting any marine 
organism or any part thereof, living or dead, or attempting any of 
these activities;
    5. Possessing fishing gear that is not allowed to be used in the 
sanctuary;
    6. Using explosives, or devices that produce electric charges 
underwater;
    7. Moving, removing, injuring, or possessing a historical resource, 
or attempting to move, remove, injure, or possess a historical 
resource; and
    8. Diving.
Section 2. Emergency Regulation
    Where necessary to prevent or minimize the destruction of, loss of, 
or injury to a sanctuary resource or quality; or to minimize the 
imminent risk of such destruction, loss or injury, any activity, 
including any not listed in Section 1 of this Article, is subject to 
immediate temporary regulation, including prohibition.

Article 5. Relation to Other Regulatory Programs

Section 1. Defense Activities
    The regulation of activities listed in Article 4 shall not prohibit 
any Department of Defense activity that is essential for national 
defense or because of emergency. Such activities shall be consistent 
with the regulations to the maximum extent practical.
Section 2. Other Programs
    All applicable regulatory programs will 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 a regulation implementing Article 4.

Article 6. Alteration of This Designation

    The terms of designation, as defined under section 304(a) of the 
Act, may be modified only by the procedures outlined in paragraphs (a) 
and (b) of section 304 of the Act including public hearings, 
consultation with interested Federal, State, and local government 
agencies, and the South Atlantic Fishery Management Council, review by 
the appropriate congressional committees, and approval by the Secretary 
of Commerce or designee.

[End of designation document]

III. Summary of Proposed Revisions to the Sanctuary Regulations

A. Establishment of a Research Area

    The proposed regulations would establish a research area within the 
GRNMS that would prohibit fishing, diving and stopping a vessel within 
the area. This area is referred to as the Southern Boundary Option. 
Please refer to the GRNMS Web site and the draft environmental impact 
statement supporting this rulemaking for more information and a map 
depicting the location of the proposed research area within the GRNMS. 
The research area, which would occupy the southern portion of the 
GRNMS, would be wholly within the boundary of the sanctuary and would 
not change its overall size. The total area that would be designated as 
a research area inside GRNMS would be 6.25 square nautical miles (see 
the Appendix for coordinates).
    According to boat sighting data from 1999-2007, only 9.2 percent of 
boats sighted in the sanctuary visited or transited the area of the 
proposed research area, leading to the conclusion that this area is not 
as popular with sport fishermen and sport divers as the north-central 
portion of the sanctuary. NOAA believes the proposed action provides a 
balance between user concerns and the research opportunities that are 
emphasized in the sanctuary's goals and objectives.

B. Activities Prohibited Within the Research Area

    If adopted, the regulatory changes would prohibit: (1) Injuring, 
catching, harvesting, or collecting sanctuary resources (including by 
fishing); (2) diving within the research area; and (3) stopping a 
vessel in the research area. The proposed regulations would add 
prohibitions specific to the research area in addition to the existing 
prohibitions set out in 922.92, which apply throughout the Sanctuary. 
In the proposed research area, the following activities would be 
prohibited and thus unlawful for any person to conduct or cause to be 
conducted: Injuring, catching, harvesting, or collecting, or attempting 
to injure, catch, harvest, or collect, any marine organism, or any

[[Page 55696]]

part thereof, living or dead (there would be a rebuttable presumption 
that any marine organism or part thereof, living or dead, found in the 
possession of a person within the research area has been collected from 
the research area); possessing, carrying, or using any fishing gear or 
means for fishing unless such gear or means is stowed and not available 
for immediate use while on board a vessel transiting through the 
research area without interruption or for valid law enforcement 
purposes; diving; stopping a vessel when transiting the research area.

C. Enforcement

    If adopted, the proposed regulations would be enforced by NOAA and 
other authorized agencies (i.e., United States Coast Guard, and Georgia 
Department of Natural Resources) in a coordinated and comprehensive 
way. Enforcement actions for an infraction would be prosecuted under 
the appropriate statutes or regulations governing that infraction. The 
prohibition against catching or harvesting marine organisms would 
include a rebuttable presumption that any marine organism or part 
thereof found in the possession of a person within the research area 
has been collected from the research area.

