Dry Tortugas National Park-Special Regulations, 17777-17786 [06-3295]

Agencies

• DEPARTMENT OF THE INTERIOR
• National Park Service

[Federal Register Volume 71, Number 67 (Friday, April 7, 2006)]
[Proposed Rules]
[Pages 17777-17786]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3295]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AD45


Dry Tortugas National Park-Special Regulations

AGENCY: National Park Service, Interior.

ACTION: Proposed Rule.

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SUMMARY: The proposed rulemaking establishes special regulations for 
Dry Tortugas National Park. The proposed rule implements the act which 
established Dry Tortugas National Park and abolished Fort Jefferson 
National

[[Page 17778]]

Monument. This proposed rule also implements provisions for visitor use 
and resource protection identified in the 2000 Final General Management 
Plan Amendment/Environmental Impact Statement for Dry Tortugas National 
Park, and the July 27, 2001 Record of Decision. This rulemaking 
complies with legislative mandates for protection of park resources in 
a unique and predominantly pristine ecosystem, and provides consistency 
with State fishing rules. This proposed rule would: (1) Remove obsolete 
regulations established for Fort Jefferson National Monument; (2) 
protect, monitor, and study the region's recognized importance to 
fisheries habitats by limiting the area, extent, and methods of 
recreational fishing within portions of the park's boundaries by 
implementing a Research Natural Area (RNA); (3) clarify the authority 
of the superintendent to regulate fishing, boating, and permitted 
activities, specifically in established management zones including the 
RNA; and establish a permit system for research and recreational users; 
(4) strengthen protection of nationally significant coral reef and 
other marine resources by regulating vessel operation, anchoring and 
human activity; (5) provide enhanced protection for shipwrecks 
consistent with state and federal law; and (6) provide for greater 
protection of water quality by restricting discharges into the water of 
the park. Definitions have also been added to clarify terminology.

DATES: Comments must be received by June 6, 2006.

ADDRESSES: You may submit comments, identified by the number RIN 1024-
AD45, by any of the following methods:

--Federal rulemaking portal: https://www.regulations.gov Follow the 
instructions for submitting comments.
--E-mail NPS at ever_superintendent@nps.gov. Use RIN 1024-AD45 in the 
subject line.
--Mail or hand delivery to: Superintendent, Everglades National Park, 
40001 State Route 9336, Homestead, FL 33034-6733.
--Fax to: (305) 242-7711.
--For additional information see ``Public Participation'' under 
SUPPLEMENTARY INFORMATION below.
--Written or oral comments will also be accepted during a public 
meeting to be held during the 60 day comment period. Date and location 
of the meeting will be determined at a later date and will be announced 
through local press releases and the park's Web site at https://
www.nps.gov/drto.


FOR FURTHER INFORMATION CONTACT: Jerry Case, Regulations Program 
Manager, National Park Service, 1849 C Street, NW., Room 7241, 
Washington, DC 20240. Phone: (202) 208-4206. E-mail: jerry_
case@nps.gov.

SUPPLEMENTARY INFORMATION:

Background

    The National Park Service (NPS) is proposing to establish special 
regulations for Dry Tortugas National Park. The current regulations at 
36 CFR 7.27 were established for Fort Jefferson National Monument, the 
predecessor to Dry Tortugas National Park. Fort Jefferson National 
Monument was established by Presidential Proclamation No. 2112 in 1935 
for the purpose of preserving the Dry Tortugas group of islands within 
the original 1845 Federal military reservation of islands, keys and 
banks. In 1980, Congress legislatively affirmed the Fort Jefferson 
National Monument.
    In 1992, Congress enacted Public Law 102-525 (16 U.S.C. 410xx et 
seq.) abolishing the Fort Jefferson National Monument and establishing 
Dry Tortugas National Park in its place. Congress established the park 
``to preserve and protect for the education, inspiration and enjoyment 
of present and future generations nationally significant natural, 
historic, scenic, marine, and scientific values in South Florida.'' In 
addition, Congress directed the Secretary of the Interior to manage the 
park for the following specific purposes, among others:
    (1) To protect and interpret a pristine subtropical marine 
ecosystem, including an intact coral reef community.
    (2) To protect populations of fish and wildlife, including (but not 
limited to) loggerhead and green sea turtles, sooty terns, frigate 
birds, and numerous migratory bird species.
    (3) To protect the pristine natural environment of the Dry Tortugas 
group of islands.
    (4) To protect, stabilize, restore and interpret Fort Jefferson, an 
outstanding example of nineteenth century masonry fortification.
    (5) To preserve and protect submerged cultural resources.
    (6) In a manner consistent with paragraphs (1) through (5) to 
provide opportunities for scientific research. 16 U.S.C. 410xx-1(b).
    The NPS developed the FGMPA/EIS, approved through a Record of 
Decision in July 2001, to comply with its statutory mandate to manage 
and protect Dry Tortugas National Park, and to respond to pressures 
from increased visitation and over-utilization of park resources.
    As described more fully in the FGMPA/EIS, despite the park's remote 
location approximately 70 miles west of Key West, Florida, there are 
indications that rapidly increasing visitor use is negatively impacting 
the resources and values that make Dry Tortugas National Park unique. 
Visitation to Dry Tortugas National Park increased 400% from 1994 
through 2000, from 23,000 to 95,000 annual visitors. The resources and 
infrastructure at the park cannot sustain an uncontrolled growth rate 
of this magnitude while ensuring protection of park resources 
consistent with the park's legislative mandate.
    Scientific studies have documented significant declines in the size 
and abundance of commercially and recreationally important species of 
fish, particularly snapper, grouper, and grunts in Dry Tortugas 
National Park. These declines threaten the sustainability of reef fish 
communities both within the park and throughout the Florida Keys. 
Studies demonstrate that both the size and abundance of fish in the 
Tortugas area, including Dry Tortugas National Park, are essential to 
spawning and recruitment for regional fish stocks and the multi-billion 
dollar fishing and tourism industry in the Florida Keys.
    The population of south Florida is projected to increase from its 
current level of 6.3 million people to more than 12 million by 2050. 
With continued technological innovations such as global positioning 
systems and bigger, faster vessels, the increase in population and 
recreational tourism will likely result in more pressure on the 
resources in the Dry Tortugas. In recent years, interest has grown in 
the commercial sector to provide increased transportation to the park 
and to conduct additional activities in the park, which would bring 
many more visitors and greater impacts to the park.
    To address these issues, planning was started in 1998 to update the 
1983 Fort Jefferson National Monument General Management Plan. 
Concerned that park resources would suffer as a result of increased 
use, park managers placed a moratorium on the authorization of new 
commercial activity in the park until a FGMPA/EIS could be completed 
and implemented.
    The FGMPA/EIS addressed specific issues including (1) The 
protection of near-pristine resources such as coral reefs and sea 
grasses (2) the conservation of fisheries and the protection of 
submerged cultural resources (3) the management direction of commercial 
services; and (4) the determination of appropriate levels and types of 
visitor use.
    After extensive public involvement and collaboration with State and

