[Federal Register Volume 75, Number 177 (Tuesday, September 14, 2010)]
[Proposed Rules]
[Pages 55692-55698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22567]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 922
[Docket No. 070726412-0071-01]
RIN 0648-AV88
Proposed Research Area Within the Gray's Reef National Marine
Sanctuary
AGENCY: Office of National Marine Sanctuaries (ONMS), National Oceanic
and Atmospheric Administration (NOAA), Department of Commerce (DOC).
ACTION: Proposed rule.
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SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) is
proposing to create a research area within the Gray's Reef National
Marine Sanctuary (GRNMS, or Sanctuary). A research area is a region
specifically designed for conducting controlled scientific studies in
the absence of certain human activities that could affect the results.
NOAA proposes to prohibit fishing, diving, and stopping while
transiting in the proposed research area.
DATES: Comments must be received by December 13, 2010.
Dates for public hearings are:
(1) October 19, 6-8 p.m., Richmond Hill City Center, 529 Cedar
Street, Richmond Hill, GA.
(2) October 20, 6-8 p.m., Bulloch County Courthouse, 30 N. Main
Street, Statesboro, GA.
[[Page 55693]]
(3) October 21, 6-8 p.m., College of Coastal Georgia, Southeast
Georgia Conference Center, 3700 Altama Avenue, Brunswick, GA.
ADDRESSES: You may submit comments, identified by 0648-AV88, by any one
of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal http://www.regulations.gov
(search for docket NOAA-NOS-2009-0103)
Mail: Gray's Reef National Marine Sanctuary, 10 Ocean
Science Circle, Savannah, GA 31411, Attn: Dr. George Sedberry,
Superintendent.
Instructions: No comments will be posted for public viewing until
after the comment period has closed. All comments received are a part
of the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying
Information (for example, name, address, etc.) voluntarily submitted by
the commenter may be publicly accessible. Do not submit confidential
business information or otherwise sensitive or protected information.
ONMS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain anonymous). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only. Copies of the draft environmental impact statement
and proposed rule can be downloaded or viewed on the Internet at http://www.regulations.gov (search for docket NOAA-NOS-2009-0103) or
at http://graysreef.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Resource Protection Coordinator Becky
Shortland at (912) 598-2381.
SUPPLEMENTARY INFORMATION:
I. Background
A. Gray's Reef National Marine Sanctuary
NOAA designated GRNMS as the nation's fourth national marine
sanctuary in 1981 for the purposes of: protecting the quality of this
unique and fragile ecological community; promoting scientific
understanding of this live bottom ecosystem; and enhancing public
awareness and wise use of this significant regional resource. GRNMS is
located 16 miles offshore of Sapelo Island, Georgia, on an area of
continental shelf stretching from Cape Hatteras, North Carolina, to
Cape Canaveral, Florida (referred to as the South Atlantic Bight).
GRNMS protects 16.68 square nautical miles of open ocean and submerged
lands of particularly dense and nearshore patches of productive live
bottom habitat. The sanctuary is influenced by complex ocean currents
and serves as a mixing zone for temperate (colder water) and sub-
tropical species. An estimated 180 species of fish, encompassing a wide
variety of sizes, forms, and ecological roles, have been recorded at
GRNMS. Loggerhead sea turtles, a threatened species, use GRNMS year-
round for foraging and resting, and the highly endangered northern
right whale is occasionally seen in Gray's Reef.
The sanctuary contains one of the largest nearshore live-bottom
reefs in the southeastern United States. Within the sanctuary, rock
outcroppings stand above the shifting sands. The series of rock ledges
and sand expanses has produced a complex habitat of burrows, troughs,
and overhangs that provide a solid base for the abundant sessile
invertebrates to attach and grow. This topography supports an unusual
assemblage of temperate and tropical marine flora and fauna. This
flourishing ecosystem attracts numerous species of benthic and pelagic
fish including mackerel, grouper, red snapper, black sea bass,
angelfish, and a host of other fishes. Since GRNMS lies in a transition
area between temperate and tropical waters, the composition of reef
fish populations changes seasonally.
