[Federal Register Volume 66, Number 94 (Tuesday, May 15, 2001)]
[Proposed Rules]
[Pages 26822-26823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12220]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket No. 010416096-1096-01]
RIN 0648-AP22


Revisions to Anchoring Prohibitions in the Flower Garden Banks 
National Marine Sanctuary

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

ACTION: Proposed rule.

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SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) 
proposes to amend the regulations governing the anchoring and mooring 
of vessels in the Flower Garden Banks National Marine Sanctuary (FGBNMS 
or Sanctuary). NOAA is proposing this change to conform the regulations 
to anchoring prohibitions adopted by the International Maritime 
Organization (IMO), at its December 6, 2000 meeting. NOAA is proposing 
to prohibit all anchoring and mooring in the Sanctuary with the 
exception that vessels 100 feet (30.48 meters) and under in length 
would be permitted to moor at sanctuary mooring buoys. The intent of 
this rule is to prevent further injuries to corals in the Sanctuary 
from anchoring impacts.

DATES: The agency must receive comments by June 14, 2001.

ADDRESSES: Comments concerning the proposed regulatory changes should 
be sent to G.P. Schmahl, Manager, Flower Garden Banks National Marine 
Sanctuary, 216 W. 26th Street, Suite 104, Bryan, Texas, 77803.

FOR FURTHER INFORMATION CONTACT: G.P. Schmahl (979) 779-2705, or Lisa 
Symons (301) 713-3141, ext. 108.

SUPPLEMENTARY INFORMATION:

I. Background

    The Sanctuary consists of three separate areas of ocean waters over 
and surrounding the East and West Flower Garden Banks and Stetson Bank, 
and the submerged lands thereunder including the Banks, in the 
northwestern Gulf of Mexico. The area designated at the East Bank is 
located approximately 120 nautical miles (nmi) south-southwest of 
Cameron, Louisiana, and encompasses 19.20 nmi2. The area designated at 
the West Bank is located approximately 110 nmi southeast of Galveston, 
Texas, and encompasses 22.50 nmi2. The area designated at Stetson Bank 
is located approximately 70 nmi southeast of Galveston, Texas, and 
encompasses 0.64 nmi2. The three areas encompass a total of 42.34 nmi2 
(145.09 square kilometers). The area is unique among the world's coral 
reefs. The area contains the northernmost coral reefs on the North 
American continental shelf and supports the most highly developed 
offshore hard-bank communities in the region. It is also home to 
organisms unknown on the world's other continental shelves. These 
organisms are generally associated with a hypersaline, anoxic brine 
seep having a chemosynthetic energy base analogous to that found at 
deep-sea hydrothermal vents. The reefs in Flower Garden Banks crest at 
approximately 15 meters below the water surface and extend downward to 
46 meters depth, where the hermatypic corals are replaced by reefal 
communities dominated by coralline algae and sponges. This deeper 
``algal terrace'' covers most surfaces down to a depth of 90 meters. 
The area has at least 20 species of hermatypic (reef building) corals, 
80 species of algae, 196 known macro-invertebrate species, and more 
than 200 fish species. The reef-building corals and coralline algae 
construct and maintain the substratum and, through a multituide of 
relationships, largely control the structure of benthic communities 
occupying the banks. As a primary building-block for the entire 
ecosystem of the banks, the coral and algae are by far the most 
important organisms in the Flower Garden Banks ecosystem.
    Observations by Sanctuary staff, researchers and members of the 
diving public indicate that anchoring of large commercial ships, 
particularly internationally flagged vessels, has caused considerable 
damage to the corals and other resources of the Sanctuary despite 
existing domestic regulations prohibiting anchorage of vessels greater 
than 100 feet (30.48 meters). There is clear evidence of anchoring 
damage to Flower Garden Banks from large ships. Scars or tracks of 
pulverized coral have been documented by studies conducted by 
submersibles and divers. The largest scar from anchoring found to date 
extends for approximately 1.7 kilometers and resembles a continuous, 
``roadcut-like'' gouge into the bank. Another crater-like scar measures 
approximately 50 meters in diameter. Chain scars from the swinging of 
ships on their anchor chains are evident on many corals. There are 
hundreds of coral colonies abraded, fractured or toppled, apparently by 
the dragging of anchors or anchor cables and chains. Loose coral pieces 
act as agents of further injury to the living coral, particularly 
during heavy seas and storms as the pieces are repeatedly driven into 
and around the living coral. Coral such as that in Flower Garden Banks 
takes thousands of years to build. The regeneration of the reef from 
anchor damage may never occur. Even if optimal conditions for 
regeneration occur, it would still take hundreds and perhaps thousands 
of years for the reef to return to its pre-damage condition. 
Implementation of the proposed regulation and the restrictions on 
anchoring adopted by the IMO will prevent further injury to the coral 
and reef community.
    Safety considerations also support establishment of this measure. 
The area is transited by commercial ships, many of which are en route 
to and from the U.S. ports in Texas and Louisiana. The safety of a ship 
can depend on the ability of its anchor to hold. The character of the 
bottom is of prime importance in determining whether an anchor will 
hold. Coral provides an unstable anchoring bottom. The scars and damage 
to the coral in this area are evidence that when deployed in coral 
anchors tend to drag along the bottom rather than hold in the coral. 
Additionally, there are a number of platforms and pipelines in this 
area it is very important from a safety perspective for ships to anchor 
only in areas where the bottom will provide good holding ground.
    In July of 2000, the United States delegation to the IMO submitted 
a proposal to ban anchoring in FGBNMSs for vessels greater than 100 
feet (30.48 meters). IMO, out of concern for impacts to corals, 
modified the proposal to prohibit all anchoring. Vessels 100 feet 
(30.48 meters) and under would be allowed to moor using Sanctuary 
mooring buoys. The new international measure would ensure that no-
anchoring zones are marked on all charts internationally. This proposed 
rule would conform the Sanctuary regulations to the IMO action.
    Recreational and commercial vessels 100 feet (30.48 meters) and 
under in