[[Page 17779]]

Federal agencies, the NPS selected a management alternative that will 
afford a high level of protection to park resources as well as provide 
for appropriate types and levels of high quality visitor experiences. 
This will be accomplished by establishing management zones and visitor 
carrying capacity limits for specific locations in the park, using 
commercial services to direct and structure visitor use, and 
instituting a permit system for private as well as commercial boats in 
the RNA. A range of recreational and educational opportunities will be 
available for visitors as long as appropriate resource conditions are 
maintained. The quality of visitor experiences will be enhanced by 
maintaining the quality of resources while expanding visitor access 
throughout the park.
    The selected management action establishes zones that provide 
guidance for managing specific areas for desired resource conditions 
and visitor experiences. These zones are set forth in the FGMPA/EIS and 
Record of Decision approved on July 27, 2001. Most of the provisions in 
this proposed rulemaking are not associated with specific management 
zones but are applicable throughout the park. The exceptions are the 
provisions pertaining specifically to the RNA and Special Protection 
Zones. A brief description of these zones will follow.

Natural/Cultural Zone

    This zone will provide visitors opportunities to experience the 
remoteness and natural character of the area. Opportunities for 
challenge and adventure will be high, compared to other zones. 
Facilities will generally not be appropriate. Boaters will need to be 
self-reliant. Appropriate activities will include snorkeling, scuba 
diving, swimming, boating, wildlife viewing, and recreational fishing. 
Anchoring will be permitted, however the use of mooring buoys may be 
required in certain areas if protection of sensitive resources warrants 
restricting anchors.

Historic Preservation/Adaptive Use Zone

    This zone will provide interpretive, educational and recreational 
opportunities in order to convey to visitors the rich architectural and 
cultural history and natural resources of Garden Key and Fort 
Jefferson. Appropriate visitor activities will include tours, bird-
watching, photography, swimming, snorkeling, scuba diving, camping, 
boating and recreational fishing. The management focus in this zone 
will be on maintaining and protecting historic and natural resources, 
mitigating impacts of human use, maintaining visitor facilities and 
providing for quality visitor experiences.

Special Protection Zone

    This management zone will provide added protection for certain 
sensitive and exceptional resources. It will be used at times and in 
places throughout the park where sensitive wildlife or cultural 
resources are vulnerable to human disturbance, such as areas where sea 
turtles and seabirds are nesting or hatching. The superintendent will 
establish these zones when necessary to avoid unacceptable human 
impacts to these important resources. In such cases, only research 
activities will be allowed so long as such research activities do not 
impact these important resources. The public will be notified of any 
restrictions through one or more of the methods listed in Sec.  1.7 of 
this chapter.

Research Natural Area

    The RNA contains prime examples of natural resources, processes, 
and ecosystems including significant genetic resources, which have 
particular value for long-term observational studies. The RNA is 
managed to provide the greatest possible protection of resources. 
Recreational fishing and consumptive activities will not be allowed. 
Boaters will be required to use mooring buoys, and anchoring will be 
prohibited. Research activities in RNAs generally are restricted to 
non-manipulative research. Education and other activities that will not 
detract from an area's research values will be allowed. The RNA 
complements the adjacent 151 square nautical mile Tortugas Ecological 
Reserve in the waters of the Florida Keys National Marine Sanctuary, 
which has goals and regulations consistent with those of the RNA, 
including similar constraints on fishing.
    Scientific studies have found that Dry Tortugas National Park and 
the Tortugas region play a critical role in the function and dynamics 
of the larger Florida Keys coral reef ecosystem. The Tortugas includes 
spawning and nursery grounds for numerous fish. Larvae spawned from 
adult populations are spread by a persistent system of currents and 
eddies throughout the Florida Keys and up the Southeast coast which 
should help replenish depleted fish populations.
    Recent scientific studies of reef fisheries in Dry Tortugas 
National Park have also documented significant declines in the size and 
abundance of fish. As such, additional fishery management practices 
should be considered to enable the National Park Service to meet its 
statutory obligations under the National Park Service Organic Act (16 
U.S.C. 1-4) and the requirement under Public Law 102-525 (16 U.S.C. 
410xx et seq.) to ``protect and interpret a pristine subtropical marine 
ecosystem, including an intact coral reef community.''
    The RNA is a useful management tool to protect this pristine area 
as well as provide sanctuaries for species that have been substantially 
impacted by harvesting or habitat reduction, and to provide time for 
altered systems to recover. The RNA complements the adjacent Tortugas 
Ecological Reserve in the waters of the Florida Keys National Marine 
Sanctuary, with consistent goals and constraints on fishing. In order 
for the RNA and the Ecological Reserve to be biologically effective, 
the full range of land and marine habitats and their associated 
communities must be included in these areas. The National Marine 
Sanctuary's Tortugas Ecological Reserve, with its deep reefs and 
habitats, provides spawning areas for recreationally and commercially 
important fish while the National Park's RNA, with its shallow reefs 
and sea grass beds, provides nurseries and food for these fish and a 
multitude of other marine species. The rationale and benefits from 
establishment of the RNA are explained in greater detail in the ROD for 
the FGMPA/EIS.
    The proposed regulations pertaining to the RNA are intended to 
protect, restore, and enhance the living resources of the Park; 
contribute to the maintenance of natural assemblages of living 
resources for future generations; provide places for species dependent 
on such living resources to survive and propagate; achieve the 
objective of resource protection while facilitating uses not prohibited 
by other authorities; reduce conflicts between such compatible uses; 
and achieve the purposes of Public Law 102-525 (16 U.S.C. 410xx et 
seq.) and the National Park Service Organic Act (16 U.S.C. 1-4) of 
1916.
    The RNA also responds to the National Park Service's statutory 
authority (16 U.S.C. 5935) to provide opportunities for scientific 
research. The RNA and the larger Tortugas Ecological Reserve constitute 
a rare opportunity to cooperatively advance the science of marine 
ecology and marine resource management through direct observation of 
how resources within these areas respond to protection. Application of 
the research results in Park management programs will implement 
statutory direction to assure that resource management is enhanced by 
utilization of a broad

[[Page 17780]]

program of the highest quality science and information (16 U.S.C. 
5932).
    By designating the Research Natural Area, the National Park Service 
hopes to realize the area's full potential and offer outstanding 
opportunities for scientific research, visitor education and 
appreciation of an intact marine ecosystem. These goals are consistent 
with the objectives of Executive Order 13089 on Coral Reef Protection, 
Executive Order 13151 on Marine Protected Areas, the U.S. Coral Reef 
Task Force's March 2000 National Action Plan To Conserve Coral Reefs, 
and the 2004 U.S. Ocean Action Plan.

