[Federal Register Volume 89, Number 110 (Thursday, June 6, 2024)]
[Rules and Regulations]
[Pages 48272-48291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11982]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket No. 240329-0091]
RIN 0648-BJ62


Lake Ontario National Marine Sanctuary; Final Regulations

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

ACTION: Final rule.

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SUMMARY: NOAA is issuing final regulations for the designation of the 
Lake Ontario National Marine Sanctuary (LONMS) in eastern Lake Ontario 
to recognize the national significance of the area's historical, 
archaeological, and cultural resources and to manage this special place 
as part of the National Marine Sanctuary System. The area encompasses 
1,300 nmi\2\ (1,722 mi\2\) of eastern Lake Ontario waters and borders 
Wayne, Cayuga, Oswego, and Jefferson counties. NOAA will co-manage 
LONMS with New York State.

DATES:  Effective Date: Pursuant to section 304(b) of the National 
Marine Sanctuaries Act (NMSA) (16 U.S.C. 1434(b)), the designation and 
regulations shall take effect and become final after the close of a 
review period of forty-five days of continuous session of Congress, 
beginning on the date on which this Federal rulemaking is published, 
which is June 6, 2024, unless the Governor of the State of New York 
certifies to the Secretary of Commerce during that same review period 
that the designation or any of its terms is unacceptable, in which case 
the designation or any unacceptable term shall not take effect. The 
public can track days of Congressional session at the following 
website: https://www.congress.gov/days-in-session. NOAA will publish an 
announcement of the effective date of the final regulations in the 
Federal Register.
    NOAA is staying the effective date of Sec.  922.223(a)(3), until 
July 21, 2026. All other regulatory provisions will become effective on 
the effective date of this final rule.

ADDRESSES: Copies of the final environmental impact statement (FEIS) 
and management plan described in this rule and the record of decision 
(ROD) are available at https://sanctuaries.noaa.gov/lake-ontario/.

FOR FURTHER INFORMATION CONTACT: Ellen Brody, 734-741- 2270, 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

A. Background

    The National Marine Sanctuaries Act (NMSA; 16 U.S.C. 1431 et seq.) 
authorizes the Secretary of Commerce (Secretary) to designate and 
protect as national marine sanctuaries areas of the marine environment 
that are of special national significance due to their conservation, 
recreational, ecological, historical, scientific, cultural, 
archaeological, educational, or esthetic qualities. Day-to-day 
management of national marine sanctuaries has been delegated by the 
Secretary to NOAA's Office of National Marine Sanctuaries (ONMS). The 
primary objective of the NMSA is to protect the resources of the 
National Marine Sanctuary System.
    NOAA is designating the Lake Ontario National Marine Sanctuary 
(LONMS) in eastern Lake Ontario to recognize the national significance 
of the area's historical, archaeological, and cultural resources and to 
manage this special place as part of the National Marine Sanctuary 
System. To designate a national marine sanctuary, NOAA will set a 
boundary to delineate the borders

[[Page 48273]]

of the sanctuary; run the site as a part of the National Marine 
Sanctuary System under the National Marine Sanctuaries Act; establish 
site-specific regulations to protect underwater cultural and historical 
resources; and implement a management plan that provides a 
comprehensive, long-term plan to manage the sanctuary and interpret the 
significance of the resources and surrounding area to the public. The 
sanctuary boundary encompasses 1,300 nmi\2\ (1,722 mi\2\) of eastern 
Lake Ontario waters and borders Wayne, Cayuga, Oswego, and Jefferson 
counties. NOAA will co-manage LONMS with New York State.
    Eastern Lake Ontario is one of the most historically significant 
regions in the Great Lakes and the country. Approximately 1,000 years 
ago, the distinct cultural groups living along the lake shoreline had 
unified as the Haudenosaunee Confederacy. Portions of the original 
homelands of the Onondaga Nation, Cayuga Nation, Seneca Nation, and 
Oneida Nation lie within the boundaries of the sanctuary. This region 
has been critical to maritime trade for centuries, and it also 
represents a diverse array of important events in our Nation's history 
from military conflicts, maritime innovation, and American expansion to 
the west. During the colonial period, Lake Ontario was a strategic 
theater of conflict among European powers and the young American 
republic. Military actions occurred in the region during the French and 
Indian War, Revolutionary War, and the War of 1812. Later, this region 
was critical to the development of the American West and the Nation's 
industrial core. One of the more tangible and identifiable assets of 
this history were the vessels that plied Lake Ontario's waters. 
Carrying goods, people, and the community histories of the Great Lakes 
region, some of these vessels encountered treacherous conditions and 
sank. The cold, fresh water of the Great Lakes has preserved a number 
of these shipwrecks along with their historical and cultural context, 
making them a cornerstone for the protection, study, and interpretation 
offered by national marine sanctuaries.
    LONMS contains 41 known shipwrecks and one known submerged 
aircraft, including one shipwreck (St. Peter) listed on the National 
Register of Historic Places and another listed as a New York State 
Submerged Cultural Preserve and Dive Site (David Mills). This area may 
also include approximately 19 additional potential shipwreck sites 
(shipwrecks which may exist, but additional research is needed to 
verify and describe them); three aircraft; and several other underwater 
archaeological sites, such as remnants of piers, aids to navigation, 
historic middens, and historic properties that may be of religious and 
cultural significance to Indigenous Nations and Tribes. At this time, 
NOAA is unaware of any foreign sovereign shipwrecks located within the 
sanctuary boundary.
    The exceptional archaeological, historical, and recreational value 
of these assets spans centuries, as demonstrated by the commercial 
schooner Washington that was built in 1797, and U.S. Coast Guard Cable 
Boat 56022, which was lost under tow in 1977. The sanctuary will also 
include early American commercial vessels, submerged battlefields from 
the Seven Years War and War of 1812 (at Oswego and Sackets Harbor, 
respectively), and stellar examples of innovative technologies in 
shipbuilding from the last two centuries.

B. Need for Action

    The National Marine Sanctuaries Act (NMSA; 16 U.S.C. 1431 et seq.) 
authorizes the Secretary of Commerce (Secretary) to designate new 
national marine sanctuaries to meet the purposes and policies of the 
NMSA, including:
     ``to identify and designate as national marine sanctuaries 
areas of the marine environment which are of special national 
significance and to manage these areas as the National Marine Sanctuary 
System'' (16 U.S.C. 1431(b)(1));
     ``to provide authority for comprehensive and coordinated 
conservation and management of these marine areas, and activities 
affecting them, in a manner which complements existing regulatory 
authorities'' (16 U.S.C. 1431(b)(2)); and
     ``to facilitate to the extent compatible with the primary 
objective of resource protection, all public and private uses of the 
resources of these marine areas not prohibited pursuant to other 
authorities'' (16 U.S.C. 1431(b)(6)).
    The nationally significant underwater cultural and historical 
resources within the sanctuary require long-term protection and 
management to reduce threats that adversely affect their historical, 
cultural, archaeological, recreational, and educational value. For 
example, many of the shipwrecks in the sanctuary, which have a high 
level of structural integrity as a result of the preservative 
properties of the cold, fresh water of Lake Ontario and the great depth 
at which several of them lie, are threatened by both natural processes 
and human activities. These threats include wind, waves, currents, 
storms, and ice; invasive species such as zebra and quagga mussels, 
which currently cover many shipwrecks; anchors and grappling hooks from 
dive boats; poorly attached mooring lines; artifact removal; artifacts 
being moved within a shipwreck site; and entanglement from remotely 
operated vehicle tethers and fishing gear.
    Accordingly, NOAA is designating this area as a national marine 
sanctuary to: (1) manage and protect nationally significant underwater 
cultural and historical resources through a regulatory and 
nonregulatory framework; (2) document, further locate, and monitor 
these resources; (3) provide interpretation of their cultural, 
historical, and educational value to the public; and (4) promote public 
stewardship and responsible use of these resources for their 
recreational value.
    Establishing a national marine sanctuary in eastern Lake Ontario 
will: (a) allow NOAA to complement and supplement existing State and 
Federal efforts to protect underwater cultural and historical resources 
and actively manage, study, and interpret them for the public; (b) 
through outreach and communication, recognize and promote this area's 
nationally significant historical and cultural properties; (c) provide 
access to NOAA's extended network of scientific expertise and 
technological resources, enhance ongoing research, and provide an 
umbrella for the coordination of these activities; (d) create and build 
upon existing educational initiatives and provide programming and 
technology for students, teachers, and the general public across the 
country; (e) enhance and facilitate public stewardship of underwater 
cultural and historical resources; and (f) bolster broader lake 
conservation efforts and stimulate maritime heritage-related tourism in 
the many communities that have embraced their centuries-long 
relationship with Lake Ontario, the St. Lawrence River, the Great Lakes 
region, and the Nation.

C. Designation Process

1. Notice of Intent To Designate a National Marine Sanctuary
    On January 17, 2017, leaders of four New York counties (Oswego, 
Jefferson, Cayuga, and Wayne) and the City of Oswego, with support from 
the Governor of New York, submitted a nomination to NOAA through the 
Sanctuary Nomination Process (SNP) (79 FR 33851) asking NOAA to 
consider designating a national marine sanctuary in eastern Lake 
Ontario waters to protect, and increase awareness of, a nationally 
significant collection of

[[Page 48274]]

submerged maritime heritage resources; build new partnerships for 
research and education; and promote tourism and economic development 
opportunities. NOAA completed its review of the nomination and, on 
March 21, 2017, added the area to the inventory of nominations eligible 
for designation. All nominations submitted to NOAA can be found at: 
https://nominate.noaa.gov/nominations/. NOAA's decision to initiate a 
designation is based on a number of factors, including the need for 
resource protection, community and stakeholder support, and agency 
capacity. NOAA chose to move forward with designating LONMS because its 
designation would advance the goals of the National Marine Sanctuaries 
Act and increase the diversity of national marine sanctuary sites by 
including historical and cultural resources not represented elsewhere 
in the National Marine Sanctuary System. NOAA also considered the 
excellent condition of the resources located within the nominated area.
    On April 17, 2019, NOAA began the sanctuary designation process for 
LONMS by publishing a notice of intent (84 FR 16004, April 17, 2019) to 
prepare a draft environmental impact statement (DEIS) and to initiate 
the public scoping process as required by the National Marine 
Sanctuaries Act (NMSA) and the National Environmental Policy Act 
(NEPA). The notice of intent also announced NOAA's intent to fulfill 
its responsibilities under the National Historic Preservation Act 
(NHPA).
    NOAA established a Sanctuary Advisory Council in 2020 to bring 
members of the local community together to provide advice to NOAA, to 
serve as a liaison with the nominating community, and to assist in 
guiding NOAA through the designation process. The council consists of 
15 members in the following seats: citizens-at-large, divers/dive 
clubs/shipwreck explorers, maritime history, education, tourism, 
economic development, recreational fishing, and shoreline property 
owners. In addition, representatives of the four counties, the city of 
Oswego, the U.S. Coast Guard, the Port of Oswego Authority, New York 
Sea Grant, and New York State are non-voting members.
2. Draft Environmental Impact Statement and Public Comment
    In accordance with NEPA (42 U.S.C. 4321 et seq.) and the NMSA (16 
U.S.C. 1434), NOAA published a DEIS and draft management plan for the 
national marine sanctuary designation on July 7, 2021 (86 FR 35757). 
The DEIS (https://nmssanctuaries.blob.core.windows.net/sanctuaries-prod/media/docs/20210701-proposed-lake-ontario-national-marine-sanctuary-draft-environmental-impact-statement.pdf) described the 
purpose and need for the proposed action, identified a range of 
alternatives, evaluated the environmental consequences of the proposed 
designation of a national marine sanctuary, and provided an assessment 
of resources and uses in the area. NOAA included three alternatives in 
the DEIS: (1) a ``no action'' alternative where the area would not 
become a national marine sanctuary; (2) an alternative that would 
include 1,349 nm\2\ (1,786 mi\2\) in eastern Lake Ontario and the 
Thousand Islands region of the St. Lawrence River; and (3) an 
alternative that would include 1,300 nmi\2\ (1,724 mi\2\) in eastern 
Lake Ontario without the St. Lawrence River. The DEIS also described 
proposed regulatory concepts and non-regulatory management actions 
outlined in the draft management plan to identify the tools employed by 
NOAA to manage the sanctuary, such as research and monitoring, 
education and outreach, tourism and economic development, sanctuary 
resource protection, and sanctuary operations. NOAA did not select a 
preferred alternative in the DEIS.
    During the public comment period on the DEIS and draft management 
plan, NOAA held four virtual public meetings. NOAA received 87 separate 
comments either through www.regulations.gov, by mail, or during the 
virtual public meetings. All comments on the DEIS are available at the 
Regulations.gov website.\1\ NOAA's response to the public comments is 
set forth in Section IV of this document and Appendix E of the final 
environmental impact statement, which was made available to the public 
on April 19, 2024 (89 FR 28771).
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    \1\ Public comments are available for review at https://www.regulations.gov/docket/NOAA-NOS-2021-0050. The comment period on 
the DEIS started on July 7, 2021 and ended on September 10, 2021.
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3. The Proposed Rule
    On January 19, 2023, NOAA published a notice of proposed rulemaking 
(NPRM) for the sanctuary designation of approximately 1,302 nmi\2\ 
(1,724 mi\2\) of eastern Lake Ontario waters (88 FR 3334). NOAA 
solicited public comment on the proposed rule from January 19, 2023 to 
March 20, 2023. NOAA accepted comments in the form of letters and 
written comments through electronic submissions to http://regulations.gov, letters submitted by mail, and both in-person and 
virtual public hearings. NOAA received 96 comments during the public 
comment period on the NPRM. All public comments on the proposed 
designation are available at https://www.regulations.gov/document/NOAA-NOS-2021-0050-0077. NOAA's response to the public comments is set forth 
in Section IV of this document and Appendix E of the final 
environmental impact statement, which was made available to the public 
on April 19, 2024 (89 FR 28771).

II. Changes From Proposed to Final Regulations

    Based on public comments received between January and March 2023, 
internal deliberations, interagency consultations, meetings with 
constituent groups, and evaluation of this input with the State of New 
York, NOAA has made the following changes to the proposed rule and 
corresponding changes to the FEIS and management plan.

