[Federal Register Volume 62, Number 202 (Monday, October 20, 1997)]
[Rules and Regulations]
[Pages 54381-54382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27700]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket No. 971014245-7245-01]


Temporary Rule Prohibiting Anchoring by Vessels 50 Meters or 
Greater in Length on Tortugas Bank Within the Florida Keys National 
Marine Sanctuary

AGENCY: Sanctuaries and Reserves Division (SRD), Office of Ocean and 
Coastal Resource Management (OCRM), National Ocean Service (NOS) 
National Oceanic and Atmospheric Administration (NOAA), Department of 
Commerce (DOC).

ACTION: Temporary rule.

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SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) 
issues a temporary rule prohibiting anchoring by vessels 50 meters in 
length or greater on the Tortugas Bank within the Florida Keys National 
Marine Sanctuary (Sanctuary). This temporary rule is necessary to 
prevent future injury to, and destruction of, living coral on Tortugas 
Bank caused by such anchoring.

EFFECTIVE DATES: This temporary rule is effective from 12:01 am October 
17, 1997 until February 12, 1998.

FOR FURTHER INFORMATION CONTACT: Billy D. Causey, Superintendent, 
Florida Keys National Marine Sanctuary (FKNMS), Post Office Box 500368, 
Marathon, Florida 33050. (305) 743-2437.

SUPPLEMENTARY INFORMATION: In accordance with 15 CFR 922.165 of the 
Florida Keys National Marine Sanctuary regulations (62 FR 32154, June 
12, 1997) and the Co-Trustees Agreement for Cooperative Management of 
the Florida Keys National Marine Sanctuary made between the Governor 
and Cabinet of the State of Florida and NOAA dated May 19, 1997, NOAA 
has consulted with and received approval from the Governor of the State 
of Florida concerning the issuance of this temporary rule.
    Section 922.165 provides that, where necessary to prevent or 
minimize the destruction of, loss of, or injury to a Sanctuary 
resource, any and all activities are subject to immediate temporary 
regulation, including prohibition, for up to 120 days. Emergency 
regulations cannot take effect in Florida territorial waters until 
approved by the Governor of the State of Florida.

Background

    This temporary rule is necessitated by the recent discovery of 
significant injury to, and destruction of, living coral on Tortugas 
Bank, west of the Dry Tortugas National Park, caused by the anchoring 
of vessels 50 meters or greater in length, and the need to prevent 
future injury.
    Current 15 CFR 922.163(a)(5)(ii) prohibits having vessels anchored 
in the Sanctuary on living coral other than hardbottom in water depths 
less than 40 feet when visibility is such that the seabed can be seen. 
However, this regulation does not protect the coral located in the area 
covered by this temporary rule because the water there is deeper than 
40 feet.
    Anchoring of vessels 50 meters or greater in length on Tortugas 
Bank has been documented as having caused significant injury to living 
coral reef resources. Vessels of such size have anchoring gear of 
massive weight and

[[Page 54382]]

size with heavy chains hundreds of feet in length weighing as much as 8 
to 10 tons. Vessels smaller than 50 meters in length have not been 
documented as having caused injury or loss of living coral on Tortugas 
Bank. Their anchoring gear generally is less massive in size and 
weight. Therefore, this temporary rule only prohibits anchoring by 
vessels of 50 meters or greater in length on the Tortugas Bank. The 
location by coordinates of the prohibited anchoring area is set forth 
below.
    Transit, fishing and all other activities currently allowed in the 
area are not affected by this temporary rule. Alternative anchor sites 
for vessels 50 meters or greater in length are located within 
approximately two nautical miles of the prohibited area. The close 
proximity of these alternative anchoring sites should mitigate any 
potential economic impact on such vessels since cost of the time and 
fuel to maneuver to this area and the additional time and labor in 
letting out and pulling in the additional anchor chain should be 
minimal.
    The location of alternative anchoring sites for vessels greater 
than 50 meters in length are provided below.