B. Purpose and Need for Research Area
In 2008, NOAA released a report on the condition of GRNMS providing
a summary of the status of resources, pressures on those resources,
current conditions and trends, and management responses to the
pressures that threaten the integrity of the marine environment.
Specifically, the document includes information on water quality,
habitat, living resources, and maritime archaeological resources and
the human activities that affect them. Overall, the resources protected
by GRNMS appear to be in fair condition, as defined in the 2008 GRNMS
condition report. Emerging threats to the sanctuary include invasive
species, contamination of organisms by waterborne chemicals from human
coastal activities, climate change and ever increasing coastal
populations and recreational use of the sanctuary. For a copy of the
2008 GRNMS condition report, please visit http://sanctuaries.noaa.gov/science/condition/grnms/welcome.html.
NOAA's regulations for the sanctuary limit fishing gear in the
sanctuary to rod and reel (which is used by the vast majority of users
in the sanctuary), and handline. Despite these gear restrictions,
fishing continues to impact the living marine resources and habitat of
the sanctuary. Recreational fishing is the primary fishing activity and
occurs throughout the sanctuary but tends to be concentrated in certain
areas.
Because fishing is allowed throughout the sanctuary, NOAA has
limited options for gaining better management information on the
effects it has on fish and invertebrate populations and their habitats.
A research area would allow investigations to evaluate possible impacts
from fishing--particularly bottom fishing--on the sanctuary's natural
resources by providing a zone relatively free of human activities and
impacts that can be compared to the rest of the sanctuary. The research
area would also allow researchers to more accurately determine the
effects of natural events (e.g., hurricanes) and cycles (e.g. droughts)
on the sanctuary. The research area could also serve as an important
sentinel site to monitor and study impacts of climate change, such as
ocean acidification, which can be better determined in the absence of
additional human factors such as fishing. Sentinel sites are areas well
suited to ensure sustained observations of environmental change, to
track indicators of ecosystem integrity, and to provide early warning
services. Currently the effects of subtle natural variability may be
masked by the sometimes overwhelming effect of fishing. The ability to
conduct these investigations in a marine environment free of human
influences is critical to meet the resource protection and scientific
research mandates of the GRNMS.
To provide for comprehensive and coordinated conservation and
management of natural resources of GRNMS as required by the National
Marine Sanctuaries Act (NMSA), research that includes a control or
research area where human impacts are limited is needed. There are
currently no natural live-bottom areas in the South Atlantic Bight that
have been set aside for scientific use. Because GRNMS is relatively
shallow, it affords the opportunity to conduct experiments and make
observations using SCUBA in a productive reef habitat that is
relatively close to shore. The proximity of the sanctuary to coastal
universities and marine research laboratories makes GRNMS a logical
natural area that can be used to further understanding and management
of these complex ecosystems. There is scientific agreement that without
having an area of the naturally occurring live bottom devoted to
research, it becomes very difficult to understand how these reefs
function in the life history of many economically valuable species, and
the
[[Page 55694]]
effects of extractive uses on that productivity. NOAA believes the
proposed action provides a balance between user concerns and the
research opportunities that are emphasized in the sanctuary's goals and
objectives.
C. Research Area Background
The concept of a research (control) area within the sanctuary has
been under discussion for many years. The idea was first raised by
members of the public in 1999 during the early stages of the GRNMS
management plan review process at public scoping meetings. The GRNMS
advisory council set a target to increase the opportunity to
distinguish scientifically between natural and human-induced change to
species populations in the sanctuary (NMSP 2006). As a means to reach
this target, the Sanctuary Advisory Council (SAC) formed a broad-based
Research Area Working Group (RAWG) to consider the concept of a
research area within the sanctuary.
The RAWG consisted of representatives from research, academia,
conservation groups, sport fishing and diving interests, education,
commercial fishing, law enforcement and state and federal agency
representatives. The RAWG employed a consensus-driven, constituent-
based process. A Geographic Information System (GIS) tool was also
developed by NOAA to analyze options RAWG members brought forward; this
tool is described in more detail in the environmental impact statement
supporting this action.