A. Sanctuary Boundary

    In response to public comments and discussions with New York State, 
NOAA modified the sanctuary area from 1,724 square miles to 1,722 
square miles. The final boundary includes 41 known shipwrecks and one 
known submerged aircraft; approximately 19 additional potential 
shipwreck sites; three aircraft; and several other underwater 
archaeological sites, such as remnants of piers, aids to navigation, 
and historic properties that may be of religious and cultural 
significance to Indigenous Nations and Tribes. Specific changes 
include: revising the known shipwreck number from 43 to 41 due to 
removing the wreck of the Congercoal, which NOAA has been advised is 
outside of the sanctuary boundary, and the wreck of the Jefferson, 
which is on private property; revising the potential shipwreck site 
count from 20 to 19 due to the positive identification of the schooner 
Napoleon; moving the eastern edge of the boundary from the Town of Cape 
Vincent to Tibbetts Point Lighthouse to ensure that no portion of the 
St. Lawrence River is included within the sanctuary; amending the 
boundary coordinates and preamble language to clarify that East Bay, 
Port Bay, Blind Sodus Bay, North Pond, South Colwell Pond, Goose Pond, 
Floodwood Pond, and Black Pond are not included within the boundaries 
of the sanctuary; updating the name from ``Great Sodus'' to ``Sodus 
Bay'' and ``Little Sodus'' to ``Little Sodus Bay'' in the list of ports 
and harbors excluded from the sanctuary; adding language to the 
description of the Low Water Datum

[[Page 48275]]

and the 1985 International Great Lakes Datum to clarify that the 
boundary will reflect any updates to either datum made in the future.

B. Effective Date of the Prohibition on Grappling Into or Anchoring on 
Shipwreck Sites

    As explained above in the DATES section of this document, NOAA 
postpones the effective date for the prohibition on grappling into or 
anchoring on shipwreck sites until July 21, 2026. The purpose of this 
postponement is to provide NOAA with adequate time to develop a 
shipwreck mooring program plan, seek input from the dive community 
about the mooring buoy plan, begin installing mooring buoys, and 
develop best practices for accessing shipwrecks when mooring buoys are 
not present. All other regulations will become effective as described 
in the DATES section above, including the prohibition on altering, 
destroying, or otherwise injuring any sanctuary resource (including 
shipwrecks) under 15 CFR 922.223(a)(1). It also continues to be a 
violation of State law to damage shipwrecks, including damage from 
anchoring or grappling.

C. Terminology Change in Section 922.227 ``Effect on Affected 
Federally-Recognized Nations and Tribes''

    NOAA amended the term in section 922.227 from ``federally-
recognized Indian Tribes'' to ``federally-recognized Nations and 
Tribes'' as a result of consultation with the Onondaga Nation, which 
uses the term ``Nation'' to reflect their sovereignty. The United 
States recognized Onondaga as a nation, and as a treaty partner, in its 
three treaties with the Six Nations in the late 18th century. NOAA does 
not intend to change the meaning of section 922.227 with this 
terminology change. Consistent with NOAA's definition of ``Indian 
tribe'' at 15 CFR 922.11, the term ``federally-recognized Nations and 
Tribes'' in section 922.227 is intended to refer to an Indian or Alaska 
Native tribe, band, nation, pueblo, village, or community that the 
Secretary of the Interior acknowledges to exist as an Indian tribe 
pursuant to the Federally Recognized Indian Tribe List Act of 1994, 25 
U.S.C. 5130.

D. Sunken Military Craft

    NOAA has added new text to Section 922.222 (Co-Management) 
regarding the Sunken Military Craft Act acknowledging that sunken 
military craft in LONMS will continue to be administered by the 
respective Secretary concerned pursuant to the Sunken Military Craft 
Act. NOAA will enter into a Memorandum of Agreement with the 
appropriate agencies regarding collaboration on implementing the Sunken 
Military Craft Act. See Section V.I. for more information.

E. Technical Edits

    In addition to the changes discussed above, NOAA has made technical 
edits throughout this final rule. The majority of these technical edits 
are necessary to conform with revisions to 15 CFR part 922 that became 
effective on April 7, 2023 (88 FR 19824), after the proposed rule for 
LONMS was published in the Federal Register.
    These technical edits are not substantive.
    NOAA has also made two non-substantive changes to the terms of 
designation that were included in the proposed rule. First, NOAA has 
removed a sentence from Article IV, Section 1, because it was 
duplicative of the statement in Article V that the terms of designation 
may be modified only by the same procedures by which the original 
designation was made, consistent with Section 304(a)(4) of the NMSA. 
Second, NOAA has added ``Interfering with an investigation in 
connection with enforcement of the NMSA'' to the list of activities 
subject to regulation in Article IV of the terms of designation to 
reflect the full scope of activities that are prohibited or otherwise 
regulated under 15 CFR 922.223(a).

III. Summary of all Final Regulations

A. Adding New Subpart U

    NOAA is amending 15 CFR part 922 by adding a new subpart (subpart 
U) that contains site-specific regulations for the sanctuary. This 
subpart will include the boundary, contain definitions of common terms 
used in the new subpart, provide a framework for co-management of the 
sanctuary, identify prohibited activities and exceptions, and establish 
procedures for certification of existing uses, permitting otherwise 
prohibited activities, and emergency regulation procedures.

B. Sanctuary Name

    NOAA has decided to name the sanctuary ``Lake Ontario National 
Marine Sanctuary'' as originally proposed. NOAA sought public comment 
on potential names for the sanctuary at each stage of the designation. 
This decision was based on public comment, on input from the Lake 
Ontario Sanctuary Advisory Council, and consultation with New York 
State, Indigenous Nations and Tribes, and local governments.

C. Sanctuary Boundary

    NOAA designates 1,300 nmi\2\ (1,722 mi\2\) of eastern Lake Ontario 
waters, which border Wayne, Cayuga, Oswego, and Jefferson counties, as 
Lake Ontario National Marine Sanctuary. The shoreline sanctuary 
boundary is set at the Low Water Datum (LWD) as defined by the 
International Great Lakes Datum (IGLD). The LWD is determined by the 
U.S. Army Corps of Engineers and is the chart datum to which soundings 
are referenced for NOAA charts in the Great Lakes. The LWD is also well 
understood internationally because it is a fixed datum for each lake. 
New York State uses the LWD as the line that delineates public land 
ownership. The sanctuary boundary will automatically incorporate any 
changes to the shoreline as defined by the LWD when the datum is 
updated in the future.
    NOAA sets the northern boundary approximately along the U.S. and 
Canadian border in both Lake Ontario and the entrance to the St. 
Lawrence River. The western sanctuary boundary is set approximately 
along the western border of Wayne County. The eastern boundary is a 
line near the entrance to the St. Lawrence River from approximately the 
international border between the United States and Canada near Wolfe 
Island, ON, to the shoreline near Tibbetts Point Lighthouse to the 
southwest of the town of Cape Vincent, NY. The remainder of the eastern 
sanctuary boundary, as well as the southern boundary, follows the 
shoreline around eastern Lake Ontario.
    To ensure compatible use with commercial shipping and other 
activities, NOAA excludes the ports and harbors of Oswego, 
Pultneyville, Little Sodus Bay, Sodus Bay, and Port Ontario from the 
sanctuary. NOAA excludes the Federal navigation channel approaches to 
these harbors, as well as Federal anchorage areas to avoid unintended 
effects on port operations critical to the local, regional, and 
national economies. NOAA also excludes privately owned bottomlands from 
the sanctuary. NOAA is including Sackets Harbor in the sanctuary 
because of the possible presence of underwater cultural and historical 
resources at that location.
    The boundary of LONMS cuts across the mouths of rivers, streams, 
creeks, and ponds as it continues along the coastline of the sanctuary, 
which excludes those water bodies from the sanctuary. This is the case 
for East Bay, Port Bay, Blind Sodus Bay, North Pond, South Colwell 
Pond, Goose Pond, Floodwood Pond, and Black Pond. Therefore, these bays 
and their channels

[[Page 48276]]

to the lake will not be included within the boundaries of the 
sanctuary.

D. Definitions

    NOAA is including a site-specific definition of ``sanctuary 
resource'' for LONMS, to include only the historical resources found in 
this area in accordance with the purpose of this designation. The 
definition does not include biological and ecological resources of the 
area. Creating this site-specific definition requires NOAA to modify 
the national definition of ``sanctuary resource'' in the national 
regulations at section 922.11 to add an additional sentence that 
defines the site-specific definition for the sanctuary at section 
922.221. This is similar to the approach taken for other national 
marine sanctuaries, such as Thunder Bay National Marine Sanctuary, that 
do not use the full national ``sanctuary resource'' definition. NOAA 
defines ``sanctuary resource'' for the purposes of LONMS to mean all 
historical resources as defined at 15 CFR 922.11, which includes any 
pre-contact and historic sites, structures, districts, objects, and 
shipwreck sites within sanctuary boundaries.
    NOAA further defines ``shipwreck site'' for the purposes of LONMS 
to mean all archaeological and material remains associated with sunken 
watercraft or aircraft that are historical resources, including 
associated components, cargo, contents, artifacts, or debris fields 
that may be exposed or buried within the lake bed.
    NOAA also defines ``tethered underwater mobile system'' for the 
purposes of LONMS to mean remotely operated vehicles and other systems 
with onboard propulsion systems that utilize a tether connected to a 
station-holding (e.g. by anchor, dynamic positioning, or manual vessel 
operation) surface support vessel.

E. Co-Management of the Sanctuary

    To enhance opportunities and build on existing protections, NOAA 
and New York State will collaboratively manage the sanctuary. NOAA 
establishes the framework for co-management in section 922.222 and will 
develop a Memorandum of Agreement (MOA) with the State to establish 
further details of co-management. NOAA and the State may develop 
additional agreements as necessary that would provide details on the 
execution of sanctuary management, such as activities, programs, and 
permitting programs, that can also be updated to adapt to changing 
conditions or threats to the sanctuary resources. Any proposed changes 
to sanctuary regulations or boundaries will be jointly coordinated with 
the State and subject to public review as mandated by the NMSA and 
other Federal statutes.
    Sunken military craft in LONMS will continue to be administered by 
the respective Secretary concerned pursuant to the Sunken Military 
Craft Act. NOAA will develop an MOA with the appropriate agencies 
regarding collaboration on implementing the Sunken Military Craft Act. 
The ONMS Director will request approval from the respective Secretary 
concerned for any terms and conditions of ONMS authorizations that may 
involve sunken military craft in LONMS.
    Additionally, NOAA recognizes that designation of a national marine 
sanctuary will lead to subsequent activities that may be subject to 
review under section 106 of the National Historic Preservation Act. 
Therefore, NOAA is pursuing execution of a Programmatic Agreement (PA) 
pursuant to 36 CFR 800.14(b). The PA would provide a framework for 
consideration of future undertakings resulting from management of the 
sanctuary. NOAA is developing this agreement in consultation with the 
New York State Historic Preservation Officer, the Advisory Council on 
Historic Preservation, federally-recognized Nations and Tribes, and 
other consulting parties.

F. Prohibited and Regulated Activities

    NOAA will supplement and complement existing management of this 
area by implementing the following regulations in section 922.223 to 
protect sanctuary resources.
1. Prohibition on Damaging or Altering Sanctuary Resources
    As a complement to existing protections under State laws and 
Federal laws, the regulations for LONMS prohibit moving, removing, 
recovering, altering, destroying, possessing or otherwise injuring, or 
attempting to move, remove, recover, alter, destroy, possess or 
otherwise injure a sanctuary resource. This prohibition aims to reduce 
the risk of direct harm to sanctuary resources. The terms ``moving'' 
and ``altering'' include any changes to the position or state of 
sanctuary resources, as well as covering, uncovering, moving, or taking 
sanctuary resources, even if the resources are not located on or near a 
shipwreck. This sanctuary prohibition will supplement section 233 of 
the New York State Education Law which makes it unlawful for any person 
to ``investigate, excavate, remove, injure, appropriate or destroy any 
object of archaeological, historical, cultural, social, scientific or 
paleontological interest situated on, in or under lands owned by the 
State of New York without written permission of the commissioner of 
education.'' NY Educ L Sec.  233.4. This State regulation currently 
applies in U.S. waters of Lake Ontario and will continue to apply to 
such objects in these waters.
2. Prohibition on Possessing, Selling, Offering for Sale, Purchasing, 
Importing, Exporting, Exchanging, Delivering, Carrying, Transporting, 
or Shipping by Any Means Any Sanctuary Resource Within or Outside of 
the Sanctuary
    This prohibition is intended to deter looting of sanctuary 
resources and to further the policy of in situ preservation of these 
resources. As noted, the listed activities will be prohibited both 
within and outside of the sanctuary. This prohibition does not apply to 
artifacts or other historical resources collected before the effective 
date of sanctuary designation.
3. Prohibition on Grappling Into or Anchoring on Shipwreck Sites
    The regulations for LONMS prohibit the use of grappling hooks and 
anchoring devices into or on shipwreck sites, to protect fragile 
shipwrecks and aircraft within the sanctuary from damage. To help 
vessels avoid anchoring on known shipwrecks sites, NOAA intends to 
publish known shipwreck site coordinates on the LONMS website (https://sanctuaries.noaa.gov/lake-ontario). However, in accordance with section 
304 of the National Historic Preservation Act, NOAA would withhold from 
public disclosure information about the location, character, or 
ownership of a historic property if NOAA, in consultation with the 
Secretary of the Interior, determined that disclosure may risk harm to 
the historic property. NOAA will also coordinate with the New York 
State Historic Preservation Officer in making such a determination. 
Shipwreck sites for which NOAA does not publish coordinates remain, 
nevertheless, as sanctuary resources, and this prohibition on grappling 
into or anchoring on shipwreck sites will still apply. The management 
plan includes surveying the sanctuary area to identify additional 
shipwreck sites. As appropriate, and in consideration of resource 
management conflicts, NOAA intends to update its website as new 
shipwreck sites are found by the sanctuary or other public or private 
groups and individuals. As NOAA seeks to promote public access while 
also ensuring sound resource protection, an initial focus of the 
sanctuary management plan will be the