Section-by-Section Analysis

(a) What terms do I need to know?

    In order to provide clarity and reduce possible confusion, fifteen 
definitions have been included in this paragraph. They include: 
Baitfish, cast net, designated anchorage, dip net, finfish, flat wake, 
guide fishing, live rock, lobster, marine life, not available for 
immediate use, ornamental tropical fish, permits, research natural 
area, and shrimp. Common fish names referred to in the regulations are 
further clarified by including scientific names.

(b) Are there recreational fishing restrictions that I need to know?

    Section 2.3(a) of this chapter adopts non-conflicting state fishing 
laws as part of the general NPS regulations applicable to all units of 
the National Park System unless regulations for particular park areas 
specify otherwise. For Dry Tortugas National Park, we are proposing 
additional requirements relating to fishing to achieve the park's 
purposes and implement planning decisions. Recreational fishing 
activities must comply with the state regulations unless those 
activities are otherwise restricted or prohibited in this section. Any 
reference to fishing in Sec.  7.27 refers to recreational fishing, 
which is the taking, attempting to take, or possessing of fish for 
personal use. This is the same definition used by the State of Florida. 
All references to commercial fishing have been removed since this 
activity is already prohibited by 36 CFR 2.3(d)(4).
    The intent of paragraph (b)(1) is to allow the superintendent to 
impose restrictions or closures to protect a fish species within the 
park. In emergency situations, after consulting with the Florida Fish 
and Wildlife Conservation Commission, the superintendent may impose 
closures and establish conditions or restrictions necessary pertaining 
to fishing, including but not limited to species of fish that may be 
taken, seasons and hours during which fishing may take place, methods 
of taking, and size, bag and possession limits. In emergency situations 
where consultation in advance is not possible, the superintendent will 
consult within 24-hours of the initiation of closures or restrictions. 
Such emergency closures or restrictions are temporary in nature and may 
be for up to a 30-day period which may be extended once for up to an 
additional 30-day period by the superintendent. In other situations 
pertaining to fishing (i.e., non-emergency situations or the extension 
of emergency closures or restrictions beyond these two emergency 
periods), the superintendent shall consult with and obtain the 
concurrence of the Florida Fish and Wildlife Conservation Commission 
prior to acting. This provision of such closures and restrictions is in 
furtherance of the park's enabling legislation, which identifies 
protection of fish and wildlife as a purpose of its establishment.
    Paragraph (b)(2) identifies which fish can be taken and the legal 
methods for taking these fish. Fishing is limited to fin fish caught by 
a closely attended hook-and-line, bait fish caught by hook-and-line, 
cast nets or dip nets, and shrimp caught by dip nets or cast nets. 
These restrictions are not new. For the last 10 years, they have been 
enforced through the Superintendent's Compendium, which serves as a 
local management guide authorized by 36 CFR 1.5. Including these 
restrictions in this proposed regulation increases public awareness of 
their applicability. The previous restriction in 36 CFR 7.27(a)(5)(i), 
that limits cast nets to 12 feet in diameter, has been removed. There 
appears to be no compelling ecological or environmental reason to 
restrict the size of the cast nets. This proposed change would bring 
the park's regulations into conformity with state regulations.
    Paragraph (b)(3) identifies areas that are closed to fishing, 
including the RNA set forth in the 2001 ROD. Note, however, that 
paragraph (b)(3)(i) includes provisions that allow vessels to transit 
the RNA with legally harvested fish and fishing gear onboard. The 
provisions of paragraph (b)(3) are similar to the regulations 
applicable to the adjacent Tortugas Ecological Reserve within the 
Florida Keys National Marine Sanctuary (19 CFR 922.164; Florida 
Administrative Code 68B-6.003). The other closed areas are the waters 
inside the Garden Key moat and those within the designated swimming and 
snorkeling area. Fishing in these areas has been found to be 
incompatible with the identified visitor activities of boating, 
swimming and snorkeling, and for safety reasons in the helicopter-
landing zone.
    Paragraph (b)(4) identifies specific prohibitions on fishing within 
the park. This paragraph lists certain fishing practices that differ 
from state of Florida regulations because they are incompatible with 
the goals and management direction of the Park.
    Paragraph (b)(4)(i) provides for complete protection of lobster 
within the park. All existing regulations found in 36 CFR 7.27 (a)(2) 
related to recreational fishing catch limits for lobster have been 
deleted. Prohibiting individuals from being in the water, when they 
have lobster onboard their vessel will further enhance the protection 
of park resources. This ``prima facie'' (at first view) evidence of 
violation is similar to the state of Florida regulations for the 
Biscayne Bay/Card Sound Spiny Lobster Sanctuary (FAC 68B-11.004), and 
for John Pennecamp Coral Reef State Park (FAC 68B-24.005). In Dry 
Tortugas National Park, the harvesting of lobster has been previously 
prohibited through the use of the superintendent's authority to 
regulate public use under 36 CFR 1.5. This prohibition was based on 
data collected by NPS biologists in a 1975 study, which indicated that 
legal harvesting was removing almost 90% of the lobster within the 
park. The Gulf of Mexico Fishery Management Council concurred with this 
finding and recommended that the park be established as a sanctuary for 
lobster to assist in maintaining a population for dispersal to areas 
outside the park.
    The proposed regulations in paragraph (b)(4)(ii), concerning 
possession and use of spearguns and other weapons are similar to 
regulations for the ecological reserves and sanctuary preservation 
areas found within the Florida Keys National Marine Sanctuary (15 CFR 
922.164). The state of Florida has similar regulations restricting 
spearfishing activities found in FS 370.172. This proposed regulation 
expands on the current regulation, 36 CFR 7.27(a)(7), to include guns, 
bows and other similarly powered weapons. Paragraph (b)(4)(iii) 
recognizes that a gaff is a common fishing device used to retrieve 
legally taken fish from the water, while identifying other prohibited 
fishing devices.
    Although all natural resources within a national park area are 
protected from removal, disturbance, injury, or destruction by the 
general regulations found in 36 CFR 2.1, the provision at paragraph 
(b)(4)(iv) clarifies that ornamental tropical fish as well as all other 
forms of marine life within Dry Tortugas National Park are specifically

