13078 Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Rules and Regulations

DEPARTMENT OF COMMERCE I. Background opportunity to review any proposed rule and related environmental analyses. National Oceanic and Atmospheric A. Effective Date B. GFNMS Background Administration This rule postpones for 6 months the effective date for the discharge NOAA designated GFNMS in 1981 to 15 CFR Part 922 requirements in both expansion areas protect and preserve a unique and with regard to U.S. Coast Guard fragile ecological community, including [Docket No. 130405335–4999–02] activities. In the course of this rule the largest seabird colony in the contiguous United States and diverse making NOAA learned from Coast and abundant marine mammals. Guard that the discharge regulations had RIN 0648–BD18 GFNMS is located along and offshore the potential to impair the operations of ’s north-central coast, west of Expansion of Gulf of the Farallones Coast Guard vessels and air craft northern San Mateo, , and Cordell Bank National Marine conducting law enforcement, search and Marin and southern Sonoma Counties. Sanctuaries, and Regulatory Changes rescue training and other statutorily GFNMS was previously composed of mandated activities in Gulf of the approximately 1,282 square miles (968 AGENCY: Office of National Marine Farallones and Cordell Bank national square nautical miles (sq. nmi)) of Sanctuaries (ONMS), National Ocean marine sanctuaries. The USCG supports Service (NOS), National Oceanic and offshore waters extending out to and national marine sanctuary management around the , nearshore Atmospheric Administration (NOAA), by providing routine surveillance and Department of Commerce (DOC). waters (up to the mean high water line dedicated law enforcement of the unless otherwise specified) from Bodega ACTION: Final rule. national marine sanctuaries. It does so Head to Rocky Point in Marin, and the concurrently with other Coast Guard SUMMARY: The National Oceanic and submerged lands beneath these waters. operations, which include those relating The Farallon Islands lie along the outer Atmospheric Administration (NOAA) is to homeland security, search and expanding the boundaries of Gulf of the edge of the continental shelf, between rescue, regulatory program enforcement 15 and 22 miles (13 and 19 nmi) Farallones National Marine Sanctuary (such as vessel air pollution low sulfur (GFNMS) and Cordell Bank National southwest of and fuel program requirements, fisheries approximately 30 miles (26 nmi) due Marine Sanctuary (CBNMS) to an area management, oil spill response, marine north and west of their current west of San Francisco. In addition to living resource protection), vessel traffic sandy beaches, small coves, and boundaries. As part of this action, management, and drug interdiction. NOAA is revising the terms of offshore stacks, GFNMS includes open Coast Guard training involving use of bays (, ) and designation, management plans, and force and search and rescue drills regulations for these two sanctuaries. enclosed bays or estuaries (Bolinas require expenditure of ammunition or Lagoon, , Estero DATES: Effective Date: Pursuant to pyrotechnics (‘‘live fire training’’). Americano, and Estero de San Antonio). section 304(b) of the National Marine Additionally, some vessels used by the GFNMS is located within the California Sanctuaries Act (NMSA) (16 U.S.C. Coast Guard in both sanctuaries have current, and its waters are characterized 1434(b)), the revised designations and limited capacity to store sewage, and by wind-driven upwelling, localized regulations shall take effect and become that may impact Coast Guard’s eddies, counter-current gyres, high final after the close of a review period capability to conduct extended, nutrient supply, and high levels of of forty-five days of continuous session necessary operations in the expansion phytoplankton. As a result of this of Congress beginning on March 12, areas. Accordingly, to ensure that this action, GFNMS is being expanded to a 2015. Additional information regarding rule does not undermine Coast Guard’s total of 3,295 square miles (2,488 sq. the effective date for this final rule is ability to perform its duties, NOAA is nmi). contained in the ‘‘Background’’ section, postponing for 6 months the date when below. NOAA will publish an the discharge requirements will become B. CBNMS Background announcement of the effective date of effective with regard to Coast Guard NOAA designated CBNMS in 1989 to the final regulations in the Federal operations. During this time, NOAA will protect and preserve the extraordinary Register. consider how to address Coast Guard’s ecosystem, including invertebrates, ADDRESSES: Copies of the final concerns and will consider, among marine birds, mammals, and other environmental impact statement (FEIS) other things, whether to exempt certain natural resources, of Cordell Bank and described in this rule and the record of Coast Guard activities in both its surrounding waters. CBNMS is decision (ROD) are available upon sanctuaries similar to existing located offshore of California’s north- request to Maria Brown, exemptions provided for Department of central coast, west of Marin County. Superintendent, Gulf of the Farallones Defense activities (15 CFR 922.82(b) and CBNMS previously protected an area of National Marine Sanctuary, 991 Marine 922.112(c)). The 6-month postponement approximately 529 square miles (399 sq. Drive, The Presidio, San Francisco, CA will begin at the time the regulations for nmi). The main feature of the sanctuary 94129. Copies of the FEIS, final the expansion areas become effective. is Cordell Bank (Bank), an offshore management plans, and the final rule As noted above, NOAA will publish a granite bank located on the edge of the can also be viewed or downloaded at notice when the regulations continental shelf, about 49 miles (43 http://farallones.noaa.gov/manage/ promulgated by this rule become nmi) northwest of the expansion_cbgf.html. effective and will include in that notice Bridge and 23 miles (20 nmi) west of the the date when the postponement of the Point Reyes lighthouse. CBNMS is FOR FURTHER INFORMATION CONTACT: effective date for Coast Guard activities entirely offshore and shares its southern Maria Brown at [email protected] ends. The public, other federal agencies, and eastern boundary with GFNMS. or 415–561–6622; or Dan Howard at and interested stakeholders will be Similar to GFNMS, CBNMS is located in [email protected] or 415–663– given an opportunity to comment on a major coastal upwelling system. The 0314. various alternatives that are being combination of oceanic conditions and SUPPLEMENTARY INFORMATION: considered. This will include the undersea topography provides for a

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highly productive environment in a In addition to expanding the provide comprehensive protection of discrete offshore area. Prevailing boundaries of GFNMS and CBNMS, these resources. Records document over currents push nutrients from upwelling NOAA’s action revises the sanctuaries’ 200 vessel and aircraft losses between southward along the coast, moving management plans and modifies the 1820 and 1961 along California’s north- nutrients and other prey over the upper sanctuaries’ regulations. Together these central coast from north to levels of the Bank. The vertical relief changes provide comprehensive Point Arena. Submerged archaeological and hard substrate of the Bank provide management and protection of the remnants related to a number of former benthic habitat with near-shore nationally significant resources of the doghole ports are likely to exist in the characteristics in an open ocean area, while facilitating uses compatible area. Doghole ports were small ports on environment. The combination of algae with resource protection. The regulatory the Pacific Coast between Central and sedentary animals typical of changes are described in detail below in California and Southern Oregon that nearshore waters in close proximity to the ‘‘Summary of the Regulatory operated from the mid-1800s until 1939. open ocean species like blue whales and Amendments.’’ Such archaeological remnants could albatross creates a rare mix of species The expansion area, from the include landings, wire, trapeze loading and a unique biological community at upwelling off the Point Arena coast and chutes and offshore moorings. CBNMS. As a result of this action, the waters south to GFNMS and While there is no documentation of CBNMS is being expanded to a total of CBNMS, is ecologically connected to the submerged Native American human 1,286 square miles (971 sq. nmi). current sanctuaries. The upwelled settlements in the boundary expansion water, rich with nutrients, largely area, some may exist there, since Coast C. Purpose and Need for Action originates offshore of Point Arena and Miwok and peoples have lived The purpose of NOAA’s action is to flows south. It is the regional ecosystem and harvested the resources of this add national marine sanctuary driver for productivity in coastal waters abundant marine landscape for protections to the globally significant of north-central California. The area thousands of years. Sea level rise at the coastal upwelling center originating off supports a rich marine food web made end of the last great Ice Age inundated of Point Arena, which is the source of up of many species of algae, a large area that was likely used by these nutrient-rich upwelled waters that flow invertebrates, fish, birds, and marine peoples when it was dry land. mammals. Some species are transitory, into GFNMS and CBNMS via wind- D. History of the Boundary Expansion driven currents. NOAA’s action expands travelling hundreds, thousands or tens In 2001, NOAA received public the boundaries of GFNMS and CBNMS of thousands of miles to the region, such comment during a review of the GFNMS north and west of the sanctuaries’ as endangered blue whales, albatross, and CBNMS management plans original boundaries to extend regulatory shearwaters, white and salmon sharks, requesting that both sanctuaries be protections and management programs while others live year round in the expanded north and west. Since 2003, to the nationally significant marine sanctuaries, such as Dungeness crab, sanctuary advisory councils for both resources and habitats of the waters and sponges, other benthic invertebrates, national marine sanctuaries have submerged lands offshore of San Mateo, salmon, many species of rockfish and flatfish, and harbor seals and harbor regularly discussed and supported San Francisco, Marin, Sonoma and boundary expansion northward and Mendocino Counties. porpoises. Of note, the largest assemblage of breeding seabirds in the westward at advisory council meetings, The National Marine Sanctuaries Act contiguous United States is at the which are open to the public. In (NMSA) (16 U.S.C. 1431 et seq.) gives Farallon Islands, and each year their addition to the public and advisory NOAA the authority to expand national breeding success depends on a healthy council input, legislation was proposed marine sanctuaries to meet the purposes and productive marine ecosystem to several times between 2004 and 2011 by and policies of the NMSA, including: then-Representative Lynn Woolsey, • allow breeding adults and fledgling ‘‘. . . to provide authority for young to feed and flourish. Given that Senator Barbara Boxer, and cosponsors, comprehensive and coordinated these sensitive resources are particularly to expand and protect GFNMS and conservation and management of these susceptible to damage from human CBNMS, but was never passed by marine areas [national marine activities, expanding CBNMS and Congress. In general, interest in sanctuaries], and activities affecting GFNMS conserves and protects critical expanding CBNMS and GFNMS has them, in a manner which complements resources by preventing or reducing stemmed principally from a desire to existing regulatory authorities (16 U.S.C. human-caused impacts such as marine protect the biologically rich underwater 1431(b)(2)); [and] pollution, and wildlife and seabed habitat of the expansion area and the • to maintain the natural biological disturbance. important upwelling current originating communities in the national marine In addition, this action protects off Point Arena. sanctuaries, and to protect, and, where significant submerged cultural resources The sanctuary advisory councils appropriate, restore and enhance natural and historical properties, as defined by formally expressed support for the habitats, populations and ecological the National Historic Preservation Act, proposed boundary expansion in four processes . . .’’ (16 U.S.C. 1431(b)(3)). 16 U.S.C. 470, et seq., and its resolutions prior to NOAA issuing the The NMSA also requires NOAA to regulations (historical properties proposed rule in April 2014. The periodically review and evaluate include among other things: Artifacts, GFNMS advisory council passed three progress in implementing the records, remains related to or located in separate resolutions on April 19 and management plan and goals for each the properties of traditional religious December 13, 2007, and November 11, national marine sanctuary. The and cultural importance to an Indian 2011, supporting sanctuary boundary management plans and regulations must tribe and that meet the National Register expansion. On September 19, 2007, the be revised as necessary to fulfill the criteria). Several state and federal laws CBNMS advisory council passed a purposes and policies of the NMSA (16 exist that provide some degree of resolution supporting protection for U.S.C. 1434(e)) to ensure that each protection of historical resources, but Bodega Canyon via proposed legislation. sanctuary continues to best conserve, the State of California regulations only As a result of the public interest in protect, and enhance their nationally extend 3 nautical miles offshore, and boundary expansion, in 2008 NOAA significant living and cultural resources. existing federal regulations do not included actions to consider a future

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boundary expansion in the revised CBNMS regulations to the respective 2. Modify the geographical management plans for CBNMS and expansion areas would not meet description of the sanctuary in the GFNMS. The management plans NOAA’s goals of providing resource preamble. indicate NOAA would develop a protection and facilitating compatible 3. Modify Article I ‘‘Effect of framework to evaluate boundary uses. Therefore, NOAA proposed to Designation’’ by referring to Gulf of the alternatives, with public input. Some of extend some of the existing GFNMS and Farallones National Marine Sanctuary. the recommended criteria included CBNMS regulations to the proposed 4. Modify Article II ‘‘Description of consideration of boundary changes that expansion area without any changes, the Area’’ by updating the description of would: Be inclusive of and ensure the amend some of the existing regulations the size of the sanctuary and describing maintenance of the area’s natural that would apply to both the existing the proposed new boundary for the ecosystem, including its contribution to sanctuaries and the proposed expansion sanctuary. biological productivity; be area, and add some new regulations. 5. Modify Article III ‘‘Characteristics biogeographically representative; The DEIS was made available for of the Area That Give It Particular facilitate, to the extent compatible with public comment on April 4, 2014, and Value’’ by updating the description of the primary objective of resource the proposed rule was published in the the nationally significant characteristics protection, public and private uses of Federal Register (79 FR 20982) on April of the area to include the globally the marine resources; and provide 14, 2014. NOAA solicited public significant coastal upwelling area. 6. Modify Article IV ‘‘Scope of additional comprehensive and comments until June 30, 2014, and held Regulation’’ by updating section 1, coordinated management of the area. four public hearings in Sausalito (May subsection a, by replacing ‘‘hydrocarbon NOAA, in compliance with Section 22), Point Arena (June 16), Gualala (June operations’’ with a more complete 304(e) of the NMSA, conducted public 17) and Bodega Bay, CA (June 18). description of oil and gas activities; scoping from December 21, 2012, to NOAA received about 1,000 individual adding ‘‘minerals’’ to what had been March 1, 2013 (77 FR 75601), to identify comments, including letters, online ‘‘hydrocarbon operations’’; by clarifying issues associated with a proposed submissions on www.regulations.gov, the actual activities related to cultural expansion. In January and February and oral testimonies at public hearings. and historical resources that are 2013 NOAA held three public scoping In addition, both CBNMS and GFNMS prohibited; and adding a new meetings in Bodega Bay, Point Arena sanctuary advisory councils provided subsection i, ‘‘Interfering with an and Gualala. These public meetings comments to NOAA on the proposed investigation, search, seizure, or were attended by several hundred action (see http://farallones.noaa.gov/ disposition of seized property in people. NOAA received more than 300 manage/sac_actions.html). All public connection with enforcement of the Act written submissions, along with the oral comments are available for public comments received during the three or Sanctuary regulations.’’ viewing at www.regulations.gov (search public scoping meetings, which are 7. Modify Article V ‘‘Relation to Other for docket number NOAA–NOS–2012– posted under docket number NOAA– Regulatory Programs’’ by updating 0228). The comments and NOAA’s NOS–2012–0228 on section 1 to replace the term responses are summarized below. www.regulations.gov. ‘‘mariculture’’ with the term NOAA analyzed comments received II. Revisions to the Sanctuary Terms of ‘‘aquaculture’’ and replacing ‘‘seabed’’ during this process and considered Designation with the term ‘‘submerged lands’’ used them in the draft environmental impact throughout the terms of designation and Section 304(a)(4) of the NMSA statement accompanying the proposed regulations; by updating section 3 to requires that the terms of designation for rule (79 FR 20982), with analysis of the include the dates of designation and national marine sanctuaries include: (1) proposed action and four alternatives. expansion used for certification; and The geographic area included within the Scoping revealed wide support for the adding ‘‘In addition, a permit or Sanctuary; (2) the characteristics of the protection of areas offshore Sonoma and authorization may not be issued under area that give it conservation, southern Mendocino Counties. Some any circumstances for exploring for, recreational, ecological, historical, commenters also suggested the developing or producing oil, gas, or research, educational, or esthetic value; protection of areas further north and minerals within the Sanctuary.’’ south of the proposed expansion or and (3) the types of activities subject to The revised terms of designation read other alternate boundary configurations regulation by NOAA to protect those as follows: for GFNMS and CBNMS. Whereas some characteristics. This section also REVISED TERMS OF DESIGNATION FOR commenters were opposed to expanding specifies that the terms of the designation may be modified only by GULF OF THE FARALLONES NATIONAL the sanctuaries or specific sanctuary MARINE SANCTUARY regulations, there was generally strong the same procedures by which the support for extending existing sanctuary original designation is made. Preamble regulations to the proposed expanded To implement this action, NOAA is Under the authority of Title III of the area, including prohibitions on oil and changing the GFNMS and CBNMS terms Marine Protection, Research and Sanctuaries gas development. Many commenters of designation, which were last Act of 1972, Public Law 92–532 (the Act), the also indicated opposition to any published in the Federal Register on waters and submerged lands along the Coast February 19, 2015 (80 FR 8778) for of California to the 39th parallel, between regulations of fishing under the NMSA. Manchester Beach in Mendocino County and Other comments focused on: Operation GFNMS and on November 20, 2008 (73 Rocky Point in Marin County and of motorized personal watercraft FR 70488) for CBNMS. surrounding the Farallon Islands and (MPWC) in the expanded portions of A. Revisions to the GFNMS Terms of Noonday Rock along the northern coast of California, are hereby designated a National GFNMS; protection of wildlife from Designation human disturbance; and future Marine Sanctuary for the purposes of development of alternative energy and NOAA is revising the GFNMS terms preserving and protecting this unique and fragile ecological community. aquaculture. of designation to: During the development of the 1. Update the title by adding ‘‘Terms Article I. Effect of Designation proposed action, it became clear that an of,’’ removing ‘‘Document’’ and making Within the area described in Article II, the extension of all existing GFNMS and minor technical changes. Act authorizes the promulgation of such

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regulations as are reasonable and necessary thousands of miles away to feed in these However, fishing vessels may be regulated to protect the values of Gulf of the Farallones productive waters. Rocky shores along the with respect to vessel operations in National Marine Sanctuary (the Sanctuary). Marin, Sonoma and Mendocino County accordance with Article IV, section 1, Section 1 of Article IV of these Terms of coastlines are largely undisturbed, and teem paragraphs (b) and (h), and aquaculture Designation lists activities of the types that with crustaceans, algae, fish and birds. activities involving alterations of or are either to be regulated on the effective date Article IV. Scope of Regulation construction on the submerged lands, or of final rulemaking or may have to be introduction or release of introduced species regulated at some later date in order to Section 1. Activities Subject to Regulation by aquaculture activities, can be regulated in protect Sanctuary resources and qualities. The following activities are subject to accordance with Article IV, section 1, Listing does not necessarily mean that a type regulation, including prohibition, as may be paragraph (c) and (e). All regulatory programs of activity will be regulated; however, if a necessary to ensure the management, pertaining to fishing, and to waterfowl type of activity is not listed it may not be protection, and preservation of the hunting, including regulations promulgated regulated, except on an emergency basis, conservation, recreational, ecological, under the California Fish and Game Code unless section 1 of Article IV is amended to historical, cultural, archeological, scientific, and Fishery Management Plans promulgated include the type of activity by the same educational, and aesthetic resources and under the Magnuson-Stevens Fishery procedures by which the original designation qualities of this area: Conservation and Management Act, 16 U.S.C. was made. a. Exploring for, developing or producing 1801 et seq., will remain in effect, and all Article II. Description of the Area oil, gas, or minerals within the Sanctuary; permits, licenses, and other authorizations b. Discharging or depositing any substance issued pursuant thereto will be valid within The Sanctuary consists of an area of the within or from beyond the boundary of the the Sanctuary unless authorizing any activity waters and the submerged lands thereunder Sanctuary; prohibited by any regulation implementing adjacent to the coast of California of c. Drilling into, dredging, or otherwise approximately 2,488 square nautical miles altering the submerged lands of the Article IV. (sq. nmi). The boundary extends seaward to Sanctuary; or constructing, placing, or The term ‘‘fishing’’ as used in this Article a distance of 30 nmi west from the mainland abandoning any structure, material, or other includes aquaculture. at Manchester Beach and extends south matter on or in the submerged lands of the Section 2. Defense Activities approximately 45 nmi to the northwestern Sanctuary; corner of Cordell Bank National Marine d. Taking, removing, moving, collecting, The regulation of activities listed in Article Sanctuary (CBNMS), and extends possessing, injuring, destroying or causing IV shall not prohibit any Department of approximately 38 nmi east along the northern the loss of, or attempting to take, remove, Defense activity that is essential for national boundary of CBNMS, approximately 6 nmi move, injure, destroy or cause the loss of a defense or because of emergency. Such west of Bodega Head. The boundary extends cultural or historical resources; activities shall be consistent with the from Bodega Bay to Point Reyes and 12 nmi e. Introducing or otherwise releasing from regulations to the maximum extent west from the Farallon Islands and Noonday within or into the Sanctuary an introduced practicable. Rock, and includes the intervening waters species; Section 3. Other Programs and submerged lands. The Sanctuary f. Taking or possessing any marine includes , Tomales Bay, mammal, marine reptile, or bird within or All applicable regulatory programs will Estero de San Antonio (to the tide gate at above the Sanctuary except as permitted by remain in effect, and all permits, licenses, Valley Ford-Franklin School Road) and the Marine Mammal Protection Act, approvals, and other authorizations issued Estero Americano (to the bridge at Valley Endangered Species Act, and Migratory Bird after January 16, 1981, with respect to Ford-Estero Road), as well as Bodega Bay, but Treaty Act; activities conducted within the original does not include , the Salmon g. Attracting or approaching any animal; Sanctuary boundary and after the effective Creek Estuary, the Russian River Estuary, the h. Operating a vessel (i.e., watercraft of any date of the expansion of the Sanctuary with Gualala River Estuary, Arena Cove or the description) within the Sanctuary; and respect to activities conducted within the Garcia River Estuary. The precise boundaries i. Interfering with an investigation, search, expansion area will be valid within the are defined by regulation. seizure, or disposition of seized property in Sanctuary unless authorizing any activity connection with enforcement of the Act or prohibited by any regulation implementing Article III. Characteristics of the Area That Sanctuary regulations. Give It Particular Value Article IV. No valid lease, permit, license, approval or other authorization for activities The Sanctuary encompasses a globally Section 2. Consistency With International Law in the expansion area of the Sanctuary issued significant coastal upwelling center that by any federal, State, or local authority of The regulations governing the activities includes a rich and diverse marine ecosystem competent jurisdiction and in effect on the listed in section 1 of this Article will apply and a wide variety of marine habitats, effective date of the expansion may be to foreign flag vessels and persons not including habitat for over 36 species of terminated by the Secretary of Commerce or marine mammals. Rookeries for over half of citizens of the United States only to the by his or her designee, provided the holder California’s nesting marine bird populations extent consistent with recognized principles of such authorization complies with the and nesting areas for at least 12 of 16 known of international law, including treaties and certification procedures established by U.S. nesting marine bird species are found international agreements to which the United Sanctuary regulations. In addition, the within the boundaries. Abundant States is signatory. Secretary may not under any circumstances populations of fish and shellfish are also Section 3. Emergency Regulations found within the Sanctuary. The Sanctuary issue a permit or authorization for exploring also has one of the largest seasonal Where necessary to prevent or minimize for, developing or producing oil, gas, or concentrations of adult white sharks the destruction of, loss of, or injury to a minerals within the Sanctuary. Sanctuary resource or quality, or minimize (Carcharodon carcharias) in the world. The Article VI. Alterations to This Designation area adjacent to and offshore of Point Arena, the imminent risk of such destruction, loss, The terms of designation, as defined under due to seasonal winds, currents and or injury, any and all activities, including oceanography, drives one of the most those not listed in section 1 of this Article, section 304(a) of the Act, may be modified prominent and persistent upwelling centers are subject to immediate temporary only by the same procedures by which the in the world, supporting the productivity of regulation, including prohibition. original designation is made, including public hearings, consultation with interested the sanctuary. The nutrient-rich water carried Article V. Relation to Other Regulatory Federal, State, and local agencies, review by down coast by currents promotes thriving Programs nearshore kelp forests, productive the appropriate Congressional committees commercial and recreational fisheries, and Section 1. Fishing and Waterfowl Hunting and Governor of the State of California, and diverse wildlife assemblages. Large The regulation of fishing, including fishing approval by the Secretary of Commerce or predators, such as white sharks, sea lions, for shellfish and invertebrates, and waterfowl designee. killer whales, and baleen whales, travel from hunting, is not authorized under Article IV. [END OF TERMS OF DESIGNATION]

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C. Revisions to the CBNMS Terms of Article 1. Effect of Designation Article IV. Scope of Regulation Designation The Sanctuary was designated on May 24, Section 1. Activities Subject to Regulation 1989 (54 FR 22417). Section 308 of the NOAA is revising the CBNMS terms The following activities are subject to National Marine Sanctuaries Act, 16 U.S.C. of designation to: regulation, including prohibition, as may be 1431 et seq. (NMSA), authorizes the issuance necessary to ensure the management, 1. Update the title by adding ‘‘Terms of such regulations as are necessary to protection, and preservation of the of’’ and removing ‘‘Document.’’ implement the designation, including conservation, recreational, ecological, 2. Modify the geographical managing, protecting and conserving the historical, cultural, archeological, scientific, description in the preamble by adding conservation, recreational, ecological, educational, and aesthetic resources and ‘‘Bodega Canyon’’ and ‘‘submerged historical, cultural, archeological, scientific, qualities of this area: educational, and aesthetic resources and lands’’ and making minor technical a. Depositing or discharging any material qualities of the Sanctuary. Section 1 of changes. or substance; Article IV of these Terms of Designation lists 3. Modify Article I ‘‘Effect of b. Removing, taking, or injuring or activities of the types that are either to be Designation’’ by making minor technical attempting to remove, take, or injure benthic regulated on the effective date of final changes. invertebrates or algae located on the Bank or rulemaking or may have to be regulated at 4. Modify Article II ‘‘Description of on or within the line representing the 50 some later date in order to protect Sanctuary fathom isobath surrounding the Bank; the Area’’ by updating the description of resources and qualities. Listing does not c. Exploring for, developing or producing the size of the sanctuary and describing necessarily mean that a type of activity will oil, gas or minerals within the Sanctuary; the proposed new boundary for the be regulated; however, if a type of activity is d. Anchoring on the Bank or on or within sanctuary. not listed it may not be regulated, except on the line representing the 50 fathom contour 5. Modify Article III ‘‘Characteristics an emergency basis, unless Section 1 of surrounding the Bank; Article IV is amended to include the type of of the Area That Give It Particular e. Taking, removing, moving, collecting, activity by the same procedures by which the Value’’ by updating the description of possessing, injuring or causing the loss of, or original designation was made. the nationally significant characteristics attempting to take, remove, move, collect, of the area to include Bodega Canyon Article II. Description of the Area injure or cause the loss of a cultural or and the additional area in the sanctuary. The Sanctuary consists of an historical resource; 6. Modify Article IV ‘‘Scope of approximately 971 square nautical mile (sq. f. Drilling into, dredging, or otherwise Regulation’’ by updating section 1, nmi) area of marine waters and the altering the submerged lands of the subsection c, by replacing ‘‘hydrocarbon submerged lands thereunder encompassed by Sanctuary; or constructing, placing, or operations’’ with a more complete a northern boundary that begins abandoning any structure, material, or other matter on or in the submerged lands of the description of oil and gas activities, and approximately 6 nmi west of Bodega Head in Sonoma County, California and extends west Sanctuary; adding ‘‘minerals’’; by clarifying the g. Taking or possessing any marine actual activities related to cultural and approximately 38 nmi, coterminous with the boundary of the Gulf of the Farallones mammal, marine reptile, or bird except as historical resources that are prohibited; National Marine Sanctuary (GFNMS). From permitted under the Marine Mammal and by adding a new subsection i that point, the western boundary of the Protection Act, Endangered Species Act or ‘‘Interfering with an investigation, Sanctuary extends south approximately 34 Migratory Bird Treaty Act; search, seizure, or disposition of seized nmi. From that point, the southern boundary h. Introducing or otherwise releasing from property in connection with of the Sanctuary continues east 15 nmi, within or into the Sanctuary an introduced enforcement of the Act or Sanctuary where it intersects the GFNMS boundary. species; and i. Interfering with an investigation, search, regulations.’’ The eastern boundary of the Sanctuary is coterminous with the GFNMS boundary, and seizure, or disposition of seized property in 7. Modify Article V ‘‘Relation to Other connection with enforcement of the Act or Regulatory Programs’’ by updating is a series of straight lines connecting in sequence, back to the beginning point. The Sanctuary regulations. section 3 to include the dates of precise boundaries are set forth in the designation and expansion used for Section 2. Consistency With International regulations. Law certification and by adding ‘‘In addition, a permit or authorization may not be Article III. Characteristics of the Area That The regulations governing activities listed issued under any circumstances for Give It Particular Value in Section 1 of this Article shall apply to Cordell Bank (Bank) and Bodega Canyon foreign flag vessels and foreign persons only exploring for, developing or producing to the extent consistent with generally oil, gas, or minerals within the are characterized by a combination of oceanic conditions and undersea topography that recognized principles of international law, Sanctuary.’’ and in accordance with treaties, conventions, The revised CBNMS terms of provides for a highly productive environment in a discrete, well-defined area. The and other agreements to which the United designation read as follows: Sanctuary may contain historical resources of States is a party. TERMS OF DESIGNATION FOR CORDELL national significance. The Bank consists of a Section 3. Emergency Regulations series of steep-sided ridges and narrow BANK NATIONAL MARINE SANCTUARY Where necessary to prevent or minimize pinnacles rising from the edge of the the destruction of, loss of, or injury to a Preamble continental shelf. The Bank is 300–400 feet Sanctuary resource or quality, or minimize Under the authority of Title III of the (91–122 meters) deep at the base and ascends the imminent risk of such destruction, loss, Marine Protection, Research, and Sanctuaries to within 115 feet (35 meters) of the surface or injury, any and all activities, including Act of 1972, as amended, 16 U.S.C. 1431 et at its shallowest point. Bodega Canyon is those not listed in Section 1 of this Article, seq. (the ‘‘Act’’), Cordell Bank, Bodega about 12 miles (10.8 nmi) long and is over are subject to immediate temporary Canyon, and their surrounding waters and 5,000 feet (1,524 m) deep. The seasonal regulation, including prohibition, within the submerged lands offshore northern upwelling of nutrient-rich bottom waters and limits of the Act on an emergency basis for California, as described in Article II, are wide depth ranges in the vicinity have led to a period not to exceed 120 days. hereby designated as Cordell Bank National a unique association of subtidal and oceanic Marine Sanctuary (the Sanctuary) for the species. The vigorous biological community Article V. Relation to Other Regulatory purpose of protecting and conserving that flourishing at Cordell Bank and Bodega Programs special, discrete, highly productive marine Canyon includes an exceptional assortment area and ensuring the continued availability of invertebrates, fishes, marine mammals and Section 1. Fishing of the conservation, ecological, research, seabirds. Predators travel from thousands of The regulation of fishing is not authorized educational, aesthetic, historical, and miles away to feed in these productive under Article IV. All regulatory programs recreational resources therein. waters. pertaining to fishing, including Fishery