[[Page 48277]]

installation of mooring systems at select sanctuary shipwreck sites. 
Moorings provide a secure and convenient anchoring point for users, 
which eliminates the practice of grappling into a shipwreck to access 
the site. NOAA also intends to publish guidelines on best practices for 
anchoring near shipwreck sites to avoid injuring sanctuary resources. 
For example, NOAA intends to publish instructions for the public on how 
to use a weighted line and surface float at sites without moorings to 
mark a wreck for divers to descend and ascend. This weighted line would 
not be used as an anchoring line, and it would need to be continuously 
tended and then completely removed before the dive boat leaves the 
area.
    NOAA is delaying the effective date for the prohibition on 
grappling into or anchoring on shipwreck sites for two years beyond the 
effective date of the sanctuary designation. The purpose of this delay 
is to provide NOAA with adequate time to develop a shipwreck mooring 
program in consultation with the dive community and State and Federal 
agencies; begin installing moorings at high priority shipwreck sites; 
and publish site plans and best practices for accessing shipwreck sites 
with and without moorings. All other regulatory provisions will become 
effective on the effective date of the sanctuary designation that is 
implemented by this final rule, including the prohibition on altering, 
destroying, or otherwise injuring any sanctuary resource (including 
shipwrecks) under 15 CFR 922.223(a)(1). It continues to be a violation 
of State law to damage shipwrecks, including damage from anchoring or 
grappling.
4. Prohibition on Use of Tethered Underwater Mobile Systems at 
Shipwreck Sites
    Tethered underwater mobile systems, such as remotely operated 
vehicles (ROVs), are widely used in underwater survey and site 
exploration activities, as they enable access to underwater cultural 
and historical resources at depths beyond recreational and technical 
diving limits. As tethered instrument use has continued to increase in 
the scientific, commercial, and recreational user communities, there is 
a heightened threat of damage to underwater cultural resources by these 
systems. Tethered systems present three distinct threats to shipwreck 
sites: intentional site disturbance, incidental site disturbance, and 
site pollution. Intentional disturbance includes the intentional 
recovery of sanctuary resources from a wreck site, which may range from 
minor alterations to large-scale recovery. Incidental disturbance 
occurs when, for example, a tethered system makes contact with the 
wreck or the instrument tether gets entangled on protruding portions of 
a wreck, such as the mast. Under these circumstances, disentanglement 
or attempted disentanglement of snagged instruments can displace or 
damage the wreck. The impact from such activities can result in severe 
damage to artifact assemblages and the structural integrity of a site. 
This risk is particularly concerning in LONMS, where a large number of 
wrecks have intact masts and high site integrity. Finally, if the 
instrument cannot be disentangled, cutting the tether line pollutes the 
site with abandoned equipment.
    Therefore, the regulations for LONMS prohibit deploying a tethered 
underwater mobile system at shipwreck sites. The provision complements 
New York State's prohibition on damaging cultural resources by 
proactively deterring damage, disturbance, and pollution of these 
nationally significant sites from tethered systems. Because New York 
State does not proactively manage or protect shipwrecks in Lake 
Ontario, it also does not regulate the use of tethered systems at 
shipwreck sites, which, as described above, pose a threat to these 
resources. New York State's existing program focuses on permitting for 
terrestrial resources, rather than underwater cultural and historical 
resources. As a result, New York State has limited staff expertise 
regarding maritime archaeology that could inform whether an application 
for the permitted use of a tethered system is consistent with the 
preservation of these underwater cultural and historical resources.
    The prohibition on operating tethered systems at shipwreck sites 
does not apply to any activity conducted in accordance with the scope, 
purpose, terms, and conditions of a permit issued by NOAA, including 
special use permits pursuant to section 310 of the NMSA. Users may 
apply for a permit to operate tethered underwater mobile systems at 
shipwreck sites within the sanctuary. NOAA will review project 
proposals against the permit criteria outlined in part 922, subpart D 
and the permit conditions specific to LONMS to determine whether 
permitting the proposed operation is consistent and compatible with the 
purposes of sanctuary designation.
    Permits issued by New York State relative to the State prohibition 
are intended to serve the purposes of the New York State Museum by 
ensuring the appropriate acquisition of cultural and historical objects 
for the State Museum's archiving purposes. Permits issued by NOAA serve 
a distinct, yet complementary, purpose of ensuring the permitted 
activity is consistent and compatible with the purposes for which the 
sanctuary is designated. Furthermore, because NOAA's prohibition makes 
it unlawful for any person to deploy a tethered underwater mobile 
system at a shipwreck site without a NOAA permit, authorized officers 
can target and investigate the unauthorized use of such systems at 
shipwreck sites before harm occurs. By contrast, the existing New York 
prohibition is ambiguous in its application prior to direct injury to 
cultural resources, and this ambiguity could complicate and potentially 
compromise similar proactive enforcement measures relying on this 
provision of New York State law. For more information about NOAA 
permits please see section 8 below.
    NOAA does not intend for this prohibition to apply to autonomous 
underwater vehicles or towed systems, such as side-scan sonar, 
magnetometers, survey trawls, or other survey instruments that are 
pulled behind a vessel via a tow cable. Towed systems are typically 
operated high above the lakebed to avoid snagging on objects, so they 
do not present the same level of entanglement threat to shipwrecks as 
tethered underwater mobile systems. However, should an autonomous 
underwater vehicle, towed system, or any similar operation alter, 
destroy, cause the loss of, or otherwise injure any sanctuary resource 
managed within LONMS, any and all responsible persons are still subject 
to civil liability under NMSA and its implementing regulations.
5. Prohibition on Interfering With Investigations
    The regulations for LONMS prohibit interfering with sanctuary 
enforcement activities. This regulation will assist in NOAA's 
enforcement of the sanctuary regulations and strengthen sanctuary 
management.
6. Exemption for Emergencies and Law Enforcement
    The prohibitions for the sanctuary do not apply to any activity 
necessary to respond to emergencies that threaten lives, property, or 
the environment, or activities that are necessary for law enforcement 
purposes.

G. Emergency Regulations

    The regulations for LONMS include the authority for NOAA to issue 
emergency regulations in the sanctuary.

[[Page 48278]]

Emergency regulations are used in limited cases and under specific 
conditions when there is an imminent risk to sanctuary resources and 
where a temporary prohibition would prevent the destruction or loss of 
those resources. An emergency regulation will not take effect without 
the approval of the Governor of New York or her/his designee or 
designated agency. NOAA may only issue emergency regulations that 
address an imminent risk for a fixed amount of time with a maximum of 6 
months that can be extended one time for no more than 6 months. NOAA 
must go through a full rulemaking process to consider making an 
emergency regulation a permanent regulation, which would include a 
public comment period.
    This final rule adds LONMS to the list of sanctuaries that have 
site-specific regulations related to emergency regulations at 922.7 and 
also includes detailed site-specific regulations regarding emergency 
regulations at section 922.224.

H. Treaty Rights

    The exercise of treaty rights, reserved rights, or similar rights 
for federally-recognized Nations and Tribes, including the 
Haudenosaunee Confederacy, and their citizens is not modified, altered, 
or in any way affected by these regulations. The Director shall consult 
with the governing body of each Nation or Tribe protected by the 1794 
Treaty of Canandaigua regarding any matter which might affect the 
ability of their citizens to participate in activities protected by 
this treaty in the sanctuary. Please see section III.E ``Executive 
Order 13175'' of this document for information about how NOAA has 
engaged with Nations and Tribes through the sanctuary designation 
process.

I. General Permits, Certifications, Authorizations, and Special Use 
Permits

1. General Permits
    The regulations for LONMS include the authority for NOAA to issue 
permits to allow certain activities that would otherwise violate the 
prohibitions listed and described above.\2\ Similar to other national 
marine sanctuaries, NOAA may issue general permits for the purposes of 
education, research, or management. In order for an activity to be 
considered for a general permit, it must also further the goals of the 
national marine sanctuary and meet regulatory permit review criteria. 
The Director may subject a general permit to specific terms and 
conditions as they deem appropriate. For example, a research 
institution may request to conduct limited archaeological testing at a 
shipwreck site that involves taking a sample for the purpose of dating 
the site. This activity would violate the prohibition on damaging or 
altering a sanctuary resource and would therefore require the issuance 
of a general permit to allow the activity for the purposes of 
education, research, or management. NOAA would evaluate the request and 
consider the inclusion of permit terms and conditions to ensure the 
activities are conducted by qualified professionals and to proper 
archaeological standards, as well as to further ensure that the 
activity is meeting the appropriate purpose of education, research, or 
management of the resource.
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    \2\ A NOAA permit does not relieve a permittee of responsibility 
to comply with all other Federal, State and local laws and 
regulations, and the permit is not valid until all other necessary 
permits, authorizations, and approvals are obtained. A permittee 
must, at all times, comply with the terms and conditions of the 
permit. As co-managers, NOAA will coordinate the issuance of permits 
with New York State.
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    To address the above additions to the NOAA general permit authority 
for LONMS, NOAA amends the regulatory text in the program-wide 
regulations in part 922, subpart D, to add references to subpart U, as 
appropriate.
2. Certifications
    Pre-existing activities conducted pursuant to a valid lease, 
permit, license, or right of subsistence use or of access might be 
occurring within the LONMS area on the date of sanctuary designation 
that would otherwise be prohibited by sanctuary regulations. NOAA adds 
section 922.226, which describes the process by which it may certify a 
valid lease, permit, license, or right of subsistence use or of access 
within the sanctuary boundaries. In compliance with the NMSA, the 
regulations at section 922.226 state that certification is the process 
by which permitted activities existing prior to the designation of the 
sanctuary that violate sanctuary prohibitions may be allowed to 
continue. NOAA may, however, further regulate the exercise of those 
permitted activities consistent with the goals of the sanctuary by 
applying additional terms and conditions to the certification. Requests 
for certifying permitted existing uses must be received by NOAA within 
90 days of the effective date of the designation.
3. Authorizations
    The regulations for LONMS include the authority for NOAA to 
consider allowing an activity otherwise prohibited by section 922.223 
within the sanctuary if such activity is specifically authorized by any 
valid Federal, State, or local lease, permit, license, approval, or 
other authorization issued after the effective date of sanctuary 
designation. NOAA also has the authority to add terms and conditions to 
authorizations to ensure that activities conducted within the sanctuary 
are carried out in a manner that is consistent with the purposes for 
which the sanctuary was designated. As such, NOAA amends the regulatory 
text at section 922.36 to add reference to subpart U.
4. Special Use Permits
    NOAA has the authority under the NMSA to issue special use permits 
(SUPs) at national marine sanctuaries, as established by section 310 of 
the NMSA. SUPs can be used to authorize specific activities in a 
sanctuary if such authorization is necessary to establish conditions of 
access to, and use of, any sanctuary resource or to promote public use 
and understanding of a sanctuary resource. The NMSA requires SUPs to 
contain four specific conditions (16 U.S.C. 1441(c)): (1) activities 
must be compatible with the purposes for which the sanctuary is 
designated and with protection of sanctuary resources; (2) activities 
carried out under the permit must be conducted in a manner that does 
not destroy, cause the loss of, or injure sanctuary resources; (3) 
permittees are required to purchase and maintain comprehensive general 
liability insurance, or post an equivalent bond, against claims arising 
out of activities conducted under the permit and to agree to hold the 
United States harmless against such claims; and (4) SUPs shall not 
authorize the conduct of any activity for a period of more than 5 years 
unless renewed by the Secretary. As is the case with general permits, 
NOAA can place additional conditions on SUPs specific to the activity 
being permitted. The activities that qualify for a SUP are set forth in 
the Federal Register (78 FR 25957 (May 3, 2013); 82 FR 42298 (Sept.7, 
2017)). Categories of SUPs may be changed or added to through public 
notice and comment.
    NOAA is creating a new SUP category for ``the operation of tethered 
underwater mobile systems at shipwreck sites in Lake Ontario National 
Marine Sanctuary'' to apply when the proposed activity does not qualify 
for a general permit or authorization, as described above, and the 
proposed activity otherwise satisfies the requirements in the 
applicable sanctuary regulations and section 310 of the NMSA.\3\ NOAA 
determined that

[[Page 48279]]

after appropriate environmental review and application of terms and 
conditions, operating tethered underwater mobile systems at shipwreck 
sites can occur without injuring sanctuary resources. Upon receiving an 
SUP application, NOAA will coordinate with the New York State Historic 
Preservation Officer to consider terms and conditions that prevent harm 
to sanctuary resources. Such terms and conditions will generally 
address potential impacts such as tether management and entanglement 
mitigation, as well as avoidance of site pollution. While the NMSA 
allows NOAA to assess and collect fees for the conduct of any activity 
under an SUP, it also allows NOAA to waive or reduce fees for 
activities that do not derive profit from the access or use of 
sanctuary resources. NOAA will waive the associated fee for issuing an 
SUP for operating tethered underwater mobile systems at shipwreck sites 
within LONMS when non-commercial operators do not derive profits from 
their use of the sanctuary or when the operators further the 
sanctuary's objectives (e.g., educating the public about the sanctuary 
or contributing to the sanctuary's research goals).
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    \3\ A NOAA permit does not relieve a permittee of responsibility 
to comply with all other Federal, State and local laws and 
regulations, and the permit is not valid until all other necessary 
permits, authorizations, and approvals are obtained. A permittee 
must, at all times, comply with the terms and conditions of the 
permit. As co-managers, NOAA will coordinate the issuance of permits 
with New York State.
---------------------------------------------------------------------------

J. Other Conforming Amendments

    NOAA is amending the general regulations in part 922, subpart A and 
part 922 subpart D so that the regulations are accurate and up-to-date. 
The modified sections to conform to adding a new sanctuary are:

 Section 922.1 Purposes and applicability of the regulations
 Section 922.4 Boundaries
 Section 922.6 Prohibited or otherwise regulated activities
 Section 922.7 Emergency regulations
 Section 922.11 Definitions
 Section 922.30 National Marine Sanctuary general permits
 Section 922.36 National Marine Sanctuary authorizations

K. Terms of Designation

    Section 304(a)(4) of the National Marine Sanctuaries Act (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 that will 
be subject to regulation by the Secretary of Commerce 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.
    With this rulemaking, NOAA establishes the terms of designation 
that describe the geographic area, resources, and activities as 
described in details above. NOAA will add the terms of designation 
language for LONMS as appendix B to the regulations at 15 CFR part 922, 
subpart U.

IV. Response to Comments

    NOAA consolidated public comments from the DEIS and NPRM and 
collectively responds to those comments here and in Appendix E of the 
FEIS. For the purposes of managing responses to public comments, NOAA 
grouped similar comments by theme. These themes align with the content 
of the proposed rule and environmental impact statement that identified 
the purposes and needs for a national marine sanctuary, and the draft 
management plan that identified the proposed non-regulatory programs 
and sanctuary operations. They are summarized below, followed by NOAA's 
response.

