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76154 Federal Register/Vol. 71, No. 244/Wednesday, December 20, 2006/Rules and Regulations

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76154 Federal Register/Vol. 71, No. 244/Wednesday, December 20, 2006/Rules and Regulations 76154 Federal Register / Vol. 71, No. 244 / Wednesday, December 20, 2006 / Rules and Regulations DEPARTMENT OF THE INTERIOR (1) To protect and interpret a pristine vessels, the increase in population and subtropical marine ecosystem, including recreational tourism will result in more National Park Service an intact coral reef community. pressure on the resources in the (2) To protect populations of fish and Tortugas area. In recent years, interest 36 CFR Part 7 wildlife, including (but not limited to) has grown in the commercial sector to loggerhead and green sea turtles, sooty provide increased transportation to the RIN 1024–AD45 terns, frigate birds, and numerous park and to conduct additional activities migratory bird species. in the park, which would bring many Dry Tortugas National Park—Special (3) To protect the pristine natural more visitors and greater impacts to Regulations environment of the Dry Tortugas group park resources. of islands. A plan was started in 1998 to address AGENCY: National Park Service, Interior. (4) To protect, stabilize, restore and pressures and update the 1983 Fort ACTION: Final rule. interpret Fort Jefferson, an outstanding Jefferson National Monument General example of nineteenth century masonry Management Plan. At that time, park SUMMARY: This rule will delete obsolete fortification. managers placed a moratorium on the regulations; limit the area, extent and (5) To preserve and protect submerged authorization of any new commercial methods of recreational fishing within cultural resources. activity in the park until an FGMPA/EIS portions of the park’s boundaries; (6) In a manner consistent with could be completed and implemented implement a Research Natural Area paragraphs (1) through (5) above to that would adequately protect park (RNA); clarify the Superintendent’s provide opportunities for scientific resources. authority to regulate fishing, boating, research. (16 U.S.C. 410xx–1(b)). The FGMPA/EIS addressed specific and permitted activities; regulate vessel The NPS developed the Final General issues including: (1) Protection of near- operation, anchoring and human Management Plan Amendment/ pristine resources such as coral reefs activity; provide enhanced protection Environmental Impact Statement and sea grasses; (2) protection of for shipwrecks consistent with State and (FGMPA/EIS), approved through a fisheries and submerged cultural Federal law; and restrict discharges into Record of Decision (ROD) in July 2001, resources; (3) management of park waters. Definitions have also been to comply with its statutory mandate to commercial services; and (4) added to clarify terminology. manage and protect Dry Tortugas determination of appropriate levels and DATES: Effective Dates: This rule is National Park, and to respond to types of visitor use. effective January 19, 2007. pressures from increased visitation and After extensive public involvement over-utilization of park resources. and collaboration with state and federal FOR FURTHER INFORMATION CONTACT: As described in the FGMPA/EIS, there agencies, the NPS selected a Superintendent, Everglades and Dry were indications that, despite the park’s management alternative that affords a Tortugas National Parks, 40001 SR 9336, remote location approximately 70 miles high level of protection to park Homestead, FL 33034. E-mail: _ west of Key West, Florida, rapidly resources as well as providing for ever [email protected] (305) increasing visitor use was negatively appropriate types and levels of high 242–7710. impacting the resources and values that quality visitor experiences. This will be SUPPLEMENTARY INFORMATION: make Dry Tortugas National Park accomplished by establishing Background unique. Visitation to Dry Tortugas management zones and visitor carrying National Park increased 400 percent capacity limits for specific locations in On April 7, 2006, the NPS published from 1994 through 2000, going from the park, using commercial services to in the Federal Register proposed special 23,000 to 95,000 annual visitors. The direct and structure visitor use, and regulations for Dry Tortugas National resources and infrastructure at the park instituting a permit system for private as Park. (71 FR 17785). Previous could not sustain a growth rate of this well as commercial boats. A research regulations pertained to Fort Jefferson magnitude while ensuring protection of natural area (RNA) will encompass a 46 National Monument. The Monument park resources consistent with the square-mile area protecting a was established by a presidential park’s legislative mandate. representative range of terrestrial and proclamation in 1935 for the