Consideration of Marine Reserves and Marine Conservation Areas Within the Channel Islands National Marine Sanctuary, 46134-46144 [06-6812]

Download as PDF 46134 Federal Register / Vol. 71, No. 155 / Friday, August 11, 2006 / Proposed Rules jlentini on PROD1PC65 with PROPOSAL 05–ANM–3) and be submitted in triplicate to the Docket Management System (see ADDRESSES section for address and phone number). You may also submit comments through the Internet at http:// dms.dot.gov. Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed, stamped postcard on which the following statement is made: ‘‘Comments to FAA Docket No. FAA–2005–20381 and Airspace Docket No. 05–ANM–3.’’ The postcard will be date/time stamped and returned to the commenter. All communications received on or before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this action may be changed in light of comments received. All comments submitted will be available for examination in the public docket both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket. Availability of NPRM’s An electronic copy of this document may be downloaded through the Internet at http://dms.dot.gov. Recently published rulemaking documents can also be accessed through the FAA’s Web page at http://www.faa.gov or the Federal Register’s Web page at http:// www.gpoaccess.gov/fr/index.html. You may review the public docket containing the proposal, any comments received, and any final dispositions in person in the Dockets Office (see ADDRESSES section for address and phone number) between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the office of the Regional Air Traffic Division, Federal Aviation Administration, Air Traffic Organization, Western En Route and Oceanic Service Area Office, Airspace Branch, 1601 Lind Avenue, SW., Renton, WA 98057. Persons interested in being placed on a mailing list for future NPRM’s should contact the FAA’s Office of Rulemaking, (202) 267–9677, for a copy of Advisory Circular No. 11–2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure. The Proposal The FAA is proposing to amend Title 14 Code of Federal Regulations (14 CFR) part 71 by revising Class E airspace at VerDate Aug<31>2005 16:22 Aug 10, 2006 Jkt 208001 Gillette-Campbell County Airport, Gillette, WY. The establishment of a new RNAV GPS SIAP requires additional controlled airspace. Additional controlled airspace extending upward from 1,200 feet above the surface of the earth is necessary for the safety of IFR aircraft executing the new RNAV GPS SIAPs at GilletteCampbell County Airport. Controlled airspace is necessary where there is a requirement for IFR services, which include arrival, departure, and transitioning to/from the terminal or en route environment. Class E airspace designations are published in paragraph 6005 of FAA Order 7400.9N, dated September 1, 2005, and effective September 15, 2005, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order. The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this proposed regulation: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this proposed rule, when promulgated, would not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. § 71.1 [Amended] List of Subjects in 14 CFR Part 71 DEPARTMENT OF COMMERCE Airspace, Incorporation by reference, Navigation (air). National Oceanic and Atmospheric Administration 2. The incorporation by reference in 14 CFR 71.1 of the FAA Order 7400.9N, Airspace Designations and Reporting Points, dated September 1, 2005, and effective September 15, 2005, is amended as follows: Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth. * * * * * ANM WY E5 Gillette, WY [Revised] Gillette-Campbell County Airport, WY (Lat. 44°20′56″ N., long. 105°32′22″ W.) Gillette VOR/DME (Lat. 44°20′52″ N., long. 105°32′37″ W.) That airspace extending upward from 700 feet above the surface of the earth within 6.1 miles east and 8.3 miles west of the Gillette VOR/DME 176° and 356° radials extending from 15.3 miles south to 16.1 miles north of the VOR/DME; that airspace extending upward from 1200 feet above the surface of the earth bounded by a line beginning at lat. 44°47′00″ N., long. 106°22′32″ W.; to lat. 44°23′00″ N., long. 106°22′32″ W.; to lat. 44°16′00″ N., long. 105°58′02″ W.; to lat. 44°05′00″ N., long. 106°00′02″ W.; to lat. 43°49′15″ N., long. 106°09′32″ W.; to lat. 43°39′00″ N., long. 106°00′02″ W.; to lat. 43°39′00″ N., long. 105°09′02″ W.; to lat. 44°08′30″ N., long. 105°09′00″ W.; to lat. 44°01′00″ N., long. 104°51′02″ W.; to lat. 44°30′00″ N., long. 104°41′02″ W.; to lat. 44°39′00″ N., long. 105°20′00″ W.; to lat. 44°55′00″ N., long. 105°20′00″ W.; to lat. 44°55′00″ N., long. 105°55′00″ W.; to lat. 44°43′30″ N., long. 105°55′00″ W.; thence to point of beginning. * * * * * Issued in Seattle, Washington, on July 19, 2006. John Warner, Manager, Planning and Requirements, Western Service Area. [FR Doc. E6–13202 Filed 8–10–06; 8:45 am] BILLING CODE 4910–13–P The Proposed Amendment Accordingly, pursuant to the authority delegated to me, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 15 CFR Part 922 [Docket No. 060707188–6188–01] RIN 0648–AT18 Consideration of Marine Reserves and Marine Conservation Areas Within the Channel Islands National Marine Sanctuary National Marine Sanctuary Program (NMSP), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Proposed rule. AGENCY: E:\FR\FM\11AUP1.SGM 11AUP1 Federal Register / Vol. 71, No. 155 / Friday, August 11, 2006 / Proposed Rules SUMMARY: NOAA is proposing to establish a network of marine zones within the Channel Islands National Marine Sanctuary (CINMS or Sanctuary). Marine zones are discrete areas that have special regulations differing from the regulations that apply throughout or above the Sanctuary as a whole. The purpose of these proposed zones is to further the protection of Sanctuary biodiversity and complement an existing network established by the State of California in October 2002, and implemented in April 2003, under its authorities. Two types of zones are being proposed by this action: marine reserves and marine conservation areas. All extractive activities (e.g., removal of any Sanctuary resource) and injury to Sanctuary resources would be prohibited in all zones of the Sanctuary designated as marine reserves. Certain lobster fishing and recreational fishing for pelagic species would be allowed within zones of the Sanctuary designated as marine conservation areas, while all other extraction and injury would be prohibited. The CINMS is approximately 1268 square nautical miles. The proposed action would establish approximately 232 square nautical miles of marine reserves and 8.6 square nautical miles of marine conservation areas in the state and federal waters of the Sanctuary. As part of this action, NOAA is also proposing to modify the terms of designation for the Sanctuary, which were originally published on October 2, 1980 (45 FR 65198), to allow for the regulation of extractive activities, including fishing, in the proposed marine reserves and marine conservation areas, and a slight modification to the outer boundary of the CINMS. DATES: Comments must be received by October 10, 2006. Dates for public hearings are: 1. September 26, 2006, 6:15 p.m. to 9 p.m., Ventura, California. 2. September 28, 2006, 6:15 p.m. to 9 p.m., Santa Barbara, California. Please refer to ADDRESSES for additional information on the public hearings. You may submit comments by any of the following methods: • E-mail: CINMSReserves.DEIS@noaa.gov. Include in the subject line the following document identifier: Proposed marine reserves in CINMS. • Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. • Mail: Sean Hastings, Channel Islands National Marine Sanctuary, 113 jlentini on PROD1PC65 with PROPOSAL ADDRESSES: VerDate Aug<31>2005 15:01 Aug 10, 2006 Jkt 208001 Harbor Way, Suite 150, Santa Barbara, CA 93109. Copies of the draft environmental impact statement, regulatory impact review, and initial regulatory flexibility analyses may be obtained from NOAA’s Channel Islands National Marine Sanctuary web site at http:// channelislands.noaa.gov/ or by writing to Sean Hastings, Resource Protection Coordinator, Channel Islands National Marine Sanctuary,113 Harbor Way, Suite 150, Santa Barbara, CA 93109; email: Sean.Hastings@noaa.gov. Hearings: The hearing on Tuesday, September 26, 2006, 6:15–9 pm will be held in the Sheraton Four Points Hotel, San Buenaventura Ballroom, 1050 Schooner Drive, Ventura, California. The hearing on Thursday, September 28, 2006, 6:15–9 pm will be held at the Earl Warren Showgrounds, Exhibit Building, 3400 Calle Real, Santa Barbara, California Paperwork Burden: Written comments regarding the burden-hour estimates or other aspects of the collection-ofinformation requirements contained in this proposed rule may be submitted to David Bizot, National Permit Coordinator, 1305 East West Highway, Silver Spring, MD 20910 and by e-mail to David_Rostker@omb.eop.gov, or fax to (202) 395–7285. FOR FURTHER INFORMATION CONTACT: Sean Hastings, (805) 884–1472; e-mail: Sean.Hastings@noaa.gov. SUPPLEMENTARY INFORMATION: I. Background A. Channel Islands National Marine Sanctuary The CINMS area is approximately 1,252.5 square nautical miles adjacent to the following islands and