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Management Plans promulgated under the A. Summary of Boundary Modifications corrects minor errors and incorporates Magnuson-Stevens Fishery Conservation and these changes without significantly Management Act, 16 U.S.C. 1801 et seq. NOAA is modifying the boundary of GFNMS by extending it northward to altering the size or location of the (‘‘Magnuson-Stevens Act’’), shall remain in seagrass protection zones. effect. All permits, licenses, approvals, and the 39th parallel, just north of Point other authorizations issued pursuant to the Arena in Mendocino County, in order to B. Summary of Existing Regulations Magnuson-Stevens Act shall be valid within include the coastal waters and Extended to the Expansion Areas the Sanctuary. However, all fishing vessels submerged lands north of the original NOAA is extending the following are subject to regulation under Article IV sanctuary, and extending the boundary with respect to discharges and anchoring. prohibitions and exemptions from the seaward to the continental slope to original sanctuaries to the expansion Section 2. Defense Activities approximately the 10,000-foot (1,667- areas. fathom) depth contour. The combined The regulation of activities listed in Article • IV shall not prohibit any Department of expanded boundary increases the size of Prohibition on Certain Discharges Defense (DOD) activities that are necessary the sanctuary from approximately 1,282 (GFNMS and CBNMS) for national defense. All such activities being square miles (968 square nautical miles) Generally, discharging or depositing carried out by DOD within the Sanctuary on to approximately 3,295 square miles any material or other matter from within the effective date of designation shall be (2,488 square nautical miles). The or into the sanctuary is prohibited in exempt from any prohibitions contained in expanded area extends shoreward to the GFNMS and CBNMS with the following the Sanctuary regulations. Additional DOD mean high water line, including activities initiated after the effective date of exceptions for all vessels including designation that are necessary for national restored wetlands, but does not include cruise ships: discharge of clean vessel defense will be exempted after consultation Salmon Creek Estuary, the Russian engine cooling water, clean vessel between the Department of Commerce and River Estuary, the Gualala River Estuary, generator cooling water, clean bilge DOD. DOD activities not necessary for Arena Cove or the Garcia River Estuary. water, anchor wash, and vessel engine national defense, such as routine exercises The southern boundary and portions of or generator exhaust. All vessels other and vessel operations, shall be subject to all the western boundary of GFNMS are than cruise ships are also allowed to prohibitions contained in the Sanctuary coterminous with CBNMS. A map of the discharge or deposit within or into the regulations. expanded sanctuary is available online sanctuary: fish, fish parts, chumming Section 3. Other Programs at http://farallones.noaa.gov/manage/ materials or bait as part of lawful fishing _ All applicable regulatory programs shall expansion cbgf.html. activities; clean effluent generated remain in effect, and all permits, licenses, NOAA is increasing the size of incidental to vessel use and generated approvals, and other authorizations issued CBNMS from approximately 529 square by a Type I or II marine sanitation after July 31, 1989, with respect to activities miles (399 square nautical miles) to device; and clean vessel deck wash conducted within the original Sanctuary 1,286 square miles (971 square nautical down. Note that the discharge boundary and after the effective date of the miles), by including the waters and prohibition applies not only to expansion of the Sanctuary with respect to submerged lands north and west of the discharges and deposits originating in activities conducted within the expansion original sanctuary. The revised the sanctuary (e.g., from vessels in the area pursuant to those programs shall be boundary for CBNMS includes Bodega valid unless prohibited by regulations sanctuary), but also from discharges and implementing Article IV. In addition, the Canyon, a significant bathymetric deposits occurring above the Secretary may not under any circumstances feature that contributes directly to the sanctuaries. issue a permit or authorization for exploring biological productivity of the existing The prohibition against discharge/ for, developing or producing oil, gas, or sanctuary ecosystem. Submarine deposit originating outside the minerals within the Sanctuary. canyons support deep water sanctuary boundaries that subsequently Article VI. Alterations to This Designation communities and affect local and enter and injure a sanctuary resource regional water circulation patterns. The and quality is also being applied in the The terms of designation, as defined under eastern and northern boundaries of section 304(a) of the Act, may be modified expansion areas, subject to the same only by the same procedures by which the CBNMS are coterminous with GFNMS. exceptions described above for original designation is made, including NOAA has also made minor technical discharges within or into the sanctuary. changes to the textual descriptions and public hearings, consultation with interested • Prohibition on the Take and Federal, State, and local agencies, review by point locations of the No-Anchoring the appropriate Congressional committees, Seagrass Protection Zones in the Possession of Certain Species (GFNMS and approval by the Secretary of Commerce Tomales Bay area of GFNMS. NOAA and CBNMS) or designee. converted metric values (hectares and NOAA extends the prohibition on the [END OF TERMS OF DESIGNATION] meters) to nautical miles and miles to be taking or possession of any marine III. Summary of Regulatory consistent with the rest of the mammal, sea turtle or bird within or Amendments document. All zones with a shoreline above the sanctuary unless it is component to their boundary are now authorized by the Marine Mammal With this action, NOAA is: described in language that complies Protection Act, as amended, (MMPA; 16 —Modifying the GFNMS and CBNMS with current ONMS conventions for U.S.C. 1361 et seq.), Endangered Species boundary descriptions and boundary descriptions. In addition to Act, as amended, (ESA), 16 U.S.C. 1531 coordinates; modifying the text, the index numbers et seq., Migratory Bird Treaty Act, as —Applying certain existing prohibitions of some coordinate pairs were reordered amended, (MBTA), 16 U.S.C. 703 et to the expansion areas; and some coordinates were modified to seq., or any regulation, as amended, —Amending certain existing accommodate the edited text. NOAA promulgated under the MMPA, ESA, or prohibitions that apply in the original has made no change to the existing zone MBTA. This regulation under the and expanded areas; and locations or areas, except that the NMSA provides an important and —Adding new prohibitions. boundary coordinates of Seagrass additional deterrent for violations of Specific regulatory language for each Protection Zone 5 were modified existing laws designed to protect marine of the two sanctuaries can be found at slightly to better align with GFNMS mammals, birds, or sea turtles, than that the end of this document. boundaries. Therefore, this final rule provided by those other laws alone. It

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does not apply to activities (including a State of California. In addition, GFNMS • Prohibition on the Desertion of federally or state-approved fishery) that regulations at 15 CFR 922.84 state that Vessels (GFNMS) have been authorized under the MMPA, permitted activities existing prior to the ESA, MBTA or implementing expansion of the sanctuary may be NOAA extends to the GFNMS regulations. allowed to continue through the process expansion area the existing prohibition Therefore, under this regulation, if the of certification described below. on deserting a vessel aground, at anchor, National Marine Fisheries Service For CBNMS, NOAA extends to the or adrift in the sanctuary. Deserting a (NMFS) or the United States Fish and expansion area the existing regulation in vessel increases the likelihood of a Wildlife Service (USFWS) issues a the sanctuary beyond the line calamitous event or the risk of sinking, permit for, or otherwise authorizes, the representing the 50-fathom isobath which could result in the discharge of take of a marine mammal, bird, or sea surrounding Cordell Bank, which harmful toxins, chemicals or oils into turtle, the permitted or authorized prohibits drilling into, dredging, or the marine environment, reducing water taking is allowed under this rule and otherwise altering the submerged lands; quality and impacting biological would not require an additional or constructing, placing or abandoning resources and habitats. In addition, the sanctuary permit unless the activity also any structure, material or matter on the vessel itself and its materials on board violates another provision of the submerged lands of the sanctuary. This can damage habitat. As defined in the sanctuary’s regulations. The intent of prohibition includes two exceptions: (1) regulations, the term ‘‘deserting’’ this regulation is to enhance the Anchoring vessels; and (2) while includes leaving a vessel at anchor protection of the diverse and vital conducting lawful fishing. when its condition creates potential for marine mammal, bird, and sea turtle a grounding, discharge, or deposit; and populations of the sanctuaries. This • Prohibition on the Disturbance of the owner/operator fails to secure the area-specific focus is complementary to Historic Resources (GFNMS) efforts of other resource protection vessel in a timely manner. NOAA extends to the expansion area agencies. NOAA also is extending to the for GFNMS the existing prohibition on GFNMS expansion area the prohibition • Prohibition on the Introduction of possessing, moving, removing, or on leaving harmful matter aboard a Introduced Species (GFNMS and injuring, or attempting to possess, move, grounded or deserted vessel in the CBNMS) remove or injure a sanctuary historical GFNMS. Once a vessel is grounded or resource in the sanctuary. This Since 2008, it has been unlawful to deserted, there is a high risk of introduce or release an introduced regulation provides added protection to fragile, finite, and non-renewable discharge/deposit of harmful matter into species in the federal waters of both the marine environment. Harmful sanctuaries. Through a separate resources so they may be studied, and appropriate information may be made matter aboard a deserted vessel also rulemaking, NOAA recently published a poses a threat to water quality. The final rule prohibiting the introduction of available for the benefit of the public. prohibition implemented by this rule is an introduced species into the state The term ‘‘historical resource’’ is intended to reduce or avoid harm to waters within the original boundary of defined in ONMS program-wide sanctuary resources and qualities from GFNMS (80 FR 8778). With this final regulations as any resource possessing rule, NOAA extends this prohibition on historical, cultural, archaeological or potential deposit or leakage of introducing an introduced species into paleontological significance, including hazardous or other harmful matter from the expanded areas of both GFNMS and sites, contextual information, structures, a vessel. districts, and objects significantly CBNMS, subject to existing exceptions • Prohibition on Oil, Gas, or Minerals associated with or representative of for catch and release of striped bass Exploration (CBNMS) (Morone saxatilis) and for any earlier people, cultures, maritime aquaculture project conducted within heritage, and human activities and NOAA extends to the expansion area Tomales Bay (in GFNMS) consistent events. As defined in the National for CBNMS the existing prohibition on with a permit, lease or license issued by Historic Preservation Act, as amended, exploring for, developing or producing the State of California. and NOAA national marine sanctuary oil, gas, or minerals. regulations, (15 CFR 922.3), historical • Prohibition on Construction on and resources include ‘‘submerged cultural • Exemption for Department of Defense Alteration of the Submerged Lands resources,’’ and ‘‘historical properties.’’ Activities (GFNMS and CBNMS) (GFNMS and CBNMS) This rule prohibits the possession of a NOAA extends to the GFNMS sanctuary historical resource regardless NOAA extends to the GFNMS and expansion area the prohibition on of whether it is possessed within or CBNMS expansion areas each constructing any structure other than a outside the sanctuary. For example, this sanctuary’s existing exemption for DOD navigation aid on or in the submerged rule makes it unlawful to possess activities necessary for national defense. lands of the sanctuary; placing or anywhere an artifact that was The activities may be conducted in abandoning any structure on or in the unlawfully taken from a shipwreck in these areas, provided such activities submerged lands of the sanctuary; or GFNMS. were conducted by DOD on or prior to drilling into, dredging, or otherwise the effective date of the expansions. • Prohibition on White Shark Attraction altering the submerged lands of the DOD activities necessary for national (GFNMS) sanctuary in any way. This prohibition defense initiated after the effective date includes four exceptions: (1) Anchoring NOAA extends to the GFNMS could be exempted after consultation vessels; (2) while conducting lawful expansion area the existing prohibition with the sanctuary superintendent, with fishing activities; (3) routine on attracting a white shark anywhere authority delegated from the ONMS maintenance and construction of docks within the sanctuary. The intent of this Director. In CBNMS, DOD activities not and piers on Tomales Bay; or (4) regulation is to prevent harm or necessary for national defense, such as aquaculture activities conducted behavioral disturbance to white sharks, routine exercises and vessel operations, pursuant to a valid lease, permit, license which are one of the key predators in are subject to all prohibitions listed in or other authorization issued by the the GFNMS ecosystem. the CBNMS regulations.

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• Exemption for Emergencies (GFNMS • New Exemption for Graywater and rescue missions or law enforcement and CBNMS) Discharges (GFNMS and CBNMS) operations (other than routine training activities) carried out by the National NOAA extends to the GFNMS and With the final rule, NOAA is Park Service, U.S. Coast Guard, Fire or CBNMS expansion areas the existing including an additional exemption to Police Departments or other Federal, exemption for activities necessary to allow the discharge/deposit of State or local jurisdictions. graywater, as defined by section 312 of respond to an emergency threatening This final rule does not change the the Federal Water Pollution Control Act life, property, or the environment from prohibition on the operation of MPWC sanctuary regulations. (FWPCA), by vessels less than 300 GRT, within the original sanctuary boundary or vessels 300 GRT or greater without • Exemption for Permitted Activities and does not change the definition of sufficient holding tank capacity to hold (GFNMS and CBNMS) MPWC. During the comment period, graywater while within the sanctuary. NOAA received a wide range of NOAA extends to the expanded area This new exception does not apply to comments from the public regarding for both sanctuaries the exemption for cruise ships. This modification whether and how MPWCs should be activities permitted by the sanctuary recognizes the large area of the regulated in the expansion area. As a superintendent, with authority combined boundaries (and the difficulty result of the breadth and diversity of delegated from the ONMS Director, in some vessels may have to hold comments, NOAA is not extending the accordance with the permit issuance graywater while transiting the MPWC prohibition to the GFNMS criteria found in 15 CFR 922.48, 15 CFR sanctuary), and now allows certain expanded area from the southernmost 922.83 (GFNMS) and 15 CFR 922.113 vessels to discharge clean graywater tip of Bodega Head (the parallel at (CBNMS). It is important to note that within the existing and expanded 38.29800 degrees North Latitude) and to permits will only be available for sanctuaries. Note that vessels greater the northern boundary near Point Arena activities that would otherwise be than 300 GRT with holding capacity are so that it may consider the issue in more prohibited by the regulations at 15 CFR still prohibited from discharging depth through a separate process, which 922.82(a)(2) through (a)(9) and (a)(11) graywater anywhere in the sanctuary. will include public input, once the through (a)(16) for GFNMS, and at 15 The graywater exemption also applies expansion of the sanctuary is final. Use CFR 922.112(a)(2) through (a)(7) for to the prohibition on a discharge/ of MPWC in most of the GFNMS CBNMS. No permit may be issued for deposit originating outside the expansion area will remain unregulated activities that violate: 15 CFR sanctuary boundaries that subsequently by NOAA at this time. 922.82(a)(1) (GFNMS) and 15 CFR enters and injures a sanctuary resource • 922.112(a)(1) (CBNMS), which prohibit or quality. Vessels less than 300 GRT or Prohibition on Low Flying Aircraft in the exploration for, development, or a vessel 300 GRT or greater without Designated Zones (GFNMS) production of oil, gas or minerals within sufficient holding capacity for graywater GFNMS regulations prohibit the sanctuary; 15 CFR 922.82(a)(10) are exempt from this ‘‘enter and injure’’ disturbing marine mammals or seabirds (GFNMS) and 15 CFR 922.112(a)(8), prohibition. by flying motorized aircraft at less than which prohibit the introduction of an 1,000 feet over the waters within one • Prohibition on Oil, Gas, or Minerals introduced species; and 15 CFR nautical mile of the Farallon Islands, Exploration (GFNMS) 922.82(a)(17) (GFNMS) and 15 CFR Bolinas Lagoon, or any Area of Special 922.112(a)(9) (CBNMS), which prohibit NOAA is extending the existing Biological Significance (ASBS, see interference with an enforcement action. GFNMS prohibitions on oil and gas description below), except to transport A sanctuary superintendent may issue a exploration, development, and persons or supplies to or from the sanctuary permit to: (1) Further research production to the expanded area, with Farallon Islands or for enforcement or monitoring related to sanctuary the following modifications: purposes. NOAA presumes that a failure resources and qualities; (2) further the 1. NOAA is amending the current to maintain a minimum altitude of 1,000 educational value of the sanctuary; (3) GFNMS regulation to also prohibit feet above ground level over such waters further salvage or recovery operations; exploring for, developing, or producing disturbs marine mammals or seabirds. or (4) assist in managing the sanctuary. minerals within the existing and NOAA is amending this regulation as • expanded GFNMS boundary to be follows: (1) Changing the name of all Issuance of Emergency Regulations consistent with the adjacent CBNMS zones where this prohibition is applied (GFNMS and CBNMS) and Monterey Bay National Marine to Special Wildlife Protection Zones The terms of designation for both Sanctuary. No commercial exploration, (SWPZs); (2) changing the shape of sanctuaries include the authority for development, or production of minerals these zones from round to polygon; (3) NOAA to issue regulations on an is currently conducted, nor is such clarifying that the exception for emergency basis to prevent immediate, activity anticipated in the near future. transporting persons or supplies to or serious and irreversible damage to 2. NOAA is removing the GFNMS from Southeast Farallon Island is sanctuary resources. In GFNMS, exception for laying pipelines related to limited to transports authorized by the emergency regulations would be issued hydrocarbon operations adjacent to the U.S. Fish and Wildlife Service, Farallon under national marine sanctuary system sanctuary. There are no existing or ; and (4) adding regulations at 15 CFR 922.44. In proposed oil or gas pipelines in the two new SWPZs (where the low CBNMS, emergency regulations would vicinity and no currently planned or overflight restriction applies) in the be issued under site regulations at 15 reasonably foreseeable oil or gas leases GFNMS expansion area. The combined CFR 922.112(d). or development projects that would area for all seven SWPZs covers 2.77% necessitate pipelines. of sanctuary waters (approximately 91.5 C. Summary of Amendments to Existing • square miles). Each of these four Regulations Prohibition on Operating MPWC changes is described in more detail With this rule, NOAA is amending the (GFNMS) below. NOAA provides the boundaries following regulations and applying GFNMS regulations in the original of the SWPZs as an appendix to the them throughout the sanctuaries, sanctuary prohibit the operation of all regulations. A map of the various zones including in the expansion areas. MPWC, except for emergency search designated in this rule can be viewed

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online at http://farallones.noaa.gov/ similar in size and location to the prohibition zone currently exists at the manage/expansion_cbgf.html. original low overflight restriction areas Middle Farallon Island, NOAA is now 1. NOAA is deleting the definition of (Bird Rock ASBS, Point Reyes removing it because the International ASBS in GFNMS regulations (although Headlands ASBS, Double Point ASBS, Maritime Organization amended the San those areas are still designated by the Duxbury Reef ASBS, Bolinas Lagoon Francisco Traffic Separation Scheme to state of California for water quality and the waters around the Farallon route vessel traffic farther away from the purposes and their status under State Islands). The new SWPZs result in a Farallon Islands, virtually eliminating law remains unaffected by this rule). slight increase in zone size for some the potential for cargo vessels to transit ASBS, as adopted by California’s State areas and a decrease in size in other the area between those islands. Because Water Resources Control Board, are areas. NOAA believes the small changes SWPZs extend one mile seaward from designated to protect water quality in size to these zones add little to no land and because the cargo vessel based on the presence of certain species additional flight time for aircraft and restriction zones would extend one or biological communities that, because therefore result in a negligible change of additional mile beyond SWPZs, this of their value or fragility, deserve operations for low flying aircrafts above rule creates a two nautical mile cargo special protection. Within the original the existing sanctuary. A detailed vessel restriction zone. Thus, the overall GFNMS boundaries, ASBS coincided description of each of the zones may be size and location of the new zones will with areas of high concentrations and/ found in the FEIS section 3.2. not significantly differ from the existing or biological diversity of breeding 3. The final rule clarifies that the areas, resulting in a negligible change pinnipeds and birds and, as such, exemption for low overflight restriction for transiting cargo vessels. provided the rationale for NOAA’s at SWPZ 6 applies specifically to In addition, NOAA is adding two new overflight restrictions. However, ASBS persons authorized by the U.S. Fish and cargo prohibition zones in the in the GFNMS expansion area are not in Wildlife Service and Farallon National expansion area that extend one nautical locations with high concentrations of Wildlife Refuge to allow transiting Zone mile beyond each of the two newly breeding pinnipeds or birds. 6 to transport authorized persons or designated SWPZs. Operating any vessel Therefore, NOAA has added a supplies to or from Southeast Farallon engaged in the trade of carrying cargo is definition for Special Wildlife Island, or for enforcement purposes. prohibited in the zones. The combined Protection Zones (SWPZ) and is no 4. This rule is creating two new area of the new cargo vessel zones in the longer utilizing the references to Bird SWPZs in the GFNMS expansion area. expansion area is approximately 61.7 Rock ASBS (at ), Point Low overflight restriction regulations square miles. These two new zones are Reyes Headlands ASBS, Double Point will apply to the two new SWPZs. The inshore of known cargo vessel traffic ASBS, Duxbury Reef ASBS, Bolinas first zone extends south along the coast routes; therefore NOAA does not expect Lagoon and the waters around the from Havens Neck in Mendocino them to interfere significantly with Farallon Islands. Instead, NOAA is County approximately 10 miles to Del current cargo vessel traffic. NOAA renaming and redefining these areas as Mar Point in Sonoma County. The size provides the boundaries of the cargo SWPZs. NOAA is also designating two of this zone is approximately 10.5 vessel restriction zones as an appendix new SWPZs in the GFNMS expansion square miles. The second zone extends to the regulations. A map of the various area where breeding birds and south along the coast from Windermere zones designated with this rule is pinnipeds aggregate and would benefit Point, north of the Russian River in available online at http:// from overflight restrictions. Within Sonoma County, approximately 14 farallones.noaa.gov/manage/expansion_ these SWPZs, disturbing seabirds or miles to Duncan’s Point. The size of the cbgf.html. marine mammals by flying motorized zone is approximately 21.4 square • aircraft at less than 1000 feet over the miles. The overflight restrictions for Prohibition on White Shark Approach waters (except when transiting SWPZs these two new zones, consistent with (GFNMS) to transport authorized persons or those of the SPWZs within the original This final rule modifies the locations supplies to or from Southeast Farallon GFNMS boundaries, are intended to where approaching a white shark is Island authorized by the U.S. Fish and protect high concentrations of breeding prohibited at the Farallon Islands. Wildlife Service, Farallon National pinnipeds and birds from certain human NOAA originally prohibited Wildlife Refuge, or for enforcement activities that could harm these approaching within 50 meters of a white purposes) is prohibited. Failure to sensitive resources. shark within two nautical miles of the maintain a minimum altitude of 1000 Farallon Islands to prevent harassment • Prohibition on Cargo Vessels in feet above ground level over such waters and to reduce wildlife disturbance to Designated Areas (GFNMS) is presumed to disturb marine mammals white sharks. The rule removes the or seabirds. This presumption of NOAA is amending the regulation approach prohibition around Middle disturbance could be overcome by that prohibits cargo vessels from Farallon Island because NOAA no contrary evidence that disturbance did transiting closer than two nautical miles longer considers the waters around that not, in fact, occur (e.g., evidence that no from the Farallon Islands, Bolinas island as a location of primary food marine mammals or seabirds were Lagoon, or any ASBS. As previously source for white sharks. NOAA is present in the area at the time of the low explained, these areas are now renamed maintaining the zones off North and overflight). SWPZs. Restricting the distance that Southeast Farallon Islands and 2. With this rule NOAA is also cargo vessels may approach SWPZs is reconfiguring those zones to polygon changing the shape of the zones from intended to prevent wildlife disturbance shapes to improve compliance. NOAA circles to polygons to improve the and minimize the risk of oil spills in provides the boundaries of the compliance with regulations that apply these areas. For the five cargo vessel prohibition zones as an appendix to the in the zones and has delineated prohibition zones in the original regulations. As now revised, the boundaries around known points, sanctuary boundaries, NOAA is combined area of the two new white islands and landmarks. These five changing the shape from circles to shark protection zones is approximately SWPZs—Tomales Point, Point Reyes, polygons to improve the compliance 47.7 square miles, which reduces the Duxbury Reef-Bolinas Lagoon, and two with this regulation and to facilitate total size of the prohibition area by zones at the Farallon Islands—remain enforcement. Although a cargo vessel approximately 4.5 square miles. NOAA

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believes this change in boundaries will historical resources in any geographic be received by NOAA within 90 days of result in a negligible change for location. For example, under this the effective date of this final rule. In researchers and tourism operators in the regulation it is unlawful for anyone to the proposed rule, the time period when existing sanctuary and the possess an artifact taken from a an application for certifying permitted reconfiguration of zones will result in shipwreck in CBNMS, even if the existing uses should be received was 60 more effective resource protection. artifact is no longer in the sanctuary. days. However, to ensure sufficient time for outreach and for any potential party • IV. Changes From Proposed to Final Procedures To Certify Certain affected to prepare an application, Rule Activities [GFNMS] NOAA has extended the time period to NOAA is amending the explanation of Based on public comments received 90 days. the procedure by which preexisting between April 14 and June 30, 2014, as leases, permits, licenses, or approvals well as internal deliberations and 3. Description of the Area for GFNMS for activities in the expansion area and interagency consultation, NOAA has NOAA has made a small change to its in existence on the effective date of the made the following changes to its proposed estimate of the area for sanctuary expansion may be certified proposed rule. NOAA has revised the GFNMS, changing it from 3,297 square (see 15 CFR 922.84). NOAA clarifies FEIS accordingly. miles (2,490 square nautical miles) to 3,295 square miles (2,488 square that the certification process will only 1. Authorization Authority for CBNMS nautical miles), due to the following apply to activities in the expansion area, and GFNMS defines the application process, factors: Change of boundaries at Arena including limiting the duration of time In the proposed rule, NOAA proposed Cove (described below); use of an for the application submittal process, adding to the GFNMS and CBNMS updated NOAA shoreline map; and the and establishes criteria for the regulations the authority for ONMS to exclusion of offshore rocks and islands certification approval process. The consider an otherwise prohibited that are above the mean high water line. certification process is developed as activity if such activity is specifically In addition, NOAA removed the part of a separate mandate under the authorized by any valid Federal, State, reference to Giacomini Wetland in the NMSA and is unrelated to the or local lease, permit, license, approval, description of the sanctuary that was authorization process proposed by or other authorization (‘‘authorization included in the proposed rule. The NOAA in the proposed rule. authority’’). While NOAA believes reference generated confusion regarding authorization authority is a valuable the areal extent of Tomales Bay that is D. Summary of New Regulations tool for managing certain coastal and within the sanctuary. NOAA was not NOAA is implementing the following marine uses within national marine proposing to change the GFNMS new prohibitions and exemptions for sanctuaries, the agency has removed boundary in Tomales Bay. The addition the existing and expanded sanctuary this proposal in response to the wide of Giacomini Wetland to the GFNMS area. range of concerns expressed by the boundary occurred as a result of the public during the comment period. • migration of the Mean High Water Line Prohibition on Interference With an NOAA is not amending the regulations in Tomales Bay when the Waldo Investigation (GFNMS and CBNMS) at 15 CFR 922.49 (ONMS regulations), Giacomini Ranch was converted into a NOAA is adding new regulations that 15 CFR 922.82(e) (GFNMS regulations) wetland through the Giacomini Wetland apply in the original and expanded or 15 CFR 922.112(d) (CBNMS Restoration Project. The purpose of areas of GFNMS and CBNMS. The regulations) that would have given previously listing its inclusion in the regulations prohibit interfering with, GFNMS and CBNMS authorization current boundary description was to obstructing, delaying, or preventing an authority. NOAA intends to initiate a inform the public that since the last investigation, search or seizure in separate process that will include public official boundary area calculation, connection with an enforcement action input on the topic of authorization which was conducted in 2007, GFNMS related to the National Marine authority for GFNMS and CBNMS after waters have since migrated into the Sanctuaries Act (NMSA; 16 U.S.C. 1431 the finalization of this expansion rule. Giacomini Wetland and those waters et seq.). For better compliance with overlap with 2. Certification of Existing Uses sanctuary regulations, this regulation property. However, it is not necessary to codifies an existing mandate from the Because of the possibility that include the wetland as part of the NMSA (16 U.S.C. 1436). preexisting activities that are permitted boundary description, so the specific by other federal or state agencies might reference to Giacomini Wetland is • Prohibition on the Disturbance of be occurring within the GFNMS removed from the final boundary Historic Resources (CBNMS) expanded area that would otherwise be description in order to avoid confusion. NOAA is adding a new regulation to prohibited by GFNMS regulations, the existing and expanded CBNMS NOAA is clarifying the language at 15 4. Arena Cove boundary prohibiting disturbance of, or CFR 922.84 describing the process by After careful consideration of all attempts to disturb, a sanctuary which it can certify existing permitted comments, NOAA has adjusted the historical resource within CBNMS (this activities within the expansion area. In sanctuary boundary to exclude a larger prohibition already exists within compliance with the NMSA, GFNMS area of Arena Cove than originally GFNMS). This new prohibition helps regulations at 15 CFR 922.84 state that proposed. The final boundary for Arena protect fragile, finite, and non- certification is the process by which Cove is approximately 900 feet from the renewable historical resources so they permitted activities existing prior to the end of the harbor pier, which excludes may be studied, and appropriate expansion of the sanctuary that violate all of the current harbor moorings information may be made available for sanctuary prohibitions may be allowed within the cove and allows for the benefit of the public. This rule also to continue, provided certain conditions expansion of pier and harbor operations. prohibits the possession of a sanctuary are met. The certification process only The final boundary is drawn at a line historical resource, and provides for applies to activities in the GFNMS that connects two points on each side of comprehensive protection of sanctuary expanded area. Applications for the cove. NOAA rejected one suggestion resources by making it illegal to possess certifying permitted existing uses must to align the boundary with the existing