[[Page 17781]]

protected. This additional level of protection will help achieve the 
congressional direction to protect a pristine subtropical marine 
ecosystem, including an intact coral reef community.
    The intent of (b)(4)(v) is to protect coral and other submerged 
resources from damage or injury by prohibiting the dragging or trawling 
of nets that are otherwise allowed to be used in the park.
    Paragraph (b)(4)(vi) prohibits the use of nets, other than dip or 
cast nets. The state of Florida general recreational fishing 
regulations allow other nets (bully nets, frame and push nets, beach or 
haul seines) which are inappropriate and harmful to various submerged 
resources in the park.
    Current regulations pertaining to sea turtles and conch found in 36 
CFR 7.27(a)(1) and (3) have been removed as unnecessary. The state of 
Florida has prohibited the taking of conch since 1985 and the general 
NPS regulations already adopt all non-conflicting state laws. Also, 36 
CFR 7.27 (b)(4)(iv) will prohibit the taking of any ornamental tropical 
fish or other marine life. Because all sea turtles are currently listed 
as endangered or threatened species under the Endangered Species Act 
(16 U.S.C. 1538), it is unnecessary to duplicate prohibitions on their 
taking in these proposed regulations.
    Consistent with 36 CFR 5.3, paragraph (b)(5) requires that all fee-
for-service guides (including guides for fishing and diving) obtain a 
permit or other NPS approved commercial use authorization. This permit 
system allows the park to better manage the fisheries and other park 
resources. The superintendent may limit the number of permitted guides 
within the park in order to conserve park resources and enhance the 
visitor experience.

(c) Are there any areas of the park closed to the public?

    Yes. Paragraph (c) identifies areas that will be closed to public 
access. The Long/Bush Keys coral patch has been identified by 
biologists as ``fused'' staghorn (Acropora prolifera), a very rare 
hybrid of staghorn and elkhorn corals. This coral patch is threatened 
by a disease that is devastating staghorn and elkhorn coral in Biscayne 
National Park and the Florida Keys National Marine Sanctuary. Hospital 
and Long Keys have been closed for the last 10 years pursuant to the 
Superintendent's Compendium authority under 36 CFR 1.5. The largest 
remaining breeding colony of frigate birds in the United States lives 
on Long Key. The threatened masked booby and other sea birds live and 
breed on Hospital Key. Seasonal closures of Bush Key, East Key, and 
portions of Loggerhead Key for turtle and bird nesting will continue to 
be designated through the Superintendent's Compendium. See 36 CFR 1.5, 
1.7.

(d) Is Loggerhead Key open to the public?

    Loggerhead Key will be open to the public subject to closures in 
certain areas and restrictions on certain activities. Loggerhead Key is 
the largest key in the park and contains an operating 150-foot 
lighthouse and other structures. Most of the island falls within the 
RNA; however, the center portion, containing the lighthouse and the 
other structures, falls within a historic preservation/adaptive use 
zone. Paragraph (d) is consistent with the GMPA's decision to manage 
access and recreational activities on Loggerhead Key. To protect the 
natural and cultural resources of the island, as well as providing 
appropriate visitor experiences, the superintendent may impose terms 
and conditions on activities as necessary. The public will be notified 
of any such requirements through one or more of the methods listed in 
Sec.  1.7 of this chapter. Such terms and conditions include, but are 
not limited to: docking, hiking restrictions, beach and swimming 
access, and other restrictions or closures necessary to conserve the 
natural and cultural resources of the island.

(e) Are there restrictions that apply to anchoring a vessel in the 
park?

    Paragraph (e) addresses anchoring locations in general and 
anchoring prohibitions in the RNA. In the past, boaters have commonly 
anchored in sea grass beds and rubble bottom, which has resulted in 
unacceptable impacts to park resources. By restricting anchoring to 
authorized locations and prohibiting anchoring in all other areas, 
except in emergencies, degradation to coral reefs and seagrass meadows 
will be significantly reduced. Paragraph (e)(1) requires vessels to use 
mooring buoys. The RNA requires a higher level of protection of the 
marine ecosystem; thus the use of anchors in this area is prohibited.
    Paragraph (e)(2) specifies where vessels can anchor. The 
``designated anchorage'' identified in the existing 36 CFR 7.27(b) is 
also revised to reflect the GMPA's management zone which calls for 
limiting anchorage of vessels from sunset to sunrise to the historic 
preservation/adaptive use zone around Garden Key. This ``designated 
anchorage'' is any sand or rubble bottom within one nautical mile of 
the Fort Jefferson Harbor Light. This area has been identified as the 
designated anchorage through the use of the Superintendent's Compendium 
for the previous 10 years.
    Paragraph (e)(4) imposes restrictions on anchoring by commercial 
fishing and shrimping vessels consistent with U.S. Coast Guard 
regulations found in 33 CFR 110.190.

(f) What vessel operations are prohibited?

    This paragraph addresses several issues of unsafe or otherwise 
prohibited vessel operations. The Fort Jefferson moat is closed to 
vessels to preserve and protect the historic scene and prevent damage 
to the structures. Vessel use in the moat could damage the walls of the 
fort and the integrity of the moat wall. Because of the large volume of 
vessel traffic in and around the Garden Key and Bird Key harbors, 
vessels are required to operate at a flat wake speed to prevent injury 
and damage resulting from boat wakes.

(g) What are the regulations regarding the discharge of materials in 
park waters?

    Paragraph (g) provides for greater protection of the water quality 
within the park by generally prohibiting the discharge or deposit of 
any material or substance in park waters. The NPS wishes to maintain 
the highest possible water quality, free of bacterial and chemical 
contamination, for health and safety reasons as well as to maintain the 
park's environment. The NPS recognizes that certain discharges from 
vessels, such as bilge water, gray water and engine exhaust cannot be 
contained and some natural substances, such as fish parts, would have 
minimal impact on the water quality and therefore, would be allowed. 
These proposed regulations are similar to the regulations found in the 
Florida Keys National Marine Sanctuary (15 CFR 922.163). To address 
future issues regarding the discharge of materials or substances in 
park waters, the superintendent may impose further restrictions as 
necessary to protect park resources, visitors, or employees. The public 
will be notified of any changes through one or more methods listed in 
Sec.  1.7 of this chapter.

(h) What are the permit requirements in the park?

    Paragraph (h) requires that individuals obtain a permit from the 
superintendent in order to take part in any recreational activity 
occurring from a vessel within the park. By definition, permits may be 
issued in writing or be

[[Page 17782]]

provided by oral (radio or telephone) authorization. Permitted 
activities may include anchoring, fishing, snorkeling, diving, wildlife 
viewing, photography, and the use of mooring buoys. In the RNA, no 
permits will be issued for anchoring or fishing as these are prohibited 
activities. Transiting the park by vessel without stopping to engage in 
research or recreational activities in the park shall not require a 
permit. All research conducted in the park also requires a permit. In 
the RNA, permits will only be issued for non-manipulative research 
(i.e., that which does not alter the existing condition).

(i) How are coral and other underwater features protected in the park?