Support and Opposition of the National Marine Sanctuary

    1. Comment: Commenters cited several reasons for supporting 
sanctuary designation, including: long-term protection for nationally 
significant shipwrecks; increased accessibility to these shipwrecks; 
additional recreational opportunities; potential for national 
recognition of the area to support local tourism and economies; Federal 
resources to support research on shipwrecks; establishing a mooring 
program; and potential educational opportunities for students to study 
cultural and biological resources in the lake. Local, State, and 
governments and organizations also expressed strong support of the 
sanctuary, offering opportunities to partner for education, research, 
outreach, and other activities. New York State agencies expressed 
commitment to be key partners in co-management and implementation of 
the national marine sanctuary.
    Response: NOAA agrees that these are some of the main benefits of 
designating LONMS. NOAA has considered these comments in writing the 
FEIS, management plan, and final rule. The management plan identifies 
actions to support these goals.
    2. Comment: NOAA received comments that opposed designating a 
sanctuary, citing reasons including: enough State and Federal 
protections for sensitive historic underwater resources already exist; 
concern that there is not enough public interest in local shipwrecks; 
most of the wrecks have already been found by private explorers and, 
thus, NOAA research is not needed; and the level of economic 
development would not be high enough to justify the creation of a 
national marine sanctuary.
    Response: NOAA determined that this action responds to the need to 
provide additional protection and management of nationally significant 
underwater cultural and historical resources in eastern Lake Ontario. 
NOAA determined the current jurisdictional regime does not provide 
comprehensive and effective management for the full range of activities 
that impact the underwater cultural and historical resources in the 
region. Chapter 2 of the FEIS describes the purpose and need for this 
sanctuary. The LONMS Management Plan describes a wide variety of 
activities that will be implemented if this is designated a national 
marine sanctuary.
    3. Comment: Some commenters expressed conditional support for a 
sanctuary as long as legal fishing, hunting, and fur trapping 
activities are not limited by the sanctuary.
    Response: NOAA's goal of establishing a national marine sanctuary 
in eastern Lake Ontario is to comprehensively manage the underwater 
cultural resources in the area. NOAA's regulations will not limit legal 
fishing, hunting, or fur trapping within the boundaries of the 
sanctuary, as long as those activities do not damage or disturb 
sanctuary resources.
    4. Comment: NOAA received a few comments questioning why the 
sanctuary should be established if there are only a few diveable 
shipwrecks in the proposed boundaries.
    Response: As demonstrated across the National Marine Sanctuary 
System, the public will benefit both from activities occurring within 
the LONMS and activities occurring on land. People will be able to 
enjoy the sanctuary through diving, kayaking, boating, and snorkeling, 
as well as through museums, interpretive displays, websites, formal and 
informal educational programs, enhanced tourism opportunities, 
multidisciplinary research opportunities, and other unique sanctuary-
related partnerships and activities. The LONMS Management Plan outlines 
priorities in these areas for the first five years of the sanctuary's

[[Page 48280]]

operation with the goal of providing benefits to a broad range of 
public uses and users.
    5. Comment: NOAA received a few comments stating that Federal 
funding of a national marine sanctuary would be a waste of Federal 
funds.
    Response: NOAA has determined this action responds to the need and 
opportunity to provide additional protection and management of 
nationally significant underwater cultural and historical resources in 
eastern Lake Ontario. NOAA has received consistent support for this 
sanctuary designation from the local communities and New York State. 
NOAA prepared a draft management plan with significant input from the 
Lake Ontario Sanctuary Advisory Council, who are local community 
members. NOAA describes the benefits of this sanctuary in Chapter 2 of 
the FEIS and will spend Federal funds prudently to accomplish the goals 
of the sanctuary.
    6. Comment: NOAA received a comment questioning whether NOAA has 
the ability to enforce sanctuary regulations in such a large area.
    Response: Law enforcement authorities within NOAA and the State of 
New York will coordinate to ensure that sanctuary regulations are 
enforced. NOAA and New York State intend to examine their existing 
joint enforcement agreement to consider opportunities for State 
personnel to assist in the enforcement of national marine sanctuary 
regulations. NOAA also intends to coordinate with the U.S. Coast Guard 
to ensure compliance with the NMSA and sanctuary regulations.
    7. Comment: One commenter expressed concern about advertising the 
area to scuba divers when several of the wrecks in the sanctuary lie 
outside of recreational dive limits (over 130 feet of water). 
Commenters were also concerned about safety issues arising from 
increased diving activity in the St. Lawrence River if it was included 
in the sanctuary, due to the proximity of several of the wrecks to 
shipping channels.
    Response: NOAA notes that it is safest for divers to only dive 
within the scope of an individual's personal training, experience, and 
comfort level. While it is true that a number of shipwrecks within the 
boundaries lie in over 130 feet of water and are only accessible to 
technical divers, there are also several sites that lie in shallower 
waters and are more easily accessible to recreational divers. The LONMS 
Management Plan includes actions that support these goals. NOAA will 
prioritize placing mooring buoys at these popular dive sites in the 
sanctuary to provide safer access to the wrecks, as well as to reduce 
ongoing impacts to those sites from visitor traffic (Strategy RP-1 in 
the LONMS Management Plan). NOAA does not plan on installing mooring 
buoys at all shipwreck sites, nor encouraging diving at all sites. When 
evaluating sites for mooring buoys, NOAA will consider the impact to 
the shipwreck, the safety conditions of accessing the site, the depth 
of the site, and the cost of installing and maintaining the buoy. NOAA 
will also publish shipwreck site plans to aid divers in planning their 
dives. NOAA has a strong track record of working with local dive shops 
to educate business owners and their clients about safe diving 
practices for both human safety and protection of dive sites. NOAA will 
also work with local emergency responders to ensure they are prepared 
for responding to dive emergencies. Finally, the LONMS boundaries will 
not include the St. Lawrence River.
    8. Comment: NOAA received a comment expressing concern that 
improving access to shipwrecks for scuba divers would increase the 
degradation of the resources that NOAA is trying to protect.
    Response: It is the responsibility of and highest priority for NOAA 
to protect the integrity of sanctuary resources. NOAA will utilize a 
range of management actions to ensure that sanctuary resources are not 
degraded as a result of a sanctuary designation. These actions include 
implementing regulations tailored to protect sanctuary resources from 
disturbance; installing a network of mooring buoys that provide safe 
ascent lines for divers and eliminates the practice of anchoring or 
grappling into shipwrecks to access the site; publishing and 
distributing site plans and best practices for wreck diving; and 
increasing the enforcement presence in the area. In order to assess 
changes to the resource's stability over time, NOAA will develop and 
implement a monitoring program for underwater cultural resources in the 
sanctuary. NOAA can also protect sensitive sites and newly discovered 
sites by withholding the coordinates of shipwrecks that it believes are 
sensitive or need evaluation and documentation.
    NOAA believes that increasing public access and tourism to 
shipwreck sites is an important way to foster awareness, appreciation, 
and, ultimately, the protection of these special places. While NOAA 
expects tourism, including dive tourism, to increase in Lake Ontario 
after sanctuary designation, we do not anticipate a major increase in 
diving due to the great depth of many of the wrecks and the somewhat 
low level of diving activity in the Great Lakes in general. As 
discussed above, implementing the sanctuary regulations, mooring 
program, permitting system, and increasing enforcement in the sanctuary 
will minimize any direct impacts to the shipwrecks. Similarly, the 
final management plan includes education and outreach efforts that will 
promote responsible diving practices and increase public appreciation 
and stewardship of these sanctuary resources. Overall, NOAA determined 
that any adverse impacts on underwater cultural resources from 
designating the sanctuary would be negligible (refer to Sections 5.3.1 
and 5.4.1 of the FEIS for more information).

Sanctuary Boundary

    9. Comment: NOAA received several comments on the two boundary 
alternatives in the draft environmental impact statement and on the 
proposed boundary in the NPRM. With regard to the size of the boundary, 
NOAA received several comments supporting inclusion of the Thousand 
Islands Region of the St. Lawrence River in the sanctuary's boundary. 
NOAA also received several comments that were opposed to the inclusion 
of this area of the St. Lawrence River. In raising concerns about the 
St. Lawrence River, some commenters noted that sanctuary designation 
could potentially lead to an increased number of divers and other 
recreational users in the St. Lawrence Seaway shipping channel, which 
they believed could present safety and navigational challenges. 
Commenters noted that the St. Lawrence River is managed jointly with 
Canada, has high shipping traffic in narrow shipping channels, has 
unpredictable weather, and has several islands and other obstacles in 
the river that present navigational challenges. Commenters were also 
concerned that if NOAA were to install surface mooring buoys in 
navigation channels this would create a navigation hazard for vessels.
    Response: After evaluating public comments, NOAA did not include 
the St. Lawrence River segment within the sanctuary boundary. After 
considering public comments, NOAA has made a minor change to the 
eastward end of the sanctuary boundary by moving the boundary from 
Market Street in Cape Vincent to Tibbetts Point Lighthouse to ensure 
the sanctuary will not be in the St. Lawrence River. As the St. 
Lawrence River is critical to the maritime history of the area, NOAA 
will still include the story of the area in its interpretive materials 
and work with partners in this area. In addition, NOAA added Strategy

[[Page 48281]]

RP-6: Evaluate opportunities to consider future sanctuary expansion to 
include the Thousand Islands region of the St. Lawrence River to the 
management plan, as there was considerable support for this area being 
included in the boundary.
    10. Comment: NOAA received several comments asking NOAA to clarify 
which ports, harbors, and marinas are excluded from the sanctuary.
    Response: NOAA is excluding the ports and harbors of Oswego, 
Pultneyville, Little Sodus Bay, Sodus Bay, and Port Ontario from the 
sanctuary boundary to ensure compatible use with commercial shipping 
and other activities, such as maintenance dredging. NOAA will also 
exclude privately owned bottomlands from the sanctuary. NOAA is 
including Sackets Harbor in the sanctuary because of the possible 
presence of underwater cultural and historical resources at that 
location.
    In addition, the boundary of LONMS cuts across the mouths of 
rivers, streams, creeks, and ponds as it continues along the coastline 
of the sanctuary, which excludes those water bodies from the sanctuary. 
This is the case for East Bay, Port Bay, Blind Sodus Bay, North Pond, 
South Colwell Pond, Goose Pond, Floodwood Pond, and Black Pond. 
Therefore, these bays and their channels to the lake will not be 
included within the boundaries of the sanctuary. Please refer to 
Section III C. for more information.
    11. Comment: NOAA received two comments seeking clarification of 
which water level datum will be used for the shoreline and how the 
shoreline boundary will be affected by fluctuating water levels.
    Response: For the Lake Ontario shoreline, NOAA will set the 
shoreline sanctuary boundary at the Low Water Datum (LWD). The LWD is 
determined by the U.S. Army Corps of Engineers and is the chart datum 
to which soundings are referenced for NOAA charts in the Great Lakes. 
The LWD is also well understood internationally because it is a fixed 
datum for each lake relative to the International Great Lakes Datum. 
The sanctuary shoreline boundary will therefore automatically reflect 
any changes to either the Low Water Datum or the International Great 
Lakes Datum. As the LWD is set at a fixed elevation, the sanctuary 
boundary line is not affected by water levels in the lake.
    12. Comment: NOAA received a few comments that certain areas 
important to commercial shipping, including current and future Federal 
anchorage areas, Recommended Courses,\4\ and current and future dredged 
material disposal areas, should be excluded from the sanctuary. NOAA 
received one question about how sanctuary designation would affect Port 
Bay, New York's status as a safe harbor.
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    \4\ https://lcaships.com/wp-content/uploads/2022/02/LCA-CMC-Recommended-Courses-Rev.-to-December-2021.pdf.
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    Response: NOAA will exclude the Federal navigation channel 
approaches and Federal anchorage area from the sanctuary to avoid 
unintended effects on port operations critical to the local, regional, 
and national economies. While NOAA initially excluded open lake dredged 
material disposal areas in the DEIS, after further internal analysis 
and consultations with the U.S. Army Corps of Engineers and New York 
State, NOAA is not excluding open lake dredged material disposal areas 
from the sanctuary boundary. Excluding these areas would create 
unwanted ``holes'' in the sanctuary boundary, which can create 
confusion for the public about the exact location of sanctuary 
boundaries. In addition, there is one active open lake dredged material 
disposal area in the sanctuary boundary, off the Port of Oswego, which 
has been in use since the late 1980s. The New York State Historic 
Preservation Officer verified that there are no known underwater 
cultural resources in that area. Therefore, dredged material disposal 
could continue in that area without violating NOAA's prohibitions, and 
sanctuary designation will not affect management of that area. NOAA 
will also have the authority to certify existing leases, permits, 
licenses, or rights of subsistence use or access in existence on the 
date of designation of the sanctuary. Therefore, existing dredged 
material disposal activities may be certified upon sanctuary 
designation if properly requested by the holder of the lease, permit, 
license, or right of subsistence use or access in question, if such 
activities would otherwise be in violation of sanctuary regulations. 
NOAA cannot exclude future dredged material disposal areas from the 
physical boundaries of the sanctuary, as they do not exist at this 
time.
    NOAA has decided not to exclude Recommended Courses from the 
sanctuary, because they are voluntary courses and neither normal nor 
emergency transit activities occurring in these routes are expected to 
violate sanctuary prohibitions. NOAA will consider Recommended Courses 
when determining where to place mooring buoys and to ensure that any 
diving activity would be conducted at a safe distance from these 
courses. NOAA will exclude the existing Federal anchorage area from the 
sanctuary boundary (Tibbetts Point Anchorage Area). NOAA is not 
responsible for establishing new Federal anchorage areas and has not 
excluded a Federal anchorage area off of the Port of Oswego as 
suggested, as none exist at this time. Port Bay's status as a Safe 
Harbor would not be affected by the sanctuary designation.