The principle conclusion of the RAWG, which was ultimately adopted
by the entire SAC, was that significant research questions exist at
GRNMS that can only be addressed by establishing a research area. The
final SAC recommendations to NOAA, presented in 2008, also included the
unanimous recommendation that all fishing be prohibited in the research
area.
In the decision to recommend prohibition of all fishing in the
research area, the RAWG took into consideration new information on the
growing knowledge of the linkages between benthic and pelagic natural
communities. The RAWG also considered methods used by sport fishermen
to fish both coastal pelagic and bottom fish (reef) species at the same
time. In addition, downriggers and planers, currently permitted in the
sanctuary, allow anglers to fish the entire water column, including
near the bottom. These gear types can impact benthic communities and
allow catch of bottom fish, a primary marine resource to be studied in
the research area. Therefore, allowing any fishing including trolling
for pelagic fish species could significantly compromise the integrity
and effectiveness of a research area.
Law enforcement officials expressed concern that the enforcement of
prohibitions on fishing would be more difficult if diving or stationary
vessels were allowed to continue in the research area, due to the
difficulty of determining the activities of a boat's occupants from a
distance or as officers approach a boat. The SAC also observed that any
recreational diving activity in the research area would make law
enforcement difficult and could undermine the validity of the research
area.
From 2004-2008, the RAWG and SAC also continued to evaluate
criteria and boundaries utilizing the GIS tool and incorporating new
information as it became available. Ultimately, four boundary scenarios
were recommended as viable locations for a research area in GRNMS.
These boundary scenarios and several activity restrictions became the
focus of public scoping during March and April 2008. After
consideration of public comments and deliberations by the RAWG, the
sanctuary superintendent received final recommendations from the SAC in
January 2009. The proposed action presented in this document are the
direct result of the RAWG's recommendations that were adopted by the
SAC and provided to GRNMS superintendent, and comments received during
the spring 2008 public scoping. Several alternatives to the proposed
action are analyzed in the accompanying draft environmental impact
statement (DEIS).
E. South Atlantic Fishery Management Council
The action recommended to GRNMS by the SAC would close the research
area to all fishing activity. Therefore, pursuant to section 304(a)(5)
of the National Marine Sanctuaries Act (16 U.S.C. 1434(a)(5); NMSA),
NOAA's Office of National Marine Sanctuaries (ONMS) consulted with the
South Atlantic Fishery Management Council (SAFMC or Council) to develop
fishing regulations associated with this proposed research area.
On March 4, 2009, the SAFMC passed a motion to: ``Defer to Gray's
Reef NMS for rule-making in terms of the establishment of the Research
Area.'' On April 22, 2009, the Council's decision to allow ONMS to
draft the fishing regulations was formally communicated when the SAFMC
sent a letter to the GRNMS Superintendent deferring fishing regulations
for this action to the ONMS.
II. Proposed Revisions to GRNMS Terms of Designation
Section 304(a)(4) of the NMSA requires that the terms of
designation include the geographic area included within the Sanctuary;
the characteristics of the area that give it conservation,
recreational, ecological, historical, research, educational, or
aesthetic value; and the types of activities subject to regulation by
the Secretary to protect these characteristics. Section 304(a)(4) also
specifies that the terms of designation may be modified only by the
same procedures by which the original designation was made. To
implement this action, NOAA proposes to modify the GRNMS terms of
designation, which were most recently published in the Federal Register
on October 12, 2006 (74 FR 60055), to read as follows (new text in bold
and deleted text in brackets and italics):
1. No change to Article 1, Designation and Effect
2. No change to Article 2, Description of the Area
3. No change to Article 3, Characteristics of the Area
4. Article 4, Scope of Regulation, Section 1, Activities Subject to
Regulation, is modified by:
a. Modifying the 4th bullet of Section 1 to read as follows:
``Injuring, catching, harvesting, or collecting any marine organism or
any part thereof, living or dead, or attempting any of these
activities;, [ by any means except by use of rod and reel, and handline
gear;]''
b. Modifying the 6th bullet of Section 1 as follows: ``Using
explosives, or devices that produce electric charges underwater; [and''
c. Modifying the 7th bullet of Section 1 as follows: ``Moving,
removing, injuring, or possessing a historical resource, or attempting
to move, remove, injure, or possess a historical resource[.] , and''
d. Adding the following at the end of Section 1: ``8. Diving.''