    The coral formations within the park are internationally recognized 
as unique and significant. Public Law 102-525 establishing the park 
requires protection of the ``pristine subtropical marine ecosystems, 
including an intact coral reef community.'' Accordingly, this rule 
proposes new provisions for the protection of corals. Significant 
damage to coral can be caused by divers or snorkelers handling or 
standing on coral, especially in areas of heavy use. The NPS hopes to 
mitigate this damage by specifically prohibiting these actions, thereby 
resulting in persons being responsible for any damage that occurs to 
the coral through contact with their body or their equipment, such as 
fins, SCUBA tanks, gauges, or cameras. Language is also included to 
prohibit taking or removing corals and live rock. These provisions are 
similar to special regulations in the adjacent Florida Keys National 
Marine Sanctuary (15 CFR 922.163). Coral damage caused by vessels is 
often attributed to carelessness of vessel operators but can be avoided 
through more careful vessel operation. This proposed rule would make 
vessel operators responsible for preventing damage to corals by their 
vessels. This provision is similar to regulations in the adjacent 
Florida Keys National Marine Sanctuary (15 CFR 922.163).
    Paragraph (i)(3) would result in vessel operator responsibility for 
any damage to coral, seagrass, or any other underwater feature caused 
by their anchors or anchor parts. This is to prevent damage to fragile 
resources and assure the highest level of resource protection.

(j) What restrictions do I need to know when on or near shipwrecks 
found in the park?

    Paragraph (j) provides specific protection for wrecked or abandoned 
craft and their cargo. Dry Tortugas National Park possesses one of the 
greatest concentrations of historically significant shipwrecks in North 
America, with some dating back to the 1600's. Within the park boundary, 
there have been more than 275 historically documented maritime 
casualties (shipwrecks, groundings, strandings), and human activity has 
left a significant material record. Protection of submerged cultural 
resources is a park priority, as well as a management purpose 
identified in Public Law 102-525 (16 U.S.C. 410xx et seq.). Consistent 
with the park's statutory mandate, these regulations would provide 
specific protection for these cultural resources in addition to 
protections provided by regulations in 36 CFR 2.1, the Antiquities Act 
(16 U.S.C. 431-433) and its implementing regulations (43 CFR part 3), 
the Archeological Resources Protection Act (16 U.S.C. 470aa-mm) and its 
implementing regulations (43 CFR part 7), the Florida Historical 
Resources Act of 1997 (F.S. chap 267 rev 1993) and its implementing 
regulations (Florida Administrative Code 1A-31).

(k) Can aircraft land in the park?

    Paragraph (k) allows the superintendent to manage aircraft 
operations by requiring users to obtain a permit to land seaplanes in 
the park. Seaplanes provide transportation for a significant number of 
park visitors. The NPS's general regulation at 36 part CFR 2.17 
authorizes the superintendent to designate, through a special 
regulation, operating/landing locations within the park. It also 
prohibits aircraft from operating under power within 500 feet of 
swimming beaches, boat docks or piers unless designated through a 
special regulation. In order to reach the designated ramp for 
discharging passengers, seaplanes must taxi within 500 feet of dock 
areas. This paragraph will specify that a landing or takeoff may not be 
made within 500 feet of Garden Key or 500 feet of Bush Key (when it is 
closed for wildlife nesting), but taxiing is allowed when seaplane use 
is permitted. The existing regulations use a 300-yard limit for 
approaches, landings and takeoffs. The new limit of 500 feet will also 
bring these regulations in line with the general aircraft regulations 
provision of 500 feet.

Compliance With Other Laws

Regulatory Planning and Review (Executive Order 12866)

    (1) This rule will not have an effect of $100 million or more on 
the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities. The NPS has completed the report ``Cost-Benefit Analysis: 
Proposed Regulations Implementing the Final General Management Plan 
Amendment/Environmental Impact Statement for Dry Tortugas National 
Park.'' (August 15, 2005.) This document may be viewed on the park's 
Web site at: https://www.nps.gov/drto/pphtml/documents.html.
    This conclusion is based on the fact that the proposed regulations 
would not impose significant impacts on any business. The regulations 
are based on the FGMPA/EIS or are restatements, clarifications, and 
definitions of previously established policies and regulations 
resulting in no change or effects on the economy.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency. Actions 
taken under this rule will not interfere with other agencies or local 
government plans, policies or controls. This rule is an agency specific 
rule.
    (3) This rule will not materially affect budgetary effects of 
entitlements, grants, user fees, or loan programs or the rights or 
obligations of their recipients. This rule will have no effects on 
entitlements, grants, user fees, or loan programs or the rights or 
obligations of their recipients. No grants or other forms of monetary 
supplements are involved.
    (4) This rule does not raise novel legal or policy issues.

Regulatory Flexibility Act

    The Department of the Interior certifies that this rulemaking will 
not have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
This certification is based on a report entitled ``Regulatory 
Flexibility Threshold Analysis: Proposed Regulations Implementing the 
Final General Management Plan Amendment/Environmental Impact Statement 
for Dry Tortugas National Park.'' (January 27, 2005). This document may 
be viewed on the park's website at: https://www.nps.gov/drto/pphtml/
documents.html.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This proposed rule:

[[Page 17783]]

    a. Does not have an annual effect on the economy of $100 million or 
more.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act

    This rule will not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule will not have a significant or unique effect on State, 
local or tribal governments or the private sector. This rule is an 
agency specific rule and does not impose any other requirements on 
other agencies, governments, or the private sector.

Takings (Executive Order 12630)

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. A taking implication assessment is 
not required. No taking of personal property will occur as a result of 
this rule.

Federalism (Executive Order 13132)

    In accordance with Executive Order 13132, the rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment. This proposed rule only applies to the use of 
NPS administered lands and waters. Both the State of Florida and the 
United States claim title to submerged lands located within the 
boundaries of the park established by Congress. Rather than addressing 
this issue through potentially protracted litigation, the State and the 
Department have entered into the ``Management Agreement for Certain 
Submerged Lands in Monroe County, Florida, Located within Dry Tortugas 
National Park'' approved by the Florida Governor and Cabinet on August 
9, 2005 and by the Secretary of the Interior on December 20, 2005. This 
document may be viewed on the park's Web site at https://nps.gov/drto/
pphtml/documents.html. The proposed regulations are consistent with the 
requirements of the Management Agreement. Once final, the regulations 
shall be reviewed at least every five years, and as appropriate, 
revised, and reissued, based upon the results of the research program 
conducted pursuant to the Management Agreement as well as the 
information contained in the management plan status report prepared by 
the National Park Service detailing the status and activities of the 
implementation of the FGMPA/EIS. Information and data collected 
regarding the effectiveness and performance of the RNA will also be 
reviewed and evaluated. Under adaptive management, NPS may consider 
changes in the RNA, including boundary adjustments and modifications to 
the protection and conservation management strategies applicable to the 
RNA.
    Consistent with the Management Agreement, the National Park Service 
will obtain the concurrence of the Board of Trustees of the Internal 
Improvement Trust Fund regarding that portion of the regulations 
pertaining to the management of submerged lands within the park. 
Further, consistent with the Management Agreement, the National Park 
Service shall submit for review to the Florida Fish and Wildlife 
Conservation Commission proposed regulations as well as any proposed 
revisions or amendments thereto.

