46134 Federal Register / Vol. 71, No. 155 / Friday, August 11, 2006 / Proposed Rules 

05–ANM–3) and be submitted in 

triplicate to the Docket Management 

System (see ADDRESSES section for 

address and phone number). 

You may also submit comments 

through the Internet at http:// 

dms.dot.gov. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2005–20381 and 

Airspace Docket No. 05–ANM–3.’’ The 

postcard will be date/time stamped and 

returned to the commenter. 

All communications received on or 

before the specified closing date for 

comments will be considered before 

taking action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

closing date for comments. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of NPRM’s 

An electronic copy of this document 

may be downloaded through the 

Internet at http://dms.dot.gov. Recently 

published rulemaking documents can 

also be accessed through the FAA’s Web 

page at http://www.faa.gov or the 

Federal Register’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

You may review the public docket 

containing the proposal, any comments 

received, and any final dispositions in 

person in the Dockets Office (see 

ADDRESSES section for address and 

phone number) between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. An informal docket 

may also be examined during normal 

business hours at the office of the 

Regional Air Traffic Division, Federal 

Aviation Administration, Air Traffic 

Organization, Western En Route and 

Oceanic Service Area Office, Airspace 

Branch, 1601 Lind Avenue, SW., 

Renton, WA 98057. 

Persons interested in being placed on 

a mailing list for future NPRM’s should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

The Proposal 

The FAA is proposing to amend Title 

14 Code of Federal Regulations (14 CFR) 

part 71 by revising Class E airspace at 

Gillette-Campbell County Airport, 

Gillette, WY. The establishment of a 

new RNAV GPS SIAP requires 

additional controlled airspace. 

Additional controlled airspace 

extending upward from 1,200 feet above 

the surface of the earth is necessary for 

the safety of IFR aircraft executing the 

new RNAV GPS SIAPs at GilletteCampbell County Airport. Controlled 

airspace is necessary where there is a 

requirement for IFR services, which 

include arrival, departure, and 

transitioning to/from the terminal or en 

route environment. 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order 7400.9N, dated September 1, 

2005, and effective September 15, 2005, 

which is incorporated by reference in 14 

CFR 71.1. The Class E airspace 

designation listed in this document will 

be published subsequently in the Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 

Therefore, this proposed regulation: (1) 

Is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this proposed rule, 

when promulgated, would not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, the Federal 

Aviation Administration proposes to 

amend 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of the FAA Order 7400.9N, 

Airspace Designations and Reporting 

Points, dated September 1, 2005, and 

effective September 15, 2005, is 

amended as follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ANM WY E5 Gillette, WY [Revised] 

Gillette-Campbell County Airport, WY 

(Lat. 44°20′56′′ N., long. 105°32′22′′ W.) 

Gillette VOR/DME 

(Lat. 44°20′52′′ N., long. 105°32′37′′ W.) 

That airspace extending upward from 700 

feet above the surface of the earth within 6.1 

miles east and 8.3 miles west of the Gillette 

VOR/DME 176° and 356° radials extending 

from 15.3 miles south to 16.1 miles north of 

the VOR/DME; that airspace extending 

upward from 1200 feet above the surface of 

the earth bounded by a line beginning at lat. 

44°47′00′′ N., long. 106°22′32′′ W.; to lat. 

44°23′00′′ N., long. 106°22′32′′ W.; to lat. 

44°16′00′′ N., long. 105°58′02′′ W.; to lat. 

44°05′00′′ N., long. 106°00′02′′ W.; to lat. 

43°49′15′′ N., long. 106°09′32′′ W.; to lat. 

43°39′00′′ N., long. 106°00′02′′ W.; to lat. 

43°39′00′′ N., long. 105°09′02′′ W.; to lat. 

44°08′30′′ N., long. 105°09′00′′ W.; to lat. 

44°01′00′′ N., long. 104°51′02′′ W.; to lat. 

44°30′00′′ N., long. 104°41′02′′ W.; to lat. 

44°39′00′′ N., long. 105°20′00′′ W.; to lat. 

44°55′00′′ N., long. 105°20′00′′ W.; to lat. 

44°55′00′′ N., long. 105°55′00′′ W.; to lat. 

44°43′30′′ N., long. 105°55′00′′ W.; thence to 

point of beginning. 

* * * * * 

Issued in Seattle, Washington, on July 19, 

2006. 

John Warner, 

Manager, Planning and Requirements, 

Western Service Area. 

[FR Doc. E6–13202 Filed 8–10–06; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 922 

[Docket No. 060707188–6188–01] 

RIN 0648–AT18 

Consideration of Marine Reserves and 

Marine Conservation Areas Within the 

Channel Islands National Marine 

Sanctuary 

AGENCY: National Marine Sanctuary 

Program (NMSP), National Ocean 

Service (NOS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce (DOC). 

ACTION: Proposed rule. 


jlentini on PROD1PC65 with PROPOSAL
Federal Register / Vol. 71, No. 155 / Friday, August 11, 2006 / Proposed Rules 46135 

SUMMARY: NOAA is proposing to 

establish a network of marine zones 

within the Channel Islands National 

Marine Sanctuary (CINMS or 

Sanctuary). Marine zones are discrete 

areas that have special regulations 

differing from the regulations that apply 

throughout or above the Sanctuary as a 

whole. The purpose of these proposed 

zones is to further the protection of 

Sanctuary biodiversity and complement 

an existing network established by the 

State of California in October 2002, and 

implemented in April 2003, under its 

authorities. Two types of zones are 

being proposed by this action: marine 

reserves and marine conservation areas. 

All extractive activities (e.g., removal of 

any Sanctuary resource) and injury to 

Sanctuary resources would be 

prohibited in all zones of the Sanctuary 

designated as marine reserves. Certain 

lobster fishing and recreational fishing 

for pelagic species would be allowed 

within zones of the Sanctuary 

designated as marine conservation 

areas, while all other extraction and 

injury would be prohibited. The CINMS 

is approximately 1268 square nautical 

miles. The proposed action would 

establish approximately 232 square 

nautical miles of marine reserves and 

8.6 square nautical miles of marine 

conservation areas in the state and 

federal waters of the Sanctuary. As part 

of this action, NOAA is also proposing 

to modify the terms of designation for 

the Sanctuary, which were originally 

published on October 2, 1980 (45 FR 

65198), to allow for the regulation of 

extractive activities, including fishing, 

in the proposed marine reserves and 

marine conservation areas, and a slight 

modification to the outer boundary of 

the CINMS. 

DATES: Comments must be received by 

October 10, 2006. 

Dates for public hearings are: 

1. September 26, 2006, 6:15 p.m. to 9 

p.m., Ventura, California. 

2. September 28, 2006, 6:15 p.m. to 9 

p.m., Santa Barbara, California. 

Please refer to ADDRESSES for 

additional information on the public 

hearings. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• E-mail: 

CINMSReserves.DEIS@noaa.gov. 

Include in the subject line the following 

document identifier: Proposed marine 

reserves in CINMS. 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Sean Hastings, Channel 

Islands National Marine Sanctuary, 113 

Harbor Way, Suite 150, Santa Barbara, 

CA 93109. 

Copies of the draft environmental 

impact statement, regulatory impact 

review, and initial regulatory flexibility 

analyses may be obtained from NOAA’s 

Channel Islands National Marine 

Sanctuary web site at http:// 

channelislands.noaa.gov/ or by writing 

to Sean Hastings, Resource Protection 

Coordinator, Channel Islands National 

Marine Sanctuary,113 Harbor Way, 

Suite 150, Santa Barbara, CA 93109; email: Sean.Hastings@noaa.gov. 

Hearings: The hearing on Tuesday, 

September 26, 2006, 6:15–9 pm will be 

held in the Sheraton Four Points Hotel, 

San Buenaventura Ballroom, 1050 

Schooner Drive, Ventura, California. 