5. No Change to Article 5, Relation to Other Regulatory Programs
6. No change to Article 6, Alteration of This Designation
The revised terms of designation would read as follows:
Revised Designation Document for the Gray's Reef National Marine
Sanctuary
Article 1. Designation and Effect
The Gray's Reef National Marine Sanctuary was designated on January
16, 1981 (46 FR 7942). The Act authorizes the Secretary of Commerce to
[[Page 55695]]
issue such regulations as are necessary to implement the designation,
including managing and protecting the conservation, recreational,
ecological, historical, cultural, archaeological, scientific,
educational or aesthetic resources and qualities of a national marine
sanctuary. Section 1 of Article 4 of this Designation Document lists
activities of the type that are presently being regulated or may need
to be regulated in the future, in order to protect sanctuary resources
and qualities. Listing in Section 1 does not mean a type of activity is
currently regulated or would be regulated in the future. If a type of
activity is not listed, however, it may not be regulated except on an
emergency basis, unless section 1 is amended to include the type of
activity following the same procedures by which the original
designation was made. Nothing in this Designation Document is intended
to restrict activities that do not cause an adverse effect on the
resources or qualities of the sanctuary or on sanctuary property or
that do not pose a threat of harm to users of the sanctuary.
Article 2. Description of the Area
The sanctuary consists of an area of ocean waters and the submerged
lands thereunder located 17.5 nautical miles due east of Sapelo Island,
Georgia. The exact coordinates are defined by regulation (15 CFR
922.90).
Article 3. Characteristics of the Area
The sanctuary consists of submerged calcareous sandstone rock reefs
with contiguous shallow-buried hard layer and soft sedimentary regime
which supports rich and diverse marine plants, invertebrates, finfish,
turtles, and occasional marine mammals in an otherwise sparsely
populated expanse of ocean seabed. The area attracts multiple human
uses, including recreational fishing and diving, scientific research,
and educational activities.
Article 4. Scope of Regulation
Section 1. Activities Subject to Regulation
The following activities are subject to regulation under the NMSA.
Such regulation may include prohibitions to ensure the protection and
management of the conservation, recreational, ecological, historical,
scientific, educational, cultural, archaeological or aesthetic
resources and qualities of the area. Because an activity is listed here
does not mean that such activity is being or would be regulated. If an
activity is listed, however, the activity can be regulated, after
compliance with all applicable regulatory laws, without going through
the designation procedures required by paragraphs (a) and (b) of
section 304 of the NMSA (16 U.S.C. 1434(a) and (b)).
1. Dredging, drilling into, or otherwise altering the submerged
lands of the sanctuary;
2. Within the boundary of the sanctuary, discharging or depositing
any material or other matter or constructing, placing, or abandoning
any structure, material or other matter; or discharging or depositing
any material or other matter outside the boundary of the sanctuary that
subsequently enters the sanctuary and injures a sanctuary resource or
quality;
3. Vessel operations, including anchoring;
4. Injuring, catching, harvesting, or collecting any marine
organism or any part thereof, living or dead, or attempting any of
these activities;
5. Possessing fishing gear that is not allowed to be used in the
sanctuary;
6. Using explosives, or devices that produce electric charges
underwater;
7. Moving, removing, injuring, or possessing a historical resource,
or attempting to move, remove, injure, or possess a historical
resource; and
8. Diving.
Section 2. Emergency Regulation
Where necessary to prevent or minimize the destruction of, loss of,
or injury to a sanctuary resource or quality; or to minimize the
imminent risk of such destruction, loss or injury, any activity,
including any not listed in Section 1 of this Article, is subject to
immediate temporary regulation, including prohibition.
Article 5. Relation to Other Regulatory Programs
Section 1. Defense Activities
The regulation of activities listed in Article 4 shall not prohibit
any Department of Defense activity that is essential for national
defense or because of emergency. Such activities shall be consistent
with the regulations to the maximum extent practical.