Definitions and Scope of Regulations

    13. Comment: NOAA received one comment supporting NOAA's proposal 
to require users to obtain a special use permit from NOAA to operate 
tethered underwater mobile systems at shipwreck sites. One commenter 
stated that operating tethered underwater mobile systems do not pose a 
threat to shipwreck sites in Lake Ontario.
    Response: NOAA is moving forward with requiring operators to obtain 
a permit to operate tethered underwater mobile systems at shipwreck 
sites. A new special use permit category for ``the operation of 
tethered underwater mobile systems at shipwreck sites within Lake 
Ontario National Marine Sanctuary'' could apply when the proposed 
activity does not qualify for a general permit or authorization under 
the LONMS regulations, and the proposed activity otherwise satisfies 
the requirements in the applicable sanctuary regulations and section 
310 of the NMSA. NOAA disagrees that remotely operated vehicle tethers 
do not pose a threat to shipwrecks. NOAA has included additional 
language in Section III E.4. to explain why tethered vehicles pose 
several threats to shipwreck sites, including intentional site 
disturbance, incidental site disturbance, and site pollution. The 
impact from such activities can result in damage to artifact 
assemblages and the structural integrity of a site. This risk is 
particularly concerning in the sanctuary area, as a large number of 
shipwrecks have intact masts and high site integrity.
    14. Comment: NOAA received a few comments suggesting that the 
proposed NOAA regulations are duplicative of New York State's 
regulations that protect underwater cultural and historical resources.
    Response: NOAA's prohibition on damage to underwater cultural and 
historical resources will complement and supplement the State's 
prohibition by adding an additional layer of Federal protection for 
those resources. Section 233(4) of New York's Education Law focuses on 
the New York State Museum and its collections procedures, and it 
authorizes the issuance of permits to excavate and gather cultural and

[[Page 48282]]

historical objects upon the authorization of the New York State 
commissioner of education. This State law is aimed at ensuring the 
appropriate acquisition of cultural and historical objects for the 
State Museum's archiving purposes, while NOAA's regulation is intended 
to preserve in situ historic and culturally significant areas within 
the marine environment. In addition, the New York Education Law does 
not include equivalent programs to NOAA's for underwater archaeological 
research, education, interpretation, and enforcement, and NOAA's other 
regulations are designed to specifically address identified threats to 
underwater cultural and historical resources within LONMS. National 
marine sanctuary designation allows NOAA to utilize its Federal assets 
and enforcement capabilities to actively manage, protect, and interpret 
underwater cultural and historical resources in Lake Ontario. Refer to 
FEIS Appendix C: Analysis of Relevant Federal and State Statutes for 
more information on how the regulations complement and supplement State 
and Federal regulations and fill legal gaps.
    15. Comment: NOAA received one comment that stated that the 
definition of ``sanctuary resource'' in the proposed rule was too broad 
and suggested that NOAA should use the programmatic definition of 
sanctuary resource under 15 CFR 922.11. The commenter said that by 
including the word ``object'' in the definition, that anything could be 
included, even on the shore. Another comment on the DEIS stated that it 
was unclear what NOAA was using for the definition of ``shipwreck.''
    Response: In the DEIS, NOAA proposed regulatory concepts, including 
suggested definitions. In the NPRM, NOAA used those concepts and 
created proposed regulatory definitions in the LONMS regulations for 
``sanctuary resource'' and ``shipwreck site'' to include only the 
historical resources found in this area in accordance with the purpose 
of this designation. This definition of sanctuary resource does not 
include biological and ecological resources. For the purposes of LONMS, 
``sanctuary resource'' means all historical resources as defined at 15 
CFR 922.11, which includes any pre-contact and historic sites, 
structures, districts, objects, and shipwreck sites within the 
sanctuary's boundaries. NOAA's definition refers back to the 
programmatic definition of ``historical resource'' in 15 CFR 922.11, 
which does include the word ``object'', but only objects that possess 
historical, cultural, archaeological or paleontological significance 
are included in this definition. The NPRM also proposed defining 
``shipwreck site'' to mean all archaeological and material remains 
associated with sunken watercraft or aircraft that are historical 
resources, including associated components, cargo, contents, artifacts, 
or debris fields that may be exposed or buried within the lake bed. 
NOAA believes its definition is clear, and did not receive additional 
comments on the definition of ``shipwreck site'' after the NPRM was 
published. Therefore, NOAA is moving forward with this definition in 
this final rule. These definitions only apply to resources within the 
LONMS sanctuary boundaries, which start below the low water datum on 
the shoreline.
    16. Comment: NOAA received several comments that the prohibition on 
anchoring could be problematic for commercial vessels and that NOAA 
should publish both the known and potential locations of shipwrecks 
sites. A related comment noted that if the no-anchoring prohibition 
extends to undiscovered shipwrecks, shippers might not be able to avoid 
anchoring on a shipwreck if they do not know where it is. Therefore, 
all locations, known or approximated, should be published by NOAA in a 
format accessible and useful to all mariners.
    Response: Anchoring within the sanctuary is not prohibited in 
LONMS. However, grappling into or anchoring on a shipwreck site is 
prohibited. NOAA has narrowly worded this regulation to protect 
historic shipwrecks and aircraft from anchor damage, while still 
allowing anchoring inside of the sanctuary and outside of these 
discrete areas. The prohibition does not apply to any activity 
necessary to respond to an emergency threatening life or the 
environment. In addition, existing State regulations already prohibit 
damaging historic shipwreck sites within the area. To help vessels 
avoid anchoring on known shipwrecks sites, NOAA intends to publish 
known shipwreck site coordinates on the LONMS website (https://sanctuaries.noaa.gov/lake-ontario).
    15. Comment: NOAA received some comments that expressed concern 
that as written, the prohibition on grappling into or anchoring on 
shipwreck sites would prohibitively limit diver access to shipwreck 
sites without providing an alternative means of access. Comments 
suggested amending the proposed prohibition on grappling into or 
anchoring on shipwreck sites to say that grappling into or anchoring on 
shipwreck sites is prohibited at sites where mooring buoys have been 
installed.
    Response: As NOAA seeks to promote public access while also 
ensuring sound resource protection, an initial focus of the sanctuary 
management plan will be the installation of mooring systems at 
sanctuary shipwreck sites. Moorings provide a secure and convenient 
anchoring point for users, which eliminates the practice of grappling 
into or anchoring on shipwrecks to access the site. NOAA also intends 
to publish guidelines on best practices for anchoring near shipwreck 
sites both with and without moorings to avoid injuring sanctuary 
resources. For example, NOAA intends to publish instructions for the 
public on how to use a weighted line and surface float at sites without 
moorings to mark a wreck for divers to descend and ascend. This 
weighted line would not be used as an anchoring line, and it would need 
to be continuously tended and then completely removed before the dive 
boat leaves the area.
    NOAA is delaying implementation of the prohibition of grappling 
into or anchoring on shipwreck sites by two years rather than amending 
the prohibition as suggested by the commenters. This delayed 
implementation is intended to provide NOAA with adequate time to 
develop a shipwreck mooring program in consultation with the dive 
community and State and Federal agencies; begin installing moorings at 
high priority shipwreck sites; and publish site plans and best 
practices for accessing shipwreck sites with and without moorings. 
After this two-year period, NOAA will continue to build out a mooring 
buoy program as funds become available. During this two-year period, 
all other statutory and regulatory provisions will be in effect from 
the effective date of designation, including the prohibition on 
altering, destroying, or otherwise injuring any sanctuary resource 
(including shipwrecks) under 15 CFR 922.223(a)(1). It also continues to 
be a violation of State law to damage shipwrecks, including damage from 
anchoring or grappling.
    16. Comment: NOAA received a few comments requesting that sanctuary 
regulations protect natural and biological resources in the Great Lakes 
ecosystem. Commenters suggested regulations to prevent wastewater 
discharges, discharge of mercury and other toxic materials, risks from 
aging infrastructure, spread of invasive species, and other risks to 
wildlife and habitat.
    Response: This is beyond the scope of the purpose and need for this 
action, which is focused on the protection, management, and 
interpretation of

[[Page 48283]]

underwater cultural and historical resources.
    17. Comment: NOAA received several comments asking for 
clarification on how the sanctuary would affect dredging in the area.
    Response: The sanctuary prohibitions seek to ensure that any 
activity carried out within sanctuary boundaries does not negatively 
impact underwater cultural resources. Dredging, pier construction and 
maintenance, and other construction activities are not expressly 
prohibited activities under the regulations. However, should the 
performance of any of these activities violate, for example, the 
sanctuary prohibition on ``moving, removing, recovering, altering, 
destroying, possessing, or otherwise injuring'' a sanctuary resource, 
it would be prohibited under those circumstances. Therefore, if 
dredging activities would not otherwise violate a sanctuary 
prohibition, they may occur within the sanctuary without a permit from 
NOAA.
    Dredging activities in eastern Lake Ontario are regulated by New 
York State and the U.S. Army Corps of Engineers. Consideration of 
impacts to cultural resources should already be incorporated into the 
permit review processes for both the State and the U.S. Army Corps of 
Engineers because they both have legal requirements to minimize damage 
to cultural resources. NOAA would only be involved in those permitting 
processes if it is determined that underwater cultural and historical 
resources within the sanctuary may be impacted. NOAA, through its co-
management arrangement with the State and through the consultation 
requirement for Federal agencies under the NMSA Section 304(d), will 
coordinate its involvement, including potential permitting, 
authorization, and consultation under Section 106 of the National 
Historic Preservation Act, when underwater cultural and historical 
resources may be impacted (see Section III I.3. for more information 
about authorizations).
    NOAA recognizes that inlet dredging may extend into the sanctuary 
boundary. However, as indicated above, this dredging would only be 
prohibited by the sanctuary regulations and require a permit from NOAA 
if it is determined that underwater cultural and historical resources 
within the sanctuary may be impacted.
    18. Comment: NOAA received comments asking whether the sanctuary 
would create any additional restrictions or regulatory requirements 
related to pier structure maintenance, pier construction, and shoreside 
construction.
    Response: The shoreline boundary line for the sanctuary is set at 
the low water datum along the lakeshore. Any activities conducted above 
this line will be outside of the sanctuary and not subject to NOAA's 
jurisdiction. The LONMS regulations are narrowly focused on protecting 
underwater cultural and historical resources. Pier construction and 
other construction activities are not expressly prohibited activities 
under the regulations. However, should the performance of any of these 
activities violate, for example, the sanctuary prohibition on ``moving, 
removing, recovering, altering, destroying, possessing, or otherwise 
injuring'' a sanctuary resource, it would be prohibited under those 
circumstances. Therefore, if constructing a dock or pier would not 
otherwise violate a sanctuary prohibition, it may occur within the 
sanctuary. These types of activities are regulated by State and other 
Federal entities, and therefore, consideration of the impact to 
cultural resources should already be incorporated into the applicable 
permit review processes.
    19. Comment: NOAA received a comment from Region 2 of the U.S. 
Environmental Protection Agency (EPA) that NOAA should address 
projected climate change effects in the region, greenhouse gasses, and 
land-based infrastructure impacts in the FEIS.
    Response: NOAA considers climate management an agency priority, and 
therefore has incorporated a discussion of climate change impacts in 
the Great Lakes and potential negligible greenhouse gas emissions from 
its management activities into the FEIS (see FEIS Sections 4.4.1.2, 
5.3.3, 5.4.3). NOAA has not identified any specific construction 
projects associated with sanctuary designation at this time, and 
therefore has not evaluated the environmental impacts for facility 
construction or operation as part of the action. Based on a facilities 
assessment, NOAA may choose to rent space in existing facilities rather 
than constructing new facilities. NOAA will evaluate the environmental 
impacts and consider environmentally responsible practices suggested in 
EPA's recommendations for infrastructure projects on a project-by-
project basis.
    20. Comment: NOAA received several comments about how the sanctuary 
would impact Great Lakes wind development in Lake Ontario.
    Response: NOAA is not aware of any current Great Lakes wind energy 
projects in the area. All proposed energy generation and transmission 
projects are subject to rigorous Federal and State review to minimize 
or avoid impacts to historic resources, including shipwrecks. NOAA will 
work with the relevant authorities, including New York State, to ensure 
that any proposed wind turbines and supporting infrastructure would be 
properly sited to avoid negative impacts to underwater cultural 
resources within the sanctuary.

Management Plan, Sanctuary Name, Operations

    21. Comment: NOAA received a number of suggestions during the 
public comment period regarding naming the national marine sanctuary in 
Lake Ontario, including: Lake Ontario National Marine Sanctuary, 
Eastern Lake Ontario National Marine Sanctuary, Shining Waters National 
Marine Sanctuary, Great Lake Ontario National Marine Sanctuary, Great 
Lake Ontario--Thousand Islands National Marine Sanctuary, Gateway to 
the West National Marine Sanctuary, Gateway National Marine Sanctuary, 
and Carr National Marine Sanctuary.
    Response: NOAA has decided to keep the name of the sanctuary as 
Lake Ontario National Marine Sanctuary. This decision was based on 
public comment, input from the Lake Ontario Sanctuary Advisory Council, 
and consultation with New York State, Indigenous Nations and Tribes, 
and local governments.
    22. Comment: NOAA received several comments encouraging NOAA to 
invest in visitor centers and other facilities for people to learn 
about the sanctuary, the history of the area, and Lake Ontario. 
Commenters identified Huron, NY; Wayne County, NY; the eastern shore; 
Henderson, NY; Sackets Harbor; Sodus Point, NY as places to consider 
for interpretive facilities.
    Response: NOAA agrees that facilities adjacent to the sanctuary are 
essential to its efforts to introduce the public to the sanctuary and 
to educate visitors about the significance of the area. Per the 
management plan Strategy SO-2, NOAA will conduct an infrastructure 
needs assessment to develop a `NOAA presence' in the sanctuary 
communities. The assessment will evaluate how NOAA and its partners can 
support the sanctuary's mission to provide a range of experiences to 
the public and then work with local communities, New York State, the 
Lake Ontario National Marine Sanctuary Advisory Council, and other 
appropriate partners to implement these plans.
    23. Comment: NOAA received comments on the draft management plan 
that supported certain activities and suggested specific other ideas 
for education, research, and interpretation activities for the 
sanctuary.

[[Page 48284]]

    Response: NOAA made revisions to the final management plan to add 
several new activities and clarify the intent of some of the existing 
activities. NOAA expanded some of the education activities to include 
working with partners on digital immersive experiences and other 
outreach opportunities; including partners to help determine the level 
of and type of visitor uses; and using side scan multi-beam sonar to 
map sanctuary resources. NOAA also added several new activities to 
address climate change, including integrating emissions reductions into 
sanctuary operations, considering how resource protection and 
management may need to evolve, and expanding education and outreach to 
include what climate change impacts in the Great Lakes and possible 
impacts to sanctuary resources. NOAA also added a new introduction to 
provide more background information about the sanctuary, the purpose of 
the management plan, and roles for NOAA, New York State, and the Lake 
Ontario National Marine Sanctuary Advisory Council.

Engagement With Indigenous Communities

    24. Comment: NOAA received a few comments on the importance of 
acknowledging the Haudenosaunee Confederacy's ancestral homelands along 
Lake Ontario and involving the Haudenosaunee Confederacy Nations and 
Tribes in the interpretation of the proposed sanctuary.
    Response: From the initiation of the designation process, NOAA has 
reached out to the seven federally recognized Indigenous Nations and 
Tribes in New York State that have connections to Lake Ontario. NOAA 
has engaged with the Onondaga Nation in government-to-government 
consultation throughout the designation process and has had meetings 
with the Seneca Nation. After designation, NOAA intends to continue to 
work in collaboration with the Indigenous Nations and Tribes to 
incorporate Indigenous history into sanctuary educational and outreach 
materials (including interpretive exhibits) and to collaborate on 
research regarding potential historic Indigenous resources in the area. 
Please refer to Section V.E. for more information on government-to-
government consultation.