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buoy at the edge of the harbor, given the pinnipeds, and, at this time, is not of this action, but were subject to public buoy is not a fixed location and would intended to address other marine review in that separate rulemaking and require use of latitude/longitude mammals such as whales and dolphins. are presented as part of the current coordinates for boundary identification The definition has also been modified regulations that now apply in GFNMS. (which is less effective for compliance from ‘‘seabirds’’ to ‘‘birds’’ to include all 10. Boundary Coordinates and enforcement purposes). This change breeding birds (e.g. oyster catchers) that at Arena Cove decreases the size of the may be susceptible to human NOAA is providing exact boundary expanded sanctuary by approximately disturbance from low flying aircraft and coordinates for the regulations that one tenth of a square nautical mile. transiting cargo vessels along the prohibit transit of cargo vessels and sanctuary shoreline. approaching a white shark, whereas in 5. MPWC Use the proposed rule the areas were only In the proposed rule, NOAA had 7. Overflight Exception for SWPZ 6 defined by specifying a one-mile radius proposed restricting use of MPWCs to In its proposed rule, NOAA around SWPZs. specific zones in the GFNMS expansion recommended the following exception area. As proposed, MPWCs would have for SWPZ 6: ‘‘. . . transiting Zone 6 to 11. Cultural Resources Within the been prohibited in most of the area. transport authorized persons or supplies Terms of Designation for CBNMS and However, due to the range of comments to or from Southeast Farallon Island or GFNMS in support of, in opposition to, and for enforcement purposes.’’ Based on The existing terms of designation for suggesting change to the MPWC comments submitted by the Department both GFNMS and CBNMS describing regulations in the proposed rule, NOAA of the Interior, NOAA is clarifying that activities subject to regulation included has removed its proposal for MPWC use this exception applies specifically to the general term ‘‘activities regarding zones from this final action. NOAA has persons authorized by the U.S. Fish and cultural and historical resources.’’ concluded that addressing the various, Wildlife Service and Farallon National Consistent with the regulations already divergent public comments and the Wildlife Refuge. The exception for in place for both sanctuaries and with issues that were raised regarding MPWC enforcement purposes remains the terms of designation for the adjacent regulations in the expansion area is not unchanged. Monterey Bay National Marine feasible at this time. As a result, MPWCs 8. Use of the Term ‘‘Mariculture’’ Sanctuary, NOAA has clarified the are not regulated in most of the activities subject to regulation related to expansion area, from the southernmost NOAA has historically used the term cultural resources are in fact: Taking, tip of Bodega Head (the parallel at ‘‘mariculture’’ in the original GFNMS removing, moving, collecting, 38.29800 degrees North Latitude) to the terms of designation and regulations. possessing, injuring or causing the loss northern boundary near Point Arena, However, the term ‘‘aquaculture’’ has of, or attempting to take, remove, move, with this rulemaking, but will continue now become more widely used to collect, injure or cause the loss of to be prohibited (with exceptions) in the describe the same activities as those cultural or historical resources. existing GFNMS boundaries, including described as ‘‘mariculture,’’ is used by Bodega Bay. other national marine sanctuaries 12. Permits for Oil, Gas, and Minerals Furthermore, because NOAA is (including the adjacent Monterey Bay Within the Terms of Designation for removing its former MPWC proposal in NMS), and is the term used in NOAA’s CBNMS and GFNMS this final action, the proposed 2011 policy on aquaculture. With this In the proposed rule, NOAA proposed requirement of a GPS unit for all final rule, NOAA replaces the term placing the following phrase in the MPWCs is also being removed from this ‘‘mariculture’’ with ‘‘aquaculture’’ in the GFNMS and CBNMS terms of final rule. The existing definition of GFNMS regulations. This is a technical designation Article IV, Section 1: ‘‘In MPWC will remain unchanged and change that does not have any effect on addition, the Secretary may not under continue to apply in the original area of the types of activities subject to NOAA any circumstances issue a permit or GFNMS. NOAA intends to initiate a regulation. authorization for exploring for, separate public process on the topic of 9. Separate Rulemaking on Introduced developing or producing oil, gas, or MPWC for GFNMS after the finalization Species minerals within the Sanctuary.’’ NOAA of this expansion rule to receive has determined that this phrase is better additional public input and information NOAA has been conducting a separate placed in the terms of designation on this issue. rulemaking on regulations relating to Article V, Section 3 for both sanctuaries, the introduction of introduced species with slight modification, to read as 6. Special Wildlife Protection Zone in GFNMS and MBNMS. That (SWPZ) Definition follows: ‘‘In addition, a permit or rulemaking, completed prior to this authorization may not be issued under Given the confusion of public final rule, amends regulations and terms any circumstances for exploring for, comments over the types of activities of designation for GFNMS. Accordingly, developing or producing oil, gas, or that would be regulated within SWPZs, this final rule includes this new minerals within the Sanctuary.’’ this final rule revises the proposed regulatory language that had not yet definition of SWPZs at 15 CFR 922.81 been promulgated when the proposed V. Response to Comments in order to clarify its intent. This change rule for boundary expansion was NOAA received over 1,000 comments clarifies that SWPZs are defined areas published. Changes include the actual on the DEIS, proposed rule and GFNMS susceptible to human disturbances. regulatory prohibition in § 922.82(a)(10), and CBNMS draft revised management Specific prohibitions for transiting cargo a reference to the boundary of Tomales plans during the April 14 to June 30, vessels, low flying aircraft and vessels Bay added as appendix D to the subpart, 2014 public review period. Comments approaching white sharks within these and a new § 922.85 regarding a were received via mail, submissions on zones apply to the SWPZs. NOAA is memorandum of agreement between the regulations.gov Web site and oral also clarifying that SWPZs do not NOAA and state agencies describing testimony at four public meetings. include pinniped and bird resting and how the agencies will consult on any NOAA summarized the comments foraging areas. The definition is future review of aquaculture projects in according to the content of the purposefully limited to breeding Tomales Bay. These changes are not part statement or question put forward in

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written statements or oral testimony the permits of other agencies for species of marine mammals, fish, birds regarding the proposed action and activities that would otherwise be and invertebrates inhabit the waters and alternatives. NOAA also made changes prohibited within the sanctuaries submerged lands in the proposed to the DEIS, proposed rule and CBNMS because it would allow activities in expanded sanctuaries and it would be and GFNMS management plans in conflict with marine resource difficult to design boundaries to reflect response to the comments, where protection. specific wildlife activity. In addition, appropriate, including updates to data Response: Due to issues raised the proposed western boundaries meet where the comments affect the impact regarding authorizations in comments the purpose for the action by containing analysis or are relevant to the sanctuary received during the public review most of the source waters of CBNMS action plans. Several technical or period, NOAA has removed and GFNMS stemming from the editorial comments on the DEIS and authorization authority from the final upwelling cell originating off Point management plans, and comments regulations for both sanctuaries. Arena. As such, NOAA is not changing merely pointing out a mistake or However, NOAA believes authorization the expanded western boundaries of missing information were addressed authority could be a valuable tool in CBNMS and GFNMS as described. directly in the body of the documents in managing several types of uses that Expand GFNMS To Include Portions of question, without a separate response currently occur in the proposed the MBNMS Boundary being presented by NOAA. expansion area or may be proposed in Overall, there was strong support for the future in the expanded sanctuaries. Comment: NOAA should include a the proposed sanctuary boundary NOAA intends to conduct a separate portion of the Marin County coastline to expansion and the proposed actions for process with sanctuary advisory Point Bonita; or the entire Marin County increasing protection of marine councils and public input to consider coastline; or the northern region of resources. Most comments focused on authorization authority after this rule is MBNMS from An˜ o Nuevo to the current the regulatory aspects of the proposed finalized. GFNMS boundary at Rocky Point to action, including concerns about the Comment: NOAA should narrow or reflect the oceanographic boundaries of proposed authorization authority, otherwise limit the list of uses that GFNMS and improve conservation and motorized personal watercraft use, and could be approved through the management over these waters. the proposed Special Wildlife authorization process, such as sewage Response: Expanding the GFNMS Protection Zones. Boundary issues were discharges. boundary to include waters adjacent to focused primarily on the inclusion of Response: NOAA intends to conduct the southern portion of Marin County estuaries and river mouths and on a separate public process to consider outside of the current MBNMS extending the boundaries to include the authorization authority after this rule is boundary, or the waters adjacent to the entire Mendocino coastline. Numerous finalized. As part of this process, NOAA Marin County or San Mateo County comments requested modifications to will consider which activities could be coast within MBNMS, is outside the the draft revised sanctuary management potentially considered for an scope of this proposed action. GFNMS plans to strengthen resource protection. authorization. has administrative jurisdiction over the Each of these issues is addressed below. Comment: NOAA should move northern portion of MBNMS, from the Comments were grouped into forward with authorization authority, San Mateo/Santa Cruz County line categories, starting with more general because it may be useful for considering northward to the existing boundary issues, followed by specific issue activities with minimum impacts and between the two sanctuaries, including comments, most of which correspond to for improving consultation with other the waters adjacent to southern Marin the EIS issue area topics (e.g., biological agencies. County and most of San Mateo County. resources, fishing, oil and gas facilities, Response: NOAA originally proposed MBNMS remains the lead for water military uses, etc.). For most topics, adding authorization authority at both quality issues in this area. NOAA is there are numerous sub-categories or sanctuaries because it has proven to be satisfied with the effectiveness of the issues, under which several comments a useful and necessary regulatory tool at management framework at this time. may have been combined. other sanctuaries similar in size and Expand CBNMS and GFNMS in Other scope to GFNMS and CBNMS. As Configurations or Size General Support and Opposition of described in the responses above, Proposed Sanctuary Expansion NOAA will rely on a separate process to Comment: NOAA should design CBNMS and GFNMS boundaries in Support for Sanctuary Expansion work with communities, including other agencies, on the need for and benefits of other configurations than the proposed Comment: Many comments voiced extending authorization authority to action or alternatives. Response: NOAA believes the support for the proposed expansion of GFNMS and CBNMS. sanctuary boundaries and encouraged boundary configuration best meets the NOAA to proceed with the expansion Boundaries stated purpose of the proposed action to protect upwelling off Point Arena and process. Western Boundaries of CBNMS and waters flowing south from it to CBNMS Response: Comment noted. GFNMS and GFNMS. Opposition to Sanctuary Expansion Comment: NOAA should make minor Comment: NOAA should expand Comment: Some of the comments adjustments to the proposed western CBNMS and GFNMS boundaries even stated opposition to the overall boundaries: they are highly angular and farther north to include other sanctuary expansion process for various may not consistently reflect actual communities interested in protecting reasons. wildlife activity. areas through a national marine Response: Comment noted. Response: The western, northern, and sanctuary. southern boundaries of the expanded Response: The purpose of this action Authorization Authority CBNMS and GFNMS correspond to is to protect the upwelling cell Comment: NOAA should remove its specified points of latitude and originating off Point Arena. NOAA proposal to provide GFNMS and longitude primarily for purposes of believes the northern boundary of CBNMS with the authority to authorize enforcement and education. Many GFNMS properly encompasses the area

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oceanographically and ecologically. areal extent of GFNMS in Tomales Bay. expansion at the mouth of the Russian However, NOAA has recently developed The addition of Giacomini Wetland to River. a process for communities to nominate the GFNMS boundary occurred as a Response: A new coordinate at the areas for consideration as a national result of the migration of the mean high Russian River is not necessary. When a marine sanctuary as described online at water line in Tomales Bay when the national marine sanctuary does not http://www.nominate.noaa.gov/. Any Waldo Giacomini Ranch was converted include a certain estuary, NOAA community group interested in into a wetland through the Giacomini identifies the boundary as crossing the additional protection for nearby coastal Wetland Restoration Project. The mouth of the river or creek in a straight waters can consider that process. purpose of listing its inclusion in the line that intersects the mean high water proposed boundary description was to line on each side. This straight line is Arena Cove Boundary inform the public that since the last defined by two points, one on either Comment: NOAA should exclude a official boundary area calculation in side of the river or creek. A third point larger area of Arena Cove than what was 2007, GFNMS waters have since is not necessary unless the line has proposed in order to lessen impacts of migrated into the Giacomini Wetland multiple segments. regulations on current human uses in and those waters overlap with NPS Purpose and Need for Proposed the cove, such as moorings. property. However, it is not necessary to Expansion/Regulations Response: After careful consideration list this area in the boundary of all comments, NOAA has adjusted description since the mean high water Comment: NOAA should explain why the sanctuary boundary to exclude all of line is the official boundary of the it aims to protect only one upwelling Arena Cove. Thus, the final boundary sanctuary in that location, so the area when the upwelling phenomenon excludes all of the current harbor specific reference to Giacomini Wetland occurs throughout the coastline along moorings as well as all basic pier and has been removed from the boundary California, Oregon and Washington. harbor operations immediately west of description in the final rule. Response: The upwelling cell the end of the pier. Other activities, GFNMS boundaries currently overlap originating at Point Arena, which is such as discharges from fireworks, will with the NPS in Tomales Bay on the strongly linked with the sanctuary not be regulated by GFNMS, provided east and south shores. The GFNMS waters to the south, is distinctly the discharges fall within the area of boundary does not affect the NPS’ different and is largely separate from Arena Cove that is not included in the authority to extend its boundaries into other upwelling cells to the north. sanctuary. The final boundary excludes the sanctuary. As a routine matter, Including other upwelling cells to the Arena Cove shoreward of a line that NOAA coordinates its management north or south of the existing CBNMS connects the two points on the efforts with NPS and any potential and GFNMS would not support the northwest and southeast sides of the future conflicts that may arise would be purpose and need for this proposed cove. The boundary is shown in Figure addressed through this coordination. action, because there is less ecological 3.2—16 in the FEIS. connection between those upwelling Comment: NOAA should include all Inclusion of Estuaries and Russian River cells and the waters of CBNMS and of Arena Cove, because without Mouth GFNMS. Additional information is sanctuary protection, incompatible uses Comment: NOAA should include the provided in Sections 2.1 and 2.2 of the such as oil and gas facilities may be Russian River Estuary, Salmon Creek FEIS. permitted within and adjacent to the Estuary, Gualala River Estuary, and the Comment: NOAA should elaborate on cove. Garcia River Estuary to the mean high how sanctuary expansion would offer Response: With this final rule, oil and water line, in the expanded sanctuary. more protection to resources in the gas exploration and development is Response: In this rule, NOAA is only upwelling zone. There are both negative prohibited in the expansion area, extending the GFNMS boundary to and beneficial effects of the proposed including areas adjacent to Arena Cove. mean high water and outside of river action, and there does not appear to be Although sanctuary regulations do not mouths and estuaries. The revised adequate analysis of a net benefit apply in Arena Cove, there are state GFNMS management plan includes an beyond existing protections such as the regulations and restrictions that prohibit activity requesting the Sanctuary State-designated marine protected areas oil and gas development in state waters, Advisory Council to provide (MPAs). which include Arena Cove. Therefore, recommendations on the possible Response: NOAA’s regulations do not given the small area excluded in Arena inclusion of coastal estuaries in the duplicate those of the state MPAs Cove, and the presence of other existing sanctuary. (which primarily restrict fishing), but regulations in adjacent waters, NOAA Comment: NOAA should clarify that rather complement them. Sanctuary believes it is unlikely that oil and gas the Russian River Estuary Management regulations, as well as its research and facilities would be constructed in Arena Project, which is managed by the education programs, collectively Cove. Sonoma County Water Agency, is provide additional protection for outside the proposed boundaries of the resources in the upwelling zone. Giacomini Wetland and Overlap With GFNMS and CBNMS expansion. Examples of regulations that provide National Park Service (NPS) Boundaries Response: NOAA confirms the new additional protection include Comment: NOAA should clarify the GFNMS boundaries are outside those of prohibitions on oil and gas exploration, extent of the overlap between sanctuary the Russian River Estuary Management discharges of harmful matter, and waters and the Giacomini Wetland, as Project. A map showing sanctuary altering the submerged lands. well as any jurisdictional conflict with boundaries is available for download in The analysis in the FEIS finds that the NPS. the ‘‘management section’’ on the none of the alternatives would result in Response: NOAA was not proposing a GFNMS Web site: http:// a significant adverse impact on any of change to the GFNMS boundary in farallones.noaa.gov/manage/expansion_ the marine resources or uses in the Tomales Bay. By mentioning the cbgf.html. existing CBNMS or GFNMS or Giacomini Wetland in the description of Comment: NOAA should add a expansion areas of the two sanctuaries. the sanctuary, the proposed rule coordinate between Points 37 and 38 to NOAA identified substantial benefits to generated some confusion regarding the further clarify the proposed boundary physical resources, biology and cultural

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and maritime heritage resources as a existing regulations would better allow for some submarine cable result of habitat qualities maintained or address and protect sanctuary resources activities or yet to be determined future improved, with negligible costs to in both the existing and expanded recreational and/or commercial uses. businesses in the commercial and sanctuary boundaries. After this rule is Response: NOAA is not aware of any recreational fishing industry. For a finalized, NOAA intends to carry out a upcoming proposals to lay cables summary of benefits, see FEIS Section separate public review process to through the sanctuary and believes the 4.11.2. address authorization authority and the establishment of such cable zones to be use of MPWC in the expansion area. premature. However, the maintenance Sanctuary Regulations Other potential changes to sanctuary of any existing cables would qualify for Existing Regulations Alternative regulations could be considered as well. a certification of pre-existing authorizations or rights in accordance Comment: NOAA should adopt the National Regulations Concern with national regulations at 15 CFR Existing Regulations alternative as the Comment: In their January 2013 922.47 and GFNMS regulations at 15 preferred alternative rather than the proposed national regulations, NOAA CFR 922.84. If new marine zones were proposed action, in order to be did not adequately describe the set of warranted for future commercial or consistent with bills proposed in the criteria by which NOAA would recreational activities, NOAA could past by then-Representative Lynn determine whether an authorization is then initiate a separate public process to Woolsey and Senator Barbara Boxer. granted for an activity otherwise consider those actions. Response: The administrative process prohibited in a national marine Restrict Vessel Speed to expand a national marine sanctuary sanctuary. under the authority of the National Response: As noted above, NOAA is Comment: NOAA should consider Marine Sanctuaries Act (NMSA) not including authorization authority in regulating vessel speed as the primary requires NOAA to examine current this final rule, but intends to consider means for reducing lethal vessel agency authorities and management it in a subsequent, separate action. collisions with whales and for reducing regimes and consider the results of Comments on NOAA’s January 2013, chronic exposure of whales to agency and tribal consultations, and rulemaking are outside the scope of this underwater engine and propeller noise. public input. When developing the DEIS proposed action. Response: NOAA is in the process of for the expansion proposals, NOAA investigating Dynamic Management determined that modifications to Other Regulations Areas (DMAs) as a way to address ship existing regulations would better Comment: NOAA should connect speed in the shipping lanes at the address and protect sanctuary resources sanctuary-specific regulations with approaches to . DMAs in both the existing and expanded regulations from other environmental were recommended in the CBNMS and sanctuary boundaries. NOAA believes statutes in order to more effectively GFNMS advisory councils’ joint the regulatory modifications are protect land, water and air. working group report, Vessel Strikes important in ensuring protection of Response: Several regulations for both and Acoustic Impacts. A first step is to marine resources and balancing uses GFNMS and CBNMS already include request voluntary speed restrictions for consistent with resource protection specific references to other resource vessels transiting shipping lanes at the within sanctuary waters. Furthermore, agencies, such as the discharge entrance of San Francisco Bay when modifications to existing regulations regulation (Environmental Protection there is a high concentration of whales. would bring consistency with Agency), the regulation prohibiting take NOAA began implementing this regulations in other national marine of certain species (NMFS), and the approach in 2014, by requesting vessels sanctuaries. Some modifications to introduced species regulation (State of to slow-down to ten knots or less in one existing regulations, such as removing California). Additionally, one of the of three lanes with the highest the exemption for constructing an oil mandates of the NMSA is to ‘‘develop concentration of whales at the approach and gas pipeline across GFNMS, and implement coordinated plans for to San Francisco Bay. NOAA has also received considerable public support. the protection and management of these begun implementing a whale sighting NOAA intends to conduct separate areas with appropriate Federal agencies, network along the west coast to help public review processes for those State and local governments, Native build a robust monitoring program. proposed actions that require more American tribes and organizations, Therefore, NOAA is not promulgating public deliberation, such as the [. . .]’’ (16 U.S.C. 1431(b)(7)). For this new regulations on vessel speed in inclusion of rivers and estuaries. final rule, NOAA consulted with a GFNMS or CBNMS at this time. For a NOAA’s final action meets the overall variety of agencies that share list of current actions to reduce risk of intent of the proposed legislation from jurisdiction over the resources in the ship strikes to whales conducted by former Representative Woolsey and waters of the national marine CBNMS, GFNMS, and other national Senator Boxer. sanctuaries (see Appendix F in FEIS). marine sanctuaries on the west coast see Separate Regulations Amendment These consultations were designed not the Web site http:// Process only to ensure seamless coordination sanctuaries.noaa.gov/protect/shipstrike/ among agencies, but also to explore research.html. Comment: NOAA should consider opportunities for further aligning agency any change to sanctuary regulations efforts to maximize the conservation Emergency Regulation of Activities through a separate process after the goals of the sanctuary expansion. NOAA Comment: In a separate regulatory geographic expansion becomes final, will continue to engage other agencies process NOAA should add a clause for particularly for the proposed through direct consultation and regulating an activity on an emergency authorization of certain prohibited participation on the sanctuary advisory basis for no more than 120 days in activities and the motorized personal councils. GFNMS. watercraft (MPWC) regulations. Response: The terms of designation Response: When developing the DEIS Recreational or Commercial Use Zones for GFNMS already allow NOAA to for the expansion proposals, NOAA Comment: NOAA should consider the adopt immediate temporary regulation, determined that modifications to development of marine zones in order to including prohibition, where necessary

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to protect sanctuary resources (Article 4, benefits would help offset impacts of important priority for NOAA. This final Section 3). To date, NOAA has not climate change on wildlife, the extent of rule extends to the expansion areas adopted an emergency regulation for the benefit is not currently quantifiable. sanctuary regulations that protect a GFNMS, but it has the authority to do Text has been added to the FEIS to note variety of species, biological so, should the need arise in the future. potential benefits related to offsetting communities, and habitats, including a CBNMS and MBNMS have this same climate change impacts on wildlife. prohibition on the take of marine authority. Comment: With the expansion of the mammals, birds and turtles except when sanctuaries, NOAA should conduct permitted under the Marine Mammal Harmful Matter Definition more research on climate change such Protection Act and Endangered Species Comment: NOAA should define as ocean acidification. Act. These two laws are implemented harmful matter, and add introduced Response: The management plans for by NMFS and USFWS. NOAA is also species (including non-native terrestrial both CBNMS and GFNMS contain designating low overflight prohibition species such as rodents) in that Conservation Science Action Plans, areas and cargo vessel restriction areas definition. which include goals to increase in the GFNMS expansion area to Response: Harmful matter and knowledge and understanding of the provide added protection for breeding introduced species are already defined sanctuaries’ ecosystem, develop new birds and breeding pinnipeds, as well as at 15 CFR 922.81 for GFNMS and and continue ongoing research and promulgating specific regulations to 922.111 for CBNMS. NOAA is monitoring programs to identify and protect white sharks. NOAA believes addressing matters related to introduced address specific resource management this management framework represents species in GFNMS in a separate issues, and encourage information a proactive approach to fulfilling the rulemaking. See comment below for exchange and cooperation. Both resource conservation mandate of the additional information regarding sanctuaries participated in development NMSA. introduced species. of the Ocean Acidification Action Plan Noise Introduced Species for national marine sanctuaries of the west coast. The plan has numerous Comment: NOAA should study the Comment: NOAA should not allow research recommendations for studying effects of noise on marine mammals and exotic species to be brought into the ocean acidification. The report is other animals, ensure that noise levels California marine environment via available at: http:// not found in nature do not stress marine aquaculture, and should ban offshore sanctuaries.noaa.gov/about/ mammals and other species, and finfish aquaculture. westcoast.html#oa. prohibit sonar testing if it exceeds safe Response: NOAA does not expressly levels. prohibit aquaculture in GFNMS or Biological Resources Response: NOAA is studying the issue of noise impacts on sanctuary resources. CBNMS. However, any proposed Abalone Protection aquaculture project in the sanctuaries NOAA has also responded to the may be subject to several existing Comment: NOAA and the California GFNMS advisory council regarding its prohibitions: Constructing on or altering Department of Fish and Wildlife recommendations about the joint the submerged lands; discharging any (CDFW) should work cooperatively to GFNMS and CBNMS advisory council matter or material; and introducing ensure adequate abalone protection. working group report, Vessel Strikes introduced species into the sanctuary Response: CDFW is the state agency and Acoustic Impacts. In addition, (see also response to comment responsible for managing abalone CBNMS and GFNMS management plans ‘‘Aquaculture’’ in the Fishing section). stocks. NOAA will continue partnering outline activities to monitor and address NOAA recently finalized a prohibition with the state on a range of resource noise in the GFNMS Wildlife on introduced species in the state’s protection issues in the GFNMS and Disturbance Action Plan and the waters of the GFNMS. With this final CBNMS expansion areas, including CBNMS Ecosystems Protection Action rule, NOAA extends that prohibition all protection of red abalone habitat and Plan. Sanctuary regulations prohibit the areas within GFNMS, with exceptions populations, as well as recovery of the disturbance of marine mammals, birds for shellfish aquaculture in Tomales Bay endangered black abalone. and turtles except when permitted and the catch and release of striped Endocrine Disruption under the Marine Mammal Protection bass. Act (MMPA) and Endangered Species Comment: NOAA and other Act (ESA). Air Quality and Climate Change institutions should address problems With respect to sonar testing, section related to endocrine disruption and Climate Change Benefits on Wildlife 304(d) of the NMSA provides for other pollutants. consultation with other federal agencies Comment: NOAA should better Response: The Water Quality Action if their actions have the likelihood to describe the proposed action’s potential Plan in the GFNMS management plan injure sanctuary resources. NOAA has benefits to wildlife from reducing the references threats from pharmaceuticals previously used this mechanism in effects of climate change. The proposed and other chemicals that can act as consultations to minimize impacts of expansion of the sanctuary could result endocrine disruptors and outlines noise on marine mammals and other in further habitat protection from activities to address this issue. species. NOAA believes these tools human disturbance, which could help Marine Life Protection provide a proactive approach to counter increased stress in wildlife due resource conservation and that an to climate change. Comment: NOAA should state explicit prohibition on sonar testing is Response: NOAA analyzes the unequivocally that wildlife must not be unwarranted at this time. beneficial effects of the GFNMS and disturbed and marine life should not be CBNMS regulations on biological taken. The expanded sanctuaries and Ship Strikes and Noise Impacts on resources in the FEIS (see Section 4.3.4), their wildlife should be protected Wildlife including positive direct and indirect forever. Comment: NOAA should implement impacts from prohibiting harmful Response: Wildlife protection within all recommendations from the CBNMS activities. Although it is likely these national marine sanctuaries is an and GFNMS advisory councils’ report