offshore rocks: San Miguel Island, Santa Cruz Island, Santa Rosa Island, Anacapa Island, Santa Barbara Island, Richardson Rock, and Castle Rock (collectively the Channel Islands), extending seaward to a distance of approximately 6 nautical miles. NOAA designated the CINMS in 1980 to protect the area’s rich and diverse range of marine life and habitats, unique and productive oceanographic processes and ecosystems, and culturally significant resources (see 45 FR 65198). The Sanctuary was designated pursuant to NOAA’s authority under the National Marine Sanctuaries Act (NMSA; 16 U.S.C. 1431 et seq.). There are significant human uses in the Sanctuary as well, including commercial and recreational fishing, marine wildlife viewing, boating and other recreational activities, research and monitoring PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 46135 activities, numerous educational activities, and maritime shipping. The waters surrounding California’s Channel Islands represent a globally unique and diverse assemblage of habitats and species. This region is a subset of the larger ecosystem of the Southern California Bight, an area bounded by Point Conception in the north and Punta Banda, Mexico in the south. In the area between Santa Barbara Island in the south and San Miguel Island in the northwest, the colder waters of the Oregonian oceanic province in the north converge and mix with the warmer waters of the Californian oceanic province. Each of these two provinces has unique oceanic conditions and species assemblages, which in turn are parts of distinct biogeographic regions. The mixing of these two provinces in the vicinity of the Channel Islands creates a transition zone within the island chain. Upwelling and ocean currents in the area create a nutrient rich environment that supports high species and habitat diversity. In the Southern California Bight, marine resources have declined under pressure from a variety of factors, including commercial and recreational fishing, changes in oceanographic ˜ conditions associated with El Nino and other large-scale oceanographic cycles, introduction of disease, and increased levels of pollutants. The urbanization of southern California has significantly increased the number of people visiting the coastal zone. The burgeoning coastal population has greatly increased the influx of human, industrial, and agricultural wastes to California coastal waters. Population growth has also increased human demands on the ocean, including commercial and recreational fishing, wildlife viewing and other activities. New technologies have increased the yield of sport and commercial fisheries. Many former natural refuges for targeted species, such as submarine canyons, submerged pinnacles, deep waters, and waters distant from harbors, can now be accessed due to advancements in fishing technology and increased fishing effort. The significant changes in ecological conditions resulting from the array of human activities in the Channel Islands region are just beginning to be understood. For example, many kelp beds have converted to urchin barrens, where urchins and coralline algae have replaced kelp as the dominant feature. Deep canyon and rock areas that were formerly rich rockfishing grounds have significantly reduced populations of larger rockfish such as cowcod and bocaccio. E:\FR\FM\11AUP1.SGM 11AUP1 46136 Federal Register / Vol. 71, No. 155 / Friday, August 11, 2006 / Proposed Rules jlentini on PROD1PC65 with PROPOSAL In the Southern California Bight, commercial and recreational fisheries target more than 100 fish species and more than 20 invertebrate species. Targeted species have exhibited high variability in landings from year to year (e.g., squid) and in several cases have declined to the point that the fishery has had to be shut down (e.g., abalone). Many targeted species are considered overfished and one previously targeted species (white abalone) is listed as endangered. Excessive bycatch has caused declines of some non-targeted species. The removal of species that play key ecological roles, such as predatory fish, has altered ecosystem structure. Some types of fishing gear have caused temporary or permanent damage to marine habitats. The combination of direct take, bycatch, indirect effects, and habitat damage and destruction has contributed to a negative transformation of the marine environment around the Channel Islands. B. Marine Zoning For over twenty years, NOAA has used marine zoning as a tool in specific national marine sanctuaries to address a wide array of resource protection and user conflict issues. Marine zones are discrete areas within or above a national marine sanctuary that have special regulations that differ from the regulations that apply throughout or above the sanctuary as a whole. For example, marine zones are used to regulate the use of motorized personal watercraft in the Monterey Bay National Marine Sanctuary. Marine zones, including areas where all extraction is prohibited, have also been established in the Florida Keys National Marine Sanctuary to provide for varying levels of resource protection. NOAA has used zoning within the CINMS since its original designation in 1980. For example, the CINMS regulations prohibit: 1. Cargo vessels from coming within 1 nautical mile of any island in the CINMS; 2. Disturbance of marine mammals or seabirds by flying aircraft below 1,000 feet within 1 nautical mile of any island within the CINMS; and 3. Construction upon or drilling into the seabed within 1 nautical mile of any island in the CINMS. In addition to NOAA, other federal and state agencies have also established marine zones wholly or partially within the Sanctuary (e.g., California Department of Fish and Game, National Park Service). In 1978, commercial and recreational fishing was prohibited by the State of California in one small VerDate Aug<31>2005 15:01 Aug 10, 2006 Jkt 208001 marine protected area of the Channel Islands, the Anacapa Island Ecological Reserve. The International Maritime Organization has designated a voluntary vessel traffic separation scheme to guide large vessel traffic running through the Santa Barbara Channel. The National Park Service (NPS) has established several zoned areas within the Channel Islands National Park for different public uses, principally to protect seabird colonies and marine mammal haul outs. More recently, the NPS is instituting a new zoning approach to managing park lands, coasts, and adjacent waters. Due to historic lows in the stocks of certain rockfish (e.g., cowcod and bocaccio), in 2001 the Pacific Fishery Management Council (PFMC) took emergency action and established large bottom closures to rebuild these stocks. NOAA implemented the Cowcod Conservation Area regulations on January 1, 2001 (66 FR 2338) and the Rockfish Conservation Area emergency regulations on September 13, 2002 (67 FR 57973). The Cowcod Conservation Area and the California Rockfish Conservation Area overlay Sanctuary waters. Finally, in 2002, the California Fish and Game Commission (Commission) authorized the establishment of marine reserves and marine conservation areas within the Sanctuary that prohibit or limit the take of living, geological or cultural marine resources. C. Channel Islands Marine Reserves Process, 1999–2003 The NMSA requires NOAA to periodically review the management plan and regulations for each national marine sanctuary and to revise them, as necessary, to fulfill the purposes and policies of the NMSA (16 U.S.C. 1434(e)). NOAA began the process to review the CINMS management plan and regulations in 1999. Through the scoping process, many members of the public voiced concern over the state of biodiversity in the CINMS and called for fully protected (i.e., no-take) zones to be established. In response to concerns about changes in the ecosystem and comments raised during the management plan scoping process, NOAA and the California Department of Fish and Game (CDFG) developed a Federal-State partnership to consider the establishment of marine reserves in the Sanctuary. Since the marine reserves process is inherently complex, and is a standalone action that is programmatically independent of and severable from the more general suite of actions contemplated in the management plan PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 review process, NOAA decided to separate the process to consider marine reserves from the larger CINMS management plan review process. The draft management plan and DEIS for the management plan review were released for public comment on May 19, 2006 (71 FR 29148). NOAA also published a proposed rule to implement the management plan review process on May 19, 2006 (71 FR 29096). Please see http://channelislands.noaa.gov for more information. The CINMS Advisory Council, a federal advisory board of local community representatives and federal, state and local government agency representatives, created a multistakeholder Marine Reserves Working Group (MRWG) to seek agreement on a recommendation regarding the potential establishment of marine reserves within the Sanctuary. The CINMS Advisory Council also designated a Science Advisory Panel of recognized experts and a NOAA-led Socio-economic Team to support the MRWG in its deliberations. Extensive scientific, social, and economic data were collected in support of the marine reserves assessment process. From July 1999 to May 2001, the MRWG met monthly to receive, weigh, and integrate advice from technical advisors and the public. The MRWG reached consensus on a set of ground rules, a mission statement, a problem statement, a list of species of interest, and a comprehensive suite of implementation recommendations. The MRWG found that in order to protect, maintain, restore, and enhance living marine resources, it is necessary to develop new management strategies that encompass an ecosystem perspective and promote collaboration between competing interests. A set of goals were also agreed upon by the MRWG: 1. To protect representative and unique marine habitats, ecological processes, and populations of interest. 