[[Page 26823]]

length use existing mooring buoys. There are currently 12 buoys on East 
and West Flower Garden Banks and 3 buoys on Stetson Banks. These will 
be supplemented by additional buoys if necessary.
    The public has been involved in addressing the anchor damage issue 
and has sought greater protections within the Sanctuary. Prior to 
submission of the United States delegation's proposal to IMO, all 
relevant federal agencies were consulted and their comments were 
addressed. Public comment on this proposed rule is being solicited and 
will be considered prior to publication of any final rule.

II. Miscellaneous Rulemaking Requirements

National Marine Sanctuaries Act

    Section 301(b) of the National Marine Sanctuaries Act, 16 U.S.C. 
1434, provides authority for comprehensive and coordinated conservation 
and management of these areas in coordination with other resource 
management authorities.

National Environmental Policy Act

    NOAA has concluded that this regulatory action would not have a 
significant effect, individually or cumulatively, on the human 
environment. Further, the action is categorically excluded from the 
requirement to prepare an environmental assessment or environmental 
impact statement in accordance with Section 6.05b.2 of NOAA 
Administrative Order 216-6. Specifically, this action is not likely to 
result in significant impacts as defined in 40 CFR 1508.27.

Executive Order 12866: Regulatory Impact

    This action has been determined to be not significant for the 
purpose of Executive Order 12866.

Regulatory Flexibility Act

    The Chief Counsel for Regulation of the Department of Commerce has 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that the proposed rule will not have a significant 
economic impact on a substantial number of small entities. Vessels 100 
meters and under in length, which are those most likely to belong to 
small entities, would be allowed to moor using Sanctuary mooring buoys. 
The majority of users in this area are divers either on their own 
vessels or vessels operated by dive charter organizations in the area. 
The dive charter operations use the existing Sanctuary moorings and 
sine their vessels are less than 100 feet in length, they are not 
likely to be affected by this rule. Most of the vessels subject to this 
rule are foreign flagged vessels that are owned or chartered by large 
corporations. There is no reason to expect that this regulation will 
have a measurable impact on the small business community. Accordingly, 
an initial regulatory flexibility analysis was not prepared.

Paperwork Reduction Act

    This rule does not contain any collection of information 
requirements subject to the Paperwork Reduction Act.

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.

(Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary 
Program)

    Dated: May 9, 2001.
Capt. Ted I. Lillestolen,
Deputy Assistant Administrator for Ocean Services and Coastal Zone 
Management.
    Accordingly, for the reasons stated above, 50 CFR part 922 is 
proposed to be amended as follows:

PART 922--[AMENDED]

    1. The authority citation for Part 922 continues to read as 
follows:

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

Subpart L--Flower Garden Banks National Marine Sanctuary

    2. Section 922.122 is amended by revising paragraphs (a)(2)(i) and 
(ii) to read as follows:


Sec. 922.122  Prohibited or otherwise regulated activities.

    (a) * * *
    (2) * * *
    (i) Anchoring any vessel within the Sanctuary.
    (ii) Mooring any vessel within the Sanctuary, except that vessels 
100 feet (30.48 meters) or less in registered length may moor on a 
Sanctuary mooring buoy.
* * * * *

[FR Doc. 01-12220 Filed 5-14-01; 8:45 am]
BILLING CODE 3510-08-M