The hearing on Thursday, September 

28, 2006, 6:15–9 pm will be held at the 

Earl Warren Showgrounds, Exhibit 

Building, 3400 Calle Real, Santa 

Barbara, California 

Paperwork Burden: Written comments 

regarding the burden-hour estimates or 

other aspects of the collection-ofinformation requirements contained in 

this proposed rule may be submitted to 

David Bizot, National Permit 

Coordinator, 1305 East West Highway, 

Silver Spring, MD 20910 and by e-mail 

to David_Rostker@omb.eop.gov, or fax 

to (202) 395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Sean Hastings, (805) 884–1472; e-mail: 

Sean.Hastings@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Channel Islands National Marine 

Sanctuary 

The CINMS area is approximately 

1,252.5 square nautical miles adjacent to 

the following islands and offshore rocks: 

San Miguel Island, Santa Cruz Island, 

Santa Rosa Island, Anacapa Island, 

Santa Barbara Island, Richardson Rock, 

and Castle Rock (collectively the 

Channel Islands), extending seaward to 

a distance of approximately 6 nautical 

miles. NOAA designated the CINMS in 

1980 to protect the area’s rich and 

diverse range of marine life and 

habitats, unique and productive 

oceanographic processes and 

ecosystems, and culturally significant 

resources (see 45 FR 65198). The 

Sanctuary was designated pursuant to 

NOAA’s authority under the National 

Marine Sanctuaries Act (NMSA; 16 

U.S.C. 1431 et seq.). There are 

significant human uses in the Sanctuary 

as well, including commercial and 

recreational fishing, marine wildlife 

viewing, boating and other recreational 

activities, research and monitoring 

activities, numerous educational 

activities, and maritime shipping. 

The waters surrounding California’s 

Channel Islands represent a globally 

unique and diverse assemblage of 

habitats and species. This region is a 

subset of the larger ecosystem of the 

Southern California Bight, an area 

bounded by Point Conception in the 

north and Punta Banda, Mexico in the 

south. In the area between Santa Barbara 

Island in the south and San Miguel 

Island in the northwest, the colder 

waters of the Oregonian oceanic 

province in the north converge and mix 

with the warmer waters of the 

Californian oceanic province. Each of 

these two provinces has unique oceanic 

conditions and species assemblages, 

which in turn are parts of distinct 

biogeographic regions. The mixing of 

these two provinces in the vicinity of 

the Channel Islands creates a transition 

zone within the island chain. Upwelling 

and ocean currents in the area create a 

nutrient rich environment that supports 

high species and habitat diversity. 

In the Southern California Bight, 

marine resources have declined under 

pressure from a variety of factors, 

including commercial and recreational 

fishing, changes in oceanographic 

conditions associated with El Nin ̃ o and 

other large-scale oceanographic cycles, 

introduction of disease, and increased 

levels of pollutants. The urbanization of 

southern California has significantly 

increased the number of people visiting 

the coastal zone. The burgeoning coastal 

population has greatly increased the 

influx of human, industrial, and 

agricultural wastes to California coastal 

waters. Population growth has also 

increased human demands on the 

ocean, including commercial and 

recreational fishing, wildlife viewing 

and other activities. New technologies 

have increased the yield of sport and 

commercial fisheries. Many former 

natural refuges for targeted species, such 

as submarine canyons, submerged 

pinnacles, deep waters, and waters 

distant from harbors, can now be 

accessed due to advancements in fishing 

technology and increased fishing effort. 

The significant changes in ecological 

conditions resulting from the array of 

human activities in the Channel Islands 

region are just beginning to be 

understood. For example, many kelp 

beds have converted to urchin barrens, 

where urchins and coralline algae have 

replaced kelp as the dominant feature. 

Deep canyon and rock areas that were 

formerly rich rockfishing grounds have 

significantly reduced populations of 

larger rockfish such as cowcod and 

bocaccio. 


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In the Southern California Bight, 

commercial and recreational fisheries 

target more than 100 fish species and 

more than 20 invertebrate species. 

Targeted species have exhibited high 

variability in landings from year to year 

(e.g., squid) and in several cases have 

declined to the point that the fishery has 

had to be shut down (e.g., abalone). 

Many targeted species are considered 

overfished and one previously targeted 

species (white abalone) is listed as 

endangered. Excessive bycatch has 

caused declines of some non-targeted 

species. The removal of species that 

play key ecological roles, such as 

predatory fish, has altered ecosystem 

structure. Some types of fishing gear 

have caused temporary or permanent 

damage to marine habitats. The 

combination of direct take, bycatch, 

indirect effects, and habitat damage and 

destruction has contributed to a 

negative transformation of the marine 

environment around the Channel 

Islands. 

B. Marine Zoning 

For over twenty years, NOAA has 

used marine zoning as a tool in specific 

national marine sanctuaries to address a 

wide array of resource protection and 

user conflict issues. Marine zones are 

discrete areas within or above a national 

marine sanctuary that have special 

regulations that differ from the 

regulations that apply throughout or 

above the sanctuary as a whole. For 

example, marine zones are used to 

regulate the use of motorized personal 

watercraft in the Monterey Bay National 

Marine Sanctuary. Marine zones, 

including areas where all extraction is 

prohibited, have also been established 

in the Florida Keys National Marine 

Sanctuary to provide for varying levels 

of resource protection. 

NOAA has used zoning within the 

CINMS since its original designation in 

1980. For example, the CINMS 

regulations prohibit: 

1. Cargo vessels from coming within 

1 nautical mile of any island in the 

CINMS; 

2. Disturbance of marine mammals or 

seabirds by flying aircraft below 1,000 

feet within 1 nautical mile of any island 

within the CINMS; and 

3. Construction upon or drilling into 

the seabed within 1 nautical mile of any 

island in the CINMS. 

In addition to NOAA, other federal 

and state agencies have also established 

marine zones wholly or partially within 

the Sanctuary (e.g., California 

Department of Fish and Game, National 

Park Service). In 1978, commercial and 

recreational fishing was prohibited by 

the State of California in one small 

marine protected area of the Channel 

Islands, the Anacapa Island Ecological 

Reserve. The International Maritime 

Organization has designated a voluntary 

vessel traffic separation scheme to guide 

large vessel traffic running through the 

Santa Barbara Channel. The National 

Park Service (NPS) has established 

several zoned areas within the Channel 

Islands National Park for different 

public uses, principally to protect 

seabird colonies and marine mammal 

haul outs. More recently, the NPS is 

instituting a new zoning approach to 

managing park lands, coasts, and 

adjacent waters. 

Due to historic lows in the stocks of 

certain rockfish (e.g., cowcod and 

bocaccio), in 2001 the Pacific Fishery 

Management Council (PFMC) took 

emergency action and established large 

bottom closures to rebuild these stocks. 

NOAA implemented the Cowcod 

Conservation Area regulations on 

January 1, 2001 (66 FR 2338) and the 

Rockfish Conservation Area emergency 

regulations on September 13, 2002 (67 

FR 57973). The Cowcod Conservation 

Area and the California Rockfish 

Conservation Area overlay Sanctuary 

waters. Finally, in 2002, the California 

Fish and Game Commission 

(Commission) authorized the 

establishment of marine reserves and 

marine conservation areas within the 

Sanctuary that prohibit or limit the take 

of living, geological or cultural marine 

resources. 

C. Channel Islands Marine Reserves 

Process, 1999–2003 

The NMSA requires NOAA to 

periodically review the management 

plan and regulations for each national 

marine sanctuary and to revise them, as 

necessary, to fulfill the purposes and 

policies of the NMSA (16 U.S.C. 

1434(e)). NOAA began the process to 

review the CINMS management plan 

and regulations in 1999. Through the 

scoping process, many members of the 

public voiced concern over the state of 

biodiversity in the CINMS and called for 

fully protected (i.e., no-take) zones to be 

established. 

In response to concerns about changes 

in the ecosystem and comments raised 

during the management plan scoping 

process, NOAA and the California 

Department of Fish and Game (CDFG) 

developed a Federal-State partnership to 

consider the establishment of marine 

reserves in the Sanctuary. 

Since the marine reserves process is 

inherently complex, and is a standalone action that is programmatically 

independent of and severable from the 

more general suite of actions 

contemplated in the management plan 

review process, NOAA decided to 

separate the process to consider marine 

reserves from the larger CINMS 

management plan review process. The 

draft management plan and DEIS for the 

management plan review were released 

for public comment on May 19, 2006 (71 

FR 29148). NOAA also published a 

proposed rule to implement the 

management plan review process on 

May 19, 2006 (71 FR 29096). Please see 

http://channelislands.noaa.gov for more 

information. 

The CINMS Advisory Council, a 

federal advisory board of local 

community representatives and federal, 

state and local government agency 

representatives, created a multistakeholder Marine Reserves Working 

Group (MRWG) to seek agreement on a 

recommendation regarding the potential 

establishment of marine reserves within 

the Sanctuary. The CINMS Advisory 

Council also designated a Science 

Advisory Panel of recognized experts 

and a NOAA-led Socio-economic Team 

to support the MRWG in its 

deliberations. 