2. To maintain long-term socioeconomic viability while minimizing short-term socioeconomic losses to all users and dependent parties. 3. To achieve sustainable fisheries by integrating marine reserves into fisheries management. 4. To maintain areas for visitor, spiritual, and recreational opportunities which include cultural and ecological features and their associated values. 5. To foster stewardship of the marine environment by providing educational opportunities to increase awareness and encourage responsible use of resources. The MRWG developed over 40 different designs for potential marine E:\FR\FM\11AUP1.SGM 11AUP1 jlentini on PROD1PC65 with PROPOSAL Federal Register / Vol. 71, No. 155 / Friday, August 11, 2006 / Proposed Rules reserves and evaluated the ecological value and potential economic impact of each design. To do so, members of the MRWG contributed their own expertise to modify designs or generate alternatives and utilized a geospatial tool, known as the Channel Islands Spatial Support and Analysis Tool (CI– SSAT; Killpack et al. 2000). CI–SSAT provided opportunities for visualization, manipulation, and analysis of data for the purpose of designing marine reserves. After months of deliberation, a consensus design could not be reached and the MRWG selected two designs to represent the diverse views of the group. These designs depict the best effort that each MRWG representative could propose. Ultimately, the CINMS Advisory Council provided the MRWG’s two designs, as well as all of the supporting information developed during the process, including background scientific and economic information, to NOAA and the CDFG for consideration and action. Based on this information and additional internal agency analysis, NOAA and the CDFG crafted a draft reserve network and sent it to the CINMS Advisory Council and the former MRWG, Science Panel and Socio-Economic Team members seeking further input. The draft reserve network was also published in local papers and on the CINMS Web site to solicit input from the general public. Several meetings were held with constituent groups, including the CINMS Advisory Council’s Conservation Working Group, Fishing Working Group and Ports and Harbors Working Group, to discuss the draft network. Following this period of input, the CDFG and NOAA prepared a recommendation for establishing a network of marine reserves. The recommendation proposed a network of marine reserves and marine conservation areas in the same general locations as the MRWG Composite Map. The composite map was forwarded to the SAC and represented two versions of a reserve network, one version from consumptive interests and the other from non-consumptive interests. These two versions were overlaid on one map, and depicted a number of areas that the constituent groups agreed upon. This recommendation became the basis for the preferred alternative in the State’s California Environmental Quality Act (CEQA) environmental review process. D. Establishment of State Reserves in the CINMS Due to the fact that the proposed network spanned both State and Federal waters, NOAA and the CDFG VerDate Aug<31>2005 15:01 Aug 10, 2006 Jkt 208001 determined the implementation of the recommendation would need to be divided into a State phase and a Federal phase. State waters extend from the shore to a distance of three nautical miles. Federal waters extend beyond the limit of State waters to the extent of the exclusive economic zone, with the outer boundary of the CINMS at a distance of approximately six nautical miles from shore. The State phase was to be considered by the Commission under its authorities. The CDFG completed an environmental review under the requirements of CEQA resulting in the publication of an environmental document. The draft environmental document (ED) was released for public comment on May 30, 2002. Comments were accepted for an extended period until September 1, 2002. The Commission and CDFG received 2,492 letters, e-mails and oral comments. Of this total, 2,445 were form letters that made identical comments. The Commission certified the final ED on October 23, 2002. At this same meeting, the Commission approved the CDFG’s preferred alternative. The CDFG published final regulations implementing the State phase in January 2003. As part of its implementation, the CDFG acknowledged the need for NOAA to implement the proposed action in Federal waters of the CINMS. E. Federal Marine Reserves Process Following the publication of the CDFG’s final regulations in 2003, NOAA’s NMSP initiated the Federal marine reserves process, and hosted scoping meetings with the general public, the CINMS Advisory Council, and PFMC. In 2004, the NMSP released a preliminary environmental document with a range of alternatives for public review. In 2005, the NMSP consulted with local, State, and Federal agencies and the PFMC on possible amendments to the CINMS designation document pursuant to section 303(b)(2) of the NMSA (16 U.S.C. 1433(b)(2)). In addition, in 2005 the NMSP provided the PFMC with the opportunity to prepare draft sanctuary fishing regulations pursuant to section 304(a)(5) of the NMSA (16 U.S.C. 1434(a)(5)) for the potential establishment of marine reserves and marine conservation areas. In its response to NOAA’s letter regarding draft sanctuary fishing regulations, the PFMC stated its support for NOAA’s goals and objectives for marine zones in the CINMS but recommended that NOAA issue fishing regulations under the MagnusonStevens Fishery Conservation and Management Act (MSA) and the PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 46137 relevant authorities of the states of California, Oregon, and Washington rather than under the NMSA. To that end, and in accordance with advice from the NOAA Administrator in his October 19, 2005 letter to the PFMC, the PFMC recommended the Channel Islands marine zones in federal waters be designated as Essential Fish Habitat and Habitat Areas of Particular Concern with corresponding management measures to prohibit the use of bottom contact gear under Amendment 19 of the Groundfish Fishery Management Plan. To complete the process of addressing closure of the remaining aspect of the marine zones (i.e., in the water column) the PFMC stated its intent to pursue those closures through other fishery management plan authorities and complementary State laws. NOAA reviewed the PFMC’s recommendations and determined that by themselves they did not have the specificity or record to support the use of the MSA or State laws to establish limited take or no-take zones in the water column and thereby did not fulfill NOAA’s goals and objectives for these marine zones in the CINMS. However, Amendment 19 to the Groundfish Fishery Management Plan would implement, in part, the proposed marine zones by prohibiting all bottom contact gear in the proposed zones. Accordingly, the NMSA regulations proposed here would prohibit the take of resources from the proposed zones not prohibited by the Amendment 19 regulations. Further, these NMSA regulations would ensure that, should future changes to the MSA regulations alter the management regime established in Amendment 19, the take of all Sanctuary resources would continue to be regulated pursuant to the Sanctuary’s limited-take or no-take prohibitions. Thus, along with Amendment 19, the proposed NMSA regulations would establish comprehensive limited-take and no-take zones in the CINMS in a manner that fulfills NOAA’s goals and objectives for these marine zones in the CINMS. II. Summary of Draft Environmental Impact Statement In addition to this proposed rule, a draft environmental impact statement (DEIS) was prepared for the consideration of marine reserves and marine conservation areas within the Sanctuary. The DEIS was prepared in accordance with the NMSA and National Environmental Policy Act of 1969 (NEPA) requirements. The DEIS contains a statement of the purpose and need for the project, description of E:\FR\FM\11AUP1.SGM 11AUP1 46138 Federal Register / Vol. 71, No. 155 / Friday, August 11, 2006 / Proposed Rules proposed alternatives including the no action alternative, description of the affected environment, and evaluation and comparison of environmental consequences including cumulative impacts. The preferred alternative incorporates the network of marine reserves and marine conservation areas originally identified for the Federal phase in the Commission’s CEQA document. III. Proposed Revised Designation Document jlentini on PROD1PC65 with PROPOSAL Section 304(a)(4) of the NMSA requires that the terms of designation include the geographic area included within the Sanctuary; the characteristics of the area that give it conservation, recreational, ecological, historical, research, educational, or aesthetic value; and the types of activities subject to regulation by the Secretary to protect these characteristics. Section 304(a)(4) also specifies that the terms of designation may be modified only by the same procedures by which the original designation was made. To implement this proposed action, the CINMS Designation Document, originally published in the Federal Register on October 2, 1980 (45 FR 65198), is proposed to be modified as follows (new text in bold and deleted text in brackets and italics]: 1. No change to Article 1, Effect of Designation. 