Comments on Known Shipwrecks and Identified Threats to Sanctuary 
Resources

    25. Comment: NOAA received comments regarding the accuracy of 
information on the list of shipwrecks and suggestions that NOAA add 
dates for historical events.
    Response: NOAA researchers corroborated the edits suggested in 
these comments and NOAA has made corrections to the list of known 
shipwrecks in the FEIS. NOAA intends to continue to refine and update 
the shipwreck inventory over time as more information becomes 
available.
    26. Comment: NOAA received comments on its list of identified 
threats in the DEIS and the proposed rulemaking, including suggestions 
of additional threats (e.g., fishing equipment, such as downriggers), 
and skepticism about NOAA's ability to address impacts to the 
shipwrecks from natural threats identified in the DEIS and NPRM.
    Response: NOAA included entanglement of ``fishing equipment'' as a 
threat to underwater cultural and historical resources in both the DEIS 
and NPRM. NOAA has added downriggers as a specific example of fishing 
equipment in the FEIS and final rulemaking in response to commenters 
who noted damage to shipwrecks from this type of fishing equipment. 
NOAA also added two actions to the management plan (Activities RP 3.1 
and 3.2) to assess the amount and type of marine debris, including 
fishing gear, found on sanctuary resources and to remove debris from 
the sanctuary.
    NOAA included natural processes in the list of identified threats 
to explain that the long-term integrity of underwater cultural 
resources are affected by numerous factors. NOAA does not claim to be 
able to prevent some of these natural processes from occurring. Rather, 
acknowledging these processes provides context for the state of 
underwater cultural and historical resources, and NOAA will document 
and monitor the progress of these processes to inform research and 
management decisions. For example, while the establishment of a 
sanctuary cannot prevent climate change, it allows NOAA to monitor and 
document the effects of climate change on the deterioration rates of 
wooden shipwrecks in fresh water, which is important information for 
the scientific and archaeological community. The final management plan 
includes actions that support this goal.

V. Classification

A. National Marine Sanctuaries Act

    NOAA has determined that the designation of LONMS will not have a 
negative impact on the national marine sanctuary system and that 
sufficient resources exist to effectively implement sanctuary 
management plans and to update site characterizations. The finding for 
NMSA section 304(f) is published on the ONMS website for the Lake 
Ontario designation at https://sanctuaries.noaa.gov/lake-ontario.

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 NEPA (42 U.S.C. 4321-4370), NOAA has 
prepared a FEIS to evaluate the environmental effects of this action 
and alternatives. As this environmental review began before September 
14, 2020, which was the effective date of the amendments to the Council 
on Environmental Quality (CEQ) regulations implementing NEPA (85 FR 
43372 (Jul. 16, 2020)), the FEIS was prepared using the 1978 CEQ NEPA 
regulations. The Notice of Availability of the LONMS FEIS was made 
available to the public on April 19, 2024 (89 FR 28771). NOAA has also 
prepared a Record of Decision (ROD). Copies of the FEIS and ROD are 
available at the address and website listed in the ADDRESSES section of 
this final rule.

C. Executive Orders 12866: Regulatory Impact, 13563 Improving 
Regulation and Regulatory Review, and 14094: Modernizing Regulatory 
Review

    OMB has determined this rule is significant under Executive Order 
12866, and as supplemented by E.O. 14094 NOAA prepared an analysis of 
the potential costs and benefits associated with this action. This 
analysis, ``Supporting Economic Information for the Final Rulemaking 
Regarding Lake Ontario National Marine Sanctuary,'' is available in the 
docket.

D. Executive Order 13132: Federalism Assessment

    NOAA has concluded that this regulatory action does not have 
federalism implications sufficient to warrant preparation of a 
federalism assessment under Executive Order 13132 because NOAA 
supplements and complements State and local laws under the NMSA rather 
than supersedes or conflicts with them.

E. E.O. 13175 Consultation and Coordination With Indian Tribal 
Governments

    Under Executive Order 13175 of November 6, 2000, Federal 
departments and agencies are charged with engaging in regular and 
meaningful consultation and collaboration with officials of federally-
recognized Nations and Tribes on the development of Federal policies 
that have implications for Indigenous peoples and are responsible for

[[Page 48285]]

strengthening the government-to-government relationship between the 
United States and Indian Nations and Tribes. NOAA has concluded that 
this regulatory action does have Tribal implications under Executive 
Order 13175.
    NOAA invited the following federally-recognized Nations and Tribes 
to engage in government-to-government consultation on the sanctuary 
designation: Cayuga Nation, Oneida Nation, Onondaga Nation, Seneca 
Nation of Indians, Saint Regis Mohawk Tribe, Tonawanda Seneca Nation, 
and Tuscarora Nation. NOAA sent initial letters inviting the seven 
Nations and Tribes to participate in government-to-government 
consultation prior to publication of the Notice of Intent (December 14, 
2018). NOAA later sent notice of the DEIS publication (July 8, 2021) 
and the NPRM (January 19, 2023) to the same Nations and Tribes.
    The Onondaga Nation elected to engage in government-to-consultation 
with NOAA, and the initial government-to-government consultation 
meeting with the Onondaga Nation was held on July 30, 2020. The Seneca 
Nation of Indians chose to informally engage with NOAA throughout the 
designation process instead of participating in formal government-to-
government consultation. NOAA has also invited the seven federally-
recognized Nations and Tribes to participate in the development of a 
Programmatic Agreement to fulfill NOAA's obligations under section 106 
of the National Historic Preservation Act. In accordance with NOAA's 
policy on government-to-government consultation, the agency concluded 
the consultation with the Onondaga Nation on the designation process.
    Upon designation, NOAA will offer consultation to federally 
recognized Nations and Tribes on sanctuary actions that may have Tribal 
implications as described in E.O. 13175, including those actions that 
might affect the ability of Nation or Tribal citizens to participate in 
activities protected by the 1794 Treaty of Canandaigua.

F. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), as amended and codified at 5 
U.S.C. 601 et seq., requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to the notice and comment 
rulemaking requirements under the Administrative Procedure Act (5 
U.S.C. 553) or any other statute, unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Pursuant to section 605(b), the Chief Counsel 
for Regulation, Department of Commerce, submitted a memorandum to the 
Chief Counsel for Advocacy, Small Business Administration, certifying 
that the proposed rule would not have a significant impact on a 
substantial number of small entities. The rationale for that 
certification was set forth in the preamble of the proposed rule (88 FR 
3334, January 19, 2023), and NOAA's analysis stands.
    Although NOAA has made minor changes to the regulations from the 
proposed rule to the final rule, none of the changes alter the initial 
determination that this rule will not have a significant impact on a 
substantial number of small entities. NOAA also did not receive any 
comments on the certification or conclusions. Therefore, the 
determination that this rule will not have a significant economic 
impact on a substantial number of small entities remains unchanged. As 
a result, a final regulatory flexibility analysis was not required and 
none was prepared.

G. Paperwork Reduction Act

    Notwithstanding any other provisions 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 Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et 
seq., unless that collection of information displays a currently valid 
Office of Management and Budget (OMB) control number.
    NOAA has a valid Office of Management and Budget (OMB) control 
number (0648-0141) for the collection of public information related to 
the processing of permits across the National Marine Sanctuary System. 
Designating a national marine sanctuary in Lake Ontario will likely 
result in a minimal increase in the number of requests for general 
permits, special use permits, certifications, and authorizations 
because this action proposes to add those approval types for this 
sanctuary. A large increase in the number of permit requests would 
require a change to the reporting burden certified for OMB control 
number 0648-0141. While not expected, if such permit requests do 
increase, a revision to this control number for the processing of 
permits would be requested.
    In the most recent Information Collection Request revision and 
approval for national marine sanctuary permits (dated November 30, 
2021), NOAA reported approximately 424 national marine sanctuary 
permitting actions each year, including applications for all types of 
permits, requests for permit amendments, and the conduct of 
administrative appeals. Of this amount, LONMS is expected to add 4 to 5 
permit requests per year. The public reporting burden for national 
marine sanctuaries general permits is estimated to average three 
responses with an average of 1.5 hours per response, to include 
application submission, a cruise or flight log (or some other form of 
activity report), and a final summary report after the activity is 
complete. Therefore, the total annual burden hours is expected to 
increase by approximately 18 to 22.5 hours.
    NOAA determined that these regulations do not necessitate a 
modification to its information collection approval by the Office of 
Management and Budget under the Paperwork Reduction Act. NOAA solicited 
comments on this determination in the proposed rule, and no public 
comments were received.

H. National Historic Preservation Act

    Section 106 of the National Historic Preservation Act (NHPA, 54 
U.S.C. 306108) requires Federal agencies to consider the effects of 
their undertakings on historic properties and afford the Advisory 
Council on Historic Preservation (ACHP) an opportunity to comment. 
``Historic property'' means any prehistoric or historic district, site, 
building, structure, or object included in or eligible for inclusion in 
the National Register of Historic Places maintained by the Secretary of 
the Interior. This term includes artifacts, records, and material 
remains that are related to and located within such properties, 
including properties of traditional religious and cultural importance 
to an Indigenous Nation or Tribe or Native Hawaiian organization. The 
regulations implementing section 106 of the NHPA (36 CFR 800) guide 
Federal agencies in meeting this responsibility through a process to 
identify historic properties potentially affected by the undertaking, 
assess its effects, and seek ways to avoid, minimize, or mitigate any 
adverse effects on historic properties, all of which occur in 
consultation with interested parties.
    NOAA has determined that although designation of LONMS and the 
promulgation of sanctuary-specific regulations meet the definition of 
an undertaking as defined at 800.16(y), these activities are not of the 
type that have the potential to cause effects on historic properties. 
Therefore, NOAA has no further obligations under section 106, per 
800.3(a)(1). However, NOAA recognizes that designation of a national 
marine sanctuary will lead to subsequent activities that may

[[Page 48286]]

constitute undertakings subject to section 106 review under the NHPA 
and, therefore, NOAA is pursuing execution of a Programmatic Agreement 
(PA) pursuant to 36 CFR 800.14(b). The PA will provide a framework and 
process for consideration of future undertakings resulting from 
management of the sanctuary, associated field operations, and other 
activities. NOAA will develop this agreement in consultation with the 
New York State Historic Preservation Officer (SHPO), and the ACHP, with 
the Onondaga Nation participating as a consulting party.

I. Sunken Military Craft Act

    The Sunken Military Craft Act of 2004 (SMCA; Pub. L. 108-375, Title 
XIV, sections 1401 to 1408; 10 U.S.C. 113 note) preserves and protects 
from unauthorized disturbance all sunken military craft that are owned 
by the United States government, as well as foreign sunken military 
craft that lie within United States waters, as defined in the SMCA. 
These craft, and their associated contents, represent a collection of 
non-renewable and significant historical resources that may also serve 
as maritime graves, carry unexploded ordnance, or contain oil and other 
hazardous materials.
    Sunken military craft are administered by the respective Secretary 
concerned pursuant to the SMCA. The Secretary concerned is solely 
responsible for authorizing disturbance of sunken military craft under 
the SMCA, specifically for archaeological, historical, or educational 
purposes, and will consult with NOAA when considering permitting such 
activities. The Secretary concerned is also responsible for 
determinations of sunken military craft status and ownership, publicly 
disclosing the location of sunken military craft, and for determining 
eligibility and nominating sunken military craft as historic properties 
to the National Register of Historic Places. Any agreements with 
foreign sovereigns regarding sunken military craft in U.S. waters are 
negotiated by the Secretary of Defense, the Secretary of State, and the 
Secretary of the Navy, according to authorities vested in each by the 
SMCA. The Secretary concerned, or his or her designee, and NOAA will 
ensure coordination and foster collaboration on any research, 
monitoring, and educational activities pertaining to sunken military 
craft located within the sanctuary system.
    Two known sunken military craft are located within LONMS (U.S. 
Coast Guard Cable Boat 56022 and a U.S. Army Air Force C-45 Expeditor) 
and the sanctuary may include additional sunken military craft that 
have yet to be discovered.

J. Coastal Zone Management Act (CZMA)

    Section 307(c) of the Coastal Zone Management Act (CZMA; 16 U.S.C. 
1451 et seq.) requires Federal activities affecting the land or water 
uses or natural resources of a State's coastal zone to be consistent 
with that State's approved coastal management program to the maximum 
extent practicable. 16 U.S.C. 1456(c). In January 2023, NOAA initiated 
Federal consistency review with the New York State's Coastal Management 
Program. The New York Coastal Management Program provided comments to 
NOAA on the proposed rule. The New York Coastal Management Program 
issued a letter of concurrence with NOAA's consistency determination on 
April 7, 2023.

K. Executive Order 12898: Environmental Justice and Executive Order 
14096: Revitalizing Our Nation's Commitment on Environmental Justice 
for All

    Executive Order 12898 directs that the programs of Federal agencies 
identify and avoid disproportionately high and adverse effects on human 
health and the environment of minority or low-income populations. The 
designation of national marine sanctuaries by NOAA helps to ensure the 
enhancement of environmental quality for all populations in the United 
States. Designating the sanctuary will not result in disproportionate 
negative impacts on any minority or low-income population. In addition, 
many of the impacts from designating the sanctuary will result in long-
term or permanent beneficial impacts by protecting underwater cultural 
and historical resources, which may have a positive impact on 
communities by providing employment and educational opportunities, and 
potentially result in improved ecosystem services.
    Executive Order 14096 builds on and supplements the foundational 
efforts of Executive Order 12898. This new Executive Order directs 
federal agencies to better protect overburdened communities from 
pollution and environmental harms; strengthen engagement with 
communities and mobilize federal agencies to confront existing and 
legacy barriers and injustices; promote the latest science, data, and 
research, including on cumulative impacts; increase accountability and 
transparency in federal environmental justice policy; and honor and 
build on the foundation of ongoing environmental justice work. The 
designation of the sanctuary, with a focus on community well-being and 
improving access to resources, will address the goals of Executive 
Order 14096.

List of Subjects in 15 CFR Part 922

    Administrative practice and procedure, Coastal zone, Cultural 
resources, Historic preservation, Marine protected areas, Marine 
resources, National marine sanctuaries, Recreation and recreation 
areas, Reporting and recordkeeping requirements, Shipwrecks.

Nicole R. LeBoeuf,
Assistant Administrator for Ocean Services and Coastal Zone Management, 
National Ocean Service, National Oceanic and Atmospheric 
Administration.