Extensive scientific, social, and 

economic data were collected in support 

of the marine reserves assessment 

process. From July 1999 to May 2001, 

the MRWG met monthly to receive, 

weigh, and integrate advice from 

technical advisors and the public. The 

MRWG reached consensus on a set of 

ground rules, a mission statement, a 

problem statement, a list of species of 

interest, and a comprehensive suite of 

implementation recommendations. The 

MRWG found that in order to protect, 

maintain, restore, and enhance living 

marine resources, it is necessary to 

develop new management strategies that 

encompass an ecosystem perspective 

and promote collaboration between 

competing interests. A set of goals were 

also agreed upon by the MRWG: 

1. To protect representative and 

unique marine habitats, ecological 

processes, and populations of interest. 

2. To maintain long-term 

socioeconomic viability while 

minimizing short-term socioeconomic 

losses to all users and dependent 

parties. 

3. To achieve sustainable fisheries by 

integrating marine reserves into 

fisheries management. 

4. To maintain areas for visitor, 

spiritual, and recreational opportunities 

which include cultural and ecological 

features and their associated values. 

5. To foster stewardship of the marine 

environment by providing educational 

opportunities to increase awareness and 

encourage responsible use of resources. 

The MRWG developed over 40 

different designs for potential marine 


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reserves and evaluated the ecological 

value and potential economic impact of 

each design. To do so, members of the 

MRWG contributed their own expertise 

to modify designs or generate 

alternatives and utilized a geospatial 

tool, known as the Channel Islands 

Spatial Support and Analysis Tool (CI–

SSAT; Killpack et al. 2000). CI–SSAT 

provided opportunities for 

visualization, manipulation, and 

analysis of data for the purpose of 

designing marine reserves. 

After months of deliberation, a 

consensus design could not be reached 

and the MRWG selected two designs to 

represent the diverse views of the group. 

These designs depict the best effort that 

each MRWG representative could 

propose. Ultimately, the CINMS 

Advisory Council provided the MRWG’s 

two designs, as well as all of the 

supporting information developed 

during the process, including 

background scientific and economic 

information, to NOAA and the CDFG for 

consideration and action. 

Based on this information and 

additional internal agency analysis, 

NOAA and the CDFG crafted a draft 

reserve network and sent it to the 

CINMS Advisory Council and the 

former MRWG, Science Panel and 

Socio-Economic Team members seeking 

further input. The draft reserve network 

was also published in local papers and 

on the CINMS Web site to solicit input 

from the general public. Several 

meetings were held with constituent 

groups, including the CINMS Advisory 

Council’s Conservation Working Group, 

Fishing Working Group and Ports and 

Harbors Working Group, to discuss the 

draft network. Following this period of 

input, the CDFG and NOAA prepared a 

recommendation for establishing a 

network of marine reserves. The 

recommendation proposed a network of 

marine reserves and marine 

conservation areas in the same general 

locations as the MRWG Composite Map. 

The composite map was forwarded to 

the SAC and represented two versions 

of a reserve network, one version from 

consumptive interests and the other 

from non-consumptive interests. These 

two versions were overlaid on one map, 

and depicted a number of areas that the 

constituent groups agreed upon. This 

recommendation became the basis for 

the preferred alternative in the State’s 

California Environmental Quality Act 

(CEQA) environmental review process. 

D. Establishment of State Reserves in 

the CINMS 

Due to the fact that the proposed 

network spanned both State and Federal 

waters, NOAA and the CDFG 

determined the implementation of the 

recommendation would need to be 

divided into a State phase and a Federal 

phase. State waters extend from the 

shore to a distance of three nautical 

miles. Federal waters extend beyond the 

limit of State waters to the extent of the 

exclusive economic zone, with the outer 

boundary of the CINMS at a distance of 

approximately six nautical miles from 

shore. The State phase was to be 

considered by the Commission under its 

authorities. 

The CDFG completed an 

environmental review under the 

requirements of CEQA resulting in the 

publication of an environmental 

document. The draft environmental 

document (ED) was released for public 

comment on May 30, 2002. Comments 

were accepted for an extended period 

until September 1, 2002. The 

Commission and CDFG received 2,492 

letters, e-mails and oral comments. Of 

this total, 2,445 were form letters that 

made identical comments. 

The Commission certified the final ED 

on October 23, 2002. At this same 

meeting, the Commission approved the 

CDFG’s preferred alternative. The CDFG 

published final regulations 

implementing the State phase in January 

2003. As part of its implementation, the 

CDFG acknowledged the need for 

NOAA to implement the proposed 

action in Federal waters of the CINMS. 

E. Federal Marine Reserves Process 

Following the publication of the 

CDFG’s final regulations in 2003, 

NOAA’s NMSP initiated the Federal 

marine reserves process, and hosted 

scoping meetings with the general 

public, the CINMS Advisory Council, 

and PFMC. In 2004, the NMSP released 

a preliminary environmental document 

with a range of alternatives for public 

review. In 2005, the NMSP consulted 

with local, State, and Federal agencies 

and the PFMC on possible amendments 

to the CINMS designation document 

pursuant to section 303(b)(2) of the 

NMSA (16 U.S.C. 1433(b)(2)). In 

addition, in 2005 the NMSP provided 

the PFMC with the opportunity to 

prepare draft sanctuary fishing 

regulations pursuant to section 304(a)(5) 

of the NMSA (16 U.S.C. 1434(a)(5)) for 

the potential establishment of marine 

reserves and marine conservation areas. 

In its response to NOAA’s letter 

regarding draft sanctuary fishing 

regulations, the PFMC stated its support 

for NOAA’s goals and objectives for 

marine zones in the CINMS but 

recommended that NOAA issue fishing 

regulations under the MagnusonStevens Fishery Conservation and 

Management Act (MSA) and the 

relevant authorities of the states of 

California, Oregon, and Washington 

rather than under the NMSA. To that 

end, and in accordance with advice 

from the NOAA Administrator in his 

October 19, 2005 letter to the PFMC, the 

PFMC recommended the Channel 

Islands marine zones in federal waters 

be designated as Essential Fish Habitat 

and Habitat Areas of Particular Concern 

with corresponding management 

measures to prohibit the use of bottom 

contact gear under Amendment 19 of 

the Groundfish Fishery Management 

Plan. To complete the process of 

addressing closure of the remaining 

aspect of the marine zones (i.e., in the 

water column) the PFMC stated its 

intent to pursue those closures through 

other fishery management plan 

authorities and complementary State 

laws. 

NOAA reviewed the PFMC’s 

recommendations and determined that 

by themselves they did not have the 

specificity or record to support the use 

of the MSA or State laws to establish 

limited take or no-take zones in the 

water column and thereby did not fulfill 

NOAA’s goals and objectives for these 

marine zones in the CINMS. However, 

Amendment 19 to the Groundfish 

Fishery Management Plan would 

implement, in part, the proposed marine 

zones by prohibiting all bottom contact 

gear in the proposed zones. 

Accordingly, the NMSA regulations 

proposed here would prohibit the take 

of resources from the proposed zones 

not prohibited by the Amendment 19 

regulations. Further, these NMSA 

regulations would ensure that, should 

future changes to the MSA regulations 

alter the management regime 

established in Amendment 19, the take 

of all Sanctuary resources would 

continue to be regulated pursuant to the 

Sanctuary’s limited-take or no-take 

prohibitions. Thus, along with 

Amendment 19, the proposed NMSA 

regulations would establish 

comprehensive limited-take and no-take 

zones in the CINMS in a manner that 

fulfills NOAA’s goals and objectives for 

these marine zones in the CINMS. 

II. Summary of Draft Environmental 

Impact Statement 

In addition to this proposed rule, a 

draft environmental impact statement 

(DEIS) was prepared for the 

consideration of marine reserves and 

marine conservation areas within the 

Sanctuary. The DEIS was prepared in 

accordance with the NMSA and 

National Environmental Policy Act of 

1969 (NEPA) requirements. The DEIS 

contains a statement of the purpose and 

need for the project, description of 


jlentini on PROD1PC65 with PROPOSAL
46138 Federal Register / Vol. 71, No. 155 / Friday, August 11, 2006 / Proposed Rules 

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 network of marine 

reserves and marine conservation areas 

originally identified for the Federal 

phase in the Commission’s CEQA 

document. 