2. Article 2, Description of the Area, is modified by revising it to read: ‘‘Article 2. Description of the Area ‘‘The Sanctuary consists of an area of the waters off the coast of California, of approximately [1252.5] 1268 square nautical miles (nmi) adjacent to the northern Channel Islands and Santa Barbara Island seaward to a distance of approximately 6 nmi. The precise boundaries are defined by regulation.’’ VerDate Aug<31>2005 16:22 Aug 10, 2006 Jkt 208001 3. No change to Article 3, Characteristics of the Area that Give it Particular Value. 4. Article 4, Scope of Regulation, is modified by adding the following at the end of Section 1: ‘‘g. Within a marine reserve, marine park, or marine conservation area, harvesting, removing, taking, injuring, destroying, possessing, collecting, moving, or causing the loss of any living or dead organism, historical resource, or any other Sanctuary resource, or attempting any of these activities. ‘‘h. Within a marine reserve, marine park, or marine conservation area, possessing fishing gear.’’ 5. Article 5, Relation to Other Regulatory Programs, is modified by revising the first sentence of Section 1 to read: ‘‘Section 1. Fishing. The regulation of fishing is not authorized under Article 4, except within portions of the Sanctuary designated as marine reserves, marine parks, or marine conservation areas established pursuant to the goals and objectives of the Sanctuary and within the scope of the State of California’s Final Environmental Document ‘‘Marine Protected Areas in NOAA’s Channel Islands National Marine Sanctuary’’ (California Department of Fish and Game, October 2002), certified by the California Fish and Game Commission.’’ 6. No change to Article 6, Alteration to this Designation. IV. Summary of Proposed Regulations The proposed regulations would implement NOAA’s preferred alternative in the establishment of marine reserves and marine conservation areas within the CINMS. The proposed regulations would define PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 two new terms (pelagic finfish and stowed and not available for immediate use), prohibit injuring Sanctuary resources, prohibit all extractive activities within the marine reserves, and prohibit all extractive activities within the marine conservation areas except recreational fishing for pelagic finfish, and commercial and recreational lobster fishing in the Anacapa Island Marine Conservation Area, and recreational lobster fishing in the Painted Cave Marine Conservation Area. The proposed regulations would also add two new appendices that list the boundary coordinates for the proposed marine reserves and marine conservation areas. The proposed regulations would modify subpart G of the National Marine Sanctuary Program Regulations (15 CFR part 922), the regulations for the Channel Islands National Marine Sanctuary. A. Establishment of Marine Reserves and Marine Conservation Areas The proposed regulations would establish under the NMSA eleven marine reserves and two marine conservation areas within the CINMS. Refer to figure 1 for a map depicting the locations of the marine reserves and marine conservation areas. The marine reserves would be distributed throughout the CINMS and extend slightly beyond the current boundaries of the CINMS in four locations. The total size of the CINMS would increase from 1252 square nautical miles to 1268 square nautical miles, an increase of 16 square nautical miles. The boundaries of the marine reserves and marine conservation areas would be consistent with the marine reserves and marine conservation areas established by the Commission in 2002 in State waters and extend most of them into Federal waters of the Sanctuary. E:\FR\FM\11AUP1.SGM 11AUP1 Federal Register / Vol. 71, No. 155 / Friday, August 11, 2006 / Proposed Rules B. Activities Prohibited Within the Marine Reserves Under the proposed regulations, NOAA would prohibit any harvesting, removing, taking, injuring, destroying, collecting, moving, or causing the loss of any living or dead organism, historical resource, or any other Sanctuary resource, or attempting to do so, within any of the marine reserves. The term ‘‘sanctuary resource’’ is broadly defined in the NMSP regulations at 15 CFR 922.3 and means VerDate Aug<31>2005 15:01 Aug 10, 2006 Jkt 208001 any living or non-living resource that contributes to the conservation, recreational, ecological, historical, scientific, educational, or aesthetic value of the Sanctuary. For the CINMS, the term ‘‘Sanctuary resource’’ includes, for example, the seafloor and all animals and plants of the Sanctuary. It also includes historical resources (which, pursuant to 15 CFR 922.3, include cultural and archeological resources), such as shipwrecks and Native American remains. In addition, to enhance compliance and aid in enforcement, the proposed regulations would also prohibit possessing fishing gear and Sanctuary resources inside a marine reserve, except in certain circumstances. The proposed regulations would allow possession of legally harvested fish stowed on a vessel at anchor in or transiting through a marine reserve and would also allow the possession of stowed fishing gear, provided the gear is not available for immediate use. The proposed regulations prohibit only those extractive activities within marine reserves that are not prohibited by 50 CFR part 660, the NOAA PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 regulations that govern ‘‘Fisheries off West Coast States’’ (NOAA fisheries regulations). Therefore, if an extractive activity is prohibited by NOAA fishing regulations, it is not prohibited by the proposed regulation. Conversely, all extractive activities not prohibited by NOAA fisheries regulations would be prohibited by the proposed regulations within marine reserves. In the future, if NOAA were to amend the NOAA fisheries regulations to prohibit additional extractive activities for MSA reasons, that rulemaking would also propose for comment those activities that would be no longer within the scope of this NMSA regulation. Regardless of the specific regulatory mechanism, the intended result of this proposed rule is for all extractive activities to be prohibited within the proposed marine reserves. C. Activities Prohibited Within the Marine Conservation Areas The proposed regulations would prohibit the same activities within the marine conservation areas as within the marine reserves except that lobster fishing and recreational fishing for E:\FR\FM\11AUP1.SGM 11AUP1 EP11AU06.000</GPH> jlentini on PROD1PC65 with PROPOSAL Under the proposed regulations, NOAA would establish three marine reserves in the area around San Miguel Island, three around Santa Rosa Island, two around Santa Cruz Island, two around Anacapa Island, and one around Santa Barbara Island. The marine conservation areas would be established in the areas around Santa Cruz and Anacapa Islands. The total area that would be designated marine reserves under the proposed regulation would be 232.5 square nautical miles. The marine conservation areas would encompass an additional 8.6 square nautical miles. 