43870 Federal Register / Vol. 63, No. 158 / Monday, August 17, 1998 / Rules and Regulations U.S.C. 553) because: (1) The 1998±99 SUMMARY: The National Oceanic and effective July 1, 1997, and codified at 15 fiscal year began on July 1, 1998, and Atmospheric Administration amends CFR Part 922, Subpart P. the marketing order requires that the the regulations for the Florida Keys In September 1997, NOAA became rate of assessment for each fiscal year National Marine Sanctuary (FKNMS or aware that significant injury to, and apply to all assessable papayas handled Sanctuary) to reinstate and make destruction of, living coral on the during such fiscal year; (2) the permanent the temporary prohibition on Tortugas Bank, west of the Dry Tortugas Committee needs to have sufficient anchoring by vessels 50 meters or National Park, was being caused by the funds to pay its expenses which are greater in registered length on Tortugas anchoring of vessels 50 meters or greater incurred on a continuous basis; and (3) Bank. The preamble to this rule contains in registered length. handlers are aware of this action which an environmental assessment for this Section 922.165 of the Sanctuary was recommended by the Committee at action. The intent of this rule is to regulations provides that, where a public meeting and is similar to other protect the coral reef at Tortugas Bank. necessary to prevent or minimize the assessment rate actions issued in past The proposed rule was published on destruction of, loss of, or injury to a years. February 11, 1998 and the comment Sanctuary resources, any and all List of Subjects in 7 CFR Part 928 period ended on March 13, 1998. activities are subject to immediate DATES: The effective date of this rule is temporary regulation, including Marketing agreements, Papayas, 12:01 a.m. on August 19, 1998. prohibition, for up to 120 days. Reporting and recordkeeping ADDRESSES Emergency regulations cannot take requirements. : Requests for copies of the management plan or the complete effect until approved by the Governor of For the reasons set forth in the regulations for the Sanctuary should be the State of Florida. In accordance with preamble, 7 CFR part 928 is amended as sent to Billy Causey, Superintendent, 15 CFR 922.165, and the Co-Trustees follows: Florida Keys National Marine Agreement for Cooperative Management PART 928ÐPAPAYAS GROWN IN Sanctuary, Post Office Box 500368, between NOAA and the State of Florida, HAWAII Marathon, Florida, 33050. in October 1997, NOAA consulted with FOR FURTHER INFORMATION CONTACT: and received approval by the Governor 1. The authority citation for 7 CFR Billy Causey at (305) 743±2437. of the State of Florida to issue a part 928 continues to read as follows: SUPPLEMENTARY INFORMATION: temporary rule prohibiting the Authority: 7 U.S.C. 601±674. anchoring by vessels 50 meters or I. Background 2. Section 928.226 is revised to read greater in length on Tortugas Bank west as follows: The Sanctuary was designated by an of the Tortugas National Park within the act of Congress entitled the Florida Keys Sanctuary. The temporary rule (62 FR § 928.226 Assessment rate. National Marine Sanctuary and 54381; October 20, 1997), took effect at On and after July 1, 1998, an Protection Act (FKNMSPA, Pub. L. 101± 12:01 a.m. October 17, 1997 and assessment rate of $0.0063 per pound is 605) which was signed into law on remained in effect until February 12, established for papayas grown in November 16, 1990. The FKNMSPA 1998. Proposed regulations were printed Hawaii. directed the Secretary of Commerce to in the Federal Register on February 11, Dated: August 11, 1998. develop a comprehensive management 1998 (63 FR 6883) and the review period for the proposed regulations Eric M. Forman, plan and regulations for the Sanctuary pursuant to sections 303 and 304 of the ended on March 13, 1998. No written Acting Deputy Administrator, Fruit and Vegetable Programs. National Marine Sanctuaries Act comments were received on the (NMSA) (also known as Title III of the proposed regulations. The Florida Keys [FR Doc. 98±22024 Filed 8±14±98; 8:45 am] Marine Protection, Research and National Marine Sanctuary Advisory BILLING CODE 3410±02±P Sanctuaries Act of 1972), as amended, Council reviewed the proposed rule at 16 U.S.C. 1431 et seq. The NMSA its meeting on December 9, 1997. The authorizes the development of Council recommended approval of the DEPARTMENT OF COMMERCE management plans and regulations for regulation. The Governor and Cabinet of National Oceanic and Atmospheric national marine sanctuaries to protect the State of Florida reviewed the rule Administration their conservation, recreational, and approved it without objection on ecological, historical, research, February 10, 1998. 