purpose of Scientific studies documented marine resources that will ensure preserving the Dry Tortugas group of significant declines in the size and protection of spawning fish and fish islands within the original 1845 federal abundance of commercially and diversity and protect near-pristine military reservation of islands, keys, and recreationally important fish species, habitats and processes to ensure high banks. In 1980, Congress legislatively particularly snapper, grouper, and quality research opportunities. This rule affirmed the Fort Jefferson National grunts in Dry Tortugas National Park. prohibits extractive activities in the Monument. These declines threaten the RNA, including fishing. A range of In 1992, Congress enacted Public Law sustainability of reef fish communities recreational and educational 102–525 (16 U.S.C. 410xx et seq.) both within the park and throughout the opportunities will be available for abolishing the Fort Jefferson National Florida Keys. Studies demonstrate that visitors as long as appropriate resource Monument and establishing Dry both fish size and abundance in the conditions are maintained. The quality Tortugas National Park in its place. Tortugas area, including Dry Tortugas of visitor experiences will be enhanced Congress established the park ‘‘to National Park, are essential to spawning by maintaining the quality of resources preserve and protect for the education, and recruitment for regional fish stocks while expanding visitor access inspiration and enjoyment of present and the multi-billion dollar fishing and throughout the park. and future generations nationally tourism industry in the Florida Keys. significant natural, historic, scenic, The population of South Florida is Summary of Public and Agency marine, and scientific values in South projected to increase from its current Involvement for the Final General Florida.’’ In addition, Congress directed level of 6.3 million people to more than Management Plan Amendment and the the Secretary of the Interior to manage 12 million by 2050. With continued Proposed Rule the park for the following specific technological innovations such as global This rule is the culmination of an purposes, including: positioning systems and larger, faster extensive general management planning VerDate Aug<31>2005 17:07 Dec 19, 2006 Jkt 211001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\20DER1.SGM 20DER1 rwilkins on PROD1PC63 with RULES Federal Register / Vol. 71, No. 244 / Wednesday, December 20, 2006 / Rules and Regulations 76155 process for Dry Tortugas National Park this area. All public and agency interested parties prior to approving the that began in 1998. NPS planning was comments were carefully considered by agreement. The August 9th meeting was undertaken concurrently and the NPS and the proposed action was publicly noticed and received statewide collaboratively with planning by the modified in several areas in response to media coverage. The management National Oceanic and Atmospheric the comments. agreement may be viewed or Administration (NOAA), the Florida In January 2001, the Dry Tortugas downloaded from the park’s Web site at Fish and Wildlife Conservation National Park FGMPA was made http://www.nps.gov/drto/parkmgmt/ Commission (FWC), and the Gulf of available to the public. The NPS index.htm. A Florida Department of Mexico Fisheries Management Council received several hundred letters from Environmental Protection (FDEP) (GMFMC), leading to establishment of citizens and organizations reflecting a statement on the approval of the the Tortugas Ecological Reserve (TER) in variety of viewpoints about the FGMPA. management agreement is available on the Florida Keys National Marine The NPS carefully considered all its Web site at http:// Sanctuary (FKNMS) adjoining the park. comments including those for and www.dep.state.fl.us/secretary/news/ To assist in developing alternatives against prohibiting recreational fishing 2005/08/0809_01.htm. for the TER, NOAA established a 25- in the proposed RNA. On July 27, 2001, The FWC reviewed the proposed member Working Group composed of the Secretary of the Interior approved regulations at public meetings in Key commercial and recreational fishermen, the FGMPA, and the Record of Decision Largo, Florida on December 1, 2005 and divers, scientists, non-governmental was signed. In announcing approval of in Gainesville, Florida on February 2, organizations and other concerned the plan, the Secretary stated, ‘‘This 2006. The FWC received comments citizens, stakeholder representatives, plan has been developed with broad from a variety of recreational fishing FKNMS Advisory Council members, public outreach and a great deal of organizations, conservation groups, and federal and state government participation with the State of Florida, elected officials, State and Federal representatives charged with resource fishing
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