Civil Justice Reform (Executive Order 12988)

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that this rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.

Paperwork Reduction Act

    This regulation does not require an information collection from 10 
or more parties and a submission under the Paperwork Reduction Act is 
not required. An OMB Form 83-I is not required.

National Environmental Policy Act

    The Department of the Interior, National Park Service (NPS) has 
prepared a Final General Management Plan Amendment/Environmental Impact 
Statement (FGMPA/EIS) for Dry Tortugas National Park, Monroe County, 
Florida. Five alternatives were evaluated for guiding the management of 
the park over the next 15 to 20 years. The alternatives incorporate 
various zoning applications and other management provisions to ensure 
resource protection and quality visitor experience conditions. The 
environmental consequences anticipated from implementation of each 
alternative are addressed in the FGMPA/EIS. Impacts to natural and 
cultural resources, visitor experience, socioeconomic environment, and 
park operations/facilities are analyzed. The FGMPA/EIS was prepared in 
conjunction with planning by the Florida Keys National Marine Sanctuary 
(FKNMS or sanctuary), the Florida Fish and Wildlife Conservation 
Commission (FFWCC) and the Gulf of Mexico Fishery Management Council 
(GMFMC) to establish a Tortugas Ecological Reserve (TER) in State and 
Federal waters adjacent to Dry Tortugas National Park. State and 
Federal approvals for the TER are complete and implementation of the 
ecological reserve is underway.
    After careful consideration of legislative mandates, visitation 
trends, environmental impacts, relevant scientific studies, and 
comments from the public and agencies, the National Park Service will 
implement Alternative C as described in the Final GMPA/EIS issued in 
January 2001 (with some minor clarifications, as listed in Appendix A, 
Errata). This alternative best accomplishes the legislated purposes of 
Dry Tortugas National Park and the statutory mission of the National 
Park Service to provide long-term protection of park resources and 
values while allowing for visitor use and enjoyment. It also furthers 
the objectives of Executive Order 13089, Coral Reef Protection.
    The goal of the selected action is to afford a high level of 
protection to park resources and provide for appropriate types and 
levels of high quality visitor experiences. This will be accomplished 
through management zoning, establishing visitor carrying capacity for 
specific locations in the park, using commercial services to direct and 
structure visitor use, and instituting a permit system for private 
boaters. A wide range of recreational and educational opportunities 
will be available to visitors provided that appropriate resource 
conditions are maintained. Visitor experiences will be enhanced due to 
expanded access throughout the park and higher quality resources to 
enjoy.
    Several consultations took place with government agencies during 
the EIS process, including the Florida Keys National Marine Sanctuary, 
the Florida Fish and Wildlife Conservation Commission, and the Gulf of 
Mexico Fishery Management Council. Pursuant to section 7 requirements 
of the Endangered Species Act, the NPS is consulting with the U.S. Fish 
and Wildlife Service and the National Marine Fisheries Service 
regarding potential effects of the proposed regulations on federally 
listed species.
    The NPS Southeast Regional Director signed the Record of Decision 
(ROD) on July 27, 2001. In reaching a decision, NPS carefully 
considered the comments and concerns expressed by the public throughout 
the EIS process. The EIS and

[[Page 17784]]

ROD are available online at: https://www.nps.gov/drto/pphtml/
documents.html or at Everglades National Park, as indicated above under 
the heading FOR FURTHER INFORMATION CONTACT.
    The National Park Service has also carefully reviewed available 
information regarding current environmental conditions at Dry Tortugas 
National Park and environmental effects of the selected action. Based 
on this review, the National Park Service has found no significant new 
circumstances or information relevant to environmental concerns and 
bearing on the selected action or its impacts. Therefore, the National 
Park Service has concluded that supplementation of the 2001 
Environmental Impact Statement is unnecessary.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government to Government Relations with Native American Tribal 
Governments'' (59 FR 22951) and 512 DM 2, we have evaluated potential 
effects on federally recognized Indian tribes and have determined that 
there are no potential effects.

Clarity of Rule

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand. We invite your comments on how to make 
this rule easier to understand, including answers to questions such as 
the following: (1) Are the requirements in the rule clearly stated? (2) 
Does the rule contain technical language or jargon that interferes with 
its clarity? (3) Does the format of the rule (grouping and order of 
sections, use of headings, paragraphing, etc.) aid or reduce its 
clarity? (4) Would the rule be easier to read if it were divided into 
more (but shorter) sections? (A ``section'' appears in bold type and is 
preceded by the symbol ``Sec. '' and a numbered heading; for example 
Sec.  7.27, Dry Tortugas National Park.) (5) Is the description of the 
rule in the SUPPLEMENTARY INFORMATION section of the preamble helpful 
in understanding the proposed rule? What else could we do to make the 
rule easier to understand?
    Send a copy of any comments that concern how we could make this 
rule easier to understand to: Office of Regulatory Affairs, Department 
of the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240. 
You may also e-mail the comments to this address: Exsec@ios.doi.gov.

Drafting Information

    The primary authors of this regulation are: Bonnie Foist, Lynda 
Lancaster, Bob Howard, Bill Wright, Brien Culhane, and Elaine Hall of 
Everglades National Park, Don Jodrey, Department of the Interior Office 
of the Solicitor, and Cliff McCreedy, National Park Service, Natural 
Resource Stewardship and Science and Jerry Case, Regulations Program 
Manager, NPS, Washington, DC.

Public Participation

    If you wish to comment, you may submit your comments by any one of 
several methods. You may mail or hand deliver comments to 
Superintendent, Everglades National Park, 40001 State Route 9336, 
Homestead, FL 33034-6733 or fax to (305) 242-7711. Comments may also be 
submitted on the Federal rulemaking portal: https://www.regulations.gov 
Follow the instructions for submitting comments. Please identify 
comments by: RIN 1024-AD45 or sent by e-mail to ever -- superintendent 
@ nps.gov. Use RIN 1024-AD45 in the subject line.
    Written or oral comments will also be accepted during a public 
meeting to be held during the 60-day comment period. Date and location 
of the meeting will be determined at a later date and will be announced 
through local press releases and the park's Web site at https://
www.nps.gov/drto.
    Our practice is to make comments, including names and addresses of 
respondents, available for public review during regular business hours. 
Individual respondents may request that we withhold their home address 
from the rulemaking record, which we will honor to the extent allowable 
by law. If you wish us to withhold your name and/or address, you must 
state this prominently at the beginning of your comment. However, we 
will not consider anonymous comments. We will make all submissions from 
organizations or businesses, and from individuals identifying 
themselves as representatives or officials or organizations or 
businesses, available for public inspection in their entirety.