46139 46140 Federal Register / Vol. 71, No. 155 / Friday, August 11, 2006 / Proposed Rules pelagic finfish would be allowed. Both commercial lobster fishing and recreational lobster fishing would be allowed in the marine conservation area at Anacapa Island. Recreational lobster fishing would be allowed in the marine conservation area at Santa Cruz Island. Commercial lobster fishing would not be allowed in the marine conservation area at Santa Cruz Island. Recreational fishing for pelagic finfish would only be allowed within the marine conservation areas. Commercial fishing for pelagic finfish would be prohibited within the marine conservation areas. Like the proposed regulations for marine reserves, the proposed regulations for the marine conservation areas would only prohibit activities that are not prohibited by applicable NOAA fisheries regulations codified at 50 CFR part 660. jlentini on PROD1PC65 with PROPOSAL D. Enforcement The proposed regulations would be enforced by NOAA and other authorized agencies (e.g., CDFG, United States Coast Guard, and National Park Service) in a coordinated and comprehensive way. Enforcement actions for an infraction would be prosecuted under the appropriate statutes or regulations governing that infraction. The result is that enforcement actions may be taken under State of California authorities, the NMSA, the MSA, or other relevant legal authority. E. Permitting The NMSP regulations, including the regulations for the CINMS, allow NOAA to issue permits to conduct activities that would otherwise be prohibited by the regulations. Most permits are issued by the Superintendent of the CINMS. Requirements for filing permit applications are specified in NMSP regulations and the Office of Management and Budget-approved application guidelines (OMB control number 0648–0141). Criteria for reviewing permit applications are contained in the NMSP regulations as well at 15 CFR 922.48. In general, permits may be issued for activities related to scientific research, education, and management. Permits may also be issued for activities associated with the salvage and recovery efforts for a recent air or marine casualty. (Emergency activities would not require a permit.) Nationwide, NOAA issues approximately 200 national marine sanctuary permits each year. Of this amount, two or three are for activities within the CINMS. The majority of permits issued for activities within the CINMS are for activities related to scientific research. NOAA expects this VerDate Aug<31>2005 15:01 Aug 10, 2006 Jkt 208001 trend to continue with the proposed regulations. Although there may be an increase in the number of permits requested for activities within the CINMS, NOAA does not expect this increase to appreciably raise the average number of permits issued nationwide. Therefore, NOAA has determined that the proposed regulations do not necessitate a modification to its information collection approval by the Office of Management and Budget under the Paperwork Reduction Act. V. Miscellaneous Rulemaking Requirements A. National Marine Sanctuaries Act Section 304 of the NMSA (16 U.S.C. 1434) requires the Secretary of Commerce in designating a sanctuary to submit Sanctuary designation documents to the United States Congress (Committee on Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate) and Governor of each State in which any part of the Sanctuary would be located. The designation documents are to be submitted on the same date this notice is published and must include the proposed terms of the designation, the proposed regulations, a draft environmental impact statement, and a draft management plan. The terms of designation may only be modified by the same procedures by which the original designation is made. In accordance with Section 304, the appropriate documents are being submitted to the specified Congressional Committees and the Governor of California. B. National Environmental Policy Act In accordance with Section 304(a)(2) of the NMSA (16 U.S.C. 1434(a)(2)), and the provisions of NEPA (42 U.S.C. 4321–4370(a)), a draft environmental impact statement (DEIS) has been prepared for the proposed action. Copies of the DEIS are available upon request to NOAA at the address listed in the ADDRESSES section. C. Executive Order 12866: Regulatory Impact Under Executive Order 12866, if the proposed regulations are ‘‘significant’’ as defined in section 3(f)(1), (2), (3), or (4) of the Order, an assessment of the potential costs and benefits of the regulatory action must be prepared and submitted to the Office of Management and Budget. This proposed rule has been determined to be not significant within the meaning of Executive Order 12866. PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 D. Executive Order 13132: Federalism The Assistant Secretary for Intergovernmental and Legislative Affairs, Department of Commerce, will consult with appropriate elected officials in the State of California, as appropriate. Since 1999, NOAA has partnered with and supported the State in this effort. During the Federal phase, NOAA has continually briefed the Secretary of Resources and the Director of California Department of Fish and Game. NOAA also held numerous consultations with all California resource management agencies as required under section 303(b)(2) of the NMSA. E. Regulatory Flexibility Act In accordance with the requirements of section 603(a) of the Regulatory Flexibility Act (5 U.S.C. 603(a)), NOAA has prepared an initial regulatory flexibility analysis (IRFA) describing the impact of the proposed action on small businesses. Section 603(b) (5 U.S.C. 603(b)) requires that each IRFA contain a description of the reasons the action is being considered, a succinct statement of the objectives of, and legal basis for, the action, a description of and, where feasible, an estimate of the number of small entities to which the proposed action will apply, a description of the projected reporting, recordkeeping and other compliance requirements of the proposed action, including an estimate of the classes of small entities which would be subject to the requirement and the type of professional skills necessary for preparation of the report or record, and an identification, to the extent practicable, of all relevant Federal rules which may duplicate, overlap or conflict with the proposed action. In addition, section 603(c) (5 U.S.C. 603(c)) requires that each IRFA contain a description of any significant alternatives to the proposed action which accomplish the stated objectives of applicable statutes and which minimize any significant economic impact of the proposed action on small entities. The IRFA is available upon request to NOAA at the address listed in the ADDRESSES section above. A summary of the IRFA follows. Summary of the Initial Regulatory Flexibility Act Analysis In accordance with the requirements of section 603(a) of the Regulatory Flexibility Act (RFA) (5 U.S.C. 603(a)), NOAA has prepared an IRFA describing the impact of the proposed regulations on small entities. A statement of why action by NOAA is being considered E:\FR\FM\11AUP1.SGM 11AUP1 jlentini on PROD1PC65 with PROPOSAL Federal Register / Vol. 71, No. 155 / Friday, August 11, 2006 / Proposed Rules and the objectives of, and legal basis for, the proposed rule is contained in the preamble section of the proposed rule and is not repeated here. The Small Business Administration has established thresholds on the designation of businesses as ‘‘small entities’’. A fish-harvesting business is considered a ‘‘small’’ business if it has annual receipts not in excess of $3.5 million (13 CFR 121.201). Sports and recreation businesses and scenic and sightseeing transportation businesses are considered ‘‘small’’ businesses if they have annual receipts not in excess of $6 million (13 CFR 121.201). According to these limits, each of the businesses listed below are considered small entities. All analyses are based on the most recently updated and best available information. In 2003, there were 441 commercial fishing operations that reported catches from the CINMS. Total commercial fishing revenue from the CINMS was $17.3 million in 2003. In 1999, there were 18 recreational fishing charter/party boats operating in the CINMS. In 1999, there were 10 consumptive diving charter/party boats operating in the CINMS. Total reported 1999 gross revenue from these consumptive recreational activities was $8.8 million. Total costs for 1999 were reported at $8.4 million. After all costs were paid, the consumptive recreational activities resulted in $420,000 in profit. In 1999, there were 8 whale watching operations, 7 non-consumptive diving operations, 4 operations that offered kayaking or island sightseeing activities, and 8 sailing operations, within the CINMS. Total reported 1999 gross revenue from these non-consumptive recreational activities was $2.6 million. Total costs for 1999 were reported at $2.5 million. After all costs were paid, the non-consumptive recreational activities resulted in $82,000 in profit. Two alternatives plus a no-action alternative were considered. The no action (status quo) alternative would not establish marine reserves and marine conservation areas in the Sanctuary. Therefore there is no economic impact. Alternative 1, the proposed alternative, including both the existing state network and proposed extensions, would include approximately 232.5 square nautical miles of marine reserves and 8.6 square nautical miles of marine conservation areas for a total of 241.1 square nautical miles of the CINMS. The new proposed federal areas of alternative 1 potentially impact 0.51% (approximately $124,000) of ex vessel value of commercial catch in the CINMS. The total maximum potential VerDate Aug<31>2005 15:01 Aug 10, 2006 Jkt 208001 loss to the income of commercial fishing businesses is 0.61% ($440,000) and to the employment of commercial fishing businesses is 0.66% (13 jobs). For consumptive recreation in the CINMS, the estimated maximum potential loss associated with alternative 1 is $935,000 (3.5%) in annual income and about 42 full and part-time jobs (3.7%) in the local county economies. For nonconsumptive recreation in the CINMS, the estimated range of potential increases in income generated in the local county economies associated with alternative 1 is between $337 and about $380,000. The estimated range of potential increases in employment