D. Permitting

    If adopted, a research area in the southern portion of the 
sanctuary would provide researchers a valuable opportunity to discern 
between human-induced and natural changes in the Gray's Reef area. 
Researchers would be required to obtain permits to conduct activities 
related to research that would otherwise be prohibited by the 
regulations.
    The ONMS regulations, including the regulations for the GRNMS, 
allow NOAA to issue permits to conduct activities that would otherwise 
be prohibited by the regulations (15 CFR 922 and 922.93). Most permits 
are issued by the Superintendent of the GRNMS. Requirements for filing 
permit applications are specified in ONMS regulations and the Office of 
Management and Budget-approved application guidelines (OMB control 
number 0648-0141). Criteria for reviewing permit applications are also 
contained in the ONMS regulations at 15 CFR 922.93. In general, permits 
may be issued for activities related to scientific research, education, 
and management.

IV. Classification

A. National Marine Sanctuaries Act

    Section 301(b) of the National Marine Sanctuaries Act (NMSA; 16 
U.S.C. 1434) provides authority for comprehensive and coordinated 
conservation and management of national marine sanctuaries in 
coordination with other resource management authorities. Section 
304(a)(4) of the NMSA requires the procedures specified in section 304 
for designating a national marine sanctuary be followed for modifying 
any term of designation. This action proposes to revise the terms of 
designation (e.g., scope of regulations) for the GRNMS. Therefore, NOAA 
is required to comply with Section 304. In addition, Section 304(a)(5) 
of the NMSA requires that NOAA consult with the appropriate fishery 
management council on any action proposing to regulate fishing. As 
stated in the preamble above, NOAA has worked with the South Atlantic 
Fishery Management Council, State of Georgia, and NOAA Fisheries 
Service on this issue and all necessary requirements have been 
completed. In accordance with Section 304, the appropriate documents 
are being submitted to the specified Congressional committees.

B. National Environmental Policy Act

    In accordance with Section 304(a)(2) of the NMSA (16 U.S.C. 
1434(a)(2)), and the provisions of the National Environmental Policy 
Act (NEPA; 42 U.S.C. 4321-4370(a)), a DEIS has been prepared for this 
proposed action. The DEIS contains a statement of the purpose and need 
for the project, description of proposed alternatives including the no 
action alternative, description of the affected environment, and 
evaluation and comparison of environmental consequences including 
cumulative impacts. The preferred alternative incorporates the creation 
of a research area in the Southern Option Boundary, and proposed 
prohibition of fishing, diving, and stopping a vessel while transiting 
through the research area. Copies of the DEIS are available upon 
request at the address and Web site listed in the ADDRESSES section of 
this rule.

C. Executive Order 12866: Regulatory Impact

    Under Executive Order (E.O.) 12866, if the proposed regulations are 
``significant'' as defined in section 3(f)(1), (2), (3), or (4) of the 
Order, an assessment of the potential costs and benefits of the 
regulatory action must be prepared and submitted to the Office of 
Management and Budget. This proposed rule has been determined to be not 
significant within the meaning of E.O. 12866.

D. Executive Order 13132: Federalism Assessment

    All of the proposed actions would occur in the Exclusive Economic 
Zone beyond state jurisdiction. There are no federalism implications as 
that term is used in E.O. 13132. The changes will not preempt State 
law, but will simply complement existing State authorities. In keeping 
with the intent of the Order, NOAA consulted with a number of entities 
within the region, the State of Georgia, and the South Atlantic Fishery 
Management Council which participated in development of the research 
area.

E. Regulatory Flexibility Act

    In accordance with the requirements of section 603(a) of the 
Regulatory Flexibility Act (RFA; 5 U.S.C. 603(a)), NOAA has prepared an 
initial regulatory flexibility analysis (IRFA) describing the impact of 
the proposed action on small businesses. Section 603(b) (5 U.S.C. 
603(b)) requires that each IRFA contain a description of the reasons 
the action is being considered, a succinct statement of the objectives 
of, and legal basis for, the action, a description of and, where 
feasible, an estimate of the number of small entities to which the 
proposed action will apply, a description of the projected reporting, 
recordkeeping and other compliance requirements of the proposed action, 
including an estimate of the classes of small entities which would be 
subject to the requirement and the type of professional skills 
necessary for preparation of the report or record, and an 
identification, to the extent practicable, of all relevant Federal 
rules which may duplicate, overlap or conflict with the proposed 
action.
    In addition, section 603(c) (5 U.S.C. 603(c)) requires that each 
IRFA contain a description of any significant alternatives to the 
proposed action which accomplish the stated objectives of applicable 
statutes and which minimize any significant economic impact of the 
proposed action on small entities. A statement of why NOAA is 
considering this action and the objectives of, and legal basis for, the 
proposed rule is contained in the preamble section for the proposed 
rule and is not repeated here. The analysis conducted to meet the 
remaining requirements under the RFA follows.