III. Proposed Revised Designation 

Document 

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 proposed action, the 

CINMS Designation Document, 

originally published in the Federal 

Register on October 2, 1980 (45 FR 

65198), is proposed to be modified as 

follows (new text in bold and deleted 

text in brackets and italics]: 

1. No change to Article 1, Effect of 

Designation. 

2. Article 2, Description of the Area, 

is modified by revising it to read: 

‘‘Article 2. Description of the Area 

‘‘The Sanctuary consists of an area of 

the waters off the coast of California, of 

approximately [1252.5] 1268 square 

nautical miles (nmi) adjacent to the 

northern Channel Islands and Santa 

Barbara Island seaward to a distance of 

approximately 6 nmi. The precise 

boundaries are defined by regulation.’’

3. No change to Article 3, 

Characteristics of the Area that Give it 

Particular Value. 

4. Article 4, Scope of Regulation, is 

modified by adding the following at the 

end of Section 1: 

‘‘g. Within a marine reserve, marine 

park, or marine conservation area, 

harvesting, removing, taking, injuring, 

destroying, possessing, collecting, 

moving, or causing the loss of any 

living or dead organism, historical 

resource, or any other Sanctuary 

resource, or attempting any of these 

activities. 

‘‘h. Within a marine reserve, marine 

park, or marine conservation area, 

possessing fishing gear.’’

5. Article 5, Relation to Other 

Regulatory Programs, is modified by 

revising the first sentence of Section 1 

to read: 

‘‘Section 1. Fishing. The regulation of 

fishing is not authorized under Article 

4, except within portions of the 

Sanctuary designated as marine 

reserves, marine parks, or marine 

conservation areas established 

pursuant to the goals and objectives of 

the Sanctuary and within the scope of 

the State of California’s Final 

Environmental Document ‘‘Marine 

Protected Areas in NOAA’s Channel 

Islands National Marine Sanctuary’’

(California Department of Fish and 

Game, October 2002), certified by the 

California Fish and Game 

Commission.’’

6. No change to Article 6, Alteration 

to this Designation. 

IV. Summary of Proposed Regulations 

The proposed regulations would 

implement NOAA’s preferred 

alternative in the establishment of 

marine reserves and marine 

conservation areas within the CINMS. 

The proposed regulations would define 

two new terms (pelagic finfish and 

stowed and not available for immediate 

use), prohibit injuring Sanctuary 

resources, prohibit all extractive 

activities within the marine reserves, 

and prohibit all extractive activities 

within the marine conservation areas 

except recreational fishing for pelagic 

finfish, and commercial and recreational 

lobster fishing in the Anacapa Island 

Marine Conservation Area, and 

recreational lobster fishing in the 

Painted Cave Marine Conservation Area. 

The proposed regulations would also 

add two new appendices that list the 

boundary coordinates for the proposed 

marine reserves and marine 

conservation areas. The proposed 

regulations would modify subpart G of 

the National Marine Sanctuary Program 

Regulations (15 CFR part 922), the 

regulations for the Channel Islands 

National Marine Sanctuary. 

A. Establishment of Marine Reserves 

and Marine Conservation Areas 

The proposed regulations would 

establish under the NMSA eleven 

marine reserves and two marine 

conservation areas within the CINMS. 

Refer to figure 1 for a map depicting the 

locations of the marine reserves and 

marine conservation areas. The marine 

reserves would be distributed 

throughout the CINMS and extend 

slightly beyond the current boundaries 

of the CINMS in four locations. The 

total size of the CINMS would increase 

from 1252 square nautical miles to 1268 

square nautical miles, an increase of 16 

square nautical miles. The boundaries of 

the marine reserves and marine 

conservation areas would be consistent 

with the marine reserves and marine 

conservation areas established by the 

Commission in 2002 in State waters and 

extend most of them into Federal waters 

of the Sanctuary. 


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Under the proposed regulations, 

NOAA would establish three marine 

reserves in the area around San Miguel 

Island, three around Santa Rosa Island, 

two around Santa Cruz Island, two 

around Anacapa Island, and one around 

Santa Barbara Island. The marine 

conservation areas would be established 

in the areas around Santa Cruz and 

Anacapa Islands. 

The total area that would be 

designated marine reserves under the 

proposed regulation would be 232.5 

square nautical miles. The marine 

conservation areas would encompass an 

additional 8.6 square nautical miles. 

B. Activities Prohibited Within the 

Marine Reserves 

Under the proposed regulations, 

NOAA would prohibit any harvesting, 

removing, taking, injuring, destroying, 

collecting, moving, or causing the loss 

of any living or dead organism, 

historical resource, or any other 

Sanctuary resource, or attempting to do 

so, within any of the marine reserves. 

The term ‘‘sanctuary resource’’ is 

broadly defined in the NMSP 

regulations at 15 CFR 922.3 and means 

any living or non-living resource that 

contributes to the conservation, 

recreational, ecological, historical, 

scientific, educational, or aesthetic 

value of the Sanctuary. For the CINMS, 

the term ‘‘Sanctuary resource’’ includes, 

for example, the seafloor and all animals 

and plants of the Sanctuary. It also 

includes historical resources (which, 

pursuant to 15 CFR 922.3, include 

cultural and archeological resources), 

such as shipwrecks and Native 

American remains. In addition, to 

enhance compliance and aid in 

enforcement, the proposed regulations 

would also prohibit possessing fishing 

gear and Sanctuary resources inside a 

marine reserve, except in certain 

circumstances. The proposed 

regulations would allow possession of 

legally harvested fish stowed on a vessel 

at anchor in or transiting through a 

marine reserve and would also allow the 

possession of stowed fishing gear, 

provided the gear is not available for 

immediate use. 

The proposed regulations prohibit 

only those extractive activities within 

marine reserves that are not prohibited 

by 50 CFR part 660, the NOAA 

regulations that govern ‘‘Fisheries off 

West Coast States’’ (NOAA fisheries 

regulations). Therefore, if an extractive 

activity is prohibited by NOAA fishing 

regulations, it is not prohibited by the 

proposed regulation. Conversely, all 

extractive activities not prohibited by 

NOAA fisheries regulations would be 

prohibited by the proposed regulations 

within marine reserves. In the future, if 

NOAA were to amend the NOAA 

fisheries regulations to prohibit 

additional extractive activities for MSA 

reasons, that rulemaking would also 

propose for comment those activities 

that would be no longer within the 

scope of this NMSA regulation. 

Regardless of the specific regulatory 

mechanism, the intended result of this 

proposed rule is for all extractive 

activities to be prohibited within the 

proposed marine reserves. 

C. Activities Prohibited Within the 

Marine Conservation Areas 

The proposed regulations would 

prohibit the same activities within the 

marine conservation areas as within the 

marine reserves except that lobster 

fishing and recreational fishing for 


jlentini on PROD1PC65 with PROPOSALEP11AU06.000</GPH>
46140 Federal Register / Vol. 71, No. 155 / Friday, August 11, 2006 / Proposed Rules 

pelagic finfish would be allowed. Both 

commercial lobster fishing and 

recreational lobster fishing would be 

allowed in the marine conservation area 

at Anacapa Island. Recreational lobster 

fishing would be allowed in the marine 

conservation area at Santa Cruz Island. 

Commercial lobster fishing would not 

be allowed in the marine conservation 

area at Santa Cruz Island. Recreational 

fishing for pelagic finfish would only be 

allowed within the marine conservation 

areas. Commercial fishing for pelagic 

finfish would be prohibited within the 

marine conservation areas. 

Like the proposed regulations for 

marine reserves, the proposed 

regulations for the marine conservation 

areas would only prohibit activities that 

are not prohibited by applicable NOAA 

fisheries regulations codified at 50 CFR 

part 660. 

D. Enforcement 

The proposed regulations would be 

enforced by NOAA and other authorized 

agencies (e.g., CDFG, United States 

Coast Guard, and National Park Service) 

in a coordinated and comprehensive 

way. Enforcement actions for an 

infraction would be prosecuted under 

the appropriate statutes or regulations 

governing that infraction. The result is 

that enforcement actions may be taken 

under State of California authorities, the 

NMSA, the MSA, or other relevant legal 

authority. 

E. Permitting 

The NMSP regulations, including the 

regulations for the CINMS, allow NOAA 

to issue permits to conduct activities 

that would otherwise be prohibited by 

the regulations. Most permits are issued 

by the Superintendent of the CINMS. 