Section 2. Other Programs
All applicable regulatory programs will remain in effect, and all
permits, licenses and other authorizations issued pursuant thereto
shall be valid within the sanctuary unless authorizing any activity
prohibited by a regulation implementing Article 4.
Article 6. Alteration of This Designation
The terms of designation, as defined under section 304(a) of the
Act, may be modified only by the procedures outlined in paragraphs (a)
and (b) of section 304 of the Act including public hearings,
consultation with interested Federal, State, and local government
agencies, and the South Atlantic Fishery Management Council, review by
the appropriate congressional committees, and approval by the Secretary
of Commerce or designee.
[End of designation document]
III. Summary of Proposed Revisions to the Sanctuary Regulations
A. Establishment of a Research Area
The proposed regulations would establish a research area within the
GRNMS that would prohibit fishing, diving and stopping a vessel within
the area. This area is referred to as the Southern Boundary Option.
Please refer to the GRNMS Web site and the draft environmental impact
statement supporting this rulemaking for more information and a map
depicting the location of the proposed research area within the GRNMS.
The research area, which would occupy the southern portion of the
GRNMS, would be wholly within the boundary of the sanctuary and would
not change its overall size. The total area that would be designated as
a research area inside GRNMS would be 6.25 square nautical miles (see
the Appendix for coordinates).
According to boat sighting data from 1999-2007, only 9.2 percent of
boats sighted in the sanctuary visited or transited the area of the
proposed research area, leading to the conclusion that this area is not
as popular with sport fishermen and sport divers as the north-central
portion of the sanctuary. NOAA believes the proposed action provides a
balance between user concerns and the research opportunities that are
emphasized in the sanctuary's goals and objectives.
B. Activities Prohibited Within the Research Area
If adopted, the regulatory changes would prohibit: (1) Injuring,
catching, harvesting, or collecting sanctuary resources (including by
fishing); (2) diving within the research area; and (3) stopping a
vessel in the research area. The proposed regulations would add
prohibitions specific to the research area in addition to the existing
prohibitions set out in 922.92, which apply throughout the Sanctuary.
In the proposed research area, the following activities would be
prohibited and thus unlawful for any person to conduct or cause to be
conducted: Injuring, catching, harvesting, or collecting, or attempting
to injure, catch, harvest, or collect, any marine organism, or any
[[Page 55696]]
part thereof, living or dead (there would be a rebuttable presumption
that any marine organism or part thereof, living or dead, found in the
possession of a person within the research area has been collected from
the research area); possessing, carrying, or using any fishing gear or
means for fishing unless such gear or means is stowed and not available
for immediate use while on board a vessel transiting through the
research area without interruption or for valid law enforcement
purposes; diving; stopping a vessel when transiting the research area.
C. Enforcement
If adopted, the proposed regulations would be enforced by NOAA and
other authorized agencies (i.e., United States Coast Guard, and Georgia
Department of Natural Resources) in a coordinated and comprehensive
way. Enforcement actions for an infraction would be prosecuted under
the appropriate statutes or regulations governing that infraction. The
prohibition against catching or harvesting marine organisms would
include a rebuttable presumption that any marine organism or part
thereof found in the possession of a person within the research area
has been collected from the research area.
D. Permitting
If adopted, a research area in the southern portion of the
sanctuary would provide researchers a valuable opportunity to discern
between human-induced and natural changes in the Gray's Reef area.
Researchers would be required to obtain permits to conduct activities
related to research that would otherwise be prohibited by the
regulations.
The ONMS regulations, including the regulations for the GRNMS,
allow NOAA to issue permits to conduct activities that would otherwise
be prohibited by the regulations (15 CFR 922 and 922.93). Most permits
are issued by the Superintendent of the GRNMS. Requirements for filing
permit applications are specified in ONMS regulations and the Office of
Management and Budget-approved application guidelines (OMB control
number 0648-0141). Criteria for reviewing permit applications are also
contained in the ONMS regulations at 15 CFR 922.93. In general, permits
may be issued for activities related to scientific research, education,
and management.