[[Page 55697]]

Initial Regulatory Flexibility Act Analysis
    The Small Business Administration has established thresholds on the 
designation of businesses as ``small entities.'' A fish-harvesting 
business is considered a ``small'' business if it has annual receipts 
not in excess of $3.5 million (13 CFR 121.201). Sports and recreation 
businesses and scenic and sightseeing transportation businesses are 
considered ``small'' businesses if they have annual receipts not in 
excess of $6 million (13 CFR 121.201). According to these limits, each 
of the businesses listed below are considered small entities. All 
analyses are based on the most recently updated and best available 
information.
    In 2002, a survey of charter fishing boat owners/operators was 
completed. This survey identified 15 charter boats that utilize GRNMS 
as one of their fishing locations. It was estimated that their 2001 
total gross revenue was $1,029,000 and their total operating expenses 
was $582,000 with total profit of $447,000. Converting these values to 
2008 dollars using the consumer price index results in gross revenue of 
$1,251,264, total operating expenses of $707,712, and total profit of 
$543,552. The survey found that approximately 40 percent of their 
fishing activity took place in GRNMS.
    The economic impact of the five alternatives considered for this 
action, and further described in the DEIS, can be estimated by 
combining results from the 2002 survey with boat location analysis 
completed in 2008. The results of this analysis are summarized in Table 
1. The five alternatives contain a no action alternative (i.e., no 
designation of a research area) and four alternatives distinguished by 
different locations within the sanctuary and by varying sizes. The 
Southern Boundary Option (preferred) impacts 9 percent of recreational 
fishing resulting in impacts of $46K to total gross revenue and $20K to 
total profit. The Optimal Scientific Boundary Option impacts 67 percent 
of recreational fishing resulting in impacts of $335K to total gross 
revenue and $146K to total profit. The Minimal User Impact Boundary 
Option impacts 15 percent of recreational fishing resulting in impacts 
of $75K to total gross revenue and $32K to total profit. The Compromise 
Boundary Option impacts 35 percent of recreational fishing resulting in 
impacts of $175K to total gross revenue and $76K to total profit.
    This analysis assumes that all economic value associated with the 
areas closed is lost. Any factor that could mitigate or off-set the 
level of impact is not addressed. The estimated impacts are thought of 
as ``maximum potential losses'' because impacted businesses may take 
action to at least mitigate or off-set most losses (i.e., by conducting 
charter operations somewhere nearby).

   Table 1--Estimated Economic Impacts to Recreational Charter Fishing
                  Businesses by Alternative, in 2008 $
------------------------------------------------------------------------
                                           Total impact
         Alternative            Percent      to gross      Total impact
                                 impact       revenue        to profit
------------------------------------------------------------------------
No Action....................          0  ..............  ..............
Southern Boundary Options              9          46,047          20,003
 (preferred).................
Optimal Scientific Boundary           67         335,339         145,672
 Option......................
Minimal User Impact Boundary          15          75,076          32,613
 Option......................
Compromise Boundary Option...         35         175,177          76,097
------------------------------------------------------------------------

    No economic impact is expected to result to recreational charter 
diving businesses because there appear to be none currently operating 
within the sanctuary. In September 2007, in-person interviews were 
conducted with all businesses and organizations offering scuba diving 
trips along the Georgia coast. Four charter scuba operations and one 
scuba diving club were identified and interviewed. The interviews 
gathered information that included operating profiles, preferred diving 
locations and methods, detailed business data (revenue and costs), and 
general opinions of the current state of scuba diving and spearfishing 
off the Georgia coast. None of the businesses offer scuba diving trips 
to GRNMS.

F. Paperwork Reduction Act

    This rule contains a collection-of-information requirement subject 
to the Paperwork Reduction Act (PRA) which has been approved by OMB 
under control number 0648-0141. The public reporting burden for 
national marine sanctuary permits is estimated to average 1 hour per 
response, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information.
    Nationwide, NOAA issues approximately 200 national marine sanctuary 
permits each year. Of this amount, three permits are active for 
research activities within the GRNMS. Even though this proposed rule 
may result in a few additional permits applications for scientific 
research at GRNMS, this rule would not appreciably change the average 
annual number of respondents or the reporting burden for this 
information requirement. Therefore, NOAA has determined that the 
proposed regulations do not necessitate a modification to its 
information collection approval by the Office of Management and Budget 
under the Paperwork Reduction Act.
    Send comments regarding this burden estimate, or any other aspect 
of this data collection, including suggestions for reducing the burden, 
to NOAA (see ADDRESSES) and by e-mail to [email protected], or 
fax to (202) 395-7285. Notwithstanding any other provision of the law, 
no person is required to respond to, nor shall any person be subject to 
a penalty for failure to comply with, a collection of information 
subject to the requirements of the PRA, unless that collection of 
information displays a currently valid OMB Control Number.