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Vessel Strikes and Acoustic Impacts. disturbance from low flying aircraft and Response: NOAA is not establishing Those recommendations will adequately transiting cargo vessels along the this type of closure with this final rule. address significant ship strike and sanctuary shoreline. However, sanctuary regulations include underwater acoustic impact concerns. Comment: NOAA should better prohibitions on taking or harassing Response: NOAA has reviewed Vessel articulate what would be regulated certain species of wildlife, including Strikes and Acoustic Impacts and has within SWPZs. marine mammals, sea turtles and birds already begun to implement some of the Response: 15 CFR 922.82 (prohibited (see 15 CFR 922.82) which help protect recommended actions to reduce impacts or otherwise regulated activities) all wildlife throughout GFNMS, not just on marine mammals. The revised describes the prohibitions and in specific zones. As stated above, the management plan for CBNMS exceptions for each SWPZ. The project State of California established ‘‘Special specifically lists as an activity to description (Section 3.2) in the FEIS has Closure’’ zones within GFNMS waters to implement the recommendations from been updated to better clarify the scope protect wildlife from watercraft, and this report, while the revised of the SWPZ definition and the which also support wildlife management plans for both sanctuaries prohibitions that use the SWPZ conservation. NOAA, in partnership have several general activities definition. Prohibitions that apply to the with the Seabird Protection Network, (monitoring, education and outreach, SWPZ are limited to GFNMS. will continue to collaborate with other collaborations) related to addressing the Comment: NOAA should clarify how agencies and organizations to monitor issue of ship strikes and noise on the sanctuary will coordinate with the human use and educate target audiences whales (also see previous responses to State of California on State Special (e.g. pilots, boaters and humans on foot) comment above). Current actions being Closures in regards to SWPZs to avoid about preventing human-caused impacts taken can be found in the document duplication of efforts and/or confusion. on marine wildlife. In addition, the ‘‘GFNMS Response to the Report’’ and Response: Prohibitions that apply to Resource Protection Action Plan within can be downloaded at: http:// SWPZs are limited to transiting cargo the GFNMS management plan has been farallones.noaa.gov/eco/vesselstrikes/ vessels, low flying aircraft, and modified to include additional activities welcome.html. All of these approaching white sharks. The to identify and address habitats that are recommended actions, originally regulations are not intended to address known to be ‘‘special areas of concern,’’ developed for the existing sanctuaries, disturbance from other human uses. The including developing a sanctuary policy apply in the expansion areas. State of California established Special on areas adjacent to NPS Wilderness Closures in the original GFNMS area Areas. Protect Assets Comment: In 15 CFR 922.82, when that prohibit access by watercraft in referring to the exception for SWPZ 6, Comment: NOAA needs to protect waters adjacent to designated seabird NOAA should make changes as follows: and preserve our human assets over breeding areas and marine mammal 1) ‘‘Authorized persons or supplies’’ extractive assets. breeding and haul-out sites. Therefore, should be defined and limited to the Response: Comment noted. Per the both types of special areas complement U.S. Fish and Wildlife Service, Farallon NMSA, NOAA regulates a number of each other for the purpose of marine extractive activities within national National Wildlife Refuge; 2) Authorized conservation by focusing on different law enforcement should be defined; and marine sanctuaries that have negative human uses. However, the special effects on sanctuary resources. At the 3) Search and rescue should be closures exist only under state law and excepted. same time, NOAA facilitates uses of the are not part of the GFNMS regulations. national marine sanctuaries compatible Response: NOAA has revised the final NOAA will continue to work closely rule to limit ‘‘authorized persons’’ to the with resource protection. As such, with the State of California to educate NOAA works to best conserve all the U.S. Fish and Wildlife Service, Farallon the public on wildlife disturbance National Wildlife Refuge. NOAA is not assets of the national marine sanctuary issues and focus outreach on preventing system. further defining authorized law human caused disturbance to wildlife. enforcement, because the current text Special Wildlife Protection Zones and Comment: NOAA should move under the enforcement section in the Associated Regulations forward with the removal of Areas of NMSA (Sec. 307 [16 U.S.C. 1437]) has Special Biological Significance (ASBS) Special Wildlife Protection Zone been effective in the past. There is an as a defined area within sanctuary existing exception to this regulation for (SWPZ) Definition and Scope of regulations. Regulations search and rescue in accordance with 15 Response: NOAA agrees. The final CFR 922.82(c), for activities necessary to Comment: NOAA should revise the rule includes removal of references to respond to an emergency threatening definition of SWPZs to clarify their ASBS and other area names for life, property, or the environment, intent. purposes of sanctuary regulations. State- consistent with regulations in many Response: NOAA has clarified in the designated ASBS will still exist under other national marine sanctuaries. final rule that SWPZs are located in state laws and regulations. NOAA is areas susceptible to human now designating SWPZs because it Mapping Zones disturbances, and that SWPZs do not believes they will be more easily Comment: NOAA should include in include pinniped and marine bird understood by sanctuary users. the FEIS better maps of the SWPZs; and resting and foraging areas. The Comment: NOAA should establish on- maps that depict other zones and state definition is purposefully limited to the-water, year-round or seasonal marine protected areas (MPAs). breeding pinnipeds rather than marine closures for vessels at Fish Rocks, Response: NOAA has developed a mammal hotspots, and, at this time, is Haven’s Neck, Gualala Pt., the Pt. Arena separate map of the proposed not intended to address other marine Peninsula, Bodega Rock, and Gull Rock boundaries of all area-based GFNMS mammals such as whales and dolphins. to reduce wildlife disturbance. NOAA and CBNMS regulations, including The definition has also been modified should also consider additional SWPZs, which is available for download from ‘‘seabirds’’ to ‘‘birds’’ to include all sanctuary protections to waters on the GFNMS Web site: http:// breeding birds (e.g. oyster catchers) that contiguous with the NPS Phillip Burton farallones.noaa.gov/manage/expansion_ may be susceptible to human Wilderness area. cbgf.html. NOAA does not regulate

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state-designated MPAs, and thus adding considers low overflight zones in in the expansion area. During the these zones to the map could create GFNMS would include a literature development of this rule, NOAA confusion about NOAA’s jurisdiction review of bird breeding areas adjacent to determined that pilots have several and the scope of this action, including sanctuary waters, and a review of data options if weather conditions are such the scope and definition of SWPZs. regarding impacts on birds from low that maintaining visual flight rules Therefore, the map shows only GFNMS overflights. cannot be achieved while avoiding the and CBNMS boundaries and minimum altitude, rather than violating Overflight Regulations: Minimum regulations. overflight regulations within the zones Altitudes the pilot could instead choose to do any Opposition to Special Wildlife Comment: NOAA should extend the of the following: (1) Avoid flying over Protection Zone 3 1,000 feet minimum altitude of sanctuary waters by flying inland; (2) fly Comment: NOAA should not expand overflight regulation areas to also instrument flight rules through the fog; SWPZ 3 into Tomales Bay. There is no include adjacent land areas. or (3) fly above the fog. With regards to possibility of cargo ships entering into Response: NOAA’s authority to safety, GFNMS regulations contain an Tomales Bay due to a lack of deep protect marine life by restricting exemption from the overflight water, and there is no documentation of overflights only applies to the waters of prohibition in the event of an low flying aircraft in the area within the sanctuaries, including waters emergency threatening life, property or that part of Tomales Bay; therefore this around islands and sea stacks within the environment. designation is unwarranted. specified zones of the sanctuaries. Response: SWPZ 3 does not extend Comment: NOAA should raise the Overflight Regulations: Drone Use for throughout Tomales Bay. The area minimum altitude for overflight the Purpose of Research contained within SWPZ 3 is already regulations. A 1,000 foot ceiling over the Comment: The use of solar powered part of a State Area of Special Biological waters would only be approximately drones and ultra-light aircraft for Significance (ASBS), and in 1981 NOAA 660 feet above the highest point of research purposes should be highly established additional federal Southeast Farallon Islands, for example. encouraged as it provides a quieter, regulations for ASBS in the sanctuary to Thus, the 1,000 foot overflight more environmentally friendly, and a protect breeding birds and pinnipeds in protection for wildlife ‘‘hotspots’’ is more economical alternative. the area from disturbance from low inadequate. In addition, the 1,000 foot Response: NOAA agrees that such flying aircraft and transiting cargo overflight limit is also inconsistent with technology can be useful, and is vessels. NOAA is changing the term other federal authorities, such as NPS working with other resource ASBS to SWPZs (see FEIS Section 3.2). (5,000 ft.) and FAA (2,000 ft.) management agencies to best protections, and the Olympic Coast understand the potential benefits and Overflight Regulations: Reconfigure National Marine Sanctuary’s overflight drawbacks of drones and other light Proposed SWPZ and Develop New regulations. aircraft in protected areas like national Zones Response: Monitoring data in central marine sanctuaries. GFNMS and Comment: NOAA should add California has shown that an overflight CBNMS regulations prohibit ‘‘take,’’ overflight regulations to protect height of 1,000 feet above ground level including operating a vessel or aircraft pinnipeds and marine birds in Tomales (AGL) has proven to be an adequate or doing any other act that results in the Bay, Pt. Resistance, Bodega Rock/Head, buffer in minimizing disturbance to disturbance of sea turtles, birds, and the spits at , Devil’s Slide breeding pinnipeds and birds within the marine mammals, and NOAA is now Rock and the shoals near the Farallones, jurisdiction of the sanctuary, by analyzing new information regarding harbor seal pupping areas South of Del reducing disturbance by 96%. NOAA the potential impacts of these machines Mar Landing State Marine Reserve area, considers this information, coming from on these species. NOAA may issue and Tidepool Beach, Shell Beach and the specific region where GFNMS is permits for research activities otherwise Green Cove at The Sea Ranch. located, most relevant to protecting the prohibited by sanctuary regulations, and Response: NOAA has updated the resources of the sanctuary. While NOAA researchers may apply to operate GFNMS management plan with an considered overflight management motorized aerial vehicles, including action requesting a GFNMS advisory practices in other national marine motorized ultra-light aircraft and council working group to assess the sanctuaries or other protected areas in ‘‘unmanned aerial systems’’ (drones) at need for additional low overflight zones the development of this regulation, it low altitudes, within the boundaries of throughout the entire sanctuary. believes that, other things being equal, SPWZs. Comments provided during this location-specific data is more relevant rulemaking process will be considered and should be given greater weight than Overflight Regulations: Private Airstrip in any future zoning actions taken by practices designed for different Located in Vicinity of SWPZ the sanctuary. The revised management ecosystems. Comment: NOAA should change the plan does not include a list of specific Comment: NOAA should not include overflight regulations in the vicinity of areas for future zoning, but NOAA overflight regulations in the expanded Point Arena, due to the location of the recognizes that areas surrounding The area, because the restrictions place private airstrip at 27711 South Hwy 1. Sea Ranch, Tomales Bay, and Devil’s pilots and passengers at risk with the It is necessary to fly over the ocean Slide Rock may be ‘‘special areas of fog and marginal weather in this area. under 1,000 feet during arrival and concern’’ within the revised boundaries Response: NOAA has determined that departure from this airstrip, which has of GFNMS. overflight regulations in the expanded been in use since 1970. Comment: NOAA should conduct a area are necessary to prevent Response: NOAA is not including an literature review regarding seabird disturbance to breeding birds and overflight zone next to Point Arena in protection and low overflights. pinnipeds. Therefore, the final rule its final regulations. The southernmost Response: NOAA used the best maintains the previously existing point of the private airstrip is available science in support of the low altitude restrictions within the existing approximately 5 nautical miles from the overflight prohibitions in the GFNMS sanctuary areas, and adds two new northernmost boundary of SWPZ 1, expansion area. Any future process that zones with the same altitude restrictions which is the nearest SWPZ to the

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airstrip. NOAA believes that the nautical mile of SWPZ 6 and 7 (the within the expansion area and has broad distance between SWPZ 1 and the North and Southeast Farallon Islands), federal enforcement authority. airstrip would not impact takeoff or because the waters around the Southeast Additionally, NOAA will continue to landing at this airstrip. Farallon Islands are where tourism and work with federal and state enforcement research vessels are most likely to be partners, both within the current Cargo Vessel Regulations: Expand the found, and therefore most likely to boundaries and in the expansion area, to Prohibition Regulations disturb feeding white sharks. Impact maintain water and aerial surveillance, Comment: NOAA should not remove analyses on creating additional white update patrol guides and regulatory the zone that excludes cargo vessels shark approach prohibition areas were handbooks, and conduct interpretive/ around Middle Farallon Island; NOAA not conducted as part of this outreach patrols. Based on these should create a new zone to include the rulemaking. However, the revised ongoing enforcement mechanisms, waters of CBNMS. This would benefit GFNMS management plan outlines a NOAA does not believe a gap analysis pelagic wildlife over Cordell Bank, process for GFNMS to minimize future is warranted. More information about Fanny Shoals, and the Shelf Break west user conflicts and provide special areas enforcement of NOAA regulations is of the Farallon Islands. It would also of protection for sensitive habitats, available at http://www.nmfs.noaa.gov/ encourage ships to operate away from living resources, and other unique ole/index.html. the Farallon Islands, reducing the risk of sanctuary features, such as SPWZs. See Comment: NOAA should clarify how strikes to whales in that area. comment below for more detail on this it assesses penalties on people engaging Response: The International Maritime process. in activities prohibited by sanctuary Organization amended the San regulations. Penalties for violations in Francisco Traffic Separation Scheme Process for Designating Additional Zones protected ocean areas should be severe. effective June 1, 2013 to route vessel Response: The NMSA establishes a traffic farther away from the Farallon Comment: NOAA should clearly limit on the maximum civil penalties Islands. Extending the western shipping describe the process by which it would that can be charged for violations of lanes to the southwest and the northern designate additional SWPZs within any sanctuary regulations and law, presently shipping lanes to the northwest has of the four national marine sanctuaries set at $140,000 per violation. The virtually eliminated the potential for on the California coast or make changes amount of any penalty is generally cargo vessels to transit the area between to the regulations that apply within determined by the nature of a violation Southeast and North Farallon Islands. those zones. and a variety of aggravating/mitigating Because the shipping lanes effectively Response: SWPZs are only being circumstances. NOAA attorneys prohibit cargo vessels near the Middle established in GFNMS. If NOAA generally scale proposed penalties to fit Island, there is no need to include a intended to designate additional the nature of a particular violation. sanctuary cargo vessel prohibition SWPZs, it would initiate a public NOAA’s Office of the General Counsel around this island and NOAA is process under the NMSA, NEPA and the considers the aggravating and mitigating removing it in this final rule. Because Administrative Procedure Act (APA), all circumstances and assesses penalties the purpose of the cargo vessel of which include opportunities for appropriately. NOAA’s policy for prohibition zones are to reduce the risk public review and comment as well as assessment of civil administrative of a collision with islands, and given the consultation with appropriate Federal, penalties and permit sanctions is Cordell Bank is deep enough state, and local agencies. available at: http://www.gc.noaa.gov/ underwater, NOAA does not believe it Enforcement and Penalties documents/Penalty%20Policy_FINAL_ is necessary to exclude cargo vessel 07012014_combo.pdf. operation in CBNMS. Comment: NOAA should have a Comment: NOAA should designate a strong enforcement element and Fishing adequate funding for more patrols by two-nautical mile buffer distance for Discharge Exemption cargo vessels around both the existing California Department of Fish and ASBSs and the proposed SWPZs within Wildlife (CDFW) and U.S. Coast Guard Comment: NOAA should clarify the GFNMS expansion area. (USCG). NOAA should perform a gap whether the routine practice of washing Response: In the final rule, NOAA analysis to identify increased ice and slime off the deck of a fishing designed the cargo vessel restriction enforcement needs so that management boat would be considered a prohibited boundaries to extend one-nautical mile of existing sanctuaries will not be discharge under NOAA’s proposed seaward of SWPZs. This effectively compromised, particularly in these regulations for graywater. translates into a two-nautical mile area times of uncertain federal funding. Response: Graywater is defined around designated biologically sensitive Response: Enforcement of sanctuary according to section 312 of the FWPCA areas. Therefore, NOAA has not regulations are handled principally by as ‘‘galley, bath and shower water.’’ This modified the action with respect to the NOAA’s Office for Law Enforcement definition does not include ice and size of the zones where cargo vessel (OLE), USCG, and respective state slime from deck wash. Further, NOAA operation is restricted. resource management agencies. regulations provides an exemption for Comment: NOAA should add white Although this expansion action does not clean vessel deck wash down (15 CFR shark protection by including Tomales include an automatic increase in 922.82(a)(2)(iii) and 15 CFR Point and Tomales Bay as additional enforcement funding, CDFW officers 922.112(a)(2)(i)(C)) and for fish, fish SWPZs that protect white sharks from work together with NOAA to conduct parts or bait (15 CFR 922.82(a)(2)(i) and close approaching vessels. patrols and investigate potential 15 CFR 922.112(a)(2)(i)(A)), with clean Response: The final rule prohibits violations throughout California. NOAA defined as not containing detectable attracting white sharks throughout all OLE and GFNMS currently provide levels of harmful matter. Therefore, the GFNMS waters, including Tomales funding for patrols of sanctuary waters routine practice of washing ice and Point, Tomales Bay, and the expansion to the CDFW through a joint slime off the deck of a fishing boat area. The prohibition on approaching enforcement agreement. In addition to conducting lawful fishing in the white sharks within 50 meters only the cooperative assistance by the state, sanctuary is not prohibited, provided it applies inside of and within one USCG conducts air and sea surveillance is during the conduct of lawful fishing

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activity and the material is otherwise Section 304(a)(5) [16 U.S.C. 1434]. Here, Response: The full definition of clean. NOAA is not promulgating any fishing harmful matter (15 CFR 922.81 and regulations or proposing to designate 922.111) states that any substance, or Fishery Regulations specific MPAs within the expanded combination of substances that because Comment: NOAA should clarify how sanctuaries. Promulgating regulations of their quantity and concentration, or the authorization authority interacts affecting all national marine sanctuaries physical, chemical, or infectious with the Pacific Fishery Management is beyond the scope of this rulemaking. characteristic may pose a threat to Council (PFMC) process in assessing Comment: Enforcement of the present Sanctuary resources or qualities, impacts on fishery management, set of discharge regulations would including but not limited to: fishing because of concerns for impacts on comprise a de facto fishing ban in nets, fishing line, hooks, fuel, oil, and fisheries or essential fish habitat (EFH). sanctuary waters, resulting from those contaminants (regardless of Response: NOAA has removed the requirements for holding tanks or MSD. quantity) listed pursuant to 42. U.S.C. authorization provision from the final Response: NOAA disagrees. 101(14) of the Comprehensive rule, but intends to address it through Enforcement of the discharge Environmental Response, a separate rulemaking process after this regulations in the footprint of the Compensation, and Liability Act at 40 expansion action is complete. (See original GFNMS and CBNMS has not CFR 302.4. The intent of including response to comments under comprised a de facto fishing ban. fishing nets, fishing line, hooks, fuel, ‘‘Authorization’’ heading.) oil, and other contaminants to the Comment: NOAA should ban all Fishing occurs routinely within these sanctuaries and is regulated by CDFW, definition of harmful is not to prohibit fishing and taking of wildlife, especially the loss of fishing gear incidental to of threatened or endangered species. the California Fish and Game Commission and NMFS in consultation fishing activity, but to restrict the loss NOAA should not allow long-line of fishing gear in concentrations that fishing or the type of fishing that may with PFMC. The aim of the discharge regulations is to improve water quality could pose a threat to sanctuary capture, harm or kill unintended marine resources, which could potentially wildlife. and ecosystem health; not to ban fishing within the sanctuaries. The discharge happen if a fishing vessel were Response: NOAA is not implementing grounded or deserted within a any fishing regulations as part of this regulations implemented by national marine sanctuaries affect the treatment sanctuary. Grounding or deserting a rulemaking. Fishing is regulated at fishing vessel with concentrations of GFNMS and CBNMS by CDFW, the of sewage and other materials associated with vessel operations, and may fishing gear that may pose a threat to California Fish and Game Commission, sanctuary resources is prohibited as and NMFS (in consultation with the therefore result in adverse impacts on the operations of a commercial fishing defined at 15 CFR 922.82(a)(15), which Pacific Fishery Management Council). states that leaving harmful matter Regarding long-line fishing, NMFS has vessel. However, current state and federal regulations already limit aboard a grounded or deserted vessel in implemented several regulations to the sanctuary is prohibited. NOAA is reduce bycatch of non-target species different types of vessel discharges into the waters of the expansion area. willing to discuss the interpretation of such as marine turtles, mammals and ‘‘harmful matter’’ with the fishing birds. Within NOAA, the Office of Therefore, the addition of sanctuary regulations only represents an community at a future date to determine National Marine Sanctuaries and NMFS the scope of the concern and potential work closely together and with CDFW to incremental increase in restrictions on vessel discharges. solutions. ensure that fishing activities within the Comment: NOAA should develop national marine sanctuaries do not pose Comment: Enforcement of the present language for the on-going discharge of a threat to any threatened or endangered set of regulations would comprise a de non-toxic gray water from commercial species. facto fishing ban in sanctuary waters, fishing vessels and recreational craft. Comment: NOAA or Congress should resulting from a prohibition on cleaning Response: With this final rule, NOAA clarify that sanctuaries do not regulate of fish as per the prohibition on exempts clean graywater from the fishing and that the Magnuson-Stevens discharges (15 CFR 922.82(a)(2)(i)). discharge regulations in GFNMS and Fishery Conservation and Management Response: NOAA disagrees. The CBNMS. Act (MSA) is the primary statute for any discharge regulation prohibits the fishing-related management issue, discharge into the sanctuary of material Fishing and Introduced Species including the creation of MPAs inside resulting from unlawful fishing or from Definition national marine sanctuaries. NOAA fishing outside the boundaries of the Comment: NOAA needs to clarify the should use regulatory and/or statutory sanctuary, including discharge of definition for introduced species, mechanisms at the national level, so material acquired outside the sanctuary because of concerns for how the current that it would apply to all national while transiting the sanctuary. definition may be applied to different marine sanctuaries. Regulations for both CBNMS and types of bait used by fishermen and Response: Both the NMSA and MSA GFNMS identify fish and fish parts, thereby restrict or prohibit fishing provide NOAA tools to regulate fishing including discharges of fish and fish within the Sanctuary. activities in national marine sanctuaries. parts from fish cleaning, as part of Response: The definition for NOAA and the relevant Regional lawful fishing activities, and therefore introduced species at 15 CFR 922.81 Fishery Management Councils examine exempt from the discharge regulation. and 922.111 states that an introduced the need for fishing regulations. Comment: Enforcement of the present species means any species or its Depending on the determination made, set of regulations would comprise a de biological matter capable of propagation NOAA may need to use the authorities facto fishing ban in sanctuary waters, that is non-native to the ecosystem of under either or both Acts as the most resulting from the definition of harmful the sanctuary. Bait of non-native fish appropriate regulatory approach to meet matter under 15 CFR 922.81, because carcasses or poultry parts are not the stated goals and objectives of a fishing activity in sanctuary waters capable of propagation or reproduction sanctuary. The process for establishing necessarily involves the risk of loss of and therefore are not within the fishing regulations in national marine fishing tackle, including sinkers, hooks, definition of introduced species. sanctuaries is codified in the NMSA at and line. Consequently, using species (or

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biological matters of species) not native is not explicitly prohibited by GFNMS permit to test an alternative energy to the ecosystem and not capable of regulations, it would be subject to these project within state waters of GFNMS propagation as bait while conducting other associated prohibitions. and the project fit into a sanctuary lawful fishing is not subject to the Comment: The DEIS does not permit category, GFNMS would conduct sanctuaries’ regulations related to comment on potential negative effects of a planning exercise on the scale of the introduced species. future aquaculture operations on areas sanctuary to determine how to best of special designation like Essential Fish minimize impacts on existing uses Fishery Management Habitat (EFH), marine protected areas (including fishing) and sanctuary Comment: NOAA should create a (MPAs), etc.; the DEIS provides no natural resources. blanket law regulating all of the analysis of how these operations might nationally recognized fisheries affect fisheries and marine ecosystems, Whale Entanglement controlled by the United States. including cumulative effects. Comment: NOAA could help in Response: The MSA is implemented Response: The purpose of the EIS is efforts to have fishing gear modified to by NMFS within NOAA and the to assess impacts of the proposed action, reduce entanglements with whales, Regional Fishery Management Councils. which is sanctuary expansion and particularly from pots and gear from Most fisheries that solely occur within adoption of proposed regulations. The Bodega Bay north. the limits of state waters are managed by final action does not propose future Response: NMFS has lead authority the respective state fishery management aquaculture operations. There are for implementing the MMPA and ESA agency. Promulgating regulations numerous future activities that could for whale species, and is therefore also affecting all fisheries in the United impact sanctuary resources, each of the lead NOAA agency for whale States is beyond the scope of this which would be subject to review and entanglements. ONMS will continue to rulemaking. approval from state and federal consult with NMFS, CDFW and the Comment: NOAA should regulate agencies, including NOAA. At that time, California Fish and Game Commission fishing to sustainable or healthy levels impacts of a proposed activity would be on matters of whale entanglement. and provide adequate funding for assessed through the NEPA or California Historic Resources enforcement of regulations. Environmental Quality Act process Response: NOAA is not implementing depending on if it is a local, state or Point Arena Pier Wrecks any fishing regulations as part of this federal action. The rulemaking about Comment: There are at least two rulemaking. Almost all of the introduced species is prohibiting shipwrecks in the waters adjacent to the regulations regarding fishing off of aquaculture that uses introduced Point Arena pier; while there may be California are promulgated by NMFS species from all state waters except interest in preserving the shipwreck and the State of California. The Tomales Bay. sites, it is equally important that any regulations are enforced by NOAA OLE preservation effort not interfere with the and CDFW officers with assistance from Fishing Grounds Impacts From Alternative Energy Development uses of the pier. partners, such as USCG and California Response: NOAA is no longer State Parks with funding appropriated Comment: NOAA should clarify how including waters adjacent to the Point by Congress and the California currently productive fishing grounds Arena pier in the expansion of GFNMS Legislature. As components of NOAA, may be impacted by non-mineral energy (see response to comment regarding ONMS and NMFS work closely together development. Arena Cove boundary). Management of and with CDFW to ensure that fishing Response: NOAA assumes the cultural and maritime heritage resources activities within national marine reference to non-mineral energy outside sanctuary boundaries will sanctuaries support healthy and development refers to alternative energy continue under the existing regulatory sustainable fish populations and do not development (for example wind or framework summarized in the Cultural pose a threat to any threatened or marine hydrokinetic energy). Energy and Maritime Heritage Resources endangered species. development and its effects on fishing section of the FEIS. are outside the scope of this action. Aquaculture Comment: NOAA should support a Salvage of Historic Resources Comment: NOAA should prohibit comprehensive marine spatial planning Comment: NOAA should allow the offshore aquaculture in the sanctuary effort to analyze uses, including fishing salvage of historic resources. and clarify whether future new and habitat conservation, as they relate Response: The NMSA directs NOAA aquaculture projects in sanctuary waters to alternative energy production. to enhance the protection of historical, would be geographically restricted to Response: NOAA collaborates with cultural, and archaeological resources. Tomales Bay, or would be allowed in all the Bureau of Ocean Energy Therefore, CBNMS and GFNMS sanctuary waters of GFNMS. Management (BOEM), Department of regulations prohibit possessing, moving, Response: While GFNMS regulations Energy, Federal Energy Regulatory or injuring, or attempting to possess, do not prohibit aquaculture operations, Commission, and other agencies, as part move, remove or injure, a sanctuary the activities typically associated with of the West Coast Governors Alliance historical resource. However, through a aquaculture, such as disturbance of (WCGA) on Ocean Health. For any sanctuary permit, salvage of historic submerged lands (anchoring pens and future alternative energy projects along resources may be allowed to further structures), introduction of introduced the west coast, NOAA will work research or monitoring, further the species, or discharges (food, medicine) through any of the strategies developed educational value of the sanctuary, or are prohibited within the sanctuary. (It by the WCGA. Moreover, it would not assist in managing the sanctuary. should be noted, per NOAA’s recent be appropriate for national marine rulemaking on the introduction of sanctuaries to lead a marine spatial Marine Transportation—Shipping Lanes introduced species, existing state- planning effort for the State of Comment: NOAA should certify that approved aquaculture projects in California, given BOEM cannot issue a the shipping lanes are an existing use Tomales Bay are exempt from the lease for alternative energy projects within the GFNMS and CBNMS and introduced species prohibition.) Thus, within national marine sanctuaries. shall not be terminated by the ONMS whereas any future offshore aquaculture However, if an applicant requested a Director.