Requirements for filing permit 

applications are specified in NMSP 

regulations and the Office of 

Management and Budget-approved 

application guidelines (OMB control 

number 0648–0141). Criteria for 

reviewing permit applications are 

contained in the NMSP regulations as 

well at 15 CFR 922.48. In general, 

permits may be issued for activities 

related to scientific research, education, 

and management. Permits may also be 

issued for activities associated with the 

salvage and recovery efforts for a recent 

air or marine casualty. (Emergency 

activities would not require a permit.) 

Nationwide, NOAA issues 

approximately 200 national marine 

sanctuary permits each year. Of this 

amount, two or three are for activities 

within the CINMS. The majority of 

permits issued for activities within the 

CINMS are for activities related to 

scientific research. NOAA expects this 

trend to continue with the proposed 

regulations. Although there may be an 

increase in the number of permits 

requested for activities within the 

CINMS, NOAA does not expect this 

increase to appreciably raise the average 

number of permits issued nationwide. 

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. 

V. Miscellaneous Rulemaking 

Requirements 

A. National Marine Sanctuaries Act 

Section 304 of the NMSA (16 U.S.C. 

1434) requires the Secretary of 

Commerce in designating a sanctuary to 

submit Sanctuary designation 

documents to the United States 

Congress (Committee on Resources of 

the House of Representatives and the 

Committee on Commerce, Science, and 

Transportation of the Senate) and 

Governor of each State in which any 

part of the Sanctuary would be located. 

The designation documents are to be 

submitted on the same date this notice 

is published and must include the 

proposed terms of the designation, the 

proposed regulations, a draft 

environmental impact statement, and a 

draft management plan. The terms of 

designation may only be modified by 

the same procedures by which the 

original designation is made. In 

accordance with Section 304, the 

appropriate documents are being 

submitted to the specified Congressional 

Committees and the Governor of 

California. 

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 NEPA (42 U.S.C. 

4321–4370(a)), a draft environmental 

impact statement (DEIS) has been 

prepared for the proposed action. 

Copies of the DEIS are available upon 

request to NOAA at the address listed in 

the ADDRESSES section. 

C. Executive Order 12866: Regulatory 

Impact 

Under Executive Order 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 Executive Order 

12866. 

D. Executive Order 13132: Federalism 

The Assistant Secretary for 

Intergovernmental and Legislative 

Affairs, Department of Commerce, will 

consult with appropriate elected 

officials in the State of California, as 

appropriate. Since 1999, NOAA has 

partnered with and supported the State 

in this effort. During the Federal phase, 

NOAA has continually briefed the 

Secretary of Resources and the Director 

of California Department of Fish and 

Game. NOAA also held numerous 

consultations with all California 

resource management agencies as 

required under section 303(b)(2) of the 

NMSA. 

E. Regulatory Flexibility Act 

In accordance with the requirements 

of section 603(a) of the Regulatory 

Flexibility Act (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. The IRFA is available upon 

request to NOAA at the address listed in 

the ADDRESSES section above. A 

summary of the IRFA follows. 

Summary of the Initial Regulatory 

Flexibility Act Analysis 

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 IRFA describing 

the impact of the proposed regulations 

on small entities. A statement of why 

action by NOAA is being considered 


jlentini on PROD1PC65 with PROPOSAL
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and the objectives of, and legal basis for, 

the proposed rule is contained in the 

preamble section of the proposed rule 

and is not repeated here. 

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 2003, there were 441 commercial 

fishing operations that reported catches 

from the CINMS. Total commercial 

fishing revenue from the CINMS was 

$17.3 million in 2003. 

In 1999, there were 18 recreational 

fishing charter/party boats operating in 

the CINMS. In 1999, there were 10 

consumptive diving charter/party boats 

operating in the CINMS. Total reported 

1999 gross revenue from these 

consumptive recreational activities was 

$8.8 million. Total costs for 1999 were 

reported at $8.4 million. After all costs 

were paid, the consumptive recreational 

activities resulted in $420,000 in profit. 

In 1999, there were 8 whale watching 

operations, 7 non-consumptive diving 

operations, 4 operations that offered 

kayaking or island sightseeing activities, 

and 8 sailing operations, within the 

CINMS. Total reported 1999 gross 

revenue from these non-consumptive 

recreational activities was $2.6 million. 

Total costs for 1999 were reported at 

$2.5 million. After all costs were paid, 

the non-consumptive recreational 

activities resulted in $82,000 in profit. 

Two alternatives plus a no-action 

alternative were considered. The no 

action (status quo) alternative would not 

establish marine reserves and marine 

conservation areas in the Sanctuary. 

Therefore there is no economic impact. 

Alternative 1, the proposed 

alternative, including both the existing 

state network and proposed extensions, 

would include approximately 232.5 

square nautical miles of marine reserves 

and 8.6 square nautical miles of marine 

conservation areas for a total of 241.1 

square nautical miles of the CINMS. The 

new proposed federal areas of 

alternative 1 potentially impact 0.51% 

(approximately $124,000) of ex vessel 

value of commercial catch in the 

CINMS. The total maximum potential 

loss to the income of commercial fishing 

businesses is 0.61% ($440,000) and to 

the employment of commercial fishing 

businesses is 0.66% (13 jobs). For 

consumptive recreation in the CINMS, 

the estimated maximum potential loss 

associated with alternative 1 is $935,000 

(3.5%) in annual income and about 42 

full and part-time jobs (3.7%) in the 

local county economies. For nonconsumptive recreation in the CINMS, 

the estimated range of potential 

increases in income generated in the 

local county economies associated with 

alternative 1 is between $337 and about 

$380,000. The estimated range of 

potential increases in employment in 

the local county economies is between 

0.02 and 19 full and part-time jobs. 

Alternative 2, including both the 

existing state network and proposed 

extensions, would encompass 

approximately 275.8 square nautical 

miles of marine reserves and 12.1 square 

nautical miles of marine conservation 

areas for a total of 287.8 square nautical 

miles of the CINMS. Alternative 2 is 

larger than alternative 1, and proposes 

some different reserve areas not 

proposed in alternative 1. The new 

proposed federal areas of alternative 2 

potentially impact 0.82% 

(approximately $197,000) of ex vessel 

value of commercial catch in the 

CINMS. The total maximum potential 

loss to the income of commercial fishing 

businesses is 0.91% ($650,000) and to 

the employment of commercial fishing 

businesses is 0.97% (19 jobs). For 

consumptive recreation in the CINMS, 

the estimated maximum potential loss 

associated with alternative 2 is 

$1,300,000 (5.0%) in annual income and 

about 59 full and part-time jobs (5.2%) 

in the local county economies. For nonconsumptive recreation in the CINMS, 

the estimated range of potential 

increases in income generated in the 

local county economies associated with 

alternative 2 is between $748 and about 

$841,000. The estimated range of 

potential increases in employment in 

the local county economies is between 

0.04 and 44 full and part-time jobs. 

There are no new reporting, 

recordkeeping, or other compliance 

requirements. 

The CINMS lies in part within the 

area for which the PFMC is responsible 

for developing fishery management 

plans (FMPs) under the MSA. As stated 

previously, the proposed regulations 

governing fishing in the Sanctuary are 

drafted to avoid redundancy with 

regulations recommended by the PFMC 

and promulgated by NOAA under the 

MSA. 

For a more detailed analysis consult 

the IRFA, which is available upon 

request to NOAA at the address listed in 

the ADDRESSES section above. 

F. Paperwork Reduction Act 

This rule contains a collection-ofinformation 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. This rule 

would not modify the average annual 

number of respondents or the reporting 

burden for this information 

requirement, so a modification to this 

approval is not necessary. 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 

David_Rostker@omb.eop.gov, 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. 

G. Unfunded Mandates Reform Act of 

1995 

This proposed rule, if adopted as 

proposed, would contain no federal 

mandates (under the regulatory 

provisions of Title II of the Unfunded 

Mandates Reform Act of 1995 (UMRA)) 

for State, local, and tribal governments 

or the private sector. Thus, this rule is 

not subject to the requirements of 

section 202 and 205 of UMRA. 

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: August 2, 2006. 

John H. Dunnigan, 

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: 


jlentini on PROD1PC65 with PROPOSAL
46142 Federal Register / Vol. 71, No. 155 / Friday, August 11, 2006 / Proposed Rules 

PART 922—[AMENDED] 

1. The authority for part 922 

continues to read as follows: 

Authority: 16 U.S.C. 1431 et seq. 

2. Revise § 922.70 to read as follows: 

§ 922.70 Boundary. 

