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Department of Commerce National Oceanic and Atmospheric Administration Friday, October 6, 2006 Part VI Department of Commerce National Oceanic and Atmospheric Administration 15 CFR Part 922 Gulf of the Farallones National Marine Sanctuary Regulations; Proposed Rule VerDate Aug<31>2005 15:05 Oct 05, 2006 Jkt 211001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\06OCP4.SGM 06OCP4 cprice-sewell on PROD1PC66 with PROPOSALS4 59338 Federal Register / Vol. 71, No. 194 / Friday, October 6, 2006 / Proposed Rules DEPARTMENT OF COMMERCE the proposed regulations would revise some proposed new regulations. The the prohibition against dredging or proposed new regulations include National Oceanic and Atmospheric otherwise altering the submerged lands prohibitions on: Administration by removing the exceptions for • Discharging or depositing from ecological maintenance and within or into the Sanctuary any 15 CFR Part 922 construction of outfalls; prohibit material or matter from a cruise ship, discharging or depositing into the except vessel engine cooling water; [Docket No. 0648–AT14: 060809214–6214– • 01] Sanctuary food waste resulting from Discharging or depositing, from meals onboard vessels; and remove the beyond the boundary of the Sanctuary, RIN 0648–AT14 exception for discharge of dredge any material or other matter that materials disposed of at the interim subsequently enters the Sanctuary and Gulf of the Farallones National Marine dumpsite. injures a Sanctuary resource or quality; Sanctuary Regulations No changes are proposed to be made • Taking and possessing marine AGENCY: National Marine Sanctuary to the ‘‘Defense Activities’’ section of mammals, birds and sea turtles, except Program (NMSP), National Ocean the Designation Document. as authorized by the Marine Mammal Service (NOS), National Oceanic and DATES: Public hearings will be held as Protection Act, as amended (16 U.S.C. Atmospheric Administration (NOAA), detailed in the SUPPLEMENTARY 1361 et seq.), the Endangered Species Department of Commerce (DOC). INFORMATION section. Act, as amended (16 U.S.C. 1531 et Comments will be considered if ACTION: seq.), the Migratory Bird Treaty Act, as Proposed rule; notice of public received by January 5, 2007. availability of draft management plan/ amended (16 U.S.C. 703 et seq.), and ADDRESSES: draft environmental impact statement. Written comments should any regulations, as amended, be sent by mail to: Brady Phillips, JMPR promulgated under these acts; SUMMARY: The National Oceanic and Management Plan Coordinator, NOAA • Introducing or otherwise releasing Atmospheric Administration (NOAA) is National Marine Sanctuary Program, from within or into the Sanctuary an proposing a draft revised management 1305 East-West Highway, N/ORM–6, introduced species, except striped bass plan and revised regulations for the Gulf Silver Spring, MD 20910, by e-mail to (Morone saxatilis) released during of the Farallones National Marine [email protected], or by fax catch-and-release fishing activity, and Sanctuary (GFNMS or Sanctuary). The to (301) 713–0404. Copies of the DMP/ except species cultivated by mariculture proposed set of regulations includes DEIS are available from the same activities in Tomales Bay pursuant to a new regulations, modifications, as well address and on the Web at http:// valid lease, permit, license or other as clarifications to existing regulations. www.sanctuaries.nos.noaa.gov/ authorization issued by the State of Proposed new regulations include jointplan. Comments can also be California and in effect on the effective changes to the permit issuance criteria submitted to the Federal e-Rulemaking date of this regulation; and procedures, and new or revised Portal: http://www.regulations.gov. • Attracting a white shark in the prohibitions on: Discharging or Follow the instructions for submitting Sanctuary, and approaching within 50 depositing from within or into the comments. meters of any white shark within the Sanctuary any material or matter from a Written comments regarding the line approximating 2 nmi around the cruise ship; discharging or depositing burden-hour estimates or other aspects Farallon Islands; from beyond the boundary of the of the collection-of-information • Deserting a vessel within the sanctuary any material or other matter requirements contained in this proposed Sanctuary adrift, at anchor or aground; that subsequently enters the Sanctuary rule may be submitted to David Bizot, • Leaving harmful matter aboard a and injures a Sanctuary resource or National Permit Coordinator, National grounded or deserted vessel in the quality; taking or possessing marine Marine Sanctuary Program, 1305 East- Sanctuary; and mammals, birds and sea turtles within West Highway, N/ORM–6, Silver • Anchoring a vessel in designated the Sanctuary; releasing