IV. Classification
A. National Marine Sanctuaries Act
Section 301(b) of the National Marine Sanctuaries Act (NMSA; 16
U.S.C. 1434) provides authority for comprehensive and coordinated
conservation and management of national marine sanctuaries in
coordination with other resource management authorities. Section
304(a)(4) of the NMSA requires the procedures specified in section 304
for designating a national marine sanctuary be followed for modifying
any term of designation. This action proposes to revise the terms of
designation (e.g., scope of regulations) for the GRNMS. Therefore, NOAA
is required to comply with Section 304. In addition, Section 304(a)(5)
of the NMSA requires that NOAA consult with the appropriate fishery
management council on any action proposing to regulate fishing. As
stated in the preamble above, NOAA has worked with the South Atlantic
Fishery Management Council, State of Georgia, and NOAA Fisheries
Service on this issue and all necessary requirements have been
completed. In accordance with Section 304, the appropriate documents
are being submitted to the specified Congressional committees.
B. National Environmental Policy Act
In accordance with Section 304(a)(2) of the NMSA (16 U.S.C.
1434(a)(2)), and the provisions of the National Environmental Policy
Act (NEPA; 42 U.S.C. 4321-4370(a)), a DEIS has been prepared for this
proposed action. The DEIS contains a statement of the purpose and need
for the project, description of proposed alternatives including the no
action alternative, description of the affected environment, and
evaluation and comparison of environmental consequences including
cumulative impacts. The preferred alternative incorporates the creation
of a research area in the Southern Option Boundary, and proposed
prohibition of fishing, diving, and stopping a vessel while transiting
through the research area. Copies of the DEIS are available upon
request at the address and Web site listed in the ADDRESSES section of
this rule.
C. Executive Order 12866: Regulatory Impact
Under Executive Order (E.O.) 12866, if the proposed regulations are
``significant'' as defined in section 3(f)(1), (2), (3), or (4) of the
Order, an assessment of the potential costs and benefits of the
regulatory action must be prepared and submitted to the Office of
Management and Budget. This proposed rule has been determined to be not
significant within the meaning of E.O. 12866.
D. Executive Order 13132: Federalism Assessment
All of the proposed actions would occur in the Exclusive Economic
Zone beyond state jurisdiction. There are no federalism implications as
that term is used in E.O. 13132. The changes will not preempt State
law, but will simply complement existing State authorities. In keeping
with the intent of the Order, NOAA consulted with a number of entities
within the region, the State of Georgia, and the South Atlantic Fishery
Management Council which participated in development of the research
area.
E. Regulatory Flexibility Act
In accordance with the requirements of section 603(a) of the
Regulatory Flexibility Act (RFA; 5 U.S.C. 603(a)), NOAA has prepared an
initial regulatory flexibility analysis (IRFA) describing the impact of
the proposed action on small businesses. Section 603(b) (5 U.S.C.
603(b)) requires that each IRFA contain a description of the reasons
the action is being considered, a succinct statement of the objectives
of, and legal basis for, the action, a description of and, where
feasible, an estimate of the number of small entities to which the
proposed action will apply, a description of the projected reporting,
recordkeeping and other compliance requirements of the proposed action,
including an estimate of the classes of small entities which would be
subject to the requirement and the type of professional skills
necessary for preparation of the report or record, and an
identification, to the extent practicable, of all relevant Federal
rules which may duplicate, overlap or conflict with the proposed
action.
In addition, section 603(c) (5 U.S.C. 603(c)) requires that each
IRFA contain a description of any significant alternatives to the
proposed action which accomplish the stated objectives of applicable
statutes and which minimize any significant economic impact of the
proposed action on small entities. A statement of why NOAA is
considering this action and the objectives of, and legal basis for, the
proposed rule is contained in the preamble section for the proposed
rule and is not repeated here. The analysis conducted to meet the
remaining requirements under the RFA follows.