The Channel Islands National Marine 

Sanctuary (Sanctuary) consists of an 

area of the waters off the coast of 

California of approximately 1268 square 

nautical miles (nmi) adjacent to the 

following islands and offshore rocks: 

San Miguel Island, Santa Cruz Island, 

Santa Rosa Island, Anacapa Island, 

Santa Barbara Island, Richardson Rock, 

and Castle Rock (collectively the 

Islands) extending seaward to a distance 

of approximately six nmi. The boundary 

coordinates are listed in appendix A to 

this subpart. 

§§ 922.71 and 922.72 [Redesignated] 

3. Redesignate §§ 922.71 and 922.72 

as §§ 922.72 and 922.74, respectively. 

4. Add new § 922.71 to subpart G of 

part 922 to read as follows: 

§ 922.71 Definitions. 

In addition to those definitions found 

at § 922.3, the following definitions 

apply to this subpart: 

Pelagic finfish are defined as: 

northern anchovy (Engraulis mordax), 

barracudas (Sphyraena spp.), billfishes 

(family Istiophoridae), dolphinfish 

(Coryphaena hippurus), Pacific herring 

(Clupea pallasi), jack mackerel 

(Trachurus symmetricus), Pacific 

mackerel (Scomber japonicus), salmon 

(Oncorhynchus spp.), Pacific sardine 

(Sardinops sagax), blue shark (Prionace 

glauca), salmon shark (Lamna ditropis), 

shortfin mako shark (Isurus oxyrinchus), 

thresher sharks (Alopias spp.), 

swordfish (Xiphias gladius), tunas 

(family Scombridae), and yellowtail 

(Seriola lalandi). 

Stowed and not available for 

immediate use means not readily 

accessible for immediate use, e.g., by 

being securely covered and lashed to a 

deck or bulkhead, tied down, unbaited, 

unloaded, or partially disassembled 

(such as spear shafts being kept separate 

from spear guns). 

5. Add § 922.73 to subpart G to read 

as follows: 

§ 922.73 Marine reserves and marine 

conservation areas. 

(a) Marine reserves. Unless prohibited 

by 50 CFR part 660 (Fisheries off West 

Coast States) as of [effective date of final 

rule], the following activities are 

prohibited and thus unlawful for any 

person to conduct or cause to be 

conducted within a marine reserve 

described in Appendix B to this subpart: 

(1) Harvesting, removing, taking, 

injuring, destroying, collecting, moving, 

or causing the loss of any living or dead 

organism, historical resource, or other 

Sanctuary resource, or attempting any of 

these activities. 

(2) Possessing fishing gear on board a 

vessel unless such gear is stowed and 

not available for immediate use. 

(3) Possessing any living or dead 

organism, historical resource, or other 

Sanctuary resource, except legally 

harvested fish on board a vessel at 

anchor or in transit. 

(b) Marine conservation areas. Unless 

prohibited by 50 CFR part 660 (Fisheries 

off West Coast States) as of [effective 

date of final rule], the following 

activities are prohibited and thus 

unlawful for any person to conduct or 

cause to be conducted within a marine 

conservation area described in 

Appendix C to this subpart: 

(1) Harvesting, removing, taking, 

injuring, destroying, collecting, moving, 

or causing the loss of any living or dead 

organism, historical resource, or other 

Sanctuary resource, or attempting any of 

these activities, except: 

(i) Recreational fishing for pelagic 

finfish; 

(ii) Commercial and recreational 

fishing for lobster within the Anacapa 

Marine Conservation Area; or 

(iii) Recreational fishing for lobster 

within the Painted Cave Marine 

Conservation Area. 

(2) Possessing fishing gear on board a 

vessel, except legal fishing gear used to 

fish for lobster or pelagic finfish, unless 

such gear is stowed and not available for 

immediate use. 

(3) Possessing any living or dead 

organism, historical resource, or other 

Sanctuary resource, except legally 

harvested fish on board a vessel at 

anchor or in transit. 

6. In newly redesignated § 922.74, 

revise paragraph (a) introductory text to 

read as follows: 

§ 922.74 Permit procedures and criteria. 

(a) Any person in possession of a 

valid permit issued by the Director in 

accordance with this section and 

§ 922.48 may conduct any activity 

within the Sanctuary prohibited under 

§§ 922.72 or 922.73 if such activity is 

either: 

* * * * * 

7. Revise Appendix A to subpart G to 

read as follows: 

Appendix A to Subpart G of Part 922—

Channel Islands National Marine 

Sanctuary Boundary Coordinates 

[Coordinates listed in this Appendix are 

unprojected (Geographic) and based on the 

North American Datum of 1983.] 

Point ID 

No. 

Latitude 

(north) 

Longitude 

(south) 

1 ................ 33.94138 ¥119.27422 

2 ................ 33.96776 ¥119.25010 

3 ................ 34.02607 ¥119.23642 

4 ................ 34.07339 ¥119.25686 

5 ................ 34.10185 ¥119.29178 

6 ................ 34.11523 ¥119.33040 

7 ................ 34.11611 ¥119.39120 

8 ................ 34.11434 ¥119.40212 

9 ................ 34.11712 ¥119.42896 

10 .............. 34.11664 ¥119.44844 

11 .............. 34.13389 ¥119.48081 

12 .............. 34.13825 ¥119.49198 

13 .............. 34.14784 ¥119.51194 

14 .............. 34.15086 ¥119.54670 

15 .............. 34.15450 ¥119.54670 

16 .............. 34.15450 ¥119.59170 

17 .............. 34.15142 ¥119.61254 

18 .............. 34.13411 ¥119.66024 

19 .............. 34.14635 ¥119.69780 

20 .............. 34.15988 ¥119.76688 

21 .............. 34.15906 ¥119.77800 

22 .............. 34.15928 ¥119.79327 

23 .............. 34.16213 ¥119.80347 

24 .............. 34.16962 ¥119.83643 

25 .............. 34.17266 ¥119.85240 

26 .............. 34.17588 ¥119.88903 

27 .............. 34.17682 ¥119.93357 

28 .............. 34.17258 ¥119.95830 

29 .............. 34.13535 ¥120.01964 

30 .............. 34.13698 ¥120.04206 

31 .............. 34.12994 ¥120.08582 

32 .............. 34.12481 ¥120.11104 

33 .............. 34.12519 ¥120.16076 

34 .............. 34.11008 ¥120.21190 

35 .............. 34.11128 ¥120.22707 

36 .............. 34.13632 ¥120.25292 

37 .............. 34.15341 ¥120.28627 

38 .............. 34.16408 ¥120.29310 

39 .............. 34.17704 ¥120.30670 

40 .............. 34.20492 ¥120.30670 

41 .............. 34.20492 ¥120.38830 

42 .............. 34.20707 ¥120.41801 

43 .............. 34.20520 ¥120.42859 

44 .............. 34.19254 ¥120.46041 

45 .............. 34.20540 ¥120.50728 

46 .............. 34.20486 ¥120.53987 

47 .............. 34.18182 ¥120.60041 

48 .............. 34.10208 ¥120.64208 

49 .............. 34.08151 ¥120.63894 

50 .............. 34.05848 ¥120.62862 

51 .............. 34.01940 ¥120.58567 

52 .............. 34.01349 ¥120.57464 

53 .............. 33.98698 ¥120.56582 

54 .............. 33.95039 ¥120.53282 

55 .............. 33.92694 ¥120.46132 

56 .............. 33.92501 ¥120.42170 

57 .............. 33.91403 ¥120.37585 

58 .............. 33.91712 ¥120.32506 

59 .............. 33.90956 ¥120.30857 

60 .............. 33.88976 ¥120.29540 

61 .............. 33.84444 ¥120.25482 

62 .............. 33.83146 ¥120.22927 

63 .............. 33.81763 ¥120.20284 

64 .............. 33.81003 ¥120.18731 

65 .............. 33.79425 ¥120.13422 

66 .............. 33.79379 ¥120.10207 

67 .............. 33.79983 ¥120.06995 

68 .............. 33.81076 ¥120.04351 

69 .............. 33.81450 ¥120.03158 

70 .............. 33.84125 ¥119.96508 

71 .............. 33.84865 ¥119.92316 

72 .............. 33.86993 ¥119.88330 

73 .............. 33.86195 ¥119.88330 


jlentini on PROD1PC65 with PROPOSAL
Federal Register / Vol. 71, No. 155 / Friday, August 11, 2006 / Proposed Rules 46143 

Point ID 

No. 

