12088 Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Rules and Regulations 

1The final regulations for CBNMS also included 

a prohibition on the introduction of introduced 

species. That prohibition, however, is not subject to 

gubernatorial objection since CBNMS does not 

include state waters. 

ACTION: Notice of effective date. 

SUMMARY: NOAA published a final 

revised management plan and revised 

regulations for the Channel Islands 

National Marine Sanctuary (CINMS) 

January 16, 2009 (74 FR 3216). Under 

the National Marine Sanctuaries Act, 

the final regulations automatically take 

effect after 45 days of continuous 

session of Congress beginning on 

January 16, 2009. The 45-day period 

ends on March 19, 2009. This document 

provides notice of the effective date, 

March 19, 2009. 

DATES: The regulations published on 

January 16, 2009 (74 FR 3216) are 

effective on March 19, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Michael Murray, Channel Islands 

National Marine Sanctuary, 805–884– 

1464. 

Dated: March 18, 2009. 

William Corso, 

Deputy Assistant Administrator for Ocean 

Services and Coastal Zone Management. 

[FR Doc. E9–6266 Filed 3–19–09; 4:15 pm] 

BILLING CODE 3510–NK–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 922 

[Docket No. 080302355–81415–02] 

RINs 0648–AT14, 0648–AT15, 0648–AT16 

Gulf of the Farallones National Marine 

Sanctuary Regulations; Monterey Bay 

National Marine Sanctuary 

Regulations; and Cordell Bank 

National Marine Sanctuary 

Regulations; Notice of Effective Date 

AGENCY: Office of National Marine 

Sanctuaries (ONMS), National Oceanic 

and Atmospheric Administration 

(NOAA), Department of Commerce 

(DOC). 

ACTION: Notice of effective date. 

SUMMARY: NOAA published final 

revised management plans and revised 

regulations for the Gulf of the 

Farallones, Cordell Bank, and Monterey 

Bay national marine sanctuaries 

(GFNMS, CBNMS, and MBNMS 

respectively) on November 20, 2008 (73 

FR 70488). Under the National Marine 

Sanctuaries Act, the final regulations 

would automatically take effect after 45 

days of continuous session of Congress 

beginning from November 20, 2008. 

(Given the break in the 110th Congress, 

the period was reset and began again 

with the 111th Congress. For purposes 

of this action, the 45 days of continuous 

session of Congress ended on March 9, 

2009.) The period allows a governor for 

a state affected by modified term(s) of 

designation to certify to the Secretary of 

Commerce (Secretary) whether any of 

the modified terms of designation are 

unacceptable, and if such a term is 

certified as unacceptable, it does not 

take effect in the area of the national 

marine sanctuary lying within the 

seaward boundary of the State. During 

the 45-day period, the Governor of 

California sent a letter to the Secretary 

conditionally objecting to certain 

provisions of the regulations within 

state waters of California. The Governor 

conditionally objected to the portions of 

the regulations that would have 

prohibited the introduction of 

introduced species in state waters of the 

GFNMS and MBNMS. Through this 

notice, NOAA is announcing the 

regulations for the CBNMS and GFNMS 

became effective on March 9, 2009 in 

their entirety; and the regulations for the 

MBNMS also became effective on March 

9, 2009, except the one prohibiting the 

introduction of introduced species in 

the state waters of MBNMS; and it will 

initiate a process to consider making the 

Governor’s requested changes to the 

introduced species regulation in 

GFNMS. 

DATES: The regulations published on 

November 20, 2008 (73 FR 70488) are 

effective March 19, 2009 and applicable 

on March 9, 2009. 

FOR FURTHER INFORMATION CONTACT: John 

Armor, NOAA Office of National Marine 

Sanctuaries, 301–713–7234. 

SUPPLEMENTARY INFORMATION: 

Background 

NOAA published final revised 

management plans and revised 

regulations for the GFNMS, CBNMS, 

and MBNMS on November 20, 2008 (73 

FR 70488). Section 304(b) of the NMSA 

provides the Governor with 45 days of 

continuous session of Congress 

(beginning on the day on which the 

final regulations were published) to 

review the terms of designation (or 

changes thereto). After this period the 

regulations would become final and take 

effect, except that any new or modified 

term of designation the Governor 

certified as unacceptable would not take 

effect in state waters of the sanctuary. 