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Response: Certification applies to responsible for ensuring national expansion area that would be likely to holders of an existing permit or other security are in the best position to injure sanctuary resources. Therefore, authorization or right to conduct an determine which actions are necessary NOAA believes the existing regulatory otherwise prohibited activity in the for national defense. Lastly, the Navy framework sufficiently addresses DOD expansion area. The shipping lanes are cites an inconsistency in the summary impacts on sanctuary resources and neither in the sanctuary expansion area of regulatory amendments and proposed excluding military activities from the nor a prohibited activity in CBNMS and regulatory text. The summary of expansion area is not warranted. GFNMS and therefore do not require a regulatory amendments implies that Motorized Personal Watercraft (MPWC) certification as an existing use. existing language from CBNMS regulations would be applied to the Use Military Uses GFNMS exemption for DOD activities, Support for Conditional MPWC Use DOD Consultation but the regulatory text does not reflect such a change. Comment: NOAA should move Comment: NOAA should develop a Response: NOAA acknowledges that forward with alternative approaches to formal consultation process between there is an inconsistency in the regulating MPWCs that would allow ONMS and DOD to assure minimization summary of regulatory amendments and some MPWC use in the proposed of impacts on sanctuary resources. This proposed regulations in the preamble to expansion area. process should include PFMC and the proposed rule. In response, NOAA Response: Due to the range of NMFS notification so that impacts on has modified the preamble to clarify comments in support of, in opposition EFH in the sanctuaries can be that the proposed rule for this to and suggesting changes to MPWC minimized. rulemaking did not include any regulations, NOAA removed from the Response: NOAA disagrees that a new amendments to the current GFNMS final rule the MPWC use zones in the consultation process with DOD is DOD exemption. GFNMS expansion area (see Figure 3.2– necessary. The extent of DOD activities NOAA recognizes that the DOD 17 in the FEIS). The proposed access not included in the existing exemptions exemption differs between CBNMS and route to Zone 4 was removed from the from CBNMS and GFNMS regulations GFNMS because ‘‘routine exercises and final rule and the area where MPWC are would be determined in consultation vessel operations’’ are not exempted in prohibited was extended slightly with ONMS pursuant to section 304(d) CBNMS regulations as they are in northward through establishing a line of of the National Marine Sanctuaries Act GFNMS regulations. NOAA believes latitude that corresponds with the (NMSA), which contains formal that the issue of consistency in the southernmost tip of Bodega Head. This procedures for required interagency language for DOD exemptions across the specific line was established to aid consultation on federal actions that are national marine sanctuary system is navigation and enforcement of the likely to injure sanctuary resources. broader in scope than this rulemaking, regulation. DOD would be required to follow all which focuses on the expansion of MPWC use is allowed to continue consultation requirements contained in CBNMS and GFNMS, and that the issue within the GFNMS expansion area north the NEPA and NMSA, among other is more appropriately addressed of Bodega Head, (excluding Bodega Bay statutes. The DOD would be required to separately. Therefore, NOAA will due to existing laws and regulations) consult directly with NMFS for any continue for the time being to make no until NOAA can implement a separate projects that may have an adverse changes to the existing DOD exemptions process to evaluate the feasibility of impact on EFH, whether the EFH is in CBNMS and GFNMS as they have managing MPWC within the expansion within a national marine sanctuary or been in the regulations since 1989 and area. Further consideration of MPWC not. 1981 respectively. NOAA, however, use patterns and activities, and public DOD Exemption commits to undertaking a separate input on the scope of sanctuary process to consider additional regulations are needed. MPWC use will Comment: The Navy opposes the amendments to the regulations continue to be prohibited in the original provision in the proposed rule that governing military exemptions from GFNMS boundaries, with exceptions for would maintain an existing exemption prohibitions on a system-wide basis emergency search and rescue missions from the prohibitions in the CBNMS across all national marine sanctuaries, or law enforcement operations. MPWC regulations that provides that in consultation with DOD and the will continue to be allowed in CBNMS. Department of Defense activities not Department of Homeland Security Additional information regarding necessary for national defense, such as concerning the Coast Guard. routine exercises and vessel operations, Comment: NOAA should exclude all impacts of MPWC use is in Section 3.2 would be subject to all prohibitions activities by the DOD, such as the use of the FEIS. contained in the regulations. 15 CFR of sonar, which can affect marine Comment: NOAA should avoid any 922.112(c). Navy proposes instead that mammals, in the expansion area since it overlap of the proposed zones for CBNMS adopt the regulatory provision is such a special place. MPWC use with California-designated regarding exemption for Department of Response: Existing military uses and MPAs. Defense (DOD) activities to the existing an analysis of their environmental Response: See response above. The prohibitions set out in GFNMS effects in the study area are contained regulations that apply to State marine regulations that states that all activities in Section 4.9 of the FEIS. Homeland protected areas (such as Marine currently carried out by Department of security and military uses of the Reserves, Marine Parks and Marine Defense within the sanctuary are expanded CBNMS and GFNMS are Conservation Areas) from Bodega Head essential for national defense and subject to NEPA and the NMSA, and to Point Arena prohibit the take of therefore, not subject to the prohibitions they are also subject to all applicable marine resources. Some of those MPAs contained in the regulations in this federal regulations and requirements allow take of certain species, while subpart. 15 CFR 922.82(b). Further, the related to the environment. DOD is others prohibit all take, but none Navy objects to any amendments to the required to consult with ONMS prohibit any types of vessel use and are current GFNMS DOD exemption and pursuant to NMSA section 304(d) on not designed to protect wildlife from suggests that the agencies that are any proposed military activities in the boat-based disturbance.

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Total Allowance (i.e. No Regulation) of discussion about potential Response: All regulations are subject MPWC socioeconomic mitigation measures is to enforcement. See response to Comment: NOAA should allow premature. comment on ‘‘Support for Conditional MPWC Use.’’ MPWC use throughout the entire MPWC Education and Outreach expansion area, including CBNMS, and/ Comment: NOAA should promote MPWC Use Liability or GFNMS. The DEIS did not provide voluntary programs (similar to the Blue Comment: Within the DEIS, NOAA adequate rationale for the purpose and Rider Ocean Awareness and neglected to consider the chain of need to regulate MPWC and potential Stewardship Program in the Florida liability incurred from proposed MPWC impacts from MPWC have not been Keys National Marine Sanctuary shown to be significant and/or are no (FKNMS)) to educate the public on launch points in the event of injuries or different than other types of vessels. responsible MPWC use as an alternative fatalities resulting from public use of Response: See response to the to implementing additional regulations these launch locations. comment on ‘‘Support for Conditional and restrictions. Response: All launch points MPWC Use.’’ Response: NOAA recognizes the discussed in the EIS currently exist and Prohibition of MPWC importance of education and outreach to are open to multiple ocean user groups. MPWC users as a complement to MPWC NOAA is not constructing any launch Comment: NOAA should prohibit regulations. GFNMS has updated the points as part of the final action. MPWC use throughout the entire Wildlife Disturbance Action Plan in its Furthermore, NOAA is not liable for GFNMS sanctuary (both the previous revised management plan to include injuries or fatalities resulting from boundaries and the entire expansion outreach to MPWC users. public use of sanctuary waters. area) as it creates a risk of wildlife disturbance and is a use that is MPWC Enforcement MPWC Rulemaking Process incompatible with sanctuary resources Comment: NOAA does not have the Comment: The proposed MPWC and values. Moreover, the use of MPWC authority to require MPWC users to could adversely affect the public’s carry a GPS unit and to enforce this zones appear to have been developed by experience of such a pristine coastal requirement. NOAA in a closed process that did not area and is already prohibited in Response: As a tool for compliance inform or involve the sanctuary GFNMS. with zonal regulations, NOAA has the advisory councils or include Response: See response to the authority to require such specific representative coastal residents that comment on ‘‘Support for Conditional equipment on vessels and watercraft in could have provided local knowledge MPWC Use.’’ order for MPWC users to accurately and on wildlife populations; the only input precisely navigate to access and stay on zones came from special interests Socioeconomic Impacts of Regulating seeking to maintain MPWC activity. MPWC within the designated zones. However, NOAA is not moving forward with Response: NOAA complied with the Comment: NOAA should better regulation of MPWC in the expansion public noticing requirements as address socioeconomic impacts on the area at this time. See response to specified by the NEPA and APA during MPWC industry, local economy, comment on ‘‘Support for Conditional this rulemaking process, including including loss of recreational MPWC Use.’’ providing a public scoping period at the opportunities. Comment: The opening of an access beginning of the process, which is when Response: Socioeconomic channel for the proposed Zone 4 creates NOAA started gathering information on considerations are fully addressed in the additional enforcement challenges. the use of MPWC in the expansion area. EIS for both the former proposed action NOAA should implement a permit Due to the range of comments in (which would have prohibited MPWC program for surfer safety and lawful support of, in opposition to and use in most of the proposed expansion fishing to allow for limited MPWC use suggesting changes to MPWC area but allowed MPWC use in within the GFNMS expansion area using regulations, NOAA removed from the designated zones) and for the existing visual and permitted identification (e.g. final rule the MPWC use zones in the regulations alternative, which would stickers). expansion area and is prohibiting the prohibit MPWC use throughout the Response: At this time, NOAA use of MPWC in the original GFNMS expansion area. The EIS found that with removed the zones and the proposed boundary and up to the southernmost MPWC restrictions wildlife protection access channel to Zone 4 from the final tip of Bodega Head. would be improved, and given the rule, and thus permitting for certain relatively low level of existing MPWC uses is not applicable. MPWC use will MPWC Definition use within the GFNMS expansion area, continue to be allowed throughout the impact on MPWC users was almost all of the GFNMS expansion Comment: A wide range of comments expected to be less than significant. area. A permitting program for MPWC suggested various changes to the As explained above, NOAA has use could be evaluated in the future definition of MPWCs, including using revised the final rule (see response to assessment and potential regulatory the definitions from the USCG and comment under ‘‘Support for framework of MPWC use in the GFNMS Society of Automotive Engineers. Conditional MPWC Use.’’) expansion area. Response: NOAA removed all Comment: NOAA should compensate Comment: NOAA should extend the proposed changes to the GFNMS MPWC owners for taxes and registration existing GFNMS regulation prohibiting definition of MPWC. This maintains the costs paid on their watercraft if a ban is MPWC use to apply to the expansion status quo with respect to regulation of enacted within the expansion area. area (as well as the previous boundaries MPWC in the previously-existing Response: Since NOAA is not of the sanctuary) but temporarily not GFNMS. NOAA is considering potential regulating MPWC use in the expansion enforce this regulation in the expansion changes to the definition of MPWC as area, other than the slight extension of area until the working group concludes part of a separate national rulemaking original GFNMS regulations to the its work and NOAA implements revised process (78 FR 5998), which is still southernmost tip of Bodega Head, MPWC rules in the expansion area. underway.

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MPWC Use and Potential Impacts on the Response: NOAA believes it has fully them to present their testimony first. In Affected Environment complied with NEPA requirements and this way, members of the public have regulations promulgated by the Council the opportunity to state their support or Comment: NOAA should investigate on Environmental Quality (40 CFR opposition to comments made by the technology and design and different 1506.6(c)). The location of public elected officials and provide additional methods of operation of MPWC in the hearings is not specified as part of the rationale for consideration. marine environment, because the 4- requirements. Public hearings were held stroke engines contained in modern in Sausalito (May 22), Bodega Bay (June National Marine Sanctuaries Act MPWC are less polluting, more fuel 19), Gualala (June 18), and Point Arena Comment: Congress should re- efficient, and quieter than earlier MPWC (June 17), CA. Sausalito, where one of authorize the NMSA to make clear the models. the public hearings was held, is in close mandate of multiple use and the need Response: NOAA acknowledges the proximity to the southern portion of to balance this mandate with resource changes in MPWC technology, but GFNMS. Furthermore, public comment protection. continues to have concerns with MPWC could also have been submitted via Response: Reauthorization and the use. See response to comment on letter to the GFNMS superintendent or ability to make changes to the NMSA ‘‘Support for Conditional MPWC Use.’’ via electronic submission via the are within the authority of Congress, not Comment: MPWC are not more Federal e-Rulemaking Portal. NOAA NOAA or other executive branch detrimental to the environment than considered comments in the same agencies. NOAA believes the purposes other vessel types that are allowed in manner, regardless of means of delivery. and policies of the NMSA are clear; the sanctuary, therefore regulating Also, see response to comments on among other things, they direct NOAA MPWC more strictly than other vessels, ‘‘Authorizations.’’ to ‘‘facilitate to the extent compatible such as fishing vessels and rescue Commenting Through Regulations.gov with the primary objective of resource vessels, constitutes unfair protection, all public and private uses of discrimination against one particular Comment: NOAA should make it less the resources of these marine areas not user group. confusing to which document the prohibited pursuant to other Response: See response to comment comment should be directed. authorities’’ (16 U.S.C. 1431(b)(6)). on ‘‘Support for Conditional MPWC Response: NOAA sought comment on Comment: The expansion of Use.’’ four different documents: the proposed sanctuaries should be done through an Comment: NOAA should better assess rule, which contains the action NOAA act of Congress. This would provide the potential impacts of MPWC sound proposed, supplementary information in adequate public forum to debate the on wildlife, including thresholds for the DEIS, and the draft CBNMS and expansion. noise impacts that can induce a ‘‘take’’ GFNMS management plans. NOAA Response: The designation of new of marine mammals and seabirds under acknowledges that some comments national marine sanctuaries as well as the MMPA. In addition, NOAA should could apply to more than one of the the expansion of existing sanctuaries analyze current uses and future trends documents. NOAA received all the can be achieved congressionally or in demand for MPWC use within the comments, then evaluated if changes administratively by NOAA under the expansion area, especially MPWC use were necessary to support the proposed authority of the NMSA. In order to patterns in the proposed expansion area action, and if so, which document(s) expand the sanctuary, NOAA needs to and proposed MPWC use zones in would need to be changed. The comply with public notice and relation to wildlife hotspots. Regulations.gov Web site is set up to comment requirements of the NMSA, Response: Further review of all serve all federal government agencies, NEPA, and APA, which provide for available information pertaining to and is administered by USEPA; NOAA extensive public involvement during the MPWC use and their potential effects does not have the flexibility to alter this developmental phases of a proposed could be beneficial during a future interface for public comment. action, such as sanctuary expansion. public process evaluating the feasibility Public Hearings Testimony Comment: NOAA should explain why of regulating MPWC use in the expansions do not violate Congressional Comment: At future hearings, NOAA expansion area. intent found in the NMSA. should not say that repeating comments Comment: NOAA should work with Response: In 2000, Congress amended is not necessary because it implies that stakeholders to justify the MPWC zones the NMSA by requiring certain findings people’s comments are unimportant. in MBNMS and their definition. be made by the agency before Also elected officials should not be Response: Although the information designating a new sanctuary (16 U.S.C. prioritized. provided by the commenter may be Response: NOAA regrets if it created 1434 (f)(1)). This particular requirement useful to consider in any subsequent the impression that comments are not does not apply to this action because process that evaluates the potential important during the public hearings. NOAA is expanding the boundaries of regulation of MPWC use, this comment As required by law, NOAA reviews the existing sanctuaries, not designating is outside the scope of the proposed substance of every comment received on new national marine sanctuaries. action. a proposed action. The intent of the Oil, Gas, Alternative Energy and Mining NEPA Process directions provided at the public Development hearings was to acknowledge that NEPA Compliance NOAA focuses on the quality, rather Alternative Energy Development Comment: NOAA has violated the than quantity, of the comments. This Concerns processes required by NEPA. Proposed means that NOAA bases its decision on Comment: NOAA should define the authorizations would be allowed in the the merit of the comments raised, not process, policy and standards for existing CBNMS and GFNMS. Over half just on the number of comments approval of alternative energy projects, of the existing GFNMS lies south of received on a particular topic. Regarding given the new proposed authorization Sausalito, yet there have been no priority for elected officials, it is provisions. hearings held south of the Golden Gate standard practice by many agencies to Response: As explained above, the Bridge. acknowledge public officials and allow final rule no longer includes provisions

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for authorizations. Alternative energy public process, NOAA may consider Oil and Gas Development Support projects would be subject to sanctuary authorizations for alternative energy Comment: NOAA should adopt regulations, such as the restrictions development. balanced policies that support against altering the submerged lands Methane Hydrates affordable, reliable oil and gas and discharges or deposits. Projects that development. BOEM estimates 700 would otherwise be in violation of the Comment: NOAA should clarify that million barrels of oil and 700 billion regulations could be allowed if they the oil, gas and mineral leasing cubic feet of natural gas located in qualified for a sanctuary permit. prohibition precludes leasing, federal waters would be precluded by Comment: NOAA should prohibit development or production of methane the expansion. alternative energy development, hydrates. Response: One of NOAA’s mandates especially development that would Response: Since methane hydrates are is to ‘‘facilitate to the extent compatible disturb the sea floor. with the primary objective of resource Response: See response to comment a form of gas, they are subject to the protection, all public and private uses of above. Development that would alter the prohibition against gas development or the resources [. . .]’’ (16 U.S.C. submerged lands is prohibited, unless production contained in the sanctuary allowed by permit. regulations. 1431(b)(6)). Oil and gas development in the marine environment has historically Comment: The DEIS indicates that Oil and Gas Development Threats there would be environmental posed significant risks to marine consequences under the proposed Comment: NOAA should clarify what resources, as evidenced by the action, as oil and gas development threat exists for oil and gas magnitude of the impacts of some would be prohibited, but NOAA should development, since regulatory offshore oil spills. Therefore, NOAA has also include a discussion of the protections are not necessarily usually excluded traditional energy potential for energy project permanent. exploration and production in our development and its potential effect on Response: Given the demand for oil nation’s national marine sanctuaries. wildlife. and gas products, there is the potential Mining Response: The purpose of the impact for increased pressure to develop Comment: NOAA should prohibit analysis is to disclose potential impacts resources that have been identified mining operations in the expansion caused by the proposed action and other offshore . The final area. alternatives. The FEIS addresses rule prohibits oil and gas development Response: Mineral development is beneficial effects of the regulations on and does not have any exceptions for oil prohibited, as stated in the sanctuary biological resources, as compared to and gas facilities. In addition, no permit regulations that prohibit exploration for existing conditions. NOAA is not may be issued for oil and gas minerals. proposing to undertake or to issue a development in the sanctuaries. The permit for energy development with this existing exemption for oil and gas Sanctuary Management and rule. Accordingly, the FEIS does not pipelines in GFNMS has been deleted in Administration analyze the impacts of energy projects the final rule. Once in effect, reversal of Collaboration on wildlife. The impacts of prohibiting the oil and gas prohibition would oil and gas development are outlined in require an act of Congress or NOAA Comment: NOAA should collaborate this section because the regulations would need to commence a rulemaking with government and non-governmental prohibit all oil and gas development. In and NEPA process to amend the organizations on monitoring wildlife, contrast, alternative energy regulation that prohibits oil and gas education, citizen science, outreach, development is not being specifically development. and advancing ecosystem protection prohibited nor being proposed. The and marine conservation initiatives and potential for future energy project Oil and Gas Development Prohibition programs. development is not known at this time. Comment: NOAA should adopt the Response: NOAA welcomes the As noted in the EIS, no lease requests strongest oil and gas prohibitions. opportunity to collaborate with have been received by BOEM for organizations to build community Response: The final rule includes a partnerships for education, outreach, alternative energy projects in the complete prohibition against oil and gas expansion area or anywhere in research, monitoring, and resource development. No permit may be issued protection. The Stewards of the Coast California. Any future alternative energy for oil and gas development in the project would be subject to the NEPA and Redwoods, Bureau of Land sanctuaries. Furthermore, it does not Management’s (BLM) California Coastal process if NOAA or another agency is include an exemption for oil and gas involved in the establishment or National Monument, as well as other pipelines in GFNMS, or any mechanism local government and non-governmental permitting of an alternative energy to issue a permit for a future proposal. project. organizations are listed as potential Oil Transportation partners in the revised GFNMS Alternative Energy Support management plan. For example, NOAA Comment: Alternative energy Comment: NOAA should revise values the partnership with BLM and development should be allowed, if it sanctuary regulation § 922.82(a)(1) to looks forward to continuing and were environmentally prudent to do so. also prohibit the transportation of oil, strengthening this partnership in the Response: The revised regulations do gas or minerals via pipeline and remove expansion area through national and not specifically prohibit alternative the existing pipeline exemption. local initiatives, such as reducing and energy projects but, as noted above, Response: The final rule includes mitigating wildlife disturbance along projects are subject to sanctuary deletion of the existing pipeline the California coast through the Seabird regulations. NOAA intends to conduct a exemption; therefore, the suggested Protection Network. separate rulemaking process to consider revision to GFNMS regulation 15 CFR establishing a process to allow each 922.82 is not necessary. There would be Coordinated Management sanctuary to authorize other Federal or no mechanism to allow oil and gas Comment: NOAA staff should meet state permits. During this separate pipelines. with the California State Lands

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Commission (CSLC) to determine the developing recommendations for are designed to minimize or eliminate location and terms of CSLC leases in the consideration by the full sanctuary impacts on sanctuary resources, and proposed sanctuary in order to analyze advisory councils. may also be designed to minimize user how the leases would be affected by the conflict. Various findings must also be Funding proposed rule. CSLC suggests GFNMS met in order to issue a sanctuary permit, enter into a Memorandum of Comment: NOAA should clarify how which can be issued for education, Understanding (MOU) with the funds will be used to manage the research, salvage (for GFNMS), and Commission on existing and future expanded sanctuary area, given the management. NOAA can also issue CSLC leases. current uncertainties of federal funding special use permits (SUP) to promote Response: NOAA will continue for programs. The resources required to public access and use, and coordination with the CSLC and other manage this large and new area could understanding of a sanctuary resource, agencies to ensure compatibility to the detract from the protection of existing when the superintendent can determine maximum extent practicable. NOAA resources in already designated the activity will have no effect on would certify existing CSLC leases in sanctuaries. sanctuary resources. accordance with 15 CFR 922.47 and 15 Response: Once the regulations are in CFR 922.84. NOAA will also work with effect, prohibitions and environmental Sanctuary Advisory Councils the CSLC on potential future leases, and protections, such as the prohibition on Comment: The current sanctuary mechanisms for potentially allowing oil and gas development, will be advisory councils should be expanded those uses in the sanctuary, including immediate and would entail virtually no to include additional representatives MOUs. cost to the sanctuary. NOAA recognizes from the geographic area of the resource limitations may limit or delay GFNMS Collaboration expanded sanctuary boundary. implementation of some of the activities Response: NOAA recognizes the need Comment: NOAA should work in a in the management plans. NOAA will to potentially adjust the composition of collaborative manner to achieve the continue to evaluate future resource the GFNMS advisory council and has goals of the Point Reyes-Farallon Islands needs of all sanctuaries in its revised the GFNMS management plan to Marine Sanctuary as listed in its original formulation of annual budget requests. reflect this need. NOAA will consider DEIS. The current process did not In addition, the sanctuaries will work to the addition of seats to the sanctuary achieve those goals. build community partnerships in the advisory council after the expansion Response: The comment refers to text expansion area to develop collaborative becomes final. NOAA is not considering in Volume One of the FEIS on the programs for education, outreach, the addition of seats to the CBNMS Proposed Point Reyes-Farallon Island research and monitoring, resource advisory council, as the expanded Marine Sanctuary (the original name of protection, and enforcement. boundary of CBNMS would not add GFNMS), issued in 1980. NOAA new constituencies not already manages GFNMS under the statutory Monitoring represented on the CBNMS advisory authority of the NMSA. To meet its Comment: NOAA should clarify how council. management responsibilities, NOAA it will monitor the protection of Comment: NOAA should consider implements the GFNMS management upwelling waters. using a sanctuary advisory council plan and develops regulations Response: GFNMS, CBNMS and working group process to further consistent with the terms of designation. MBNMS share an action plan in their investigate and make recommendations The framework for expanding the respective management plans that is on how to address controversial items sanctuary was laid out in the 2008 focused on monitoring the health of the identified during the public comment GFNMS management plan, which is in ecosystem through offshore period. line with activities NOAA stated it oceanographic and wildlife surveys. The would aim to achieve after initial action plan also describes how GFNMS Response: NOAA has included this sanctuary designation. and CBNMS will develop plans to recommendation in the final GFNMS extend monitoring efforts into the management plan. NOAA will propose Governance Structure proposed expansion area to monitor the to the sanctuary advisory council the Comment: NOAA should allow for full extent of the upwelling area. establishment of working groups to significant local oversight in sanctuary Monitoring would help identify changes address issues such as authorization governance. over time as well as potential problems authority, MPWC regulations, and Response: National marine that need to be addressed through additional low overflight prohibition sanctuaries have sanctuary advisory management actions, enforcement and/ zones as well as the configuration of councils composed of voting and non- or education. those zones and the inclusion of voting members that represent a variety estuaries in the GFNMS. The CBNMS of government agencies, local user Permits advisory council decided to delay groups, and the general public. Comment: NOAA should not grant consideration of such a working group Sanctuary advisory councils are very any kind of permits to allow otherwise until after NOAA made a final decision inclusive of local communities and prohibited activities (including special about the expansion of CBNMS. stakeholders. The meetings have event privileges) because it is contrary Comment: NOAA should consider agendas set by the advisory council to the intended protection of sanctuary using a sanctuary advisory working members, are hosted throughout the resources. group to examine how existing uses in year in local communities, and always Response: NOAA has the authority to Arena Cove could continue. have an allotted time for public issue permits to allow some types of Response: After review of all public comment. Sanctuary advisory councils activities that are otherwise prohibited comments, NOAA chose to exclude may choose to establish committees and by sanctuary regulations, but which Arena Cove from the expansion area. working groups to further delve into generally present a public benefit by Therefore, existing uses of Arena Cove issues; and working groups provide an furthering the management and do not fall under sanctuary regulations. opportunity to involve more protection of sanctuary resources. Comment: NOAA should clarify how stakeholders from the community in Permits usually include conditions that community members may become

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members of a sanctuary advisory radioactive waste dumped near the it was unaware at the time of council working group. Farallon Islands. publication of the draft documents. Response: If the CBNMS or GFNMS Response: The GFNMS management Such public comments as well as advisory councils convened working plan includes an action plan to evaluate consultations with various agencies groups to make recommendations to the the condition of, and actual impacts on, assist NOAA in developing a sound respective full advisory councils sanctuary resources and qualities from final action. regarding a specific topic, they would the Farallon Islands radioactive waste The level of review for a NOAA work with sanctuary staff to identify a dump site. scientific document is determined list of potential members including State Control through the guidelines set forth in the experts on a particular topic and/or Comment: The State of California Information Quality Act. These appropriate interested parties. Interested guidelines are in the Final Information community members may also express rather than the federal government should manage the expansion area. Quality Bulletin for Peer Review interest in participating on a working published in 2004, and are administered group by contacting any of the advisory There are concerns that the federal government will tell the State of by the White House Office of council members or sanctuary staff Management and Budget (OMB). Under listed on the sanctuary Web sites. California how to manage and regulate the area and wrong decisions will be OMB guidelines, any document that is Comment: Sanctuary advisory made for the state. deemed influential scientific councils should represent the will and Response: Although the State of information (i.e., information that can voice of the communities, rather than be California has an extensive MPA reasonably be determined to have a forced to support the goals of the program established by the Marine Life ‘‘clear and substantial impact on sanctuary. They are controlled by the Protection Act, much of the expansion important public policies or private sanctuary because the sanctuary sets the area extends beyond the marine waters sector decisions’’) must be peer agenda and has the right not to accept under state control and is beyond its reviewed. NOAA guidelines also set their recommendations. jurisdiction. forth requirements for NOAA Response: Sanctuary advisory NOAA closely collaborates with publications with regards to peer review councils are established by NOAA various agencies and departments of the (see http://www.cio.noaa.gov/services_ under the authority of the NMSA (16 State of California not only on the topic programs/info_quality.html). The U.S.C. 1445A). Congress intended the of sanctuary regulations, but also on ONMS Condition Reports and some of councils to include representatives various non-regulatory programs aimed the ONMS Conservation Series reports interested in the protection and at improving resource protection in fall into the category of influential multiple use management of sanctuary national marine sanctuaries off the coast scientific information. In addition, resources. This means that of California. The NMSA also includes NOAA publishes some documents representatives on a sanctuary advisory a provision that allows a governor to through the ONMS Conservation Series council may represent a wide range of review any terms of designation— that are not considered influential views on sanctuary management. boundary areas, activities subject to scientific information under OMB Congress intended sanctuary advisory regulation—and accept or reject any guidelines, but internal policy still councils to be advisory bodies, not term (in state waters) the governor finds requires that they be peer reviewed. decision-making bodies. Each sanctuary objectionable; this provision helps advisory council meeting is open to the Freedom of Information Act (FOIA) create this strong collaboration. When it Compliance public, and anyone is permitted to comes to sanctuary management, NOAA present oral or written statements on emphasizes coordination with state and Comment: NOAA should fully items of concern to sanctuary federal agencies and therefore the State comply with the Freedom of management. Therefore, NOAA believes of California has representation on the Information Act (FOIA) in content and that the sanctuary advisory councils in GFNMS advisory council. Furthermore, in a timely manner. their current format are an efficient and there are numerous ways for the public Response: Since 2010, NOAA has effective way to receive input from to provide input on sanctuary received 16 requests under the FOIA for communities affected by sanctuary management, including service as an information relating to CBNMS and management. advisory council member, providing GFNMS. NOAA responded to 13 Management Plan Purpose public comment at advisory council requests in a timely and complete meetings and commenting during the manner. Two requests were withdrawn Comment: The GFNMS management development of new management plans by the applicants. Due to the complexity plan should focus on preservation and or regulations. of the remaining request, it is still restoration. pending for further review. It is NOAA’s Response: The NMSA directs NOAA Science in Decisions policy to fully comply with the FOIA. to manage national marine sanctuaries Comment: NOAA should use robust, with the primary objective of resource peer-reviewed science for management Sanctuary Names protection. The NMSA further instructs decisions. Some ONMS scientific NOAA to provide comprehensive publications would benefit from Comment: NOAA should consider management, which includes research, independent peer-review. new ecosystem-based names for the education, outreach, and facilitation of Response: NOAA always strives to expanded GFNMS and CBNMS, since uses compatible with resource use the best available science to inform the action will lead to the inclusion of protection. Therefore, the GFNMS management decisions. One of the other prominent marine features. management plan contains action plans means to achieve that is the rigorous Response: NOAA is considering a that focus on all of these mandates. public process that accompanies public process to gather input on a management decisions. During a public potential new name for GFNMS after Radioactive and Toxic Waste comment period on a draft EIS and finalization of this action. At this time, Comment: NOAA should do proposed rule, NOAA may receive NOAA is not considering any name something about the vast quantity of relevant scientific information of which change for CBNMS.