Latitude 

(north) 

Longitude 

(south) 

74 .............. 33.86195 ¥119.80000 

75 .............. 33.86110 ¥119.79017 

76 .............. 33.86351 ¥119.77130 

77 .............. 33.85995 ¥119.74390 

78 .............. 33.86233 ¥119.68783 

79 .............. 33.87330 ¥119.65504 

80 .............. 33.88594 ¥119.62617 

81 .............. 33.88688 ¥119.59423 

82 .............. 33.88809 ¥119.58278 

83 .............. 33.89414 ¥119.54861 

84 .............. 33.90064 ¥119.51936 

85 .............. 33.90198 ¥119.51609 

86 .............. 33.90198 ¥119.43311 

87 .............. 33.90584 ¥119.43311 

88 .............. 33.90424 ¥119.42422 

89 .............. 33.90219 ¥119.40730 

90 .............. 33.90131 ¥119.38373 

91 .............. 33.90398 ¥119.36333 

92 .............. 33.90635 ¥119.35345 

93 .............. 33.91304 ¥119.33280 

94 .............. 33.91829 ¥119.32206 

95 .............. 33.48250 ¥119.16874 

96 .............. 33.44235 ¥119.16797 

97 .............. 33.40555 ¥119.14878 

98 .............. 33.39059 ¥119.13283 

99 .............. 33.36804 ¥119.08891 

100 ............ 33.36375 ¥119.06803 

101 ............ 33.36241 ¥119.04812 

102 ............ 33.36320 ¥119.03670 

103 ............ 33.36320 ¥118.90879 

104 ............ 33.47500 ¥118.90879 

105 ............ 33.48414 ¥118.90712 

106 ............ 33.52444 ¥118.91492 

107 ............ 33.53834 ¥118.92271 

108 ............ 33.58616 ¥118.99540 

109 ............ 33.59018 ¥119.02374 

110 ............ 33.58516 ¥119.06745 

111 ............ 33.58011 ¥119.08521 

112 ............ 33.54367 ¥119.14460 

113 ............ 33.51161 ¥119.16367 

8. Add Appendix B to subpart G to 

read as follows: 

Appendix B to Subpart G of Part 922—

Marine Reserve Boundaries 

[Coordinates listed in this Appendix are 

unprojected (Geographic) and based on the 

North American Datum of 1983.] 

Table B–1. Richardson Rock (San Miguel 

Island) Marine Reserve 

The Richardson Rock Marine Reserve 

boundary is defined by connecting in 

sequential order the coordinates provided in 

Table B–1. 

Point Latitude Longitude 

1 ............. 34.17333° N ¥120.47000° W 

2 ............. 34.17333° N ¥120.60483° W 

3 ............. 34.03685° N ¥120.60483° W 

4 ............. 34.03685° N ¥120.47000° W 

Table B–2. Harris Point (San Miguel Island) 

Marine Reserve 

The Harris Point Marine Reserve (Harris 

Point) boundary is defined by NOAA’s 

MHWL along San Miguel Island, the 

coordinates provided in Table B–2, and the 

following textual description. 

The Harris Point boundary extends from 

Point 1 to Point 2 along a straight line. It then 

extends along a straight line from Point 2 to 

the MHWL along San Miguel Island where a 

line defined by connecting Point 2 and Point 

3 with a straight line intersects the MHWL. 

The boundary follows the MWHL 

northwestward until it intersects the line 

defined by connecting Point 4 and Point 5 

with a straight line. At that intersection, the 

boundary extends from the MHWL 

northwestward along a straight line toward 

Point 5 until it again intersects the MWHL. 

At that intersection, the boundary follows the 

MWHL northwestward and then 

southwestward until it intersects the straight 

line connecting Point 6 and Point 7. At that 

intersection, the boundary extends from the 

MHWL along a straight line to Point 7. 

Point Latitude Longitude 

1 ............. 34.05170° N ¥120.38830° W 

2 ............. 34.20492° N ¥120.38830° W 

3 ............. 34.20492° N ¥120.30670° W 

4 ............. 34.03000° N ¥120.30670° W 

5 ............. 34.04830° N ¥120.33670° W 

6 ............. 34.05830° N ¥120.35500° W 

7 ............. 34.05170° N ¥120.38830° W 

Table B–3. Judith Rock (San Miguel Island) 

Marine Reserve 

The Judith Rock Marine Reserve (Judith 

Rock) boundary is defined by NOAA’s 

MHWL along San Miguel Island, the 

coordinates provided in Table B–3, and the 

following textual description. 

The Judith Rock boundary extends from 

Point 1 to Point 2 along a straight line. It then 

extends along a straight line from Point 2 to 

the MHWL along San Miguel Island where a 

line defined by connecting Point 2 and Point 

3 with a straight line intersects the MHWL. 

The boundary follows the MWHL eastward 

until it intersects the line defined by 

connecting Point 4 and Point 5 with a 

straight line. At that intersection, the 

boundary then extends from the MHWL to 

Point 5 along a straight line. 

Point Latitude Longitude 

1 ............. 34.03000° N ¥120.44330° W 

2 ............. 33.97500° N ¥120.44330° W 

3 ............. 33.97500° N ¥120.42170° W 

4 ............. 34.02500° N ¥120.42170° W 

5 ............. 34.03000° N ¥120.44330° W 

Table B–4. Carrington Point (Santa Rosa 

Island) Marine Reserve 

The Carrington Point Marine Reserve 

(Carrington Point) boundary is defined by 

NOAA’s MHWL along Santa Rosa Island, the 

coordinates provided in Table B–4, and the 

following textual description. 

The Carrington Point boundary extends 

from Point 1 to Point 2 along a straight line. 

It then extends along a straight line from 

Point 2 to the MHWL along Santa Rosa Island 

where a line defined by connecting Point 2 

and Point 3 with a straight line intersects the 

MHWL. The boundary follows the MWHL 

northward and then westward until it 

intersects the line defined by connecting 

Point 4 and Point 5 with a straight line. At 

that intersection, the boundary extends from 

the MHWL to Point 5 along a straight line. 

The boundary then extends from Point 5 to 

Point 6 along a straight line. 

Point Latitude Longitude 

1 ............. 34.02170° N ¥120.08670° W 

2 ............. 34.06670° N ¥120.08670° W 

3 ............. 34.06670° N ¥120.01670° W 

4 ............. 34.00830° N ¥120.01670° W 

5 ............. 34.00830° N ¥120.04670° W 

6 ............. 34.02170° N ¥120.08670° W 

Table B–5. Skunk Point (Santa Rosa Island) 

Marine Reserve 

The Skunk Point Marine Reserve (Skunk 

Point) boundary is defined by NOAA’s 

MHWL along Santa Rosa Island, the 

coordinates provided in Table B–5, and the 

following textual description. 

The Skunk Point boundary extends from 

Point 1 to Point 2 along a straight line. It then 

extends along a straight line from Point 2 to 

the MHWL along Santa Rosa Island where a 

line defined by connecting Point 2 and Point 

3 with a straight line intersects the MHWL. 

The boundary follows the MWHL northward 

until it intersects the line defined by 

connecting Point 4 and Point 5 with a 

straight line. At that intersection, the 

boundary extends from the MHWL eastward 

to Point 5 along a straight line. 

Point Latitude Longitude 

1 ............. 33.98330° N ¥119.98000° W 

2 ............. 33.98330° N ¥119.96700° W 

3 ............. 33.95170° N ¥119.96670° W 

4 ............. 33.95170° N ¥119.97000° W 

5 ............. 33.98330° N ¥119.98000° W 

Table B–6. South Point (Santa Rosa Island) 

Marine Reserve 

The South Point Marine Reserve (South 

Point) boundary is defined by NOAA’s 

MHWL along Santa Rosa Island, the 

coordinates provided in Table B–6, and the 

following textual description. 

The South Point boundary extends from 

Point 1 to Point 2 along a straight line. It then 

extends along a straight line from Point 2 to 

the MHWL along Santa Rosa where a line 

defined by connecting Point 2 and Point 3 

with a straight line intersects the MHWL. The 

boundary follows the MWHL southeastward 

until it intersects the line defined by 

connecting Point 4 and Point 5 with a 

straight line. At that intersection, the 

boundary extends from the MHWL to Point 

5 along a straight line. 