introduced Spring, Maryland 20910, by e-mail to no-anchoring seagrass protection zones species into the Sanctuary; attracting or [email protected], or by fax to 301– in Tomales Bay, except as necessary for approaching a white shark; deserting a 713–0404; and by e-mail to mariculture operations conducted _ vessel or leaving harmful matter aboard David [email protected], or fax to pursuant to a valid lease, permit or a grounded or deserted vessel; (202) 395–7285. license. possessing, moving, removing, or FOR FURTHER INFORMATION CONTACT: These measures would afford better injuring, or attempting to possess, move, Maria Brown, Sanctuary Superintendent protection to the nationally significant remove, or injure, a Sanctuary historical at (415) 561–6622, Extension 301 or natural and cultural resources of resource; and anchoring a vessel in a [email protected]. GFNMS. designated no-anchoring seagrass SUPPLEMENTARY INFORMATION: Existing regulations would also be protection zone in Tomales Bay. The revised to: proposed actions would also Introduction • Clarify that the Sanctuary includes permanently fix the shoreward Pursuant to section 304(e) of the the submerged lands within the boundary adjacent to Point Reyes National Marine Sanctuaries Act (16 Sanctuary boundary; National Seashore and add a manager’s U.S.C. 1434 (e)) the National Marine • Permanently fix the shoreward permit. The revised regulations would Sanctuary Program (NMSP) has boundary adjacent to Point Reyes clarify: The description of the completed its review of the management National Seashore; Sanctuary’s boundaries; that the plan for Gulf of the Farallones National • Clarify that discharges allowed from Sanctuary includes the submerged lands Marine Sanctuary (GFNMS or marine sanitation devices apply only to within its boundary; the exceptions for Sanctuary), located off the coast of Type I and Type II marine sanitation the prohibition on discharging or northern California. The review has devices, and that the vessel operators depositing materials and matter into the resulted in a proposed new management are required to lock all marine Sanctuary; and the exceptions for plan for the Sanctuary, some proposed sanitation devices in a manner that disturbing the submerged lands. Finally, changes to existing regulations, and prevents discharge of untreated sewage; VerDate Aug<31>2005 15:05 Oct 05, 2006 Jkt 211001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\06OCP4.SGM 06OCP4 cprice-sewell on PROD1PC66 with PROPOSALS4 Federal Register / Vol. 71, No. 194 / Friday, October 6, 2006 / Proposed Rules 59339 • Specify that the existing exception This document publishes the coast of the contiguous United States. In for discharging or depositing fish, fish proposed new regulations and the the Gulf of the Farallones, the shelf parts, or chumming materials (bait) proposed changes to existing reaches a width of 32 nautical miles (59 applies only to lawful fishing activities regulations, publishes the text of the km). Shoreward of the Farallon Islands, within the Sanctuary; proposed Revised Designation the continental shelf is a relatively flat • Remove an exception for Document for the Sanctuary, and sandy/muddy plain, which slopes discharging or depositing food waste announces the availability of the draft gently to the west and north from the resulting from meals on board vessels; management plan and the draft mainland shoreline. It provides an • Remove an exception for environmental impact statement (DMP/ especially large and relatively shallow discharging dredge material disposed of DEIS). The existing GFNMS Designation (120 meters) habitat for coastal and at the interim dumpsite; Document was published at the time of oceanic seabirds, marine mammals, and • Specify that attempting to move, Sanctuary designation in 1981 and, per fish. remove or injure a sanctuary historical the NMSA (at 16 U.S.C. 1434(a)(4)), The Farallon Islands lie along the resource is prohibited; describes the geographic area included outer edge of the continental shelf, • Remove the exceptions to the within the Sanctuary, the characteristics between 13 and 19 nautical miles (24 discharging or depositing prohibition of the area that give it conservation, and 35 km) southwest of Point Reyes that pertain to discharge of municipal recreational, ecological, historical, and approximately 26 nautical miles (48 sewage; research, educational, or esthetic value, km) due west of San Francisco. The • Clarify that the exception for laying and the types of activities that are islands are located on part of a larger of pipelines is specific to pipelines subject to regulation by the Secretary to submarine ridge that extends related to hydrocarbon operations in protect those characteristics. The NMSP approximately 10 nautical miles along
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