15 CFR Part 922 educational, or aesthetic qualities. II. Summary of the Regulatory The authority of the Secretary to Amendment [Docket No. 971014245±8190±03] designate national marine sanctuaries RIN 0648±AK45 and implement designated sanctuaries The rule reinstates and makes is delegated to the Under Secretary of permanent the temporary prohibition on National Marine Sanctuary Program Commerce for Ocean and Atmosphere anchoring by vessels 50 meters or Regulations; Florida Keys National by the Department of Commerce, greater in registered length on the Marine Sanctuary Regulations; Organization Order 10±15, § 3.01(x) Tortugas Bank west of the Dry Tortugas Anchoring on Tortugas Bank (Jan. 26, 1996). The authority to National Park within the Sanctuary. AGENCY: Sanctuaries and Reserves administer the other provisions of the Current 15 CFR 922.163(a)(5)(ii) of the Division (SRD), Office of Ocean and NMSA is delegated to the Assistant final Sanctuary regulations prohibits Coastal Resource Management (OCRM), Administrator for Ocean Services and vessels from anchoring in the Sanctuary National Ocean Service (NOS), National Coastal Zone Management of NOAA by on living coral other than hardbottom in Oceanic and Atmospheric NOAA Circular 83±38, Directive 05±50 water depths less than 40 feet when Administration (NOAA), Department of (September 21, 1983, as amended). The visibility is such that the seabed can be Commerce (DOC). final Sanctuary regulations seen. However, that regulation does not implementing the designation were protect the coral located in the area ACTION: Final rule; environmental published in the Federal Register on covered by this rule because the water assessment. June 12, 1997, (62 FR 32154) and were there is deeper than 40 feet. Federal Register / Vol. 63, No. 158 / Monday, August 17, 1998 / Rules and Regulations 43871 Anchoring of vessels 50 meters or The recommended alternative from a recreational diver charter captain greater in registered length on Tortugas anchoring location in the vicinity of the documenting anchoring damage caused Bank has been documented as having area closed to anchoring by vessels 50 by a large, foreign-flagged vessel caused significant injury to living coral meters or greater in registered length is: anchored within state waters on the reef resources. Vessels of such size have An area approximately 2 nautical Tortugas Bank, within the Sanctuary. anchor gear (ground tackle) of massive miles west of the living coral reefs that Shortly, thereafter, Sanctuary weight and size with heavy chains form the Tortugas Bank, where biologists visited the reported anchoring hundreds of feet in length weighing as anchoring damage to the corals is site to conduct a biological assessment much as 8 to 10 tons. Proper anchoring occurring. The bottom type in this area of the injury to the living coral reef. requires that a length of chain five to is sand/mud or sand/shell. This area is When they arrived on Tortugas Bank, seven times the depth of the water be indicated on NOAA Nautical Chart there were four foreign ships ranging lowered, this act of prudent seamanship Numbers 11434 and 11420. Mariners from over 400 to 800 feet in length allows for safe anchoring under any sea should note the existence of a anchored on the 60′ deep coral reef conditions. In most circumstances, submerged shipwreck located at 24°38′ bank. Although staff was unable to much of this chain will drop to and N 83°08.00′ W. This shipwreck is a locate the original site which was remain on the bottom. The weight of the landing ship transport which was lost in reported in the video, they were able to chain holds the vessel in place. In this 1948. assess and photo-document the reef area, the heavy chain crushes the coral III. Miscellaneous Rulemaking damage caused by the four vessels. Staff noted significant damage to and sponges. In addition, as the tide Requirements changes or the wind shifts, vessels often corals, sponges, and other delicate coral change position and drag their anchor National Environmental Policy Act reef organisms. Wide swaths of barren chain over the seabed, further damaging NOAA has prepared an seabed and overturned coral heads were the reef. environmental assessment (EA), evidence of the ongoing disruption to For example, a 180 foot Coast Guard pursuant to the National Environmental the coral reef community caused by the Cutter uses a 2000 pound anchor and Policy Act of 1969, 42 U.S.C 4321 et ships' anchors and anchor chains. chain sized appropriately to deploy it; seq., for the Florida Keys National The rule reinstates and makes whereas a Coast Guard 110 foot Patrol Marine Sanctuary on this rule. The text permanent the temporary prohibition on Boat uses an 80 pound anchor and of the EA follows. anchoring by vessels 50 meters or rather than chain, nylon line is used as greater in registered length in an area ground tackle (anchor gear). Environmental Assessment approximately 39.53 square nautical Coast Guard patrol boats regularly in A.