Location and Boundary of Area Where Anchoring by Vessels 50 Meters or 
Greater in Length is Prohibited

    The coordinates of the area on the Tortugas Bank, west of the Dry 
Tortugas National Park, closed to anchoring by vessels 50 meters or 
greater in length are:
(1) 24 deg. 45.75' N  82 deg. 54.40' W
(2) 24 deg. 45.60' N  82 deg. 54.40' W
(3) 24 deg. 39.70' N  83 deg. 00.05' W
(4) 24 deg. 32.00' N  83 deg. 00.05' W
(5) 24 deg. 37.00' N  83 deg. 06.00' W
(6) 24 deg. 40.00' N  83 deg. 06.00' W

Alternative Anchoring Sites

    Alternative anchoring locations in the vicinity of the area closed 
to anchoring are:
    Areas to the west of the Sanctuary boundary in depths greater than 
the 20 fathom contour line, indicated on NOAA Nautical Chart Numbers 
11434 and 11420. The bottom type in these areas is sand/mud or sand/
shell. This location is approximately 2 nautical miles west of the 
living coral reefs that form Tortugas Bank where anchoring damage to 
the corals is occurring. Mariners should note the existence of a 
submerged shipwreck located at 24 deg. 38' N 83 deg. 08.00' W. This 
shipwreck is a landing ship transport which was lost in 1948.

Penalties

    Pursuant to 15 CFR 992.45, any violation of the rule is subject to 
a maximum civil penalty of $110,000 per violation per day. Furthermore, 
the NMSA and regulations authorize a proceeding in rem against any 
vessel used in violation of any such regulation.

Classification

    Under 5 USC 553(b)(B), the Assistant Administrator for Ocean 
Services and Coastal Zone Management, NOAA for good cause finds that 
providing prior notice and public procedure thereon with respect to 
this rule is contrary to the public interest. This is due to recent 
evidence that has come to light that severe damage to coral in the area 
has been caused by the chains and anchors of vessels 50 meters or 
greater in length. Further damage to the living coral reef will occur 
if the prohibition implemented by this rule is delayed to provide prior 
notice and opportunity for public comment.
    Likewise, under 5 U.S.C. 553(d)(3), the Assistant Administrator for 
Ocean Services and Coastal Zone Management, NOAA for good cause finds 
that delaying the effective date of this rule for 30 days is contrary 
to the public interest. First, if the rule is delayed for 30 days, 
significant damage to the living coral resources could result. Further, 
30 days is not necessary to give notification to vessels which might 
anchor in the area in the future or for any vessel presently anchored 
to move to an alternative anchoring site. The U.S. Coast Guard will 
give immediate notification to vessels and they then can, in a short 
period of time, move and re-anchor in the recommended location. 
Notification will be made by the U.S. Coast Guard via notice to 
mariners, Sanctuary radio announcements, press releases, press 
conferences, and with assistance by the U.S. Coast Guard and Dry 
Tortugas National Park staff on the water within the area. This rule is 
effective on 12:01 am on the second day after the filing of this rule 
at the Office of the Federal Register, to allow adequate time for any 
vessels to relocate.

Executive Order 12866

    The Office of Management and Budget (OMB) has concurred that this 
rule is not significant within the meaning of Section 3(f) of Executive 
Order 12866.

Executive Order 12612

    NOAA has concluded that this regulatory action does not have 
federalism implications sufficient to warrant preparation of a 
federalism assessment under Executive Order 12612.

Regulatory Flexibility Act

    Because this rule is not required to be issued with prior notice 
and opportunity for public comment by 5 U.S.C. 553 or by any other law, 
it is not subject to the Regulatory Flexibility Act requirement for 
preparation of a regulatory flexibility analysis, and none has been 
prepared.

Paperwork Reduction Act

    This rule does not impose an information collection requirement 
subject to review and approval by OMB under the Paperwork Reduction Act 
of 1980, 44 U.S.C. 3500 et seq.

    Dated: October 17, 1997.
Nancy Foster,
Assistant Administrator.
[FR Doc. 97-27700 Filed 10-15-97; 12:17 pm]
BILLING CODE 3510-08-M