in the local county economies is between 0.02 and 19 full and part-time jobs. Alternative 2, including both the existing state network and proposed extensions, would encompass approximately 275.8 square nautical miles of marine reserves and 12.1 square nautical miles of marine conservation areas for a total of 287.8 square nautical miles of the CINMS. Alternative 2 is larger than alternative 1, and proposes some different reserve areas not proposed in alternative 1. The new proposed federal areas of alternative 2 potentially impact 0.82% (approximately $197,000) of ex vessel value of commercial catch in the CINMS. The total maximum potential loss to the income of commercial fishing businesses is 0.91% ($650,000) and to the employment of commercial fishing businesses is 0.97% (19 jobs). For consumptive recreation in the CINMS, the estimated maximum potential loss associated with alternative 2 is $1,300,000 (5.0%) in annual income and about 59 full and part-time jobs (5.2%) in the local county economies. For nonconsumptive recreation in the CINMS, the estimated range of potential increases in income generated in the local county economies associated with alternative 2 is between $748 and about $841,000. The estimated range of potential increases in employment in the local county economies is between 0.04 and 44 full and part-time jobs. There are no new reporting, recordkeeping, or other compliance requirements. The CINMS lies in part within the area for which the PFMC is responsible for developing fishery management plans (FMPs) under the MSA. As stated previously, the proposed regulations governing fishing in the Sanctuary are drafted to avoid redundancy with regulations recommended by the PFMC and promulgated by NOAA under the MSA. For a more detailed analysis consult the IRFA, which is available upon PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 46141 request to NOAA at the address listed in the ADDRESSES section above. F. Paperwork Reduction Act This rule contains a collection-ofinformation requirement subject to the Paperwork Reduction Act (PRA) which has been approved by OMB under control number 0648–0141. The public reporting burden for national marine sanctuary permits is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This rule would not modify the average annual number of respondents or the reporting burden for this information requirement, so a modification to this approval is not necessary. Send comments regarding this burden estimate, or any other aspect of this data collection, including suggestions for reducing the burden, to NOAA (see ADDRESSES) and by e-mail to David_Rostker@omb.eop.gov, or fax to (202) 395–7285. Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB Control Number. G. Unfunded Mandates Reform Act of 1995 This proposed rule, if adopted as proposed, would contain no federal mandates (under the regulatory provisions of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)) for State, local, and tribal governments or the private sector. Thus, this rule is not subject to the requirements of section 202 and 205 of UMRA. List of Subjects in 15 CFR Part 922 Administrative practice and procedure, Coastal zone, Education, Environmental protection, Marine resources, Natural resources, Penalties, Recreation and recreation areas, Reporting and recordkeeping requirements, Research. Dated: August 2, 2006. John H. Dunnigan, Assistant Administrator for Ocean Services and Coastal Zone Management. Accordingly, for the reasons set forth above, 15 CFR part 922 is proposed to be amended as follows: E:\FR\FM\11AUP1.SGM 11AUP1 46142 Federal Register / Vol. 71, No. 155 / Friday, August 11, 2006 / Proposed Rules PART 922—[AMENDED] 1. The authority for part 922 continues to read as follows: Authority: 16 U.S.C. 1431 et seq. 2. Revise § 922.70 to read as follows: § 922.70 Boundary. The Channel Islands National Marine Sanctuary (Sanctuary) consists of an area of the waters off the coast of California of approximately 1268 square nautical miles (nmi) adjacent to the following islands and offshore rocks: San Miguel Island, Santa Cruz Island, Santa Rosa Island, Anacapa Island, Santa Barbara Island, Richardson Rock, and Castle Rock (collectively the Islands) extending seaward to a distance of approximately six nmi. The boundary coordinates are listed in appendix A to this subpart. §§ 922.71 and 922.72 [Redesignated] 3. Redesignate §§ 922.71 and 922.72 as §§ 922.72 and 922.74, respectively. 4. Add new § 922.71 to subpart G of part 922 to read as follows: § 922.71 Definitions. In addition to those definitions found at § 922.3, the following definitions apply to this subpart: Pelagic finfish are defined as: northern anchovy (Engraulis mordax), barracudas (Sphyraena spp.), billfishes (family Istiophoridae), dolphinfish (Coryphaena hippurus), Pacific herring (Clupea pallasi), jack mackerel (Trachurus symmetricus), Pacific mackerel (Scomber japonicus), salmon (Oncorhynchus spp.), Pacific sardine (Sardinops sagax), blue shark (Prionace glauca), salmon shark (Lamna ditropis), shortfin mako shark (Isurus oxyrinchus), thresher sharks (Alopias spp.), swordfish (Xiphias gladius), tunas (family Scombridae), and yellowtail (Seriola lalandi). Stowed and not available for immediate use means not readily accessible for immediate use, e.g., by being securely covered and lashed to a deck or bulkhead, tied down, unbaited, unloaded, or partially disassembled (such as spear shafts being kept separate from spear guns). 5. Add § 922.73 to subpart G to read as follows: jlentini on PROD1PC65 with PROPOSAL § 922.73 Marine reserves and marine conservation areas. (a) Marine reserves. Unless prohibited by 50 CFR part 660 (Fisheries off West Coast States) as of [effective date of final rule], the following activities are prohibited and thus unlawful for any person to conduct or cause to be conducted within a marine reserve described in Appendix B to this subpart: VerDate Aug<31>2005 16:22 Aug 10, 2006 Jkt 208001 (1) Harvesting, removing, taking, injuring, destroying, collecting, moving, or causing the loss of any living or dead organism, historical resource, or other Sanctuary resource, or attempting any of these activities. (2) Possessing fishing gear on board a vessel unless such gear is stowed and not available for immediate use. (3) Possessing any living or dead organism, historical resource, or other Sanctuary resource, except legally harvested fish on board a vessel at anchor or in transit. (b) Marine conservation areas. Unless prohibited by 50 CFR part 660 (Fisheries off West Coast States) as of [effective date of final rule], the following activities are prohibited and thus unlawful for any person to conduct or cause to be conducted within a marine conservation area described in Appendix C to this subpart: (1) Harvesting, removing, taking, injuring, destroying, collecting, moving, or causing the loss of any living or dead organism, historical resource, or other Sanctuary resource, or attempting any of these activities, except: (i) Recreational fishing for pelagic finfish; (ii) Commercial and recreational fishing for lobster within the Anacapa Marine Conservation Area; or (iii) Recreational fishing for lobster within the Painted Cave Marine Conservation Area. (2) Possessing fishing gear on board a vessel, except legal fishing gear used to fish for lobster or pelagic finfish, unless such gear is stowed and not available for immediate use. (3) Possessing any living or dead organism, historical resource, or other Sanctuary resource, except legally harvested fish on board a vessel at anchor or in transit. 6. In newly redesignated § 922.74, revise paragraph (a) introductory text to read as follows: § 922.74 Permit procedures and criteria. (a) Any person in possession of a valid permit issued by the Director in accordance with this section and § 922.48 may conduct any activity within the Sanctuary prohibited under §§ 922.72 or 922.73 if such activity is either: * * * * * 7. Revise Appendix A to subpart G to read as follows: Appendix A to Subpart G of Part 922— Channel Islands National Marine Sanctuary Boundary Coordinates [Coordinates listed in this Appendix are unprojected (Geographic) and based on the North American Datum of 1983.] PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 Point ID No. 1 ................ 2 ................ 3 ................ 4 ................ 5 ................ 6 ................ 7 ................ 8 ................ 9 ................ 10 .............. 11 .............. 12 .............. 13 .............. 14 .............. 15 .............. 16 .............. 17 .............. 18 .............. 19 .............. 20 .............. 21 .............. 22 .............. 23 .............. 24 .............. 25 .............. 26 .............. 27 .............. 28 .............. 29 .............. 30 .............. 31 .............. 32 .............. 33 .............. 34 .............. 35 .............. 36 .............. 37 .............. 38 .............. 39 .............. 40 .............. 41 .............. 42 .............. 43 .............. 44 .............. 45 .............. 46 .............. 47 .............. 48 .............. 49 .............. 50 .............. 51 .............. 52 .............. 53 .............. 