    For the reasons set forth above, NOAA is amending 15 CFR part 922 
as follows:

PART 922--NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS

0
1. The authority citation for part 922 continues to read as follows:

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


0
2. Amend Sec.  922.1 by revising paragraph (a)(2) to read as follows:


Sec.  922.1  Purposes and applicability of the regulations

    (a) * * *
    (2) To implement the designations of the national marine 
sanctuaries, for which site specific regulations appear in subparts F 
through U of this part, by regulating activities affecting them, 
consistent with their respective terms of designation, in order to 
protect, restore, preserve, manage, and thereby ensure the health, 
integrity and continued availability of the conservation, recreational, 
ecological, historical, scientific, educational, cultural, 
archaeological and aesthetic resources and qualities of these areas.
* * * * *

0
3. Revise Sec.  922.4 to read as follows:


Sec.  922.4  Boundaries

    The boundaries for each of the sixteen National Marine Sanctuaries 
covered by this part are described in subparts F through U, 
respectively.

0
4. Revise Sec.  922.6 to read as follows:


Sec.  922.6  Prohibited or otherwise regulated activities

    Subparts F through U set forth site-specific regulations applicable 
to the activities specified therein.

[[Page 48287]]


0
5. In Sec.  922.7, add paragraph (b)(7) to read as follows:


Sec.  922.7  Emergency regulations.

* * * * *
    (b) * * *
    (7) Lake Ontario National Marine Sanctuary, Sec.  922.224.

0
6. Amend Sec.  922.11 by revising the definition of ``sanctuary 
resource'' to read as follows:


Sec.  922.11  Definitions.

* * * * *
    Sanctuary resource means any living or non-living resource of a 
national marine sanctuary, or the parts or products thereof, that 
contributes to the conservation, recreational, ecological, historical, 
educational, cultural, archaeological, scientific, or aesthetic value 
of the national marine sanctuary, including, but not limited to, waters 
of the sanctuary, the seabed or submerged lands of the sanctuary, other 
submerged features and the surrounding seabed, carbonate rock, corals 
and other bottom formations, coralline algae and other marine plants 
and algae, marine invertebrates, brine-seep biota, phytoplankton, 
zooplankton, fish, birds, sea turtles and other marine reptiles, marine 
mammals, and maritime heritage, cultural, archaeological, and 
historical resources. For Thunder Bay National Marine Sanctuary and 
Underwater Preserve, Sanctuary resource is defined at Sec.  922.191. 
For Hawaiian Islands Humpback Whale, Sanctuary resource is defined at 
Sec.  922.182. For Mallows Bay-Potomac River National Marine Sanctuary, 
Sanctuary resource is defined at Sec.  922.201(a). For Wisconsin 
Shipwreck Coast National Marine Sanctuary, sanctuary resource is 
defined at Sec.  922.211. For Lake Ontario National Marine Sanctuary, 
sanctuary resource is defined at Sec.  922.221.
* * * * *

0
7. Amend Sec.  922.30 by revising paragraph (a)(2) to read as follows:


Sec.  922.30   National Marine Sanctuary general permits.

    (a) * * *
    (2) The permit procedures and criteria for all national marine 
sanctuaries in which the proposed activity is to take place in 
accordance with relevant site-specific regulations appearing in 
subparts F through U of this part.
* * * * *

0
8. Amend 922.36 by revising paragraphs (a) and (b)(1)(ii) to read as 
follows:


Sec.  922.36  National Marine Sanctuary authorizations.

    (a) Authority to issue authorizations. The Director may authorize a 
person to conduct an activity otherwise prohibited by subparts L 
through P, subpart R, or subpart U of this part, if such activity is 
specifically allowed by any valid Federal, State, or local lease, 
permit, license, approval, or other authorization (hereafter called 
``agency approval'') issued after the effective date of sanctuary 
designation or expansion, provided the applicant complies with the 
provisions of this section. Such an authorization by ONMS is hereafter 
referred to as an ``ONMS authorization.''
    (b) * * *
    (1) * * *
    (ii) Notification must be sent to the Director, Office of National 
Marine Sanctuaries, to the attention of the relevant Sanctuary 
Superintendent(s) at the address specified in subparts L through P, 
subpart R, or subpart U, as appropriate.
* * * * *

0
9. Add subpart U to read as follows:
Subpart U--Lake Ontario National Marine Sanctuary
Sec.
922.220 Boundary.
922.221 Definitions.
922.222 Co-management.
922.223 Prohibited or otherwise regulated activities.
922.224 Emergency regulations.
922.225 Permit procedures and review criteria.
922.226 Certification of preexisting leases, licenses, permits, 
approvals, other authorizations, or rights to conduct a prohibited 
activity.
922.227 Effect on affected federally-recognized Indian Tribes.
Appendix A to Subpart U of Part 922--Lake Ontario National Marine 
Sanctuary Boundary Description and Coordinates of the Excluded Areas
Appendix B to Subpart U of Part 922--Lake Ontario National Marine 
Sanctuary Terms of Designation

Subpart U--Lake Ontario National Marine Sanctuary


Sec.  922.220  Boundary.

    Lake Ontario National Marine Sanctuary consists of an area of 
approximately 1,300 square nautical miles (1,722 square miles) of Lake 
Ontario waters within New York State and the submerged lands 
thereunder; over, around, and under the submerged underwater cultural 
and historical resources in Lake Ontario. The precise boundary 
coordinates are listed in Appendix A to this subpart. The western 
boundary of the sanctuary begins at approximately the border between 
Wayne County and Monroe County where the shoreline (defined here and 
throughout the remainder of this boundary description as the low water 
datum) intersects the line segment formed between Point 1 and Point 2. 
From this intersection the sanctuary boundary continues north into Lake 
Ontario to Point 2 and then to each successive point in numerical order 
to Point 7. From Point 7 the sanctuary boundary continues east to each 
successive point in numerical order to Point 10. From Point 10 the 
boundary continues roughly to the northeast to Point 11 and then to 
Point 12 just southeast of Wolfe Island, ON, Canada and the end of 5th 
Line Road. From Point 12 the boundary continues roughly southeast 
towards Point 13 until it intersects the shoreline at the low water 
datum at Tibbetts Point near the Tibbetts Point Lighthouse southwest of 
Cape Vincent, New York. From this intersection the boundary follows the 
shoreline roughly to the southeast around Tibbetts Point and then 
continues roughly to the southeast around Wilson Point and Dablon Point 
until it intersects the line segment formed between Point 14 and Point 
15 at the Rt. 6 bridge at the upper end of Mud Bay. From this 
intersection the boundary continues towards Point 15 until it 
intersects the shoreline at approximately the mouth of Kents Creek. 
From this intersection the boundary follows the shoreline to the 
southwest around Baird Point continuing roughly southeast cutting 
across the mouths of creeks and streams around Point Peninsula and 
along western and then northern Chaumont Bay until it intersects the 
line segment formed between Point 16 and Point 17. From this 
intersection the boundary continues across the Chaumont River towards 
Point 17 until it intersects the shoreline near the eastern side of the 
West Main Street bridge. From this intersection the boundary follows 
the shoreline around eastern Chaumont Bay, Point Salubrious, and Guffin 
Bay cutting across the mouths of rivers, streams, and creeks and then 
around Pillar Point and Everleigh Point and up the western side of 
Black River Bay until it intersects the line segment formed between 
Point 18 and Point 19 at approximately the mouth of Black River. From 
this intersection the boundary continues across the Black River towards 
Point 19 until it intersects the shoreline. From this intersection the 
boundary follows the shoreline roughly southwest along the eastern side 
of Black River Bay and then southwest along the eastern side of 
Henderson Bay

[[Page 48288]]

continuing around Stony Point and then roughly south cutting across the 
mouths of rivers, streams, creeks, and ponds until it intersects the 
line segment formed between Point 20 and Point 21 at the mouth of the 
Salmon River near Port Ontario. From this intersection the boundary 
continues to Point 21 and each successive point in numerical order to 
Point 24. From Point 24 the boundary continues towards Point 25 until 
it intersects the shoreline. From this intersection the boundary 
follows the shoreline south and then west around Mexico Bay cutting 
across the mouths of rivers, streams, creeks, and ponds until it 
intersects the line segment formed between Point 26 and Point 27 just 
east of Oswego Harbor. From this intersection the boundary continues 
towards Point 27 until it intersects the shoreline at the eastern 
breakwater of Oswego Harbor. From this intersection the boundary 
follows the lakeward shoreline northwest along the breakwater until it 
intersects the line segment formed between Point 28 and Point 29. From 
this intersection the boundary continues across the mouth of Oswego 
Harbor to Point 29 and each successive point in numerical order to 
Point 34. From Point 34 the boundary continues towards Point 35 until 
it intersects the shoreline at the end of the western breakwater of 
Oswego Harbor. From this intersection the boundary follows the lakeward 
shoreline roughly to the southwest cutting across the mouths of rivers, 
streams, creeks, and ponds until it intersects the line segment formed 
between Point 36 and Point 37 on the eastern side of the mouth of The 
Pond. From this intersection the boundary continues across the mouth of 
The Pond towards Point 37 until it intersects the shoreline on the 
western side. From this intersection the boundary follows the shoreline 
west and then north to the intersection of the line segment formed 
between Point 38 and Pont 39 at the northern end of the eastern 
breakwater of Little Sodus Bay. From this intersection the boundary 
continues across the mouth of Little Sodus Bay to Point 39 and each 
successive point in numerical order to Point 42. From Point 42 the 
boundary continues towards Point 43 until it intersects the shoreline 
at the northern end of the western breakwater of Little Sodus Bay. From 
this intersection the boundary follows the lakeward shoreline roughly 
west until it intersects the line segment formed between Point 44 and 
Point 45 on the eastern side of the mouth of Blind Sodus Bay. From this 
intersection the boundary continues to the intersection of the 
shoreline and the line segment formed between Point 46 and Point 47 on 
the western side of the mouth of Blind Sodus Bay. From this 
intersection the boundary follows the shoreline roughly southwest 
cutting across the mouths of rivers, streams, creeks, and ponds until 
it intersects the line segment formed between Point 48 and the 
intersection of the shoreline and the line segment formed between Point 
49 and Point 50 on the eastern side of the mouth of Port Bay. From this 
intersection on the eastern side of the mouth of Port Bay the boundary 
continues to the intersection of the shoreline and the line segment 
formed between Point 49 and 50 on the western side of the mouth of Port 
Bay. From this intersection the boundary follows the shoreline roughly 
west until it intersects the line segment formed between Point 51 and 
the intersection of the shoreline and the line segment formed between 
Point 52 and Point 53 on the eastern side of the mouth of East Bay. 
From this intersection on the eastern side of the mouth of East Bay the 
boundary continues to the intersection of the shoreline and the line 
segment formed between Point 52 and Point 53 on the western side of the 
mouth of East Bay. From this intersection the boundary follows the 
shoreline roughly west until it interests the line segment formed 
between Point 54 and Point 55 at the northern end of the eastern 
breakwater of Sodus Bay. From this intersection the boundary continues 
across the mouth of Sodus Bay to Point 55 and each successive point in 
numerical order to Point 61. From Point 61 the boundary continues 
towards Point 62 until it intersects the shoreline at the northern end 
of the western breakwater of Sodus Bay. From this intersection the 
boundary follows the shoreline roughly west cutting across the mouths 
of rivers, streams, creeks, and ponds until it intersects the line 
segment formed between Point 63 and Point 64 south of the mouth of 
Salmon Creek near Pultneyville, NY. From this intersection the boundary 
continues to Point 64 and each successive point in numerical order to 
Point 69. From Point 69 the boundary continues towards Point 70 until 
it intersects the shoreline north of the mouth of Salmon Creek. From 
this intersection the boundary follows the shoreline roughly west until 
it intersects the line segment formed between Point 71 and Point 72 at 
the eastern side of the R.E. Ginna Nuclear Power Plant water outfall. 
From this intersection the boundary continues towards Point 72 until it 
intersects the shoreline on the western side of the R.E. Ginna Nuclear 
Power Plant water outfall. From this intersection the boundary follows 
the shoreline west cutting across the mouths of rivers, streams, 
creeks, and ponds until it intersects the line segment formed between 
Point 73 and Point 74 where it ends. The inner landward sanctuary 
boundary is defined by and follows the shoreline as defined by the low 
water datum where not already specified in the boundary description 
above. The Tibbetts Point Anchorage Area is excluded from the sanctuary 
area described above, and its boundary begins at Point TPAA1 and 
continues to each successive point in numerical order until ending at 
Point TPAA7.


Sec.  922.221  Definitions.

    The following terms are defined for purposes of this subpart U:
    Sanctuary resource means all historical resources as defined at 15 
CFR 922.11, which includes any pre-contact and historic sites, 
structures, districts, objects, and shipwreck sites within sanctuary 
boundaries.
    Shipwreck site means all archaeological and material remains 
associated with sunken watercraft or aircraft that are historical 
resources, including associated components, cargo, contents, artifacts, 
or debris fields that may be exposed or buried within the lake bed.
    Tethered underwater mobile system means remotely operated vehicles 
and other systems with onboard propulsion systems that utilize a tether 
connected to a station-holding (e.g. by anchor, dynamic positioning, or 
manual vessel operation) surface support vessel.


Sec.  922.222  Co-management.

    (a) NOAA has primary responsibility for the management of the 
Sanctuary pursuant to the Act. However, as the Sanctuary is in State 
waters, NOAA will co-manage Lake Ontario National Marine Sanctuary in 
collaboration with New York State. The Director may enter into a 
Memorandum of Agreement regarding this collaboration that may address, 
but not be limited to, such aspects as areas of mutual concern, 
including sanctuary resource protection, programs, permitting, 
activities, development, and threats to sanctuary resources.
    (b) Furthermore, sunken military craft are administered by the 
respective Secretary concerned pursuant to the Sunken Military Craft 
Act. The Director will enter into a Memorandum of Agreement regarding 
collaboration with other federal agencies charged with implementing the 
Sunken Military Craft Act that may address aspects of

[[Page 48289]]

managing and protecting sunken military craft. The Director will 
request approval from the Secretary concerned for any terms and 
conditions of ONMS authorizations that may involve sunken military 
craft.


Sec.  922.223  Prohibited or otherwise regulated activities.

    (a) Except as specified in paragraph (b) of this section, the 
following activities are prohibited and thus are unlawful for any 
person to conduct or to cause to be conducted:
    (1) Moving, removing, recovering, altering, destroying, possessing 
or otherwise injuring, or attempting to move, remove, recover, alter, 
destroy, possess or otherwise injure a sanctuary resource.
    (2) Possessing, selling, offering for sale, purchasing, importing, 
exporting, exchanging, delivering, carrying, transporting, or shipping 
by any means any sanctuary resource within or outside of the sanctuary.
    (3) Grappling into or anchoring on shipwreck sites.
    (4) Deploying a tethered underwater mobile system at shipwreck 
sites.
    (5) Interfering with, obstructing, delaying or preventing an 
investigation, search, seizure or disposition of seized property in 
connection with enforcement of the Act or any regulation or any permit 
issued under the Act.
    (b) The prohibitions in paragraphs (a)(1) through (5) of this 
section do not apply to any activity necessary to respond to an 
emergency threatening life, property, or the environment; or to 
activities necessary for valid law enforcement purposes.