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Socioeconomics Issues range of future activities within the Fireworks boundaries of the Reserve. Access to Expanded Sanctuaries— Comment: Existing fireworks displays General Public Access Bodega Bay Companies should be grandfathered in to the expansion area through the use of Comment: NOAA should ensure that Comment: NOAA should respect certification or special use permits; any there will be no loss of public access to companies such as oyster farms and additional proposals should be the expansion area. cattle ranches that have businesses in considered by applying appropriate Response: The final rule does not and around Bodega Bay, since they have biological and other criteria. Would a contain any restrictions on public access continually protected the waters around federal permit be needed for fireworks? to the shorelines in the GFNMS them. Response: The originally proposed expansion area. Response: NOAA acknowledges the authorization provision has been Vessel/Vehicle Access importance of the local businesses deleted from the sanctuary regulations. around and in the sanctuary including Therefore, NOAA does not have the Comment: NOAA should prohibit or ranches and oyster farms. NOAA has ability to authorize firework activities restrict use of vessels or vehicles in the worked with ranchers and the oyster on the basis of a state or local permit. proposed expansion area and/or in the farms in and around Tomales Bay to As noted in the FEIS, NOAA will rivers leading into the proposed protect water quality and will continue examine whether the discharge of sanctuary, for the following reasons: to work with groups near the original fireworks could be allowed through Noise disturbance to birds and marine sanctuary and expansion area. certification (for existing permitted mammals, water pollution (including fireworks) pursuant to proposed 15 CFR from oil), disturbance of bottom Desalination 922.84, or through a special use permit, vegetation, and further environmental Comment: NOAA should clarify if as described in Section 310 of the risk to sensitive areas. desalination projects will be allowed in NMSA (16 U.S.C. 1441) and in the Response: NOAA believes current the future. Federal Register notice published on restrictions are sufficient to protect May 3, 2013 (78 FR 25957). The Response: The sanctuary regulations sanctuary resources. It is beyond the potential to permit firework shows is do not specifically prohibit desalination scope of this action for NOAA to also an activity that could be addressed projects, but such development could be broadly ban all vessels from the in the separate process to consider subject to regulations prohibiting the sanctuaries, or from the rivers feeding authorization authority. For fireworks at alteration of the submerged lands or the into the GFNMS expansion area. Arena Cove, it should be noted that the discharges or deposits. The project Existing regulations and management boundary has been revised to exclude could qualify for some form of a actions are extended to apply in the Arena Cove. Activities outside of the sanctuary permit, which involves expanded boundary area to help sanctuary that do not result in specific criteria and which typically mitigate resource impacts associated discharges that enter the sanctuary and includes conditions to protect sanctuary with vessel access/operation in the cause injury to sanctuary resources do resources. sanctuaries, such as restriction on cargo not require NOAA approval. vessels near sensitive areas. Education Center Needed Population Bodega Marine Life Refuge Research Comment: NOAA should develop an Comment: NOAA should address and Education education center and/or office in Bodega environmental concerns of a growing Comment: NOAA should either: (1) Bay or other location in the proposed population. Recognize and establish a special-use expansion area. Response: The sanctuary management area for research and education Response: Bodega Marine Laboratory plans provide action plans to address (Research and Education Zone) has been identified as a potential the issue of balancing resources with managed by the University of California location for a sanctuary field office. human activities. (University); (2) exclude the Bodega GFNMS and CBNMS staff will consult Research—Expand ACCESS Program Marine Life Reserve from the sanctuary; with various public constituents including the sanctuary advisory Comment: The Applied California or (3) include the Bodega Marine Life Current Ecosystem Studies (ACCESS) Reserve in the sanctuary and streamline councils to determine potential locations for sanctuary exhibits, a integrated monitoring program should the process to allow appropriate existing be extended into the sanctuary research and educational uses. potential visitor center(s) and field office(s). expansion areas. Response: Establishing a special-use Response: Both the CBNMS and area for research and education for the Education Materials GFNMS management plans contain Bodega Marine Reserve would require action plans to maintain and extend Comment: NOAA should produce NOAA to initiate a separate regulatory ACCESS into the proposed expansion relevant outreach materials and maps process, and excluding the Bodega area. Marine Reserve would prevent online and in print, to visually highlight sanctuary protection from applying to the features, ecosystems, and wildlife Visual Resources the Reserve. Therefore, NOAA is within the boundary expansion area. Comment: NOAA should discuss including the Bodega Marine Life Response: NOAA agrees that these visual resource impacts in the EIS since Reserve in the sanctuary, and will work types of materials would support public visual resources may benefit towards certifying current research and outreach. The existing online and print significantly from increasing protected education activities in accordance with materials created for this action contain habitat. 15 CFR 922.47 and 15 CFR 922.84. In select maps and several photographs. Response: Visual resources are addition, NOAA will meet with the NOAA will work to update and indirectly captured in the FEIS University to streamline the permitting distribute printed and online materials discussion of benefits on marine process and request the Marine Lab to reflect the features and boundaries of resources, habitats, recreation and apply for an institutional permit for a CBNMS and GFNMS. tourism.

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Water Quality, Discharges and Dredging advancements in the shipboard and MBNMS and published on treatment of wastewater to high September 26, 2008 (73 FR 55842). Vessel Graywater Discharges (Non- standards and reconsider the current Regarding cruise ships being different Cruise Ships) ‘‘no-discharge’’ approach for cruise than other ships, many discharge Comment: NOAA should address ships. The proposed covered waters are regulations treat discharges from cruise graywater discharges from commercial expanding to the point where cruise ships as a distinct vessel class on the vessels, including fishing vessels and ships may have difficulty managing West Coast of the U.S. (e.g. California, recreational craft. Since both sanctuaries their discharges over several days. Washington, and Alaska) and nationally would be expanded, the larger area Response: NOAA disagrees that cruise (e.g., the Vessel General Permit [VGP]) might make it difficult for some vessels ships transiting the expansion areas will of the EPA). Cruise ships are a unique to hold graywater discharges while face significant operational difficulties class of vessel and have the potential to transiting through the sanctuaries. in holding discharges. As noted in the generate and discharge greater Response: NOAA prohibits FEIS, NOAA’s analysis of the issue quantities of wastewater effluents than discharging or depositing into CBNMS indicates that transit of the expansion other vessel categories. and GFNMS, other than from a cruise area will take only a few hours during ship, any material except clean normal circumstances, and that Cruise Ships—Vessel Routes graywater (and other exemptions). By operators could hold discharges until allowing the discharge of clean they reach areas outside sanctuary Comment: The option of sailing to graywater by vessels less than 300 GRT boundaries (e.g., north and west of the seaward of the sanctuaries would or vessels 300 GRT or greater without expanded boundary or within the San require significant additional time and sufficient tank capacity to hold Francisco-Pacifica exclusion area) and cost and have additional environmental graywater while within the sanctuary, discharge per the existing regulatory effects in terms of fuel consumption and NOAA does not force non-cruise ship regime. resultant emissions from cruise ships. vessels to hold all graywater and they NOAA’s decision to apply existing NOAA should analyze these effects. have the option of discharging clean sanctuary discharge regulations to the Response: Cruise ships are not graywater in the sanctuary, consistent expanded area were developed required to sail seaward, or west, of the with the existing provisions in MBNMS consistent with the scientific rigor expanded sanctuaries as a result of this associated with EPA’s 2012 California and state and federal regulations. action. Cruise ship operators could NDZ (USEPA 2012) and NOAA’s 2008 Comment: NOAA should move choose, but are not required, to Joint Management Plan Review (NOAA forward with the graywater exemption implement vessel route changes based and should consider the effects of 2008). NOAA also reviewed the Cruise on their own assessment of the best sanctuary expansion upon the California Ship Assessment Discharge Report methods to adjust to the sanctuary No Discharge Zone (NDZ) and the water (USEPA 2008), which described, among regulations, particularly as it pertains to quality of the San Francisco Bay other things, the nature and volume of the capacity to hold sewage and Estuary. waste streams, treatment methods, Response: See response to comment potential adverse impacts, and graywater during transit through the above. NOAA’s final rule contains a regulatory regime for cruise ship sanctuaries. Also, see response to first graywater exemption. The effects of the discharges. Based on these analyses, comment under the ‘‘Cruise Ship sanctuary expansion upon the portion of NOAA concludes that the volume and Discharges.’’ the California NDZ in the expansion content of cruise ship discharges could Vessel General Permit Relationship to area were indirectly described in the adversely affect sanctuary resources in Regulations EIS. Since many vessels transit the the expansion area and that their sanctuaries upon entering and exiting continued prohibition is warranted at Comment: NOAA’s regulations should the San Francisco Bay, this exception this time. However, NOAA recognizes mirror the 2013 VGP, which provides a avoids the potential situation of the cruise ship industry’s recent more extensive list of vessel discharge concentrating graywater discharges in a advancements in shipboard treatments effluent streams than sanctuary small area outside of the sanctuaries of wastewater, and plans to have ONMS regulations. The high water quality near the bay entrance. The water quality consider these developments in a standards achieved under the VGP are within the portions of the California system-wide review of sanctuary cruise confirmed by extensive research by the NDZ in the expansion area and existing ship regulations, as described in the USEPA and the Alaska Science GFNMS is expected to be the same as, revised CBNMS and GFNMS Advisory Panels, and there is no or similar to, that within the entire area management plan. Until such time evidence that any threat would be posed of the expanded sanctuaries. In the NOAA can better understand these to the environment or resources of the portion of the San Francisco-Pacifica advancements, and their effect on sanctuaries under that approach. Exclusion Area of northern MBNMS sanctuary resources, it is making no Response: The VGP only applies beyond 3 nm, vessels will continue to changes to the discharge regulations within three miles of the coastline; its be able to discharge sewage and promulgated with this action. application to waters beyond that has graywater as allowed by the current Comment: NOAA should give a better not been analyzed by the USEPA or the regulatory regime. justification of the differential treatment Comment: NOAA should only allow of cruise ships with respect to the State of California. See response to park service vessels to discharge exceptions for treated sewage and comment under ‘‘Cruise Ship graywater into the sanctuaries. graywater. Discharge.’’ NOAA is considering Response: See responses to comment Response: The cruise ship regulations undertaking a review of national marine above. extended to the CBNMS and GFNMS sanctuary cruise ship discharge expansion areas are existing CBNMS regulations, which could include VGP Cruise Ship Discharges and GFNMS regulations. The existing effluent streams and the standards for Comment: NOAA should base the cruise ship regulations were fully them. This proposal is included in the proposed rules upon best available analyzed in the FEIS for the revised revised management plans for CBNMS science and the continuing management plans of CBNMS, GFNMS, and GFNMS.

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Discharge-Related Regulatory Response: The NMSA and CZMA are impacts of breaching the Russian River, Definitions distinct and separate statutory including release of toxins; identify Comment: NOAA should change the authorities administered by different sources of increased nutrients; and definition of ‘‘clean’’ to mean not NOAA offices. Under the CZMA, request maintenance of adequate flow in containing harmful matter, because the NOAA’s Office for Ocean and Coastal the Russian River. current definition is inconsistent with Management reviews state coastal Response: The Russian River Estuary the definition of ‘‘harmful matter.’’ If nonpoint source pollution control Management Project is not within the applied strictly, this definition would programs developed for approval under boundary expansion of GFNMS. effectively establish a limit of ‘‘non- the Coastal Zone Act Reauthorization However, NOAA currently collaborates detectable’’ for any ‘‘harmful matter’’ Amendments of 1990. The office also with the Estuary Project managers, discharged by a ship. administers grants to states for coastal through NMFS. Although NOAA is not Response: The qualifier ‘‘clean’’ is nonpoint source control program expanding the sanctuary into the used in describing allowed discharges implementation activities. The Plan for Russian River Estuary at this time, the and is defined in §§ 922.81 and 922.111 California’s Nonpoint Source Pollution management plan includes a strategy to as ‘‘. . . not containing detectable levels Control Program (NPS Plan), developed collaborate and exchange information of harmful matter.’’ A substance may be by the State Water Resources Control with agencies and authorities within at ‘‘detectable’’ levels, but pose no threat Board (SWRCB) and the California estuaries adjacent to the proposed to the environment and therefore no Coastal Commission, received full GFNMS expansion area. See the Water longer be considered a ‘‘harmful approval from the USEPA and NOAA in Quality Action Plan Strategy WQ–3 for matter.’’ Therefore the substance would 2000. Although the proposed GFNMS more information. be considered clean. As noted in the final management plan is not linked to Beach Nourishment previous response, NOAA is the NPS Plan, its Water Quality Action Comment: NOAA should consider considering having ONMS undertake a Plan includes activities to coordinate how the proposed regulatory framework review of national marine sanctuary with other agencies to address land- may prohibit dredging and disposing of cruise ship discharge regulations, and based discharges into the estuarine and sediments for living shoreline projects could include a review of the nearshore areas of the sanctuary. definitions for ‘‘clean’’ and ‘‘harmful Comment: NOAA should make it (e.g., beach nourishment), which are matter’’ as part of the review. mandatory to aerobically compost environmentally beneficial. biosolids, which will modify, degrade Response: The disposal of matter Discharges That Cannot Be Terminated and in some cases eliminate some of the above the mean high water line is not Comment: The exceptions for other toxic compounds from farms. regulated in GFNMS, except with regard operational discharges (for both cruise Response: The regulation of biosolids to discharges that enter the sanctuary ships and other vessels) are limited to is outside the scope of this rulemaking and injure a sanctuary resource. clean vessel engine cooling water, clean and outside the jurisdiction of national Currently there are no known proposed vessel generator cooling water, vessel marine sanctuaries. The discharge of living shoreline projects within the engine or generator exhaust, clean material beyond its boundaries is not GFNMS boundary or expansion area. bilgewater or anchor wash. NOAA regulated in GFNMS, except with However, NOAA considers such should include an exception for all regards to discharges that enter the projects a beneficial use that could be ‘‘non-discretionary’’ discharges arising sanctuary and injure a sanctuary considered as an alternative to disposal from vessel operation, such as leachate resource. NOAA recognizes the of dredged materials. If a living from anti-fouling hull coatings, cathodic connection between land-based shoreline project were to be proposed protection, (as well as others described pollution and sanctuary water quality, within GFNMS in the future, NOAA in the EPA VGP). and therefore includes an activity to could consider a permit application in Response: The exceptions for promote best management practices for accordance with 15 CFR 922.83 or a discharges (§§ 922.81(a)(2)(iii) and (iv) agriculture in the GFNMS management separate regulatory process, if needed. and 922.111(a)(1)(i)(C) and (D)) are plan. NPDES Permits standard exceptions for most of the Comment: NOAA should regulate national marine sanctuaries across the discharge from agricultural activities Comment: NOAA should include an country. A site-specific rulemaking such and oil pollution from roads and cars by exemption to 15 CFR 922.84 for as this one is not the appropriate designating inland sanctuaries or discharges regulated by NPDES mechanism for a nation-wide expanding sanctuaries into inland areas discharge permits. These discharge amendment to sanctuary regulations. As to prevent inland discharges that may permits are adopted to fully protect all mentioned in the response to comment injure a sanctuary resource or quality. beneficial uses and NPDES dischargers ‘‘Cruise Ship Discharges,’’ NOAA is Response: See response to the should not and need not be subject to considering having ONMS undertake a comment ‘‘Inclusion of Estuaries.’’ The additional regulations for GFNMS review of national marine sanctuary discharge of material is not regulated in resources to be fully protected. NOAA cruise ship discharge regulations, which GFNMS beyond its boundaries, except should clarify that discharges to the could also include a review of with regard to discharges that enter the Russian River regulated by NPDES discharges noted as unable to be sanctuary and injure a sanctuary permits are not considered unlawful terminated. resource. The GFNMS revised activities under 15 CFR 922.82(a)(4). management plan outlines steps to Response: NOAA has not included an Land-Based Discharges understand and address impacts from exemption to 15 CFR 922.84 for Comment: NOAA should use its known sources of pollution. discharges regulated by NPDES expertise and authorities to address discharge permits. The regulation is not issues of estuarine and marine Russian River Discharge and Water intended to prevent discharge activities conservation as it relates to California’s Quality beyond the sanctuary boundary, non-point source management Comment: NOAA should maintain or including the Russian River Estuary responsibility under the Coastal Zone improve the Russian River Estuary discharges regulated by NPDES permits. Management Act (CZMA). Management Project to: Better address NOAA could certify pre-existing NPDES

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discharge permits that are already otherwise altering the submerged lands Executive Order 13175: Tribal authorized by the State of California and of GFNMS and CBNMS, with few Consultation and Collaboration in existence on the effective date of the exceptions. proposed sanctuary expansion, such as Representatives from the Manchester Technical Document Edits (Rule, EIS, the NPDES permit for the Russian River Band of Pomo Indians, Kashia Band of Management Plans) Estuary. See 15 CFR 922.47 and the Pomo Indians of Stewarts Point procedures outlined in 15 CFR 922.84 Numerous comments requested Rancheria, and Federated Indians of for more information. In part, NOAA specific edits to the text of the proposed Graton Rancheria were invited in had originally proposed authorization rule, DEIS or management plans. To the writing to consult with NOAA under authority to allow it to approve NPDES extent that these edits are pertinent and Executive Order 13175. As of permits for discharges that would not correct, these edits have been made to publication date of this notice of final cause significant, adverse harm to the relevant documents and are not rulemaking, NOAA only received a sanctuary resources; it is an example of further addressed in the response to response from the Chairman of the an activity a sanctuary advisory council comments. Other minor typographical Kashia Band of Pomo Indians to the working group on authorizations could corrections have been made to the consultation letters. NOAA will consider in making any relevant documents and are also not continue to consult and seek tribal recommendations. further addressed here. participation in the management of CBNMS and GFNMS as appropriate. State Water Resources Control Board VI. Classification (SWRCB) Jurisdiction Regulatory Flexibility Act National Environmental Policy Act Comment: NOAA should The Regulatory Flexibility Act (RFA), communicate with the local NOAA has prepared a final as amended and codified at 5 U.S.C. 601 communities regarding jurisdiction of environmental impact statement to et seq., requires an agency to prepare a storm water discharges. evaluate the environmental effects of Response: SWRCB regulates storm this rulemaking. Copies are available at regulatory flexibility analysis of any rule water discharge, and this action would the address and Web site listed in the subject to the notice and comment not change SWRCB jurisdiction. NOAA ADDRESSES section of this final rule. rulemaking requirements under the is not regulating storm water discharge, Responses to comments received on the Administrative Procedure Act (5 U.S.C. except potentially for those discharges proposed rule are presented in the final 553) or any other statute, unless the that enter the sanctuary and injure a environmental impact statement agency certifies that the rule will not sanctuary resource. (December 19, 2014; 79 FR 75800) and have a significant economic impact on preamble to this final rule. a substantial number of small entities. Bodega Harbor Dredging and Disposal Under section 605(b) of the RFA, if the Comment: NOAA needs to exempt Coastal Zone Management Act head of an agency (or his or her existing routine dredging of Bodega Section 307 of the Coastal Zone designee) certifies that a rule will not Harbor. Without such an exception, a Management Act (CZMA; 16 U.S.C. have a significant impact on a small port of that size would be 1456) requires Federal agencies to substantial number of small entities, the inadvertently shut down as a result of consult with a state’s coastal program on agency is not required to prepare a the cost of maintenance dredge disposal potential Federal regulations having an regulatory flexibility analysis. Pursuant (whether on land or offshore). In effect on state waters. NOAA submitted to section 605(b), the Chief Counsel for addition, NOAA should designate a a copy of the final environmental Regulation, Department of Commerce, dredge disposal site in GFNMS for impact statement and supporting submitted a memorandum to the Chief Bodega Harbor Channel Maintenance documents to the California Coastal Counsel for Advocacy, Small Business Dredging. Commission for evaluation of Federal Administration, certifying that original Response: Bodega Harbor is located consistency under the CZMA. On proposed rule would not have a outside of the sanctuary boundaries. December 12, 2014, NOAA received significant impact on a substantial Therefore, existing or future dredging of confirmation from the California Coastal number of small entities. The rationale the harbor would not violate any Commission that the action was for that certification was set forth in the sanctuary regulations that pertain to consistent with the purposes of the preamble of that rule (79 FR 20982, discharge of materials or alteration of California Coastal Management April 14, 2014). the seafloor. Bodega Harbor Program. maintenance projects conducted Although NOAA has made a few adjacent to GFNMS currently dispose of Executive Orders 12866 and 13563 changes to the regulations for CBNMS dredged materials at EPA-designated and GFNMS from the proposed rule to dredge disposal sites, which include This rule was drafted in accordance the final rule, none of these changes ocean and upland locations outside the with Executive Orders 12866 and 13563. alter the initial determination that this existing and proposed boundaries of It was reviewed by the Office of rule will not have an impact on the GFNMS. There is no need to designate Management and Budget, which found small businesses included in the another dredge disposal site at this time. the rule to be ‘‘significant’’ according to original analysis presented in the If the need arises in the future, the EPA EO 12866 and EO 13563. proposed rule. Moreover, NOAA did not receive any comments on the would be the lead agency to designate Executive Order 13132: Federalism any new dredge disposal sites. Assessment certification or its conclusion. Therefore, the determination that this Dredging Prohibition NOAA has concluded that this rule will not have a significant Comment: NOAA should ban regulatory action does not have economic impact on a substantial dredging throughout all sanctuary federalism implications sufficient to number of small entities is unchanged. waters. warrant preparation of a federalism As a result, a final regulatory flexibility Response: NOAA agrees. The final assessment under Executive Order analysis is not required and has not rule prohibits drilling into, dredging, or 13132. been prepared.

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Paperwork Reduction Act 922.82 Prohibited or otherwise regulated Line northward until it intersects the activities. ONMS has a valid Office of boundary for Point Reyes National 922.83 Permit procedures and issuance Seashore approximately 0.7 nautical Management and Budget (OMB) control criteria. number (0648–0141) for the collection 922.84 Certification of preexisting leases, miles (0.8 miles) south and east of of public information related to the licenses, permits, approvals, other Bolinas Point in Marin County, processing of ONMS permits across the authorizations, or rights to conduct a California. The Sanctuary boundary National Marine Sanctuary System. prohibited activity. then approximates the boundary for NOAA’s proposal to expand GFNMS 922.85 Review of State permits and leases Point Reyes National Seashore, as for certain aquaculture projects. and CBNMS would likely increase the established at the time of designation of Appendix A to Subpart H of Part 922— the Sanctuary, to the intersection of the number of requests for ONMS general Farallones National Marine Sanctuary permits and special use permits, Boundary Coordinates Point Reyes National Seashore boundary because the sanctuaries are now larger. Appendix B to Subpart H of Part 922—No- and the Mean High Water Line An increase in the number of ONMS Anchoring Seagrass Protection Zones in approximately 0.13 nautical miles (0.15 permit requests resulted in a change to Tomales Bay miles) south and east of Duck Cove in the reporting burden certified for OMB Appendix C to Subpart H of Part 922— Tomales Bay. The Sanctuary boundary Northern Extent of Tomales Bay control number 0648–0141. This control then follows the Mean High Water Line Appendix D to Subpart H of Part 922— along Tomales Bay and up Lagunitas number for the processing of ONMS Special Wildlife Protection Zones within permits has been updated by OMB. the Sanctuary Creek to the U.S. Highway 1 Bridge. Comments on this determination were Appendix E to Subpart H of Part 922—Cargo Here the Sanctuary boundary crosses solicited in the proposed rule but none Vessel Prohibition Zones in the Lagunitas Creek and follows the Mean were received. Notwithstanding any Sanctuary High Water Line north to the Estero de other provision of law, no person is Appendix F to Subpart H of Part 922—White San Antonio and up the Estero to the required to respond to, nor shall any Shark Approach Prohibition Zones in the tide gate at Valley Ford-Franklin School Sanctuary person be subject to a penalty for failure Road. Here the Sanctuary boundary to comply with, a collection of § 922.80 Boundary. crosses the Estero de San Antonio and information subject to the requirements (a) Farallones National Marine proceeds west and north following the of the PRA, unless that collection of Sanctuary (Sanctuary) encompasses an Mean High Water Line to the Estero information displays a currently valid area of approximately 2,488 square Americano and up the Estero to the OMB Control Number. nautical miles (3,295 square miles) of bridge at Valley Ford-Estero Road. Here the Sanctuary boundary crosses the VII. References coastal and ocean waters, and submerged lands thereunder, Estero Americano and proceeds west A complete list of all references cited surrounding the Farallon Islands and and north following the Mean High herein is available upon request (see Noonday Rock along the northern coast Water Line towards Salmon Creek. ADDRESSES section). of California. The precise boundary Approaching Salmon Creek the boundary continues along the Mean List of Subjects in 15 CFR Part 922 coordinates are listed in appendix A to this subpart. High Water Line until it intersects a Administrative practice and (b) The western boundary of the straight line arc that passes through procedure, Coastal zone, Historic Sanctuary extends south from Point 1 Points 35 and 36. From that intersection preservation, Intergovernmental approximately 45 nautical miles (52 the boundary extends across the creek relations, Marine resources, Natural miles) to Point 2, which is the along the straight line arc towards Point resources, Penalties, Recreation and northwestern corner of Cordell Bank 36 until it again intersects the Mean recreation areas, Reporting and National Marine Sanctuary (CBNMS). High Water Line. From this intersection recordkeeping requirements, Wildlife. The Sanctuary boundary then extends the boundary follows the Mean High Dated: February 27, 2015. from Point 2 approximately 38 nautical Water Line north towards the Russian W. Russell Callender, miles (43 miles) east along the northern River. Approaching the Russian River Acting Assistant Administrator for Ocean boundary of CBNMS to Point 3, which the boundary continues along the Mean Services and Coastal Zone Management. is approximately 6 nautical miles (7 High Water Line until it intersects a miles) west of Bodega Head. From Point straight line arc that passes through Accordingly, for the reasons 3 the Sanctuary boundary continues Points 37 and Point 38. At that discussed in the preamble, the National south and west to Points 4 through 19 intersection the boundary extends Oceanic and Atmospheric (in numerical sequence) and is across the river along the straight line Administration is amending 15 CFR part coterminous with the eastern boundary arc towards Point 38 until it again 922 as follows: of CBNMS. From Point 19 the Sanctuary intersects the Mean High Water Line. PART 922—NATIONAL MARINE boundary continues south and east to From this intersection the boundary SANCTUARY PROGRAM Points 20 through 25 (in numerical follows the Mean High Water Line north REGULATIONS sequence) until it intersects the towards the Gualala River. Approaching boundary for Monterey Bay National the Gualala River the boundary ■ 1. The authority citation for part 922 Marine Sanctuary (MBNMS) at Point 26. continues along the Mean High Water continues to read as follows: From Point 26 the Sanctuary boundary Line until it intersects a straight line arc extends eastward and northward, that passes through Points 39 and Point Authority: 16 U.S.C. 1431 et seq. coterminous with MBNMS, to Points 27 40. At that intersection the boundary ■ 2. Revise subpart H to read as follows: through 33 (in numerical sequence). extends across the river along the From Point 33 the boundary proceeds straight line arc towards Point 40 until Subpart H—Farallones National Marine along a straight line arc towards Point it again intersects the Mean High Water Sanctuary 34 until it intersects the Mean High Line. From this intersection the Sec. Water Line at Rocky Point, California. boundary follows the Mean High Water 922.80 Boundary. From this intersection the Sanctuary Line north to Arena Cove in Mendocino 922.81 Definitions. boundary follows the Mean High Water County. Approaching Arena Cove the