Governor’s Objection to the Regulations 

of Introduced Species 

NOAA’s regulations would have, 

among other things, prohibited the 

introduction of introduced species into 

the sanctuaries with exceptions for 

striped bass caught and released during 

fishing and current state-permitted 

mariculture activities in Tomales Bay 

(part of GFNMS). The prohibition 

against introducing species is intended 

to prevent injury to sanctuary resources 

and qualities, to protect the biodiversity 

of sanctuary ecosystems, and to preserve 

the native functional aspects of 

sanctuary ecosystems, which are put at 

risk by introduced species. Introduced 

species may become a new form of 

predator, competitor, disturber, parasite, 

or disease that can have devastating 

effects upon ecosystems. For example, 

introduced species impacts on native 

coastal marine species of the GFNMS, 

MBNMS, and CBNMS could include: 

replacement of a functionally similar 

native species through competition; 

reduction in abundance or elimination 

of an entire population of a native 

species, which can affect native species 

richness; inhibition of normal growth or 

increased mortality of the host and 

associated species; increased intra- or 

interspecies competition with native 

species; creation or alteration of original 

substrate and habitat; hybridization 

with native species; and direct or 

indirect toxicity (e.g., toxic diatoms). 

Changes in species interactions can lead 

to disrupted nutrient cycles and altered 

energy flows that ripple with 

unpredictable results through an entire 

ecosystem. Introduced species may also 

pose threats to endangered species and 

native species diversity. 

On December 23, 2008, the Governor 

of California sent a letter to the 

Secretary of Commerce conditionally 

objecting to the revised terms of 

designation that would have allowed 

NOAA to issue regulations prohibiting 

the introduction of introduced species 

in the state waters of the GFNMS and 

MBNMS.1 The Governor conditioned 

his objection to the revised terms of 

designation on NOAA’s willingness and 

ability to modify these regulations to 

exempt all state-permitted aquaculture 

activities in MBNMS and GFNMS and 

research involving the introduction of 

introduced species into MBNMS. 

After receiving the letter from the 

Governor, NOAA worked with the 

California Resources Agency and the 

California Department of Fish and Game 

to find a mutually agreeable solution to 

the Governor’s concerns. In a letter 

dated March 2, 2009, the Acting 

Secretary of Commerce, Otto J. Wolff, 

replied to the Governor by: (1) Offering 

to immediately propose exemptions for 

introduced species cultivated in stateVerDate Nov<24>2008 15:22 Mar 20, 2009 Jkt 217001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\23MRR1.SGM 23MRR1

dwashington3 on PROD1PC60 with RULES
Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Rules and Regulations 12089 

permitted aquaculture activities within 

MBNMS and GFNMS; and (2) asking the 

Governor to withdraw his objection to 

prohibiting the release of introduced 

species during research activities in the 

MBNMS. The state’s existing review 

process for aquaculture projects 

provides NOAA with some level of 

assurance that NOAA has an 

opportunity to provide input and can 

minimize the potential for harm to 

sanctuary resources from an introduced 

species aquaculture project. The 

MBNMS permit process would allow 

NOAA to issue a permit for an 

introduced species research project if 

environmental and legal review found 

the project to be acceptable. The state 

would also retain its authority to issue 

permits for introduced species research 

projects, or reject such a proposal. By 

offering to propose regulatory 

exemptions for introduced species that 

are cultivated in MBNMS or GFNMS as 

part of state-permitted aquaculture 

activities, NOAA satisfied a condition of 

the governor’s objection. As such, the 

objection does not apply to these terms 

of designations or the corresponding 

regulations in GFNMS. However, by the 

close of the review period that ended on 

March 9, 2009, the state had not 

accepted the compromise solution for 

the MBNMS with regard to introduced 

species that are released during research 

activities. Therefore, the Governor’s 

December 23, 2008 letter serves, in 

effect, to object to the MBNMS terms of 

designation for introduction of 

introduced species in the state waters of 

the MBNMS. 