List of Subjects in 15 CFR Part 922

    Administrative practice and procedure, Coastal zone, Education, 
Environmental protection, Marine resources, Natural resources, 
Penalties, Recreation and recreation areas, Reporting and recordkeeping 
requirements, Research.

    Dated: September 3, 2010.
Holly Bamford,
Acting Deputy Assistant Administrator for Ocean Services and Coastal 
Zone Management.
    Accordingly, for the reasons set forth above, 15 CFR part 922 is 
proposed to be amended as follows:

[[Page 55698]]

PART 922--NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS

    1. The authority citation for Part 922 continues to read as 
follows:

    Authority: 16 U.S.C. 1431 et seq.

    2. In Sec.  922.92, revise the section heading to read as follows:


Sec.  922.92  Prohibited or otherwise regulated activities--Sanctuary-
wide.

* * * * *
    3. In Sec.  922.93, revise paragraph (a) to read as follows:


Sec.  922.93  Permit procedures and criteria.

    (a) A person may conduct an activity prohibited by Sec.  
922.92(a)(1) through (a)(10) and Sec.  922.94 if conducted in 
accordance within the scope, purpose, manner, terms and conditions of a 
permit issued under this section and Sec.  922.48.
* * * * *
    4. Add Sec.  922.94 to Subpart I to read as follows:


Sec.  922.94  Prohibited or otherwise regulated activities--Research 
area.

    In addition to the prohibitions set out in Sec.  922.92, which 
apply throughout the Sanctuary, the following activities are prohibited 
and thus unlawful for any person to conduct or cause to be conducted 
within the research area described in Appendix A to this subpart. The 
exceptions described in Sec.  922.92(a) and (b) also apply to the 
prohibitions in this section:
    (a)(1)(i) Injuring, catching, harvesting, or collecting, or 
attempting to injure, catch, harvest, or collect, any marine organism, 
or any part thereof, living or dead.
    (ii) There shall be a rebuttable presumption that any marine 
organism or part thereof referenced in this paragraph found in the 
possession of a person within the research area has been collected from 
the research area.
    (2) Using any fishing gear or means for fishing, or possessing, or 
carrying any fishing gear or means for fishing unless such gear or 
means is stowed and not available for immediate use while on board a 
vessel transiting through the research area without interruption or for 
valid law enforcement purposes.
    (3) Diving.
    (4) Stopping a vessel in the research area.
    (b) [Reserved]
    5. Add Appendix A to Subpart I to read as follows:

Appendix A to Subpart I of Part 922--Gray's Reef National Marine 
Sanctuary Research Area Boundary Coordinates

[Coordinates listed in this Appendix are unprojected (Geographic) 
and based on the North American Datum of 1983.]

    The research area boundary is defined by the coordinates 
provided in Table 1 and the following textual description. The 
research area boundary extends from Point 1, the southwest corner of 
the sanctuary, to Point 2 along a straight line following the 
western boundary of the Sanctuary. It then extends along a straight 
line from Point 2 to Point 3, which is on the eastern boundary of 
GRNMS. The boundary then follows the eastern boundary line of the 
sanctuary southward until it intersects the line of the southern 
boundary of GRNMS at Point 4, the southeastern corner of the 
sanctuary. The last straight line is defined by connecting Point 4 
and Point 5, along the southern boundary of the GRNMS.

               Table 1--Coordinates for the Research Area
------------------------------------------------------------------------
     Point ID            Latitude (north)           Longitude (west)
------------------------------------------------------------------------
1.................  31.36250 N...............  -80.92111 W
2.................  31.38444 N...............  -80.92111 W
3.................  31.38444 N...............  -80.82806 W
4.................  31.36250 N...............  -80.82806 W
5.................  31.36250 N...............  -80.92111 W
------------------------------------------------------------------------

[FR Doc. 2010-22567 Filed 9-10-10; 11:15 am]
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