54 .............. 55 .............. 56 .............. 57 .............. 58 .............. 59 .............. 60 .............. 61 .............. 62 .............. 63 .............. 64 .............. 65 .............. 66 .............. 67 .............. 68 .............. 69 .............. 70 .............. 71 .............. 72 .............. 73 .............. E:\FR\FM\11AUP1.SGM 11AUP1 Latitude (north) 33.94138 33.96776 34.02607 34.07339 34.10185 34.11523 34.11611 34.11434 34.11712 34.11664 34.13389 34.13825 34.14784 34.15086 34.15450 34.15450 34.15142 34.13411 34.14635 34.15988 34.15906 34.15928 34.16213 34.16962 34.17266 34.17588 34.17682 34.17258 34.13535 34.13698 34.12994 34.12481 34.12519 34.11008 34.11128 34.13632 34.15341 34.16408 34.17704 34.20492 34.20492 34.20707 34.20520 34.19254 34.20540 34.20486 34.18182 34.10208 34.08151 34.05848 34.01940 34.01349 33.98698 33.95039 33.92694 33.92501 33.91403 33.91712 33.90956 33.88976 33.84444 33.83146 33.81763 33.81003 33.79425 33.79379 33.79983 33.81076 33.81450 33.84125 33.84865 33.86993 33.86195 Longitude (south) ¥119.27422 ¥119.25010 ¥119.23642 ¥119.25686 ¥119.29178 ¥119.33040 ¥119.39120 ¥119.40212 ¥119.42896 ¥119.44844 ¥119.48081 ¥119.49198 ¥119.51194 ¥119.54670 ¥119.54670 ¥119.59170 ¥119.61254 ¥119.66024 ¥119.69780 ¥119.76688 ¥119.77800 ¥119.79327 ¥119.80347 ¥119.83643 ¥119.85240 ¥119.88903 ¥119.93357 ¥119.95830 ¥120.01964 ¥120.04206 ¥120.08582 ¥120.11104 ¥120.16076 ¥120.21190 ¥120.22707 ¥120.25292 ¥120.28627 ¥120.29310 ¥120.30670 ¥120.30670 ¥120.38830 ¥120.41801 ¥120.42859 ¥120.46041 ¥120.50728 ¥120.53987 ¥120.60041 ¥120.64208 ¥120.63894 ¥120.62862 ¥120.58567 ¥120.57464 ¥120.56582 ¥120.53282 ¥120.46132 ¥120.42170 ¥120.37585 ¥120.32506 ¥120.30857 ¥120.29540 ¥120.25482 ¥120.22927 ¥120.20284 ¥120.18731 ¥120.13422 ¥120.10207 ¥120.06995 ¥120.04351 ¥120.03158 ¥119.96508 ¥119.92316 ¥119.88330 ¥119.88330 Federal Register / Vol. 71, No. 155 / Friday, August 11, 2006 / Proposed Rules Point ID No. 74 .............. 75 .............. 76 .............. 77 .............. 78 .............. 79 .............. 80 .............. 81 .............. 82 .............. 83 .............. 84 .............. 85 .............. 86 .............. 87 .............. 88 .............. 89 .............. 90 .............. 91 .............. 92 .............. 93 .............. 94 .............. 95 .............. 96 .............. 97 .............. 98 .............. 99 .............. 100 ............ 101 ............ 102 ............ 103 ............ 104 ............ 105 ............ 106 ............ 107 ............ 108 ............ 109 ............ 110 ............ 111 ............ 112 ............ 113 ............ Latitude (north) Longitude (south) ¥119.80000 ¥119.79017 ¥119.77130 ¥119.74390 ¥119.68783 ¥119.65504 ¥119.62617 ¥119.59423 ¥119.58278 ¥119.54861 ¥119.51936 ¥119.51609 ¥119.43311 ¥119.43311 ¥119.42422 ¥119.40730 ¥119.38373 ¥119.36333 ¥119.35345 ¥119.33280 ¥119.32206 ¥119.16874 ¥119.16797 ¥119.14878 ¥119.13283 ¥119.08891 ¥119.06803 ¥119.04812 ¥119.03670 ¥118.90879 ¥118.90879 ¥118.90712 ¥118.91492 ¥118.92271 ¥118.99540 ¥119.02374 ¥119.06745 ¥119.08521 ¥119.14460 ¥119.16367 33.86195 33.86110 33.86351 33.85995 33.86233 33.87330 33.88594 33.88688 33.88809 33.89414 33.90064 33.90198 33.90198 33.90584 33.90424 33.90219 33.90131 33.90398 33.90635 33.91304 33.91829 33.48250 33.44235 33.40555 33.39059 33.36804 33.36375 33.36241 33.36320 33.36320 33.47500 33.48414 33.52444 33.53834 33.58616 33.59018 33.58516 33.58011 33.54367 33.51161 8. Add Appendix B to subpart G to read as follows: Appendix B to Subpart G of Part 922— Marine Reserve Boundaries Table B–1. Richardson Rock (San Miguel Island) Marine Reserve The Richardson Rock Marine Reserve boundary is defined by connecting in sequential order the coordinates provided in Table B–1. jlentini on PROD1PC65 with PROPOSAL 1 2 3 4 ............. ............. ............. ............. Latitude 34.17333° 34.17333° 34.03685° 34.03685° N N N N Longitude ¥120.47000° ¥120.60483° ¥120.60483° ¥120.47000° W W W W Table B–2. Harris Point (San Miguel Island) Marine Reserve The Harris Point Marine Reserve (Harris Point) boundary is defined by NOAA’s MHWL along San Miguel Island, the coordinates provided in Table B–2, and the following textual description. The Harris Point boundary extends from Point 1 to Point 2 along a straight line. It then VerDate Aug<31>2005 15:01 Aug 10, 2006 Jkt 208001 Point 1 2 3 4 5 6 7 ............. ............. ............. ............. ............. ............. ............. Latitude 34.05170° 34.20492° 34.20492° 34.03000° 34.04830° 34.05830° 34.05170° Longitude N N N N N N N ¥120.38830° ¥120.38830° ¥120.30670° ¥120.30670° ¥120.33670° ¥120.35500° ¥120.38830° W W W W W W W Table B–3. Judith Rock (San Miguel Island) Marine Reserve The Judith Rock Marine Reserve (Judith Rock) boundary is defined by NOAA’s MHWL along San Miguel Island, the coordinates provided in Table B–3, and the following textual description. The Judith Rock boundary extends from Point 1 to Point 2 along a straight line. It then extends along a straight line from Point 2 to the MHWL along San Miguel Island where a line defined by connecting Point 2 and Point 3 with a straight line intersects the MHWL. The boundary follows the MWHL eastward until it intersects the line defined by connecting Point 4 and Point 5 with a straight line. At that intersection, the boundary then extends from the MHWL to Point 5 along a straight line. Point [Coordinates listed in this Appendix are unprojected (Geographic) and based on the North American Datum of 1983.] Point extends along a straight line from Point 2 to the MHWL along San Miguel Island where a line defined by connecting Point 2 and Point 3 with a straight line intersects the MHWL. The boundary follows the MWHL northwestward until it intersects the line defined by connecting Point 4 and Point 5 with a straight line. At that intersection, the boundary extends from the MHWL northwestward along a straight line toward Point 5 until it again intersects the MWHL. At that intersection, the boundary follows the MWHL northwestward and then southwestward until it intersects the straight line connecting Point 6 and Point 7. At that intersection, the boundary extends from the MHWL along a straight line to Point 7. 1 2 3 4 5 ............. ............. ............. ............. ............. Latitude 34.03000° 33.97500° 33.97500° 34.02500° 34.03000° Longitude N N N N N ¥120.44330° ¥120.44330° ¥120.42170° ¥120.42170° ¥120.44330° W W W W W Table B–4. Carrington Point (Santa Rosa Island) Marine Reserve The Carrington Point Marine Reserve (Carrington Point) boundary is defined by NOAA’s MHWL along Santa Rosa Island, the coordinates provided in Table B–4, and the following textual description. The Carrington Point boundary extends from Point 1 to Point 2 along a straight line. It then extends along a straight line from Point 2 to the MHWL along Santa Rosa Island where a line defined by connecting Point 2 and Point 3 with a straight line intersects the MHWL. The boundary follows the MWHL northward and then westward until it intersects the line defined by connecting Point 4 and Point 5 with a straight line. At that intersection, the boundary extends from the MHWL to Point 5 along a straight line. PO 00000 Frm 00016 Fmt 4702 Sfmt 4700 46143 The boundary then extends from Point 5 to Point 6 along a straight line. Point 1 2 3 4 5 6 ............. ............. ............. ............. ............. ............. Latitude 34.02170° 34.06670° 34.06670° 34.00830° 34.00830° 34.02170° N N N N N N Longitude ¥120.08670° ¥120.08670° ¥120.01670° ¥120.01670° ¥120.04670° ¥120.08670° W W W W W W Table B–5. Skunk Point (Santa Rosa Island) Marine Reserve The Skunk Point Marine Reserve (Skunk Point) boundary is defined by NOAA’s MHWL along Santa Rosa Island, the coordinates provided in Table B–5, and the following textual description. The Skunk Point boundary extends from Point 1 to Point 2 along a straight line. It then extends along a straight line from Point 2 to the MHWL along Santa Rosa Island where a line defined by connecting Point 2 and Point 3 with a straight line intersects the MHWL. The boundary follows the MWHL northward until it intersects the line defined by connecting Point 4 and Point 5 with a straight line. At that intersection, the boundary extends from the MHWL eastward to Point 5 along a straight line. Point 1 2 3 4 5 ............. ............. ............. ............. ............. Latitude 33.98330° 33.98330° 33.95170° 33.95170° 33.98330° N N N N N Longitude ¥119.98000° ¥119.96700° ¥119.96670° ¥119.97000° ¥119.98000° W W W W W Table B–6. South Point (Santa Rosa Island) Marine Reserve The South Point Marine Reserve (South Point) boundary is defined by NOAA’s MHWL along Santa Rosa Island, the coordinates provided in Table B–6, and the following textual description. The South Point boundary extends from Point 1 to Point 2 along a straight line. It then extends along a straight line from Point 2 to the MHWL along Santa Rosa where a line defined by connecting Point 2 and Point 3 with a straight line intersects the MHWL. The boundary follows the MWHL southeastward until it intersects the line defined by connecting Point 4 and Point 5 with