Sec.  922.224  Emergency regulations.

    (a) Where necessary to prevent or minimize the destruction of, loss 
of, or injury to a sanctuary resource, or to minimize the imminent risk 
of such destruction, loss, or injury, any and all activities are 
subject to immediate temporary regulation, including prohibition. An 
emergency regulation shall not take effect without the approval of the 
Governor of New York or her/his designee or designated agency.
    (b) Emergency regulations remain in effect until a date fixed in 
the rule or six months after the effective date, whichever is earlier. 
The rule may be extended once for not more than six months.


Sec.  922.225  Permit procedures and review criteria.

    (a) A person may conduct an activity otherwise prohibited by Sec.  
922.223(a)(1) through (4) if conducted under and in accordance with the 
scope, purpose, terms and conditions of a permit issued under this 
section and subpart D of this part.
    (b) Applications for such permits should be addressed to the 
Director, Office of National Marine Sanctuaries; ATTN: Superintendent, 
Lake Ontario National Marine Sanctuary, 1305 East-West Highway, Silver 
Spring, MD 20910.


Sec.  922.226  Certification of preexisting leases, licenses, permits, 
approvals, other authorizations, or right to conduct a prohibited 
activity.

    (a) A person may conduct an activity prohibited by Sec.  
922.223(a)(1) through (4) within the sanctuary if such activity is 
specifically authorized by a valid Federal, State, or local lease, 
permit, license, or right of subsistence use or of access that is in 
existence on the effective date of sanctuary designation, provided that 
the holder of the lease, permit, license, or right of subsistence use 
or of access complies with Sec.  922.10 and provided that:
    (1) The holder of such authorization or right notifies the 
Director, in writing, within 90 days of the effective date of the 
sanctuary designation of the existence and location of such 
authorization or right and requests certification of such authorization 
or right; and
    (2) The holder complies with any terms and conditions on the 
exercise of such authorization or right imposed as a condition of 
certification, by the Director, to achieve the purposes for which the 
sanctuary was designated.
    (b) Requests for certifications shall be addressed to the Director, 
Office of National Marine Sanctuaries; ATTN: Sanctuary Superintendent, 
Lake Ontario National Marine Sanctuary, 1305 East-West Hwy., 10th 
Floor, Silver Spring, MD 20910 or sent by electronic means as defined 
in the instructions for the ONMS permit application. A copy of the 
lease, permit, license, or right of subsistence use or of access must 
accompany the request.
    (c) A certification requester with an authorization or right 
described in paragraph (a) of this section authorizing an activity 
prohibited by Sec.  922.223(a)(1) through (4) may continue to conduct 
the activity without being in violation of applicable provisions of 
Sec.  922.223(a)(1) through (4), pending the Director's review of and 
decision regarding his or her certification request.
    (d) The Director may request additional information from the 
certification requester as the Director deems reasonably necessary to 
condition appropriately the exercise of the certified authorization or 
right to achieve the purposes for which the sanctuary was designated. 
The Director must receive the information requested within 45 days of 
the date of the Director's request for information. Failure to provide 
the requested information within this time frame may be grounds for 
denial by the Director of the certification request.
    (e) In considering whether to issue a certification, the Director 
may seek and consider the views of any other person or entity, within 
or outside the Federal government, and may hold a public hearing as 
deemed appropriate by the Director.
    (f) Upon completion of review of the authorization or right and 
information received with respect thereto, the Director shall 
communicate, in writing, any decision on a certification request or any 
action taken with respect to any certification made under this section, 
in writing, to both the holder of the certified lease, permit, license, 
approval, other authorization, or right, and the issuing agency, and 
shall set forth the reason(s) for the decision or action taken.
    (g) The Director may amend, suspend, or revoke any certification 
issued under this section whenever continued operation would otherwise 
be inconsistent with any terms or conditions of the certification. Any 
such action shall be forwarded in writing to both the certification 
holder and the agency that issued the underlying lease, permit, 
license, or right of subsistence use or of access, and shall set forth 
reason(s) for the action taken.
    (h) The Director may amend any certification issued under this 
section whenever additional information becomes available that he or 
she determines justifies such an amendment.
    (i) The certification holder may appeal any action conditioning, 
amending, suspending, or revoking any certification in accordance with 
the procedures set forth at Sec.  922.37.
    (j) Any time limit prescribed in or established under this section 
may be extended by the Director for good cause.
    (k) It is unlawful for any person to violate any terms and 
conditions in a certification issued under this section.


Sec.  922.227  Effect on affected federally recognized Nations and 
Tribes.

    The exercise of treaty rights for federally recognized Nations and 
Tribes and their citizens is not modified, altered, or in any way 
affected by the regulations promulgated in this subpart. The Director 
shall consult with the governing body of each federally-

[[Page 48290]]

recognized Nation and Tribe protected by the 1794 Treaty of Canandaigua 
regarding any matter which might affect the ability of the Nation and 
Tribe's citizens to participate in activities protected by that treaty 
in the Sanctuary.

Appendix A to Subpart U of Part 922-- Lake Ontario National Marine 
Sanctuary Boundary Description and Coordinates of the Excluded Areas

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

------------------------------------------------------------------------
                   Point ID                      Longitude     Latitude
------------------------------------------------------------------------
1 *...........................................    -77.37605     43.27611
2.............................................    -77.37595     43.28695
3.............................................    -77.37586     43.29671
4.............................................    -77.37621     43.34516
5.............................................    -77.37720     43.37579
6.............................................    -77.38799     43.63154
7.............................................    -77.38811     43.63443
8.............................................    -77.27009     43.63406
9.............................................    -77.03338     43.63283
10............................................    -76.79668     43.63112
11............................................    -76.43893     44.09406
12............................................    -76.39866     44.11289
13 *..........................................    -76.37053     44.10060
14 *..........................................    -76.31232     44.08230
15 *..........................................    -76.31207     44.08198
16 *..........................................    -76.14042     44.07041
17 *..........................................    -76.13852     44.06959
18 *..........................................    -76.06446     43.99626
19 *..........................................    -76.06179     43.99401
20 *..........................................    -76.20404     43.57746
21............................................    -76.20447     43.57758
22............................................    -76.20714     43.58113
23............................................    -76.20748     43.58099
24............................................    -76.20503     43.57775
25 *..........................................    -76.20529     43.57783
26 *..........................................    -76.50692     43.46890
27 *..........................................    -76.50783     43.46975
28 *..........................................    -76.51393     43.47389
29............................................    -76.51426     43.47384
30............................................    -76.51761     43.47726
31............................................    -76.52558     43.47878
32............................................    -76.52597     43.47667
33............................................    -76.51946     43.47543
34............................................    -76.51629     43.47349
35 *..........................................    -76.51675     43.47341
36 *..........................................    -76.69906     43.34447
37 *..........................................    -76.69941     43.34458
38 *..........................................    -76.70792     43.35032
39............................................    -76.70816     43.35033
40............................................    -76.70883     43.35635
41............................................    -76.70939     43.35632
42............................................    -76.70873     43.35032
43 *..........................................    -76.70895     43.35029
44 *..........................................    -76.72070     43.34361
45 *..........................................    -76.72068     43.34402
46 *..........................................    -76.72158     43.34399
47 *..........................................    -76.72161     43.34363
48 *..........................................    -76.83715     43.30499
49 *..........................................    -76.83720     43.30583
50 *..........................................    -76.83817     43.30492
51 *..........................................    -76.89154     43.29490
52 *..........................................    -76.89170     43.29537
53 *..........................................    -76.89215     43.29513
54 *..........................................    -76.97229     43.27682
55............................................    -76.97277     43.27698
56............................................    -76.97276     43.27705
57............................................    -76.97254     43.27759
58............................................    -76.97227     43.28239
59............................................    -76.97340     43.28243
60............................................    -76.97367     43.27763
61............................................    -76.97356     43.27724
62 *..........................................    -76.97398     43.27738
63 *..........................................    -77.18445     43.28297
64............................................    -77.18445     43.28306
65............................................    -77.18304     43.28320
66............................................    -77.18278     43.28414
67............................................    -77.18315     43.28419
68............................................    -77.18334     43.28349
69............................................    -77.18444     43.28324
70 *..........................................    -77.18444     43.28338
71 *..........................................    -77.30817     43.27903
72 *..........................................    -77.30843     43.27902
73 *..........................................    -77.37605     43.27611
74............................................    -77.37595     43.28695
TPAA1.........................................    -76.39049     44.08896
TPAA2.........................................    -76.37805     44.08940
TPAA3.........................................    -76.38611     44.07613
TPAA4.........................................    -76.39271     44.06881
TPAA5.........................................    -76.41217     44.07577
TPAA6.........................................    -76.39897     44.09566
TPAA7.........................................    -76.39049     44.08896
------------------------------------------------------------------------
Note: The coordinates in the table above marked with an asterisk (*) are
  not a part of the sanctuary boundary. These coordinates are landward
  reference points used to draw a line segment that intersects with the
  shoreline at the low water datum.

Appendix B to Subpart U of Part 922--Lake Ontario National Marine 
Sanctuary Terms of Designation

    Under the authority of the National Marine Sanctuaries Act, as 
amended (the ``Act'' or ``NMSA''), 16 U.S.C. 1431 et seq., 1,300 
nmi\2\ (1,722 mi\2\) of Lake Ontario off the coast of New York's 
coastal counties of Wayne, Cayuga, Oswego, and Jefferson are hereby 
designated as a National Marine Sanctuary for the purpose of 
providing long-term protection and management of the cultural and 
historical resources and the recreational, research, educational, 
and aesthetic qualities of the area.

Article I: Effect of Designation

    The NMSA authorizes the issuance of such regulations as are 
necessary and reasonable to implement the designation, including 
managing and protecting the cultural and historical resources and 
the recreational, research, and educational qualities of Lake 
Ontario National Marine Sanctuary (the ``Sanctuary''). Section 1 of 
Article IV of this Designation Document lists those activities that 
may have to be regulated on the effective date of designation, or at 
some later date, in order to protect Sanctuary resources and 
qualities. Listing an activity does not necessarily mean that it 
will be regulated. However, if an activity is not listed it may not 
be regulated, except on an emergency basis, unless Section 1 of 
Article IV is amended by the same procedures by which the original 
Sanctuary designation was made.

Article II: Description of the Area

    Lake Ontario National Marine Sanctuary covers approximately 
1,300 nmi\2\ (1,722 mi\2\) in eastern Lake Ontario. The boundary 
coordinates are defined by regulation (15 CFR 922.220).

Article III: Special Characteristics of the Area

    Over 1,000 years ago, the Mohawk, Oneida, Onondaga, Cayuga and 
Seneca Nations were united into the Haudenosaunee Confederacy, under 
the Gayanashagowa, the Great Law of Peace. The Tuscarora later 
joined the Haudenosaunee Confederacy. Portions of the original 
homelands of the Onondaga Nation, Cayuga Nation, Seneca Nation, and 
Oneida Nation lie within the boundaries of the sanctuary. This area 
was their homeland and they developed a deep understanding of, and 
had a strong connection to, the land and to the water.
    Eastern Lake Ontario represents a diverse array of important 
events in our Nation's history, including military conflicts, 
maritime innovation, and American expansion to the west. This area 
has been a critical nexus of maritime trade and transportation for 
centuries, beginning with canoes and boats of early Indigenous 
peoples. During the colonial period, Lake Ontario was a strategic 
theater of conflict among European powers and the young American 
republic. Military actions occurred in the region during the French 
and Indian War, Revolutionary War, and the War of 1812. Later, this 
region was critical to the development of the American West and the 
Nation's industrial core.
    Well-preserved by cold, fresh water, the shipwrecks and other 
underwater cultural and historical resources in the sanctuary 
possess exceptional historical, archaeological and recreational 
value. Vessels that historically plied Lake Ontario's waters often 
met with treacherous conditions, which resulted in numerous wrecking 
events. The area contains a total of 41 known shipwrecks and one 
aircraft, including one shipwreck (St. Peter) that is listed on the 
National Register of Historic Places and one wreck (David Mills) 
that is a New York State Submerged Cultural Preserve and Dive Site. 
This area may also include approximately 19 potential shipwreck 
sites (shipwrecks that may exist, but additional research is needed 
to locate and describe these shipwrecks), three aircraft, and 
several other underwater archaeological sites. Represented in the 
collection are commercial and military vessels from colonial wars 
and the War of 1812, as well as submerged battlefields at Oswego and 
Sackets Harbor. Other shipwrecks represent the earliest maritime 
commerce on the Great Lakes, including the nearly intact sloop 
Washington built in 1797.

Article IV: Scope of Regulations

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, 
historical, scientific, educational, cultural, archaeological, or 
aesthetic resources and qualities of the area. Listing an activity 
in the Terms of Designation does not mean that such activity is 
being or will be regulated. Listing an activity here means that 
Secretary of Commerce can regulate the activity, after complying 
with all applicable regulatory

[[Page 48291]]

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).
    Activities Subject to Regulation:
     Injuring or disturbing sanctuary resources;
     Possessing, transporting, or engaging in commerce of 
any sanctuary resource;
     Grappling into or anchoring on shipwreck sites;
     Deploying tethered underwater mobile systems at 
shipwreck sites;
     Interfering with an investigation in connection with 
enforcement of the NMSA.

Section 2. Emergencies

    Where necessary to prevent or minimize the destruction of, loss 
of, or injury to a Sanctuary resource or quality; or minimize the 
imminent risk of such destruction, loss, or injury, any activity and 
all activities, including those not listed in Section 1, are subject 
to immediate temporary regulation, including prohibition. An 
emergency regulation shall not take effect without the approval of 
the Governor of New York or her/his designee or designated agency.

Article V: Alteration of this Designation

    The terms of designation, as defined under Section 304(a)(4) of 
the Act, may be modified only by the same procedures by which the 
original designation is made, including public hearings, 
consultations with interested Federal, Tribal, State, regional, and 
local authorities and agencies, review by the appropriate 
Congressional committees, and approval by the Secretary of Commerce, 
or his or her designee.


Sec.  922.223  [Amended]

0
10. Stay Sec.  922.223(a)(3) until July 21, 2026.

[FR Doc. 2024-11982 Filed 6-5-24; 8:45 am]
BILLING CODE 3510-NK-P