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boundary continues along the Mean reasonable efforts by the Director be (1) Exploring for, developing, or High Water Line until it intersects a reached within 12 hours of the vessel’s producing oil, gas or minerals. straight line arc that passes through condition being reported to authorities; (2) Discharging or depositing from Points 41 and Point 42. At that or leaving a vessel at anchor when its within or into the Sanctuary, other than intersection the boundary extends condition creates potential for a from a cruise ship, any material or other across the cove along the straight line grounding, discharge, or deposit and the matter except: arc towards Point 42 until it again owner/operator fails to secure the vessel (i) Fish, fish parts, chumming intersects the Mean High Water Line. in a timely manner. materials or bait used in or resulting From this intersection the boundary Harmful matter means any substance, from lawful fishing activities within the follows the Mean High Water Line north or combination of substances, that Sanctuary, provided that such discharge towards the Garcia River. Approaching because of its quantity, concentration, or or deposit is during the conduct of the Garcia River the boundary continues physical, chemical, or infectious lawful fishing activity within the along the Mean High Water Line until characteristics may pose a present or Sanctuary; it intersects a straight line arc that potential threat to Sanctuary resources (ii) For a vessel less than 300 gross passes through Points 43 and Point 44. or qualities, including but not limited registered tons (GRT), or a vessel 300 At that intersection the boundary to: Fishing nets, fishing line, hooks, GRT or greater without sufficient extends across the river along the fuel, oil, and those contaminants holding tank capacity to hold sewage straight line arc towards Point 44 until (regardless of quantity) listed pursuant while within the Sanctuary, clean it intersects the Mean High Water Line. to 42 U.S.C. 101(14) of the effluent generated incidental to vessel The Sanctuary boundary then continues Comprehensive Environmental use by an operable Type I or II marine north following the Mean High Water Response, Compensation and Liability sanitation device (U.S. Coast Guard Line until it intersects the rhumb line Act at 40 CFR 302.4. classification) that is approved in connecting Point 45 and Point 46. From Introduced species means any species accordance with section 312 of the this intersection the Sanctuary (including, but not limited to, any of its Federal Water Pollution Control Act, as boundary continues west along its biological matter capable of amended (FWPCA), 33 U.S.C. 1322. northernmost extent to Point 46. The propagation) that is non-native to the Vessel operators must lock all marine Sanctuary includes Bolinas Lagoon, ecosystems of the Sanctuary; or any sanitation devices in a manner that Estero de San Antonio (to the tide gate organism into which altered genetic prevents discharge or deposit of at Valley Ford-Franklin School Road) matter, or genetic matter from another untreated sewage; (iii) Clean vessel deck wash down, and Estero Americano (to the bridge at species, has been transferred in order clean vessel engine cooling water, clean Valley Ford-Estero Road), as well as that the host organism acquires the vessel generator cooling water, clean Bodega Bay, but does not include genetic traits of the transferred genes. bilge water, or anchor wash; Bodega Harbor, the Salmon Creek Motorized personal watercraft means Estuary, the Russian River Estuary, the (iv) For a vessel less than 300 GRT or a vessel which uses an inboard motor a vessel 300 GRT or greater without Gualala River Estuary, Arena Cove, or powering a water jet pump as its the Garcia River Estuary. Unless sufficient holding capacity to hold primary source of motive power and graywater while within the Sanctuary, otherwise specified, where the which is designed to be operated by a Sanctuary boundary crosses a waterway, clean graywater as defined by section person sitting, standing, or kneeling on 312 of the FWPCA; or the Sanctuary excludes this waterway the vessel, rather than the conventional upstream of the crossing. (v) Vessel engine or generator exhaust. manner of sitting or standing inside the (3) Discharging or depositing from § 922.81 Definitions. vessel. within or into the Sanctuary any In addition to those definitions found Routine maintenance means material or other matter from a cruise at § 922.3, the following definitions customary and standard procedures for ship except clean vessel engine cooling apply to this subpart: maintaining docks or piers. water, clean vessel generator cooling Attract or attracting means the Seagrass means any species of marine water, vessel engine or generator conduct of any activity that lures or may angiosperms (flowering plants) that exhaust, clean bilge water, or anchor lure any animal in the Sanctuary by inhabit portions of the submerged lands wash. using food, bait, chum, dyes, decoys in the Sanctuary. Those species include, (4) Discharging or depositing, from (e.g., surfboards or body boards used as but are not limited to: Zostera asiatica beyond the boundary of the Sanctuary, decoys), acoustics or any other means, and Zostera marina. any material or other matter that except the mere presence of human Special Wildlife Protection Zones are subsequently enters the Sanctuary and beings (e.g., swimmers, divers, boaters, areas surrounding or adjacent to high injures a Sanctuary resource or quality, kayakers, surfers). abundance of white sharks, breeding except for the material or other matter Clean means not containing pinnipeds (seals and sea lions) or high excepted in paragraphs (a)(2)(i) through detectable levels of harmful matter. abundance and high biological diversity (v) and (a)(3) of this section. Cruise ship means a vessel with 250 of breeding birds that are susceptible to (5) Constructing any structure other or more passenger berths for hire. human caused disturbance, including than a navigation aid on or in the Deserting means leaving a vessel federally listed and specially protected submerged lands of the Sanctuary; aground or adrift without notification to species. Coordinates for Special Wildlife placing or abandoning any structure on the Director of the vessel going aground Protection Zones are found in appendix or in the submerged lands of the or becoming adrift within 12 hours of its C of this Subpart. Sanctuary; or drilling into, dredging, or discovery and developing and otherwise altering the submerged lands presenting to the Director a preliminary § 922.82 Prohibited or otherwise regulated of the Sanctuary in any way, except: salvage plan within 24 hours of such activities. (i) By anchoring vessels (in a manner notification, after expressing or (a) The following activities are not otherwise prohibited by this part otherwise manifesting intention not to prohibited and thus are unlawful for (see paragraph (a)(16) of this section); undertake or to cease salvage efforts, or any person to conduct or to cause to be (ii) While conducting lawful fishing when the owner/operator cannot after conducted within the Sanctuary: activities;

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(iii) Routine maintenance and Fish and Wildlife Service, Farallon issued pursuant to §§ 922.48 and 922.83 construction of docks and piers on National Wildlife Refuge, or for or a Special Use permit issued pursuant Tomales Bay; or enforcement purposes. Failure to to section 310 of the Act. (iv) Aquaculture activities conducted maintain a minimum altitude of 1,000 pursuant to a valid lease, permit, license feet above ground level over such waters § 922.83 Permit procedures and issuance criteria. or other authorization issued by the is presumed to disturb marine mammals State of California. or seabirds. (a) A person may conduct an activity (6) Operating motorized personal (12) Operating any vessel engaged in prohibited by § 922.82(a)(2) through (9) watercraft (MPWC) anywhere in Bodega the trade of carrying cargo within any and (a)(11) through (16) if such activity Bay and anywhere in the Sanctuary area designated Special Wildlife is specifically authorized by, and south of 38.29800 degrees North Protection Zone or within one nautical conducted in accordance with the Latitude (the southernmost tip of mile from these zones. The coordinates scope, purpose, terms and conditions of, Bodega Head), except for emergency are listed in appendix E to this subpart. a permit issued under § 922.48 and this search and rescue missions or law This includes but is not limited to section. enforcement operations (other than tankers and other bulk carriers and (b) The Director, at his or her routine training activities) carried out by barges, or any vessel engaged in the discretion, may issue a National Marine the National Park Service, U.S. Coast trade of servicing offshore installations, Sanctuary permit under this section, Guard, Fire or Police Departments or except to transport persons or supplies subject to terms and conditions as he or other Federal, State or local to or from the Farallon Islands. In no she deems appropriate, if the Director jurisdictions. event shall this section be construed to finds that the activity will: (7) Taking any marine mammal, sea limit access for fishing, recreational or (1) Further research or monitoring turtle, or bird within or above the research vessels. related to Sanctuary resources and Sanctuary, except as authorized by the (13) Attracting a white shark qualities; Marine Mammal Protection Act, as anywhere in the Sanctuary; or (2) Further the educational value of amended, (MMPA), 16 U.S.C. 1361 et approaching within 50 meters of any the Sanctuary; seq., Endangered Species Act (ESA), as white shark within Special Wildlife (3) Further salvage or recovery amended, 16 U.S.C. 1531 et seq., Protection Zone 6 and 7 or within one operations; or Migratory Bird Treaty Act, as amended, nautical mile from these zones The (4) Assist in managing the Sanctuary. (MBTA), 16 U.S.C. 703 et seq., or any coordinates are listed in appendix F to (c) In deciding whether to issue a regulation, as amended, promulgated this subpart. permit, the Director shall consider under the MMPA, ESA, or MBTA. (14) Deserting a vessel aground, at factors such as: (8) Possessing within the Sanctuary anchor, or adrift in the Sanctuary. (1) The applicant is qualified to (regardless of where taken, moved or (15) Leaving harmful matter aboard a conduct and complete the proposed removed from), any marine mammal, grounded or deserted vessel in the activity; sea turtle, or bird taken, except as Sanctuary. (2) The applicant has adequate authorized by the MMPA, ESA, MBTA, (16) Anchoring a vessel in a financial resources available to conduct by any regulation, as amended, designated seagrass protection zone in and complete the proposed activity; promulgated under the MMPA, ESA, or Tomales Bay, except as necessary for (3) The methods and procedures MBTA, or as necessary for valid law aquaculture operations conducted proposed by the applicant are enforcement purposes. pursuant to a valid lease, permit or appropriate to achieve the goals of the (9) Possessing, moving, removing, or license. The coordinates for the no- proposed activity, especially in relation injuring, or attempting to possess, move, anchoring seagrass protection zones are to the potential effects of the proposed remove or injure, a Sanctuary historical listed in Appendix B to this subpart. activity on Sanctuary resources and resource. (17) Interfering with, obstructing, qualities; (10) Introducing or otherwise delaying, or preventing an investigation, (4) The proposed activity will be releasing from within or into the search, seizure, or disposition of seized conducted in a manner compatible with Sanctuary an introduced species, property in connection with the primary objective of protection of except: enforcement of the Act or any regulation Sanctuary resources and qualities, (i) Striped bass (Morone saxatilis) or permit issued under the Act. considering the extent to which the released during catch and release (b) All activities currently carried out conduct of the activity may diminish or fishing activity; or by the Department of Defense within the enhance Sanctuary resources and (ii) Species cultivated by commercial Sanctuary are essential for the national qualities, any potential indirect, shellfish aquaculture activities in defense and, therefore, not subject to the secondary or cumulative effects of the Tomales Bay pursuant to a valid lease, prohibitions in this section. The activity, and the duration of such permit, license or other authorization exemption of additional activities shall effects; issued by the State of California. be determined in consultation between (5) The proposed activity will be Tomales Bay is defined in § 922.80. The the Director and the Department of conducted in a manner compatible with coordinates for the northern terminus of Defense. the value of the Sanctuary, considering Tomales Bay are listed in appendix C to (c) The prohibitions in paragraph (a) the extent to which the conduct of the this subpart. of this section do not apply to activities activity may result in conflicts between (11) Disturbing marine mammals or necessary to respond to an emergency different users of the Sanctuary, and the seabirds by flying motorized aircraft at threatening life, property, or the duration of such effects; less than 1,000 feet over the waters environment. (6) It is necessary to conduct the within any of the seven designated (d) The prohibitions in paragraphs proposed activity within the Sanctuary; Special Wildlife Protection Zones (a)(2) through (9) and (a)(11) through (7) The reasonably expected end value described in appendix D to this subpart, (16) of this section do not apply to any of the proposed activity to the except transiting Zone 6 to transport activity executed in accordance with the furtherance of Sanctuary goals and persons or supplies to or from Southeast scope, purpose, terms, and conditions of purposes outweighs any potential Farallon Island authorized by the U.S. a National Marine Sanctuary permit adverse effects on Sanctuary resources

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and qualities from the conduct of the of the authorization or right may § 922.85 Review of State permits and activity; and conduct the activity prohibited by leases for certain aquaculture projects. (8) Any other factors as the Director § 922.82 (a)(1) through (17) provided NOAA has described in a deems appropriate. that: Memorandum of Agreement (MOA) (d) Applications. (1) Applications for (1) The holder of such authorization with the State of California how the permits should be addressed to the or right notifies the Director, in writing, State will consult and coordinate with Director, Office of National Marine within 90 days of the effective date of NOAA to review any new, amended or Sanctuaries; ATTN: Superintendent, Sanctuary designation, of the existence expanded lease or permit application for Farallones National Marine Sanctuary, of such authorization or right and aquaculture projects in Tomales Bay 991 Marine Dr., The Presidio, San requests certification of such involving introduced species. Francisco, CA 94129. authorization or right; (2) In addition to the information (2) The holder complies with the Appendix A to Subpart H of Part 922— listed in § 922.48(b), all applications other provisions of this section; and Farallones National Marine Sanctuary must include information to be (3) The holder complies with any Boundary Coordinates considered by the Director in paragraph terms and conditions on the exercise of (b) and (c) of this section. such authorization or right imposed as Coordinates listed in this appendix are (e) The permittee must agree to hold a condition of certification, by the unprojected (Geographic) and based on the North American Datum of 1983. the United States harmless against any Director, to achieve the purposes for claims arising out of the conduct of the which the Sanctuary was designated. Point ID permitted activities. (f) The holder of an authorization or No. Latitude Longitude § 922.84 Certification of preexisting right described in paragraph (a) of this ¥ leases, licenses, permits, approvals, other section authorizing an activity 1 ...... 39.00000 124.33350 ¥ authorizations, or rights to conduct a prohibited by § 922.82 may conduct the 2 ...... 38.29989 123.99988 ¥ prohibited activity. activity without being in violation of 3 ...... 38.29989 123.20005 ¥ applicable provisions of § 922.82, 4 ...... 38.26390 123.18138 (a) A person may conduct an activity 5 ...... 38.21001 ¥123.11913 prohibited by § 922.82(a)(1) through (17) pending final agency action on his or ¥ her certification request, provided the 6 ...... 38.16576 123.09207 if such activity is specifically authorized 7 ...... 38.14072 ¥123.08237 by a valid Federal, State, or local lease, holder is otherwise in compliance with 8 ...... 38.12829 ¥123.08742 permit, license, approval, or other this section. 9 ...... 38.10215 ¥123.09804 authorization in existence prior to the (g) The Director may request 10 ...... 38.09069 ¥123.10387 effective date of sanctuary expansion additional information from the 11 ...... 38.07898 ¥123.10924 and within the sanctuary expansion area certification requester as he or she 12 ...... 38.06505 ¥123.11711 and complies with § 922.47 and deems reasonably necessary to 13 ...... 38.05202 ¥123.12827 condition appropriately the exercise of 14 ...... 37.99227 ¥123.14137 provided that the holder of the lease, ¥ permit, license, approval, or other the certified authorization or right to 15 ...... 37.98947 123.23615 achieve the purposes for which the 16 ...... 37.95880 ¥123.32312 authorization complies with the 17 ...... 37.90464 ¥123.38958 requirements of paragraph (e) of this Sanctuary was designated. The Director ¥ must receive the information requested 18 ...... 37.83480 123.42579 section. 19 ...... 37.76687 ¥123.42694 (b) In considering whether to make within 45 days of the postmark date of 20 ...... 37.75932 ¥123.42686 the certifications called for in this the request. The Director may seek the 21 ...... 37.68892 ¥123.39274 section, the Director may seek and views of any persons on the certification 22 ...... 37.63356 ¥123.32819 consider the views of any other person request. 23 ...... 37.60123 ¥123.24292 or entity, within or outside the Federal (h) The Director may amend any 24 ...... 37.59165 ¥123.22641 government, and may hold a public certification made under this section 25 ...... 37.56305 ¥123.19859 hearing as deemed appropriate. whenever additional information 26 ...... 37.52001 ¥123.12879 ¥ (c) The Director may amend, suspend, becomes available that he determines 27 ...... 37.50819 123.09617 ¥ or revoke any certification made under justifies such an amendment. 28 ...... 37.49418 123.00770 29 ...... 37.50948 ¥122.90614 this section whenever continued (i) Upon completion of review of the ¥ authorization or right and information 30 ...... 37.52988 122.85988 operation would otherwise be 31 ...... 37.57147 ¥122.80399 inconsistent with any terms or received with respect thereto, the 32 ...... 37.61622 ¥122.76937 conditions of the certification. Any such Director shall communicate, in writing, 33 ...... 37.66641 ¥122.75105 action shall be forwarded in writing to any decision on a certification request 34 * ...... 37.88225 ¥122.62753 both the holder of the certified permit, or any action taken with respect to any 35 * ...... 38.35045 ¥123.06711 license, or other authorization and the certification made under this section, in 36 * ...... 38.35665 ¥123.06724 issuing agency and shall set forth writing, to both the holder of the 37 * ...... 38.44575 ¥123.12602 reason(s) for the action taken. certified lease, permit, license, approval, 38 * ...... 38.45531 ¥123.13469 (d) Requests for findings or other authorization, or right, and the 39 * ...... 38.76231 ¥123.52957 ¥ certifications should be addressed to the issuing agency, and shall set forth the 40 * ...... 38.76941 123.53541 ¥ Director, Office of National Marine reason(s) for the decision or action 41 * ...... 38.91136 123.71061 42 * ...... 38.91766 ¥123.72568 Sanctuaries; ATTN: Sanctuary taken. 43 * ...... 38.95404 ¥123.73405 Superintendent, Farallones National (j) The holder may appeal any action 44 * ...... 38.95944 ¥123.71820 Marine Sanctuary, 991 Marine Drive, conditioning, amending, suspending, or 45 * ...... 39.00000 ¥123.69710 The Presidio, San Francisco, CA 94129. revoking any certification in accordance 46 ...... 39.00000 ¥124.33350 A copy of the lease, permit, license, with the procedures set forth in approval, or other authorization must § 922.50. Note: The coordinates in the table above marked with an asterisk (*) are not a part of accompany the request. (k) Any time limit prescribed in or the sanctuary boundary. These coordinates (e) For an activity described in established under this section may be are landward reference points used to draw a paragraph (a) of this section, the holder extended by the Director for good cause. line segment that intersects with the shoreline.

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Appendix B to Subpart H of Part 922— The precise boundary coordinates are listed square nautical miles (1.6 square miles) that No-Anchoring Seagrass Protection in the table following this description. The begins east of Lawson’s Landing and extends Zones in Tomales Bay western boundary is a straight line arc that approximately 2.7 nautical miles (3.1 miles) connects point 1 to point 2 listed in the east and south along the eastern shore of Coordinates listed in this appendix are coordinate table below. The southern Tomales Bay but excludes areas adjacent unprojected (Geographic) and based on the boundary is a straight line arc that extends (approximately .32 nautical miles or .37 North American Datum of 1983. from point 2 towards point 3 until it miles) to the mouth of Walker Creek. The (1) No-Anchoring Seagrass Protection Zone intersects the Mean High Water Line. From precise boundary coordinates are listed in the 1 encompasses an area of approximately .11 this intersection the eastern boundary table following this description. The western square nautical miles (.15 square miles) follows the Mean High Water Line northward boundary is a series of straight line arcs that offshore south of Millerton Point. The precise until it intersects the straight line arc that boundary coordinates are listed in the table connects point 4 to point 5. From this sequentially connect point 1 to point 3 listed following this description. The eastern intersection the northern boundary extends in the coordinate table below. From point 3 boundary is a straight line arc that connects westward along the straight line arc that the southern boundary trends eastward along points 1 and 2 listed in the coordinate table connects point 4 to point 5. the straight line arc that connects point 3 to below. The southern boundary is a straight point 4 until it intersects the Mean High line arc that connects points 2 and 3, the Zone 3 Water Line. From this intersection the western boundary is a straight line arc that Point Latitude Longitude boundary follows the Mean High Water Line connects points 3 and 4 and the northern ID No. northward until it intersects the straight line boundary is a straight line arc that connects arc that connects point 5 to point 6. From point 4 to point 5. 1 ...... 38.15956 ¥122.89573 this intersection the boundary extends 2 ...... 38.15250 ¥122.89042 westward along the straight line arc that ¥ Zone 1 3 * ...... 38.15292 122.88984 connects point 5 to point 6. From point 6 the ¥ Point Latitude Longitude 4 * ...... 38.16031 122.89442 boundary follows the straight line arc that ¥ ID No. 5 ...... 38.15956 122.89573 connects point 6 to point 7, and then extends along the straight line arc that connects point 1 ...... 38.10571 ¥122.84565 Note: The coordinates in the table above 2 ...... 38.09888 ¥122.83603 marked with an asterisk (*) are not a part of 7 to point 8 until it again intersects the Mean 3 ...... 38.09878 ¥122.84431 the zone boundary. These coordinates are High Water Line. From this intersection the ¥ landward reference points used to draw a line boundary follows the Mean High Water Line 4 ...... 38.10514 122.84904 segment that intersects with the shoreline. 5 ...... 38.10571 ¥122.84565 until it intersects the straight line arc that (4) No-Anchoring Seagrass Protection Zone connects point 9 to point 10. From this (2) No-Anchoring Seagrass Protection Zone 4 is an area of approximately .18 square intersection the boundary extends to point 10 2 encompasses an area of approximately .15 nautical miles (.21 square miles) that begins along the straight line arc that connects point square nautical miles (.19 square miles) that just north of Nicks Cove and extends 9 to point 10. begins just south of Marconi and extends approximately 2.7 nautical miles (3.1 miles) approximately 1.6 nautical miles (1.9 miles) south along the eastern shore of Tomales Bay Zone 5 south along the eastern shore of Tomales Bay. to just south of Cypress Grove. The precise Point Latitude Longitude The precise boundary coordinates are listed boundary coordinates are listed in the table ID No. in the table following this description. The following this description. The western ¥ western boundary is a series of straight line boundary is a series of straight line arcs that 1 ...... 38.21825 122.96041 ¥ arcs that sequentially connect point 1 to sequentially connect point 1 to point 8 listed 2 ...... 38.20666 122.94397 point 5 listed in the coordinate table below. in the coordinate table below. The southern 3 ...... 38.19431 ¥122.93431 The southern boundary is a straight line arc boundary is a straight line arc that extends 4 * ...... 38.20080 ¥122.92174 that extends from point 5 towards point 6 from point 8 towards point 9 until it 5 * ...... 38.20522 ¥122.92446 until it intersects the Mean High Water Line. intersects the Mean High Water Line. From 6 ...... 38.20366 ¥122.93246 From this intersection the eastern boundary this intersection the eastern boundary 7 ...... 38.20938 ¥122.94153 follows the Mean High Water Line north follows the Mean High Water Line north 8 * ...... 38.21599 ¥122.93742 until it intersects the straight line arc that until it intersects the straight line arc that 9 * ...... 38.23129 ¥122.96293 connects point 7 to point 8. From this connects point 10 to point 11. From this 10 ...... 38.21825 ¥122.96041 intersection the northern boundary extends intersection the northern boundary extends to point 8. westward along the straight line arc that Note: The coordinates in the table above connects point 10 to point 11. marked with an asterisk (*) are not a part of the zone boundary. These coordinates are Zone 2 landward reference points used to draw a line Point Latitude Longitude Zone 4 segment that intersects with the shoreline. ID No. Point Latitude Longitude ID No. (6) No-Anchoring Seagrass Protection Zone 1 ...... 38.13326 ¥122.87178 6 encompasses an area of approximately .01 2 ...... 38.12724 ¥122.86488 1 ...... 38.20004 ¥122.92315 square nautical miles (.02 square miles) in 3 ...... 38.12563 ¥122.86480 2 ...... 38.18881 ¥122.91740 the vicinity of Indian Beach along the 4 ...... 38.11899 ¥122.86731 3 ...... 38.18651 ¥122.91404 western shore of Tomales Bay. The precise ¥ ¥ 5 ...... 38.11386 122.85851 4 ...... 38.17919 122.91021 boundary coordinates are listed in the table ¥ ¥ 6 * ...... 38.11608 122.85813 5 ...... 38.17450 122.90545 following this description. The eastern ¥ ¥ 7 * ...... 38.14078 122.87433 6 ...... 38.16869 122.90475 boundary is a straight line arc that connects ¥ ¥ 8 ...... 38.13326 122.87178 7 ...... 38.16535 122.90308 point 1 to point 2 listed in the coordinate ¥ 8 ...... 38.16227 122.89650 table below. The southern boundary extends Note: The coordinates in the table above 9 * ...... 38.16266 ¥122.89620 marked with an asterisk (*) are not a part of westward along the straight line arc that 10 * ...... 38.20080 ¥122.92174 the zone boundary. These coordinates are connects point 2 to point 3 until it intersects 11 ...... 38.20004 ¥122.92315 landward reference points used to draw a line the Mean High Water Line. From this segment that intersects with the shoreline. Note: The coordinates in the table above intersection the eastern boundary follows the (3) No-Anchoring Seagrass Protection Zone marked with an asterisk (*) are not a part of Mean High Water Line northward until it 3 encompasses an area of approximately .01 the zone boundary. These coordinates are intersects the straight line arc that connects square nautical miles (.02 square miles) that landward reference points used to draw a line point 3 to point 4. From this intersection the segment that intersects with the shoreline. begins just south of Marshall and extends northern boundary extends eastward along approximately .5 nautical miles (.6 miles) (5) No-Anchoring Seagrass Protection Zone the straight line arc that connects point 4 to south along the eastern shore of Tomales Bay. 5 encompasses an area of approximately 1.3 point 5.