a straight line. At that intersection, the boundary extends from the MHWL to Point 5 along a straight line. Point 1 2 3 4 5 ............. ............. ............. ............. ............. Latitude 33.91670° 33.84000° 33.84000° 33.89670° 33.91670° N N N N N Longitude ¥120.16670° ¥120.16670° ¥120.10830° ¥120.10830° ¥120.16670° W W W W W Table B–7. Gull Island (Santa Cruz Island) Marine Reserve The Gull Island Marine Reserve (Gull Island) boundary is defined by NOAA’s MHWL along Santa Cruz Island, the coordinates provided in Table B–7, and the following textual description. E:\FR\FM\11AUP1.SGM 11AUP1 46144 Federal Register / Vol. 71, No. 155 / Friday, August 11, 2006 / Proposed Rules The Gull Island boundary extends from Point 1 to Point 2 along a straight line. It then extends along a straight line from Point 2 to the MHWL where a line defined by connecting Point 2 and Point 3 with a straight line intersects the MHWL. The boundary follows the MWHL eastward until it intersects the line defined by connecting Point 4 and Point 5 with a straight line. At that intersection, the boundary then extends from the MHWL to Point 5 along a straight line. The boundary then extends from Point 5 to Point 6 along a straight line. Point 1 2 3 4 5 6 ............. ............. ............. ............. ............. ............. Latitude 33.96700° 33.96700° 33.86195° 33.86195° 33.96170° 33.96700° N N N N N N 1 2 3 4 5 ............. ............. ............. ............. ............. ¥119.85000° ¥119.88330° ¥119.88330° ¥119.80000° ¥119.80000° ¥119.85000° Latitude 34.04900° 34.15450° 34.15450° 34.04670° 34.04900° N N N N N W W W W W W Longitude ¥119.59170° ¥119.59170° ¥119.54670° ¥119.54670° ¥119.59170° W W W W W Table B–9. Footprint Marine Reserve The Footprint Marine Reserve boundary is defined by connecting in sequential order the coordinates provided in Table B–9. Point jlentini on PROD1PC65 with PROPOSAL 1 2 3 4 ............. ............. ............. ............. Latitude 33.98343° 33.98343° 33.90198° 33.90198° N N N N Longitude ¥119.43311° ¥119.51609° ¥119.51609° ¥119.43311° W W W W Table B–10. Anacapa Island Marine Reserve The Anacapa Island Marine Reserve (Anacapa Island) boundary is defined by NOAA’s MHWL along Anacapa Island, the coordinates provided in Table B–10, and the following textual description. The Anacapa Island boundary extends from Point 1 to Point 2 along a straight line. It then extends along a straight line from Point 2 to the MWHL along Anacapa Island where a line defined by connecting Point 2 and Point 3 with a straight line intersects the VerDate Aug<31>2005 Point 1 2 3 4 5 ............. ............. ............. ............. ............. Latitude 34.00670° 34.08330° 34.08330° 34.01670° 34.00670° Longitude N N N N N ¥119.41000° ¥119.41000° ¥119.35670° ¥119.35670° ¥119.41000° W W W W W Longitude Table B–8. Scorpion (Santa Cruz Island) Marine Reserve The Scorpion Marine Reserve (Scorpion) boundary is defined by NOAA’s MHWL along Santa Cruz Island, the coordinates provided in Table B–8, and the following textual description. The Scorpion boundary extends from Point 1 to Point 2 along a straight line. It then extends along a straight line from Point 2 to the MHWL along Santa Cruz Island where a line defined by connecting Point 2 and Point 3 with a straight line intersects the MHWL. The boundary follows the MWHL westward until it intersects the line defined by connecting Point 4 and Point 5 with a straight line. At that intersection, the boundary extends from the MHWL to Point 5 along a straight line. Point MHWL. The boundary follows the MWHL westward until it intersects the line defined by connecting Point 4 and Point 5 with a straight line. At that intersection, the boundary extends from the MHWL to Point 5 along a straight line. 16:22 Aug 10, 2006 Jkt 208001 Table B–11. Santa Barbara Island Marine Reserve The Santa Barbara Island Marine Reserve (Santa Barbara) boundary is defined by NOAA’s MHWL along Santa Barbara Island, the coordinates provided in Table B–11, and the following textual description. The Santa Barbara Island boundary extends from Point 1 to Point 2 along a straight line. It then extends along a straight line from Point 2 to the MHWL along Santa Barbara Island where a line defined by connecting Point 2 and Point 3 with a straight line intersects the MHWL. The boundary follows the MWHL northeastward until it intersects the line defined by connecting Point 4 and Point 5 with a straight line. At that intersection, the boundary then extends from the MHWL to Point 5 along a straight line. The boundary then extends from Point 5 to Point 6 along a straight line. Point 1 2 3 4 5 6 ............. ............. ............. ............. ............. ............. Latitude 33.47500° 33.47500° 33.36320° 33.36320° 33.46500° 33.47500° Point 3 ............. 4 ............. 5 ............. Latitude 34.08330° N 34.06670° N 34.07500° N Longitude ¥119.85000° W ¥119.85000° W ¥119.88330° W Table C–2. Anacapa Island Marine Conservation Area The Anacapa Island Marine Conservation Area (AIMCA) boundary is defined by NOAA’s MHWL along Anacapa Island, the coordinates provided in Table C–2, and the following textual description. The AIMCA boundary extends from Point 1 to Point 2 along a straight line. It then extends along a straight line from Point 2 to the MWHL of Anacapa Island where a line defined by connecting Point 2 and Point 3 with a straight line intersects the MHWL. The boundary follows the MWHL westward until it intersects the line defined by connecting Point 4 and Point 5 with a straight line. At that intersection, the boundary extends from the MHWL to Point 5 along a straight line. Point 1 2 3 4 5 ............. ............. ............. ............. ............. Latitude 34.01330° 34.08330° 34.08330° 34.00670° 34.01330° N N N N N Longitude ¥119.44500° ¥119.44500° ¥119.41000° ¥119.41000° ¥119.44500° W W W W W [FR Doc. 06–6812 Filed 8–10–06; 8:45 am] BILLING CODE 3510–NK–P Longitude N N N N N N ¥119.02830° ¥118.90879° ¥118.90879° ¥119.03670° ¥119.03670° ¥119.02830° W W W W W W DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1310 [Docket No. DEA–257P] 9. Add Appendix C to Subpart G to read as follows: RIN 1117–AA93 Appendix C to Subpart G of Part 9222— Marine Conservation Area Boundaries Changes in the Regulation of Iodine Crystals and Chemical Mixtures Containing Over 2.2 Percent Iodine Table C–1. Painted Cave (Santa Cruz Island) Marine Conservation Area The Painted Cave Marine Conservation Area (Painted Cave) boundary is defined by NOAA’s MHWL along Santa Cruz Island, the coordinates provided in Table C–1, and the following textual description. The Painted Cave boundary extends from Point 1 to Point 2 along a straight line. It then extends along a straight line from Point 2 to the MHWL along Santa Cruz Island where a line defined by connecting Point 2 and Point 3 with a straight line intersects the MHWL. The boundary follows the MWHL westward until it intersects the line defined by connecting Point 4 and Point 5 with a straight line. At that intersection, the boundary extends from the MHWL to Point 5 along a straight line. Point 1 ............. 2 ............. PO 00000 Latitude Longitude 34.07500° N 34.08670° N Frm 00017 Fmt 4702 ¥119.88330° W ¥119.88330° W Sfmt 4702 Drug Enforcement Administration (DEA), U.S. Department of Justice. ACTION: Notice of proposed rulemaking. AGENCY: SUMMARY: This Notice of Proposed Rulemaking (NPRM) proposes changes in the regulation of the listed chemical iodine pursuant to the chemical regulatory provisions of the Controlled Substances Act (CSA). The Drug Enforcement Administration (DEA) believes that this action is necessary in order to remove deficiencies in the current regulatory controls, which are being exploited by drug traffickers who divert iodine (in the form of iodine crystals and iodine tincture) for the illicit production of methamphetamine in clandestine drug laboratories. This NPRM proposes (1) the movement of E:\FR\FM\11AUP1.SGM 11AUP1

Agencies

[Federal Register Volume 71, Number 155 (Friday, August 11, 2006)]
[Proposed Rules]
[Pages 46134-46144]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-6812]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket No. 060707188-6188-01]
RIN 0648-AT18


Consideration of Marine Reserves and Marine Conservation Areas 
Within the Channel Islands National Marine Sanctuary

AGENCY: National Marine Sanctuary Program (NMSP), National Ocean 
Service (NOS), National Oceanic and Atmospheric Administration (NOAA), 
Department of Commerce (DOC).

ACTION: Proposed rule.

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[[Page 46135]]

SUMMARY: NOAA is proposing to establish a network of marine zones 
within the Channel Islands National Marine Sanctuary (CINMS or 
Sanctuary). Marine zones are discrete areas that have special 
regulations differing from the regulations that apply throughout or 
above the Sanctuary as a whole. The purpose of these proposed zones is 
to further the protection of Sanctuary biodiversity and complement an 
existing network established by the State of California in October 
2002, and implemented in April 2003, under its authorities. Two types 
of zones are being proposed by