Effective Date for GFNMS Regulations 

The revised regulations for the 

GFNMS associated with the November 

20, 2008 final rule became effective on 

March 9, 2009. NOAA will not enforce 

15 CFR 922.82(a)(10), the prohibition on 

introducing introduced species, in state 

waters of the GFNMS until it has been 

amended in accordance with the 

Governor’s requirement that it exempt 

state-permitted aquaculture. NOAA has 

agreed and committed to immediately 

initiate a process to modify the 

introduced species regulation to exempt 

state-permitted introduced species 

aquaculture in the GFNMS. As part of 

this agreement, NOAA has agreed that it 

will not enforce the prohibition on 

introducing introduced species in the 

state waters of GFNMS until a new 

rulemaking process for these regulations 

can take place. NOAA will promptly 

commence a separate regulatory action 

for public comment to determine the 

appropriateness of further regulation of 

introduced species in the state waters of 

the GFNMS. After consideration of all 

comments received for that proposed 

action, NOAA will publish a new final 

rule to address the concerns raised in 

the Governor’s December 23, 2008 letter. 

That regulation will become effective 

soon thereafter, in accordance with 

applicable federal law. 

Effective Date for MBNMS Regulations 

The revised regulations for the 

MBNMS associated with the November 

20, 2008 final rule became effective on 

March 9, 2009 except for 15 CFR 

922.132(a)(12), the prohibition on 

introducing introduced species, which 

will not take effect in state waters of the 

MBNMS. Because the Governor objected 

to the revised term of designation that 

would have provided specific authority 

to prohibit the introduction of 

introduced species in MBNMS, it 

cannot take effect in the state waters of 

the MBNMS. The regulation still applies 

and took effect in the federal waters of 

the MBNMS on March 9, 2009. 

The terms of designation for the 

MBNMS will also reflect the Governor’s 

objection to limit the application of that 

specific term of designation to federal 

waters. As such, paragraph l of section 

1 of Article IV will read: ‘‘l. Introducing 

or otherwise releasing from within or 

into the Sanctuary an introduced 

species. [This provision does not apply 

in the area of the Sanctuary lying within 

the seaward boundary of California, 

because, pursuant to section 304(b) of 

the Act, the Governor of California filed 

an objection to this provision pursuant 

to a December 23, 2008 letter.] 

Effective Date for CBNMS Regulations 

The revised regulations for the 

CBNMS associated with the November 

20, 2008 final rule became effective on 

March 9, 2009. There are no state waters 

in the CBNMS, and thus the terms of 

designation for the sanctuary were not 

subject to gubernatorial objection. 

Dated: March 18, 2009. 

William Corso, 

Deputy Assistant Administrator for Ocean 

Services and Coastal Zone Management. 

[FR Doc. E9–6267 Filed 3–19–09; 4:15 pm] 

BILLING CODE 3510–NK–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–1026] 

RIN 1625–AA00 

Safety Zone; Saugus River, Lynn, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is adopting 

the interim safety zone published on 

December 29, 2008, as a temporary final 

rule. This rule creates a safety zone for 

a portion of the Saugus River in Lynn, 

Massachusetts as requested by the 

Massachusetts Highway Department 

(MHD), to allow for vital repair work to 

commence on the Route 107/Fox Hill 

Bridge during the winter and spring 

months. This zone is necessary to 

protect mariners from the potential 

hazards associated with the work being 

conducted by the Commonwealth of 

Massachusetts in making critical repairs 

to the bridge while it is closed to 

transiting vessels and vehicular traffic. 

DATES: Effective March 23, 2009, the 

interim rule amending 33 CFR Part 165 

which was published at 73 FR 79363 on 

29 December, 2008 is adopted without 

change as a temporary final rule. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2008–1026 and are 

available online by going to http:// 

www.regulations.gov, selecting the 

Advanced Docket Search option on the 

right side of the screen, inserting USCG– 

2008–1026 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. This 

material is also available for inspection 

or copying at two locations: The Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays and United 

States Coast Guard Sector Boston, 427 

Commercial St, Boston, MA 02109 

between 7 a.m. and 3 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call Chief Petty Officer Eldridge 

McFadden, Waterways Management at 

617–223–3000. If you have questions on 

viewing the docket, call Renee V. 


dwashington3 on PROD1PC60 with RULES