Point Latitude Longitude 

1 ............. 33.91670° N ¥120.16670° W 

2 ............. 33.84000° N ¥120.16670° W 

3 ............. 33.84000° N ¥120.10830° W 

4 ............. 33.89670° N ¥120.10830° W 

5 ............. 33.91670° N ¥120.16670° W 

Table B–7. Gull Island (Santa Cruz Island) 

Marine Reserve 

The Gull Island Marine Reserve (Gull 

Island) boundary is defined by NOAA’s 

MHWL along Santa Cruz Island, the 

coordinates provided in Table B–7, and the 

following textual description. 


jlentini on PROD1PC65 with PROPOSAL
46144 Federal Register / Vol. 71, No. 155 / Friday, August 11, 2006 / Proposed Rules 

The Gull Island boundary extends from 

Point 1 to Point 2 along a straight line. It then 

extends along a straight line from Point 2 to 

the MHWL where a line defined by 

connecting Point 2 and Point 3 with a 

straight line intersects the MHWL. The 

boundary follows the MWHL eastward until 

it intersects the line defined by connecting 

Point 4 and Point 5 with a straight line. At 

that intersection, the boundary then extends 

from the MHWL to Point 5 along a straight 

line. The boundary then extends from Point 

5 to Point 6 along a straight line. 

Point Latitude Longitude 

1 ............. 33.96700° N ¥119.85000° W 

2 ............. 33.96700° N ¥119.88330° W 

3 ............. 33.86195° N ¥119.88330° W 

4 ............. 33.86195° N ¥119.80000° W 

5 ............. 33.96170° N ¥119.80000° W 

6 ............. 33.96700° N ¥119.85000° W 

Table B–8. Scorpion (Santa Cruz Island) 

Marine Reserve 

The Scorpion Marine Reserve (Scorpion) 

boundary is defined by NOAA’s MHWL 

along Santa Cruz Island, the coordinates 

provided in Table B–8, and the following 

textual description. 

The Scorpion boundary extends from Point 

1 to Point 2 along a straight line. It then 

extends along a straight line from Point 2 to 

the MHWL along Santa Cruz Island where a 

line defined by connecting Point 2 and Point 

3 with a straight line intersects the MHWL. 

The boundary follows the MWHL westward 

until it intersects the line defined by 

connecting Point 4 and Point 5 with a 

straight line. At that intersection, the 

boundary extends from the MHWL to Point 

5 along a straight line. 

Point Latitude Longitude 

1 ............. 34.04900° N ¥119.59170° W 

2 ............. 34.15450° N ¥119.59170° W 

3 ............. 34.15450° N ¥119.54670° W 

4 ............. 34.04670° N ¥119.54670° W 

5 ............. 34.04900° N ¥119.59170° W 

Table B–9. Footprint Marine Reserve 

The Footprint Marine Reserve boundary is 

defined by connecting in sequential order the 

coordinates provided in Table B–9. 

Point Latitude Longitude 

1 ............. 33.98343° N ¥119.43311° W 

2 ............. 33.98343° N ¥119.51609° W 

3 ............. 33.90198° N ¥119.51609° W 

4 ............. 33.90198° N ¥119.43311° W 

Table B–10. Anacapa Island Marine Reserve 

The Anacapa Island Marine Reserve 

(Anacapa Island) boundary is defined by 

NOAA’s MHWL along Anacapa Island, the 

coordinates provided in Table B–10, and the 

following textual description. 

The Anacapa Island boundary extends 

from Point 1 to Point 2 along a straight line. 

It then extends along a straight line from 

Point 2 to the MWHL along Anacapa Island 

where a line defined by connecting Point 2 

and Point 3 with a straight line intersects the 

MHWL. The boundary follows the MWHL 

westward until it intersects the line defined 

by connecting Point 4 and Point 5 with a 

straight line. At that intersection, the 

boundary extends from the MHWL to Point 

5 along a straight line. 

Point Latitude Longitude 

1 ............. 34.00670° N ¥119.41000° W 

2 ............. 34.08330° N ¥119.41000° W 

3 ............. 34.08330° N ¥119.35670° W 

4 ............. 34.01670° N ¥119.35670° W 

5 ............. 34.00670° N ¥119.41000° W 

Table B–11. Santa Barbara Island Marine 

Reserve 

The Santa Barbara Island Marine Reserve 

(Santa Barbara) boundary is defined by 

NOAA’s MHWL along Santa Barbara Island, 

the coordinates provided in Table B–11, and 

the following textual description. 

The Santa Barbara Island boundary extends 

from Point 1 to Point 2 along a straight line. 

It then extends along a straight line from 

Point 2 to the MHWL along Santa Barbara 

Island where a line defined by connecting 

Point 2 and Point 3 with a straight line 

intersects the MHWL. The boundary follows 

the MWHL northeastward until it intersects 

the line defined by connecting Point 4 and 

Point 5 with a straight line. At that 

intersection, the boundary then extends from 

the MHWL to Point 5 along a straight line. 

The boundary then extends from Point 5 to 

Point 6 along a straight line. 

Point Latitude Longitude 

1 ............. 33.47500° N ¥119.02830° W 

2 ............. 33.47500° N ¥118.90879° W 

3 ............. 33.36320° N ¥118.90879° W 

4 ............. 33.36320° N ¥119.03670° W 

5 ............. 33.46500° N ¥119.03670° W 

6 ............. 33.47500° N ¥119.02830° W 

9. Add Appendix C to Subpart G to read 

as follows: 

Appendix C to Subpart G of Part 9222—

Marine Conservation Area Boundaries 

Table C–1. Painted Cave (Santa Cruz Island) 

Marine Conservation Area 

The Painted Cave Marine Conservation 

Area (Painted Cave) boundary is defined by 

NOAA’s MHWL along Santa Cruz Island, the 

coordinates provided in Table C–1, and the 

following textual description. 

The Painted Cave boundary extends from 

Point 1 to Point 2 along a straight line. It then 

extends along a straight line from Point 2 to 

the MHWL along Santa Cruz Island where a 

line defined by connecting Point 2 and Point 

3 with a straight line intersects the MHWL. 

The boundary follows the MWHL westward 

until it intersects the line defined by 

connecting Point 4 and Point 5 with a 

straight line. At that intersection, the 

boundary extends from the MHWL to Point 

5 along a straight line. 

Point Latitude Longitude 

1 ............. 34.07500° N ¥119.88330° W 

2 ............. 34.08670° N ¥119.88330° W 

Point Latitude Longitude 

3 ............. 34.08330° N ¥119.85000° W 

4 ............. 34.06670° N ¥119.85000° W 

5 ............. 34.07500° N ¥119.88330° W 

Table C–2. Anacapa Island Marine 

Conservation Area 

The Anacapa Island Marine Conservation 

Area (AIMCA) boundary is defined by 

NOAA’s MHWL along Anacapa Island, the 

coordinates provided in Table C–2, and the 

following textual description. 

The AIMCA boundary extends from Point 

1 to Point 2 along a straight line. It then 

extends along a straight line from Point 2 to 

the MWHL of Anacapa Island where a line 

defined by connecting Point 2 and Point 3 

with a straight line intersects the MHWL. The 

boundary follows the MWHL westward until 

it intersects the line defined by connecting 

Point 4 and Point 5 with a straight line. At 

that intersection, the boundary extends from 

the MHWL to Point 5 along a straight line. 

Point Latitude Longitude 

1 ............. 34.01330° N ¥119.44500° W 

2 ............. 34.08330° N ¥119.44500° W 

3 ............. 34.08330° N ¥119.41000° W 

4 ............. 34.00670° N ¥119.41000° W 

5 ............. 34.01330° N ¥119.44500° W 

[FR Doc. 06–6812 Filed 8–10–06; 8:45 am] 

BILLING CODE 3510–NK–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1310 

[Docket No. DEA–257P] 

RIN 1117–AA93 

Changes in the Regulation of Iodine 

Crystals and Chemical Mixtures 

Containing Over 2.2 Percent Iodine 

AGENCY: Drug Enforcement 

Administration (DEA), U.S. Department 

of Justice. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This Notice of Proposed 

Rulemaking (NPRM) proposes changes 

in the regulation of the listed chemical 

iodine pursuant to the chemical 

regulatory provisions of the Controlled 

Substances Act (CSA). The Drug 

Enforcement Administration (DEA) 

believes that this action is necessary in 

order to remove deficiencies in the 

current regulatory controls, which are 

being exploited by drug traffickers who 

divert iodine (in the form of iodine 

crystals and iodine tincture) for the 

illicit production of methamphetamine 

in clandestine drug laboratories. This 

NPRM proposes (1) the movement of 


jlentini on PROD1PC65 with PROPOSAL