List of Subjects in 36 CFR Part 7

    District of Columbia, National Parks, Reporting and recordkeeping 
requirements.

    In consideration of the foregoing, the National Park Service 
proposes to amend 36 CFR part 7 as follows:

PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM

    1. The authority for part 7 continues to read as follows:


    Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); Sec. 7.96 also 
issued under D.C. Code 8-137 (1981) and D.C. Code 40-721 (1981).

    2. Sec.  7.27 is revised to read as follows:


Sec.  7.27  Dry Tortugas National Park

    (a) What terms do I need to know? The following terms apply to this 
section only:
    Baitfish means: ballyhoo (family Exocoetidae and genus 
Hemiramphus), other genus may be included in this family; minnow 
(families Cyprinodontidae, Peciliidae, or Aherinidae); mojarra (family 
Gerreidae); mullet (family Mugilidae); pilchard (family Clupeidae); 
pinfish (family Sparidae, genus Lagodon).
    Cast net means a type of circular falling net, weighted on its 
periphery, which is thrown and retrieved by hand, measuring 14 feet or 
less stretched length (stretched length is defined as the distance from 
the horn at the center of the net with the net gathered and pulled 
taut, to the lead line).
    Designated anchorage means any area of sand or rubble bottom within 
one nautical mile of the Fort Jefferson Harbor Light.
    Dip net means a hand held device for obtaining bait, the netting of 
which is fastened in a frame. A dip net may not exceed three (3) feet 
at its widest point.
    Finfish means a member of subclasses Agnatha, Chondrichthyes, or 
Osteichthyes.
    Flat wake speed means the minimum required speed to leave a flat 
wave disturbance close astern a moving vessel yet maintain steerageway, 
but in no case in excess of 5 statute miles per hour.
    Guide operations means the activity, of a person, partnership, 
firm, corporation, or other entity to provide services for hire to 
visitors of the park. This includes but is not limited to fishing, 
diving, snorkeling, and wildlife viewing.
    Live rock means any living marine organism or assemblage thereof 
attached to a hard substrate,including dead coral or rock but not 
individual mollusk shells.
    Lobster means Shovelnosed or Spanish Lobster (Scyllarides 
aequinoactialis), Slipper lobster (Parribacus antarcticus), Caribbean 
spiny lobster (Panulirus argus), or spotted spiny lobster (Panulirus 
guttatus).
    Marine life means sponges, sea anenomes, corals, jellyfish, sea

[[Page 17785]]

cucumbers, starfish, sea urchins, octopus, crabs, shrimp, barnacles, 
worms, conch, and other animals belonging to the Phyla Porifera, 
Cnidaria, Echinodermata, Mollusca, Bryozoa, Brachiopoda, rthropoda, 
Platyhilmenthes, and Annelida.
    Not available for immediate use means not readily accessible for 
immediate use, e.g., by being stowed unbaited in a cabin, locker or 
similar storage area, or being securely covered and lashed to a deck or 
bulkhead, or in a rod holder with hooks and lures removed.
    Ornamental tropical fish usually means a brightly colored fish, 
often used for aquarium purposes and which lives in close relationship 
to coral communities, belonging to the families Syngathidae, 
Apogonidae, Pomacentridae, Scaridae, Blennidae, Callionymidae, 
Gobiidae, Ostraciidae, or Diodontidae.
    Permit, in the case of 36 CFR Part 7.27, means an authorization in 
writing or orally (e.g., via radio or telephonically).
    Research Natural Area (RNA) at Dry Tortugas means the 46-square-
statute-mile area in the northwest portion of the park enclosed by 
connecting with straight lines the adjacent points of 82[deg]51' W and 
24[deg]36' N, and 82[deg]58' W and 24[deg]36' N west to the park 
boundary, but excluding: (1) The approximately 3-square nautical mile 
adaptive use zone designated by the superintendent with notice to the 
public through one or more methods listed in Sec.  1.7 of this chapter; 
(2) the designated anchorage; (3) Garden Key, Bush Key and Long Key; or 
(4) the central portion of Loggerhead key including the lighthouse and 
associated buildings.
    Shrimp means a member of the genus Farfantepenaeus, Penaeus sp.
    (b) Are there recreational fishing restrictions that I need to 
know? (1) After consulting with and obtaining the concurrence of the 
Florida Fish and Wildlife Conservation Commission, based on management 
objectives and the park fisheries research, the superintendent may 
impose closures and establish conditions or restrictions necessary 
pertaining to fishing, including but not limited to species of fish 
that may be taken, seasons and hours during which fishing may take 
place, methods of taking, and size, bag and possession limits. The 
public will be notified of any changes through one or more methods 
listed in Sec.  1.7 of this chapter. In emergency situations, after 
consulting with the Florida Fish and Wildlife Conservation Commission, 
the superintendent may impose temporary closures and establish 
conditions or restrictions necessary, but not exceeding 30 days in 
duration which may be extended for one additional 30 day period, 
pertaining to fishing, including but not limited to species of fish 
that may be taken, seasons and hours during which fishing may take 
place, methods of taking, and size, bag and possession limits. In 
emergency situations where consultation in advance is not possible, the 
superintendent will consult with the Florida Fish and Wildlife 
Conservation Commission within 24-hours of the initiation of the 
temporary closure or restriction.
    (2) Only the following may be legally taken from Dry Tortugas 
National Park:
    (i) Fin fish by closely attended hook-and-line;
    (ii) Baitfish by closely attended hook and line, dip net, or cast 
net and limited to 5 gallons per vessel per day;
    (iii) Shrimp may be taken by dip net or cast net.
    (3) The following waters and areas are closed to fishing:
    (i) The Research Natural Area (RNA). Fish and fishing gear may be 
possessed aboard a vessel in the RNA, provided such fish can be shown 
not to have been harvested from within, removed from, or taken within, 
the RNA as applicable, by being stowed in a cabin, locker, or similar 
storage area prior to entering and during transit through the RNA, 
provided further that such vessel is in continuous transit through the 
RNA. Gear capable of harvesting fish may be aboard a vessel in the RNA, 
provided such gear is not available for immediate use when entering and 
during transit through the RNA and no presumption of fishing activity 
shall be drawn therefrom.
    (ii) Garden Key moat;
    (iii) Within any swimming and snorkeling areas designated by buoys;
    (iv) Within 50 feet of the historic coaling docks;
    (v) Helipad areas, including the gasoline refueling dock.
    (4) The following are prohibited:
    (i) The possession of lobster within the boundaries of the park; 
unless the individual took the lobster outside park waters and has the 
proper State/Federal licenses and permits. Vessels with legally taken 
lobster aboard which was taken outside the park may not have persons 
overboard in park waters. The presence of lobster aboard a vessel in 
park waters, while one or more persons from such vessel are overboard, 
shall constitute prima facie evidence that such lobsters were harvested 
from park waters in violation of this chapter.
    (ii) The taking of fish by pole spear, Hawaiian sling, rubber 
powered, pneumatic, or spring loaded gun or similar device known as a 
speargun, air rifles, bows and arrows, powerheads, or explosive powered 
guns. Operators of vessels within the park must break down and store 
all described weapons so such gear is not available for immediate use.
    (iii) The use of a hand held hook, gig, gaff, or snare is 
prohibited, except that a gaff may be used for landing a fish lawfully 
caught by hook and line when consistent with all requirements provided 
herein including size and species restrictions.
    (iv) The taking, possession or touching of any ornamental tropical 
fish or marine life except as expressly provided in this section.
    (v) Dragging or trawling a dip net or cast net.
    (vi) The use of nets except as provided in (b)(2)(ii) and (iii).
    (5) Engaging in guide operations (fee for service), including but 
not limited to fishing and diving, except in accordance with the 
provisions of a permit, contract, or other commercial use 
authorization, or other written agreement with the United States and 
administered under this chapter is prohibited.
    (c) Are there any areas of the park closed to the public? Yes. The 
following areas are closed to the public:
    (1) The elkhorn (Acropora palmata) and staghorn (Acropora 
prolifera) patches adjacent to and including the tidal channel 
southeast of Long and Bush Keys and extending to 100 yards from the 
exterior edge of either patch.
    (2) Hospital and Long Keys.
    (3) Areas designated by the superintendent in accordance with Sec.  
1.5 and noticed to the public through one or more of the methods listed 
in Sec.  1.7 of this chapter.
    (d) Is Loggerhead Key open to the public? The superintendent shall 
designate areas on Loggerhead Key as closed for public use, establish 
closures or restrictions on and around the waters of Loggerhead Key, 
and establish conditions for docking, swimming or wading, and hiking as 
necessary to protect park resources, visitors, or employees. The public 
will be notified of any such designations, closures or restrictions 
through one or more methods listed in Sec.  1.7 of this chapter.
    (e) Are there restrictions that apply to anchoring a vessel in the 
park? (1) Anchoring in the Research Natural Area (RNA) is prohibited.
    (2) All vessels in the RNA must use designated mooring buoys.
    (3) Anchoring between sunset and sunrise is limited to the 
designated anchorage area at Garden Key.