[[Page 55697]]
Initial Regulatory Flexibility Act Analysis
The Small Business Administration has established thresholds on the
designation of businesses as ``small entities.'' A fish-harvesting
business is considered a ``small'' business if it has annual receipts
not in excess of $3.5 million (13 CFR 121.201). Sports and recreation
businesses and scenic and sightseeing transportation businesses are
considered ``small'' businesses if they have annual receipts not in
excess of $6 million (13 CFR 121.201). According to these limits, each
of the businesses listed below are considered small entities. All
analyses are based on the most recently updated and best available
information.
In 2002, a survey of charter fishing boat owners/operators was
completed. This survey identified 15 charter boats that utilize GRNMS
as one of their fishing locations. It was estimated that their 2001
total gross revenue was $1,029,000 and their total operating expenses
was $582,000 with total profit of $447,000. Converting these values to
2008 dollars using the consumer price index results in gross revenue of
$1,251,264, total operating expenses of $707,712, and total profit of
$543,552. The survey found that approximately 40 percent of their
fishing activity took place in GRNMS.
The economic impact of the five alternatives considered for this
action, and further described in the DEIS, can be estimated by
combining results from the 2002 survey with boat location analysis
completed in 2008. The results of this analysis are summarized in Table
1. The five alternatives contain a no action alternative (i.e., no
designation of a research area) and four alternatives distinguished by
different locations within the sanctuary and by varying sizes. The
Southern Boundary Option (preferred) impacts 9 percent of recreational
fishing resulting in impacts of $46K to total gross revenue and $20K to
total profit. The Optimal Scientific Boundary Option impacts 67 percent
of recreational fishing resulting in impacts of $335K to total gross
revenue and $146K to total profit. The Minimal User Impact Boundary
Option impacts 15 percent of recreational fishing resulting in impacts
of $75K to total gross revenue and $32K to total profit. The Compromise
Boundary Option impacts 35 percent of recreational fishing resulting in
impacts of $175K to total gross revenue and $76K to total profit.
This analysis assumes that all economic value associated with the
areas closed is lost. Any factor that could mitigate or off-set the
level of impact is not addressed. The estimated impacts are thought of
as ``maximum potential losses'' because impacted businesses may take
action to at least mitigate or off-set most losses (i.e., by conducting
charter operations somewhere nearby).
Table 1--Estimated Economic Impacts to Recreational Charter Fishing
Businesses by Alternative, in 2008 $
------------------------------------------------------------------------
Total impact
Alternative Percent to gross Total impact
impact revenue to profit
------------------------------------------------------------------------
No Action.................... 0 .............. ..............
Southern Boundary Options 9 46,047 20,003
(preferred).................
Optimal Scientific Boundary 67 335,339 145,672
Option......................
Minimal User Impact Boundary 15 75,076 32,613
Option......................
Compromise Boundary Option... 35 175,177 76,097
------------------------------------------------------------------------
No economic impact is expected to result to recreational charter
diving businesses because there appear to be none currently operating
within the sanctuary. In September 2007, in-person interviews were
conducted with all businesses and organizations offering scuba diving
trips along the Georgia coast. Four charter scuba operations and one
scuba diving club were identified and interviewed. The interviews
gathered information that included operating profiles, preferred diving
locations and methods, detailed business data (revenue and costs), and
general opinions of the current state of scuba diving and spearfishing
off the Georgia coast. None of the businesses offer scuba diving trips
to GRNMS.
F. Paperwork Reduction Act
This rule contains a collection-of-information requirement subject
to the Paperwork Reduction Act (PRA) which has been approved by OMB
under control number 0648-0141. The public reporting burden for
national marine sanctuary permits is estimated to average 1 hour per
response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information.
Nationwide, NOAA issues approximately 200 national marine sanctuary
permits each year. Of this amount, three permits are active for
research activities within the GRNMS. Even though this proposed rule
may result in a few additional permits applications for scientific
research at GRNMS, this rule would not appreciably change the average
annual number of respondents or the reporting burden for this
information requirement. Therefore, NOAA has determined that the
proposed regulations do not necessitate a modification to its
information collection approval by the Office of Management and Budget
under the Paperwork Reduction Act.