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Zone 6 Appendix D to Subpart H of Part 922— Zone 2 Point Latitude Longitude Special Wildlife Protection Zones Point Latitude Longitude ID No. Within the Sanctuary ID No. 1 ...... 38.14103 ¥122.89537 Coordinates listed in this appendix are 6 ...... 38.49854 ¥123.26804 2 ...... 38.13919 ¥122.89391 unprojected (Geographic) and based on the Note: The coordinates in the table above 3 * ...... 38.13804 ¥122.89610 North American Datum of 1983. ¥ marked with an asterisk (*) are not a part of 4 * ...... 38.14033 122.89683 (1) Special Wildlife Protection Zone 1 the zone boundary. These coordinates are 5 ...... 38.14103 ¥122.89537 (SWPZ 1) encompasses an area of landward reference points used to draw a line approximately 7.9 square nautical miles (10.5 segment that intersects with the shoreline. Note: The coordinates in the table above marked with an asterisk (*) are not a part of square miles). The precise boundary (3) Special Wildlife Protection Zone 3 the zone boundary. These coordinates are coordinates are listed in the table following (SWPZ 3) encompasses an area of landward reference points used to draw a line this description. The western boundary of approximately 7 square nautical miles (9.3 segment that intersects with the shoreline. SWPZ 1 extends south from Point 1, west of square miles). The precise boundary (7) No-Anchoring Seagrass Protection Zone Haven’s Neck in Mendocino County, to Point coordinates are listed in the table following 7 encompasses an area of approximately .09 2, west of Del Mar Point. The boundary then this description. The western boundary of square nautical miles (.12 square miles) that extends east from Point 2 along a straight line SWPZ 3 extends south and east from Point begins just south of Pebble Beach and arc connecting Point 2 and Point 3 until it 1, southwest of the Estero de San Antonio in Sonoma County, to Point 2, south of Tomales extends approximately 1.6 nautical miles (1.9 intersects the Mean High Water Line at Del Point in Marin County. The boundary then miles) south along the western shore of Mar Point. The SWPZ 1 boundary then turns extends north and east from Point 2 along a north to follow the Mean High Water Line Tomales Bay. The precise boundary straight line arc connecting Point 2 and Point coordinates are listed in the table following towards Haven’s Neck and continues until it 3 until it intersects the boundary of the Point this description. The eastern boundary is a intersects a straight line arc connecting Point Reyes National Seashore. From this series of straight line arcs that sequentially 4 and Point 5. From this intersection the intersection the SWPZ 3 boundary follows connect point 1 to point 5 listed in the Sanctuary boundary continues west along its the Point Reyes National Seashore boundary coordinate table below. The southern northernmost extent to Point 5. around Tomales Point into Tomales Bay and boundary extends along the straight line arc continues until it again intersects the straight that connects point 5 to point 6 until it Zone 1 line arc that connects Point 2 and Point 3. intersects the Mean High Water Line. From Point Latitude Longitude From this intersection the SWPZ 3 boundary this intersection the western boundary ID No. follows the straight line arc north and east extends north along the Mean High Water toward Point 3 until it intersects the Mean Line until it intersects the straight line arc 1 ...... 38.80865 ¥123.63227 High Water Line at Toms Point in Tomales that connects point 7 to point 8. From this 2 ...... 38.74096 ¥123.54306 Bay. The SWPZ 3 boundary then follows the intersection the northern boundary extends 3 * ...... 38.74096 ¥123.51051 Mean High Water Line northward towards eastward along the straight line arc that 4 * ...... 38.80865 ¥123.60195 the Estero de San Antonio until it intersects connects point 7 to point 8. 5 ...... 38.80865 ¥123.63227 the straight line arc that connects Point 4 and Point 5. From this intersection the Sanctuary Note: The coordinates in the table above Zone 7 boundary continues south and west to marked with an asterisk (*) are not a part of Point 5. Point Latitude Longitude the zone boundary. These coordinates are ID No. landward reference points used to draw a line segment that intersects with the shoreline. Zone 3 1 ...... 38.13067 ¥122.88620 Point Latitude Longitude 2 ...... 38.12362 ¥122.87984 (2) Special Wildlife Protection Zone 2 ID No. ¥ (SWPZ 2) encompasses an area of 3 ...... 38.11916 122.87491 ¥ ¥ 1 ...... 38.24001 123.02963 4 ...... 38.11486 122.86896 approximately 16.2 square nautical miles ¥ ¥ 2 ...... 38.19249 122.99523 5 ...... 38.11096 122.86468 (21.4 square miles). The precise boundary ¥ ¥ 3 * ...... 38.21544 122.95286 6 * ...... 38.11027 122.86551 coordinates are listed in the table following ¥ ¥ 4 * ...... 38.27011 122.97840 7 * ...... 38.13001 122.88749 this description. The western boundary of 5 ...... 38.24001 ¥123.02963 8 ...... 38.13067 ¥122.88620 SWPZ 2 extends south and east from Point 1, south of Windermere Point in Sonoma Note: The coordinates in the table above Note: The coordinates in the table above County, to Point 2 and then to Point 3 in marked with an asterisk (*) are not a part of marked with an asterisk (*) are not a part of the zone boundary. These coordinates are the zone boundary. These coordinates are sequence. Point 3 is west of Duncans Point landward reference points used to draw a line landward reference points used to draw a line in Sonoma County. The boundary then segment that intersects with the shoreline. segment that intersects with the shoreline. extends east from Point 3 along a straight line arc connecting Point 3 and Point 4 until it (4) Special Wildlife Protection Zone 4 Appendix C to Subpart H of Part 922— (SWPZ 4) encompasses an area of intersects the Mean High Water Line at Northern Extent of Tomales Bay approximately 10.2 square nautical miles Duncans Point. The boundary then turns (13.5 square miles). The precise boundary For the purpose of § 922.82(a)(10)(ii), north to follow the Mean High Water Line coordinates are list in the table following this NOAA is codifying the northern geographical towards Windermere Point until it intersects description. The western boundary of SWPZ extent of Tomales Bay via a line running a straight line arc connecting Point 5 and 4 extends south and west from Point 1, west from Avalis Beach (Point 1) east to Sand Point 6. From this intersection the boundary of Point Reyes in Marin County, to Point 2, Point (Point 2). Coordinates listed in this continues due south along a straight line arc south and west of Point Reyes Lighthouse. Appendix are unprojected (geographic) and to Point 6. The boundary then follows a straight line arc based on the North American Datum of 1983. east and south from Point 2 to Point 3. From Zone 2 Point 3 the boundary follows a straight line Point Point Latitude Longitude arc north to Point 4. From Point 4 the SWPZ ID No. ID No. 4 boundary proceeds west along the straight Tomales Latitude Longitude line arc that connects Point 4 and Point 5 Bay 1 ...... 38.49854 ¥123.26804 Boundary until it intersects the Point Reyes National 2 ...... 38.45095 ¥123.18564 Seashore boundary north of Chimney Rock. ¥ 1 ...... 38.23165 ¥122.98148 3 ...... 38.39311 123.12068 The SWPZ 4 boundary then follows the Point ¥ 2 ...... 38.23165 ¥122.96955 4 * ...... 38.39311 123.09527 Reyes National Seashore boundary around 5 * ...... 38.52487 ¥123.26804 Point Reyes until it again intersects the

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straight line arc that connects Point 4 and Zone 6 (2) Cargo Vessel Prohibition Zone 2 (CVPZ Point 5 north of the Point Reyes Lighthouse. Point Latitude Longitude 2) encompasses an area of approximately 30 From this intersection the SWPZ 4 boundary ID No. square nautical miles (40 square miles). The turns seaward and continues west to Point 5. precise boundary coordinates are listed in the 4 ...... 37.70246 ¥122.96608 table following this description. The western Zone 4 5 ...... 37.72976 ¥123.00961 CVPZ 2 boundary extends south and east Point Latitude Longitude from Point 1, west of Windermere Point in ID No. (7) Special Wildlife Protection Zone 7 Sonoma County, to Point 2 and then to Point (SWPZ 7) encompasses an area of 1 ...... 38.01475 ¥123.05013 3 in sequence. Point 3 is west of Duncans approximately 6 square nautical miles (7.9 2 ...... 37.97536 ¥123.05482 Point in Sonoma County. The CVPZ 2 square miles) and extends from the Mean 3 ...... 37.96521 ¥122.93771 boundary then extends east from Point 3 High Water Line seaward to the SWPZ 7 4 ...... 38.00555 ¥122.93504 along a straight line arc connecting Point 3 5 ...... 38.01475 ¥123.05013 boundary. The precise boundary coordinates and Point 4 until it intersects the Sanctuary are listed in the table following this boundary south of Duncans Point. The CVPZ description. The boundary of SWPZ 7 (5) Special Wildlife Protection Zone 5 2 boundary then turns north to follow the (SWPZ 5) encompasses an area of extends south and west from Point 1, north Sanctuary boundary past Windermere Point approximately 14.8 square nautical miles of North Farallon Island, along a straight line until it intersects the straight line arc (19.6 square miles). The precise boundary arc to Point 2, then south and east along a connecting Point 5 and Point 6. From this coordinates are listed in the table following straight line arc to Point 3, then north and intersection the CVPZ 2 boundary continues this description. The western boundary of east along a straight line arc to Point 4, then due south along this straight line arc to SWPZ 5 extends south and east from Point north and west along a straight line arc to Point 6. 1, near Millers Point in Marin County, to Point 5. Point 2, which is south and west of Bolinas Zone 2 Point. The SWPZ 5 boundary then follows a Zone 7 Point Latitude Longitude straight line arc east from Point 2 towards Point Latitude Longitude ID No. Point 3 until it intersects the Mean High ID No. ¥ Water Line at Rocky Point. From this 1 ...... 38.48995 123.28994 1 ...... 37.79568 ¥123.10845 intersection, the SWPZ 5 boundary follows 2 ...... 38.43749 ¥123.19789 2 ...... 37.76746 ¥123.13869 3 ...... 38.37614 ¥123.13153 the Sanctuary boundary north to Bolinas ¥ Point and Millers Point, respectively, 3 ...... 37.73947 123.09341 4 * ...... 38.37614 ¥123.07843 4 ...... 37.76687 ¥123.06330 5 * ...... 38.54099 ¥123.28994 including Bolinas Lagoon but not including ¥ Seadrift Lagoon, until it intersects the 5 ...... 37.79568 123.10845 6 ...... 38.48995 ¥123.28994 straight line arc that connects Point 4 and Point 5. From this intersection the SWPZ 5 Note: The coordinates in the table above Appendix E to Subpart H of Part 922— marked with an asterisk (*) are not a part of boundary turns seaward and continues west Cargo Vessel Prohibition Zones in the the zone boundary. These coordinates are and south along the straight line arc to Sanctuary landward reference points used to draw a line Point 5. segment that intersects with the shoreline. Coordinates listed in this appendix are Zone 5 unprojected (Geographic) and based on the (3) Cargo Vessel Prohibition Zone 3 (CVPZ Point Latitude Longitude North American Datum of 1983. 3) encompasses an area of approximately 17 ID No. (1) Cargo Vessel Prohibition Zone 1 (CVPZ square nautical miles (22 square miles). The 1) is an area of approximately 20 square precise boundary coordinates are listed in the 1 ...... 37.96579 ¥122.83284 nautical miles (26 square miles) immediately table following this description. The western 2 ...... 37.88195 ¥122.73989 offshore of Anchor Bay. The precise CVPZ 3 boundary extends south and east 3 * ...... 37.88195 ¥122.62873 boundary coordinates are listed in the table from Point 1, west of the Estero de San 4 * ...... 37.98234 ¥122.81513 following this description. The western Antonio in Sonoma County, to Point 2, south 5 ...... 37.96579 ¥122.83284 boundary of extends south and east from of Tomales Point in Marin County. The CVPZ 3 boundary then extends north and east from Note: The coordinates in the table above Point 1, north and west of Haven’s Neck, to marked with an asterisk (*) are not a part of Point 2, west and south of Del Mar Point. The Point 2 along a straight line arc connecting the zone boundary. These coordinates are CVPZ 1 boundary then extends east from Point 2 and Point 3 until it intersects the landward reference points used to draw a line Point 2 along a straight line arc connecting Sanctuary boundary. From this intersection segment that intersects with the shoreline. Point 2 and Point 3 until it intersects the the CVPZ 3 boundary follows the Sanctuary (6) Special Wildlife Protection Zone 6 Sanctuary boundary. The CVPZ 1 boundary boundary around Tomales Point into (SWPZ 6) encompasses an area of then turns north to follow the Sanctuary Tomales Bay and continues until it again approximately 6.8 square nautical miles (9 boundary past Haven’s Neck and continues intersects the straight line arc that connects square miles) and extends from the Mean until it intersects the straight line arc Point 2 and Point 3. From this intersection High Water Line seaward to the SWPZ 6 connecting Point 4 and Point 5. From this the CVPZ 3 boundary follows the straight boundary. The precise boundary coordinates intersection the CVPZ 1 boundary continues line arc north and east across Tomales Bay are listed in the table following this west along its northernmost extent to until it intersects the Sanctuary boundary description. The boundary of SWPZ 6 Point 5. south of Toms Point in Tomales Bay. The extends south and west from Point 1, north CVPZ 3 boundary then follows the Sanctuary of Southeast Farallon Island, along a straight Zone 1 boundary northward past the Estero de San line arc to Point 2, then south and east along Point Latitude Longitude Antonio until it intersects the straight line ID No. a straight line arc to Point 3, then north and arc that connects Point 4 and Point 5. From east along a straight line arc to Point 4, then this intersection the boundary continues 1 ...... 38.82485 ¥123.68420 north and west along a straight line arc to south and west to Point 5. 2 ...... 38.72330 ¥123.55145 Point 5. 3 * ...... 38.72330 ¥123.47658 ¥ Zone 3 4 * ...... 38.82485 123.60953 Point Latitude Longitude Zone 6 ¥ Point Latitude Longitude 5 ...... 38.82485 123.68420 ID No. ID No. Note: The coordinates in the table above ¥ marked with an asterisk (*) are not a part of 1 ...... 38.24496 123.05698 1 ...... 37.72976 ¥123.00961 the zone boundary. These coordinates are 2 ...... 38.16758 ¥123.00179 2 ...... 37.69697 ¥123.04374 landward reference points used to draw a line 3 * ...... 38.21170 ¥122.92566 3 ...... 37.66944 ¥123.00176 segment that intersects with the shoreline. 4 * ...... 38.28215 ¥122.99278

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Zone 3 Zone 5 boundary extends south and west from Point Point Latitude Longitude Point Latitude Longitude 1, north of Southeast Farallon Island, along ID No. ID No. a straight line arc to Point 2, then south and east along a straight line arc to Point 3, then 5 ...... 38.24496 ¥123.05698 4 * ...... 37.99449 ¥122.82841 north and east along a straight line arc to 5 ...... 37.96598 ¥122.85997 Point 4, then north and west along a straight Note: The coordinates in the table above line arc to Point 5. marked with an asterisk (*) are not a part of Note: The coordinates in the table above the zone boundary. These coordinates are marked with an asterisk (*) are not a part of landward reference points used to draw a line the zone boundary. These coordinates are Zone 1 segment that intersects with the shoreline. landward reference points used to draw a line Point Latitude Longitude segment that intersects with the shoreline. ID No. (4) Cargo Vessel Prohibition Zone 4 (CVPZ 4) encompasses an area of approximately 28 (6) Cargo Vessel Prohibition Zone 6 (CVPZ 1 ...... 37.75264 ¥123.01175 square nautical miles (37 square miles). The 6) encompasses an area of approximately 21 2 ...... 37.69461 ¥123.07333 precise boundary coordinates are listed in the square nautical miles (28 square miles) 3 ...... 37.64621 ¥122.99867 table following this description. The western surrounding Southeast Farallon Island and 4 ...... 37.70538 ¥122.93567 CVPZ 4 boundary extends south and west extends from the Mean High Water Line to 5 ...... 37.75264 ¥123.01175 from Point 1, west and north of Point Reyes the CVPZ 6 boundary. The precise boundary in Marin County, to Point 2, south and west coordinates are listed in the table following (2) White Shark Approach Prohibition of Point Reyes Lighthouse. The CVPZ 4 this description. The boundary extends south Zone 2 (WSAPZ 2) encompasses an area of boundary then follows a straight line arc east and west from Point 1, north of Southeast approximately 20 square nautical miles (26 and south from Point 2 to Point 3. From Point Farallon Island, along a straight line arc to square miles) surrounding the North Farallon 3 the CVPZ 4 boundary follows a straight line Point 2, then south and east along a straight Islands and extends from the Mean High arc north to Point 4. From Point 4 the CVPZ line arc to Point 3, then north and east along Water Line to the WSAPZ 2 boundary. The 4 boundary proceeds west along the straight a straight line arc to Point 4, then north and precise boundary coordinates are listed in the line arc that connects Point 4 and Point 5 west along a straight line arc to Point 5. table following this description. The until it intersects the Sanctuary boundary at boundary extends south and west from Point Drakes Beach. The CVPZ 4 boundary then Zone 6 1, north of North Farallon Island, along a follows the Sanctuary boundary around Point Point Latitude Longitude straight line arc to Point 2, then south and ID No. Reyes until it again intersects the straight line east along a straight line arc to Point 3, then arc that connects Point 4 and Point 5, north ¥ north and east along a straight line arc to of the Point Reyes Lighthouse. From this 1 ...... 37.75264 123.01175 ¥ Point 4, then north and west along a straight intersection the CVPZ 4 boundary turns 2 ...... 37.69461 123.07333 ¥ line arc to Point 5. seaward and continues west to Point 5 along 3 ...... 37.64621 122.99867 ¥ this arc. 4 ...... 37.70538 122.93567 5 ...... 37.75264 ¥123.01175 Zone 2 Point Latitude Longitude Zone 4 ID No. Point Latitude Longitude (7) Cargo Vessel Prohibition Zone 7 (CVPZ ID No. 7) encompasses an area of approximately 20 1 ...... 37.81914 ¥123.11155 square nautical miles (26 square miles) 2 ...... 37.76497 ¥123.16939 1 ...... 38.03311 ¥123.06923 surrounding the North Farallon Islands and 3 ...... 37.71623 ¥123.09089 2 ...... 37.96053 ¥123.07801 extends from the Mean High Water Line to 4 ...... 37.76872 ¥123.03359 3 ...... 37.94655 ¥122.91781 the CVPZ 7 boundary. The precise boundary 5 ...... 37.81914 ¥123.11155 4 ...... 38.02026 ¥122.91261 coordinates are listed in the table following 5 ...... 38.03311 ¥123.06923 this description. The boundary extends south ■ and west from Point 1, north of North 3. Revise subpart K to read as follows: Farallon Island, along a straight line arc to (5) Cargo Vessel Prohibition Zone 5 (CVPZ Subpart K—Cordell Bank National 5) encompasses an area of approximately 29 Point 2, then south and east along a straight square nautical miles (39 square miles). The line arc to Point 3, then north and east along Marine Sanctuary precise boundary coordinates are listed in the a straight line arc to Point 4, then north and Sec. table following this description. The western west along a straight line arc to Point 5. 922.110 Boundary. CVPZ 5 boundary extends south and east 922.111 Definitions. from Point 1, west of Millers Point in Marin Zone 7 922.112 Prohibited or otherwise regulated County, to Point 2, south and west of Bolinas Point Latitude Longitude activities. Point. The CVPZ 5 boundary then follows a ID No. 922.113 Permit procedures and issuance straight line arc east from Point 2 towards ¥ criteria. Point 3 until it intersects the Sanctuary 1 ...... 37.81914 123.11155 ¥ Appendix A to Subpart K of Part 922— boundary. From this intersection, the CVPZ 2 ...... 37.76497 123.16939 ¥ 5 boundary follows the Sanctuary boundary 3 ...... 37.71623 123.09089 Cordell Bank National Marine Sanctuary ¥ north towards Rocky Point and continues 4 ...... 37.76872 123.03359 Boundary Coordinates ¥ along the Sanctuary boundary past Bolinas 5 ...... 37.81914 123.11155 Appendix B to Subpart K of Part 922—Line Point and Millers Point, respectively, Representing the 50-Fathom Isobath including Bolinas Lagoon but not including Appendix F to Subpart H of Part 922— Surrounding Cordell Bank Seadrift Lagoon, until it intersects the White Shark Approach Prohibition § 922.110 Boundary. straight line arc that connects Point 4 and Zones in the Sanctuary Point 5. From this intersection the CVPZ 5 The Cordell Bank National Marine boundary turns seaward and continues west Coordinates listed in this appendix are Sanctuary (Sanctuary) boundary and south along the straight line arc to unprojected (Geographic) and based on the encompasses a total area of Point 5. North American Datum of 1983. approximately 971 square nautical miles (1) White Shark Approach Prohibition (1,286 square miles) of offshore ocean Zone 5 Zone 1 (WSAPZ 1) encompasses an area of waters, and submerged lands Point Latitude Longitude approximately 21 square nautical miles (28 ID No. square miles) surrounding Southeast Farallon thereunder, surrounding the submarine Island and extends from the Mean High plateau known as Cordell Bank along- 1 ...... 37.96598 ¥122.85997 Water Line to the WSAPZ 1 boundary. The the northern coast of California, 2 ...... 37.86532 ¥122.74797 precise boundary coordinates are listed in the approximately 45 nautical miles west- 3 * ...... 37.86532 ¥122.63720 table following this description. The northwest of San Francisco, California.

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The precise boundary coordinates are from a cruise ship, any material or other Point 15. There is a rebuttable listed in appendix A to this subpart. The matter except: presumption that any such resource northern boundary of the Sanctuary is a (A) Fish, fish parts, chumming found in the possession of a person rhumb line that begins approximately 6 materials, or bait used in or resulting within the Sanctuary was taken or nautical miles (7 miles) west of Bodega from lawful fishing activities within the removed by that person. Head in Sonoma County, California at Sanctuary, provided that such discharge (4)(i) On or within the line Point 1 and extends west approximately or deposit is during the conduct of representing the 50-fathom isobath 38 nautical miles (44 miles) to Point 2. lawful fishing activity within the surrounding Cordell Bank, drilling into, This line is part of a shared boundary Sanctuary; dredging, or otherwise altering the between the Sanctuary and Farallones (B) For a vessel less than 300 gross submerged lands; or constructing, National Marine Sanctuary (FNMS). The registered tons (GRT), or a vessel 300 placing, or abandoning any structure, western boundary of the Sanctuary GRT or greater without sufficient material or other matter on or in the extends south from Point 2 holding tank capacity to hold sewage submerged lands. This prohibition does approximately 34 nautical miles (39 while within the Sanctuary, clean not apply to use of bottom contact gear miles) to Point 3. From Point 3 the effluent generated incidental to vessel used during fishing activities, which is Sanctuary boundary continues east 15 use and generated by an operable Type prohibited pursuant to 50 CFR part 660 nautical miles (17 miles) to Point 4 I or II marine sanitation device (U.S. (Fisheries off West Coast States). The where it intersects the FNMS boundary Coast Guard classification) approved in coordinates for the line representing the again. The line from Point 3 to Point 4 accordance with section 312 of the 50-fathom isobath are listed in appendix forms the southernmost boundary of the Federal Water Pollution Control Act, as B to this subpart, and the 50-fathom Sanctuary. The eastern boundary of the amended, (FWPCA), 33 U.S.C. 1322. isobath is approximated by connecting Sanctuary is a series of straight lines Vessel operators must lock all marine these coordinates with straight line arcs connecting Points 4 through 20 in sanitation devices in a manner that in numerical sequence from Point 1 to numerical sequence. The Sanctuary is prevents discharge or deposit of Point 15. coterminous with FNMS along both its untreated sewage; (ii) In the Sanctuary beyond the line (the Sanctuary’s) eastern and northern (C) Clean vessel deck wash down, representing the 50-fathom isobath boundaries. clean vessel engine cooling water, clean surrounding Cordell Bank, drilling into, vessel generator cooling water, clean dredging, or otherwise altering the § 922.111 Definitions. bilge water, or anchor wash; submerged lands; or constructing, In addition to the definitions found in (D) For a vessel less than 300 GRT or placing, or abandoning any structure, § 922.3, the following definitions apply a vessel 300 GRT or greater without material or matter on the submerged to this subpart: sufficient holding capacity to hold lands except as incidental and necessary graywater while within the Sanctuary, Clean means not containing for anchoring any vessel or lawful use clean graywater as defined by section of any fishing gear during normal detectable levels of harmful matter. 312 of the FWPCA; or fishing activities. The coordinates for Cruise ship means a vessel with 250 (E) Vessel engine or generator the line representing the 50-fathom or more passenger berths for hire. exhaust. isobath are listed in Appendix B to this Harmful matter means any substance, (ii) Discharging or depositing from subpart, and the 50-fathom isobath is or combination of substances, that within or into the Sanctuary any approximated by connecting these because of its quantity, concentration, or material or other matter from a cruise coordinates with straight line arcs in physical, chemical, or infectious ship except clean vessel engine cooling numerical sequence from Point 1 to characteristics may pose a present or water, clean vessel generator cooling Point 15. potential threat to Sanctuary resources water, vessel engine or generator (5) Taking any marine mammal, sea or qualities, including but not limited exhaust, clean bilge water, or anchor turtle, or bird within or above the to: fishing nets, fishing line, hooks, fuel, wash. Sanctuary, except as authorized by the oil, and those contaminants (regardless (iii) Discharging or depositing, from Marine Mammal Protection Act, as of quantity) listed pursuant to title 42 of beyond the boundary of the Sanctuary, amended, (MMPA), 16 U.S.C. 1361 et the United States Code. any material or other matter that seq., Endangered Species Act, as Introduced species means any species subsequently enters the Sanctuary and amended, (ESA), 16 U.S.C. 1531 et seq., (including, but not limited to, any of its injures a Sanctuary resource or quality, Migratory Bird Treaty Act, as amended, biological matter capable of except as listed in paragraphs (a)(2)(i) (MBTA), 16 U.S.C. 703 et seq., or any propagation) that is non-native to the and (ii) of this section. regulation, as amended, promulgated ecosystems of the Sanctuary; or any (3) On or within the line representing under the MMPA, ESA, or MBTA. organism into which altered genetic the 50-fathom isobath surrounding (6) Possessing within the Sanctuary matter, or genetic matter from another Cordell Bank, removing, taking, or (regardless of where taken, moved or species, has been transferred in order injuring or attempting to remove, take, removed from), any marine mammal, that the host organism acquires the or injure benthic invertebrates or algae sea turtle or bird taken, except as genetic traits of the transferred genes. located on Cordell Bank. This authorized by the MMPA, ESA, MBTA, prohibition does not apply to use of by any regulation, as amended, § 922.112 Prohibited or otherwise bottom contact gear used during fishing regulated activities. promulgated under the MMPA, ESA, or activities, which is prohibited pursuant MBTA, or as necessary for valid law (a) The following activities are to 50 CFR part 660 (Fisheries off West enforcement purposes. prohibited and thus are unlawful for Coast States). The coordinates for the (7) Possessing, moving, removing, or any person to conduct or to cause to be line representing the 50-fathom isobath injuring, or attempting to possess, move, conducted within the Sanctuary: are listed in appendix B to this subpart, remove or injure, a Sanctuary historical (1) Exploring for, developing, or and the 50-fathom isobath is resource. producing oil, gas, or minerals. approximated by connecting these (8) Introducing or otherwise releasing (2)(i) Discharging or depositing from coordinates with straight line arcs in from within or into the Sanctuary an within or into the Sanctuary, other than numerical sequence from Point 1 to introduced species, except striped bass

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(Morone saxatilis) released during catch (3) Further salvage or recovery Appendix A to Subpart K of Part 922— and release fishing activity. operations in or near the Sanctuary in Cordell Bank National Marine (9) Interfering with, obstructing, connection with a recent air or marine Sanctuary Boundary Coordinates delaying, or preventing an investigation, casualty; or search, seizure, or disposition of seized (4) Assist in managing the Sanctuary. Coordinates listed in this appendix are property in connection with (c) In deciding whether to issue a unprojected (Geographic Coordinate System) enforcement of the Act or any regulation permit, the Director shall consider such and based on the North American Datum of or permit issued under the Act. factors as: 1983 (NAD83). (b) The prohibitions in paragraph (a) (1) The applicant is qualified to of this section do not apply to activities conduct and complete the proposed SANCTUARY BOUNDARY COORDINATES necessary to respond to an emergency activity; threatening life, property or the Point (2) The applicant has adequate ID No. Latitude Longitude environment. financial resources available to conduct (c) All activities being carried out by and complete the proposed activity; 1 ...... 38.29989 ¥123.20005 the Department of Defense (DOD) within (3) The methods and procedures 2 ...... 38.29989 ¥123.99988 the Sanctuary on the effective date of proposed by the applicant are 3 ...... 37.76687 ¥123.75143 designation or expansion of the appropriate to achieve the goals of the 4 ...... 37.76687 ¥123.42694 Sanctuary that are necessary for national proposed activity, especially in relation 5 ...... 37.83480 ¥123.42579 defense are exempt from the to the potential effects of the proposed 6 ...... 37.90464 ¥123.38958 prohibitions contained in the activity on Sanctuary resources and 7 ...... 37.95880 ¥123.32312 regulations in this subpart. Additional qualities; 8 ...... 37.98947 ¥123.23615 DOD activities initiated after the (4) The proposed activity will be 9 ...... 37.99227 ¥123.14137 effective date of designation or conducted in a manner compatible with 10 ...... 38.05202 ¥123.12827 expansion that are necessary for the primary objective of protection of 11 ...... 38.06505 ¥123.11711 national defense will be exempted by Sanctuary resources and qualities, 12 ...... 38.07898 ¥123.10924 the Director after consultation between considering the extent to which the 13 ...... 38.09069 ¥123.10387 the Department of Commerce and DOD. conduct of the activity may diminish or 14 ...... 38.10215 ¥123.09804 ¥ DOD activities not necessary for enhance Sanctuary resources and 15 ...... 38.12829 123.08742 ¥ national defense, such as routine qualities, any potential indirect, 16 ...... 38.14072 123.08237 ¥ exercises and vessel operations, are secondary or cumulative effects of the 17 ...... 38.16576 123.09207 ¥ subject to all prohibitions contained in activity, and the duration of such 18 ...... 38.21001 123.11913 ¥ the regulations in this subpart. effects; 19 ...... 38.26390 123.18138 20 ...... 38.29989 ¥123.20005 (d) The prohibitions in paragraphs (5) The proposed activity will be (a)(2) through (7) of this section do not conducted in a manner compatible with apply to any activity executed in the value of the Sanctuary, considering Appendix B to Subpart K of Part 922— accordance with the scope, purpose, the extent to which the conduct of the Line Representing the 50-Fathom terms, and conditions of a National activity may result in conflicts between Isobath Surrounding Cordell Bank Marine Sanctuary permit issued different users of the Sanctuary, and the pursuant to §§ 922.48 and 922.113 or a duration of such effects; Coordinates listed in this appendix are Special Use permit issued pursuant to (6) It is necessary to conduct the unprojected (Geographic Coordinate System) section 310 of the Act. proposed activity within the Sanctuary; and based on the North American Datum of (e) Where necessary to prevent (7) The reasonably expected end value 1983 (NAD83). immediate, serious, and irreversible of the proposed activity to the damage to a Sanctuary resource, any furtherance of Sanctuary goals and CORDELL BANK FIFTY FATHOM LINE activity may be regulated within the purposes outweighs any potential COORDINATES limits of the Act on an emergency basis adverse effects on Sanctuary resources for no more than 120 days. and qualities from the conduct of the Point Latitude Longitude § 922.113 Permit procedures and issuance activity; and ID No. criteria. (8) The Director may consider 1 ...... 37.96034 ¥123.40371 (a) A person may conduct an activity additional factors as he or she deems 2 ...... 37.96172 ¥123.42081 prohibited by § 922.112(a)(2) through appropriate. 3 ...... 37.9911 ¥123.44379 (7), if such activity is specifically (d) Applications. (1) Applications for 4 ...... 38.00406 ¥123.46443 authorized by, and conducted in permits should be addressed to the 5 ...... 38.01637 ¥123.46076 accordance with the scope, purpose, Director, Office of National Marine 6 ...... 38.04684 ¥123.47920 terms and conditions of, a permit issued Sanctuaries; ATTN: Superintendent, 7 ...... 38.07106 ¥123.48754 under § 922.48 and this section. Cordell Bank National Marine 8 ...... 38.07588 ¥123.47195 (b) The Director, at his or her Sanctuary, P.O. Box 159, Olema, CA 9 ...... 38.06451 ¥123.46146 discretion, may issue a national marine 94950. 10 ...... 38.07123 ¥123.44467 sanctuary permit under this section, (2) In addition to the information 11 ...... 38.04446 ¥123.40286 subject to terms and conditions, as he or listed in § 922.48(b), all applications 12 ...... 38.01442 ¥123.38588 she deems appropriate, if the Director must include information to be 13 ...... 37.98859 ¥123.37533 finds that the activity will: considered by the Director in paragraph 14 ...... 37.97071 ¥123.38605 (1) Further research or monitoring (b) and (c) of this section. 15 ...... 37.96034 ¥123.40371 related to Sanctuary resources and (e) The permittee must agree to hold qualities; the United States harmless against any [FR Doc. 2015–04502 Filed 3–11–15; 8:45 am] (2) Further the educational value of claims arising out of the conduct of the BILLING CODE 3510–NK–P the Sanctuary; permitted activities.

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