[[Page 17786]]

    (4) Except in cases of emergency involving danger to life or 
property, no vessel engaged in commercial fishing or shrimping shall 
anchor in any of the channels, harbors or lagoons in the vicinity of 
Garden Key, Bush Key, or the surrounding shoals outside of Bird Key 
Harbor. Emergencies may include, but are not limited to, adverse 
weather conditions, mechanical failure, medical emergencies or other 
public safety situations.
    (f) What vessel operations are prohibited? The following vessel 
operations are prohibited:
    (1) Operating a vessel in the Fort Jefferson Moat;
    (2) Operating a vessel above a flat wake speed in the Garden Key 
and Bird Key Harbor areas.
    (g) What are the regulations regarding the discharge of materials 
in park waters? (1) The discharge or deposit of materials or substances 
of any kind within the boundaries of the park is prohibited, except for 
the following:
    (i) Fish, fish parts, chumming material, or bait used or produced 
incidental to and while conducting recreational fishing activities;
    (ii) Graywater from sinks, consisting of only water and food 
particles;
    (iii) Vessel cooling water, engine exhaust, or bilge water when not 
contaminated by oil or other substances.
    (2) The superintendent may impose further restrictions as necessary 
to protect park resources, visitors, or employees. The public will be 
notified of any such requirements through one or more methods listed in 
Sec.  1.7 of this chapter.
    (h) What are the permit requirements in the park? (1) A permit, 
issued by the superintendent, is required for all non-commercial 
vessels for which occupants are engaged in recreational activities, 
including all activities in the RNA. Permitted recreational activities 
include but are not limited to use of mooring buoys, snorkeling, 
diving, wildlife viewing, and photography.
    (2) A permit, issued by the superintendent, is required for a 
person, group, institution, or organization conducting research 
activities in the park.
    (3) Vessels transiting the park without interruption shall not 
require a permit.
    (i) How are corals and other underwater natural features protected 
in the park? (1) Taking, possessing, removing, damaging, touching, 
handling, harvesting, disturbing, standing on, or otherwise injuring 
coral, coral formation, seagrass or other living or dead organisms, 
including marine invertebrates, live rock, and shells, is prohibited.
    (2) Vessel operators are prohibited from allowing their vessel to 
strike, injure, or damage coral, seagrass, or any other immobile 
organism attached to the seabed.
    (3) Vessel operators are prohibited from allowing an anchor, chain, 
rope or other mooring device to be cast, dragged, or placed so as to 
strike, break, abrade, or otherwise cause damage to coral formations, 
sea grass, or submerged cultural resources.
    (j) What restrictions do I need to know when on or near shipwrecks 
found in the park? No person may destroy, molest, remove, deface, 
displace, or tamper with wrecked or abandoned vessels of any type or 
condition, or any cargo pertaining thereto; and, the survey, inventory, 
dismantling, or recovery of any such wreck or cargo within the 
boundaries of the park is prohibited unless permitted in writing by the 
superintendent.
    (k) How are aircraft operations restricted in the park? (1) Landing 
an aircraft in Dry Tortugas National Park may occur only in accordance 
with a permit issued by the superintendent pursuant to Sec.  1.6 of 
this chapter.
    (2) When landing is authorized by permit, the following 
requirements also apply:
    (i) Aircraft may be landed on the waters within a radius of 1 mile 
of Garden Key, but a landing or takeoff may not be made within 500 feet 
of Garden Key, or within 500 feet of Bush Key when Bush Key is closed 
to the public to protect nesting wildlife. The operation of aircraft is 
also subject to Sec.  2.17, except that seaplanes may be taxied closer 
than 500 feet to the Garden Dock while enroute to or from the 
designated ramp, north of the dock.
    (ii) Seaplanes may be moored or brought up on land only on the 
designated beach, north of the Garden Key dock.

Matthew J. Hogan,
Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 06-3295 Filed 4-6-06; 8:45 am]
BILLING CODE 4310-70-P