Send comments regarding this burden estimate, or any other aspect
of this data collection, including suggestions for reducing the burden,
to NOAA (see ADDRESSES) and by e-mail to [email protected], or
fax to (202) 395-7285. Notwithstanding any other provision of the law,
no person is required to respond to, nor shall any person be subject to
a penalty for failure to comply with, a collection of information
subject to the requirements of the PRA, unless that collection of
information displays a currently valid OMB Control Number.
List of Subjects in 15 CFR Part 922
Administrative practice and procedure, Coastal zone, Education,
Environmental protection, Marine resources, Natural resources,
Penalties, Recreation and recreation areas, Reporting and recordkeeping
requirements, Research.
Dated: September 3, 2010.
Holly Bamford,
Acting Deputy Assistant Administrator for Ocean Services and Coastal
Zone Management.
Accordingly, for the reasons set forth above, 15 CFR part 922 is
proposed to be amended as follows:
[[Page 55698]]
PART 922--NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS
1. The authority citation for Part 922 continues to read as
follows:
Authority: 16 U.S.C. 1431 et seq.
2. In Sec. 922.92, revise the section heading to read as follows:
Sec. 922.92 Prohibited or otherwise regulated activities--Sanctuary-
wide.
* * * * *
3. In Sec. 922.93, revise paragraph (a) to read as follows:
Sec. 922.93 Permit procedures and criteria.
(a) A person may conduct an activity prohibited by Sec.
922.92(a)(1) through (a)(10) and Sec. 922.94 if conducted in
accordance within the scope, purpose, manner, terms and conditions of a
permit issued under this section and Sec. 922.48.
* * * * *
4. Add Sec. 922.94 to Subpart I to read as follows:
Sec. 922.94 Prohibited or otherwise regulated activities--Research
area.
In addition to the prohibitions set out in Sec. 922.92, which
apply throughout the Sanctuary, the following activities are prohibited
and thus unlawful for any person to conduct or cause to be conducted
within the research area described in Appendix A to this subpart. The
exceptions described in Sec. 922.92(a) and (b) also apply to the
prohibitions in this section:
(a)(1)(i) Injuring, catching, harvesting, or collecting, or
attempting to injure, catch, harvest, or collect, any marine organism,
or any part thereof, living or dead.
(ii) There shall be a rebuttable presumption that any marine
organism or part thereof referenced in this paragraph found in the
possession of a person within the research area has been collected from
the research area.
(2) Using any fishing gear or means for fishing, or possessing, or
carrying any fishing gear or means for fishing unless such gear or
means is stowed and not available for immediate use while on board a
vessel transiting through the research area without interruption or for
valid law enforcement purposes.
(3) Diving.
(4) Stopping a vessel in the research area.
(b) [Reserved]
5. Add Appendix A to Subpart I to read as follows:
Appendix A to Subpart I of Part 922--Gray's Reef National Marine
Sanctuary Research Area Boundary Coordinates
[Coordinates listed in this Appendix are unprojected (Geographic)
and based on the North American Datum of 1983.]
The research area boundary is defined by the coordinates
provided in Table 1 and the following textual description. The
research area boundary extends from Point 1, the southwest corner of
the sanctuary, to Point 2 along a straight line following the
western boundary of the Sanctuary. It then extends along a straight
line from Point 2 to Point 3, which is on the eastern boundary of
GRNMS. The boundary then follows the eastern boundary line of the
sanctuary southward until it intersects the line of the southern
boundary of GRNMS at Point 4, the southeastern corner of the
sanctuary. The last straight line is defined by connecting Point 4
and Point 5, along the southern boundary of the GRNMS.
Table 1--Coordinates for the Research Area
------------------------------------------------------------------------
Point ID Latitude (north) Longitude (west)
------------------------------------------------------------------------
1................. 31.36250 N............... -80.92111 W
2................. 31.38444 N............... -80.92111 W
3................. 31.38444 N............... -80.82806 W
4................. 31.36250 N............... -80.82806 W
5................. 31.36250 N............... -80.92111 W
------------------------------------------------------------------------
[FR Doc. 2010-22567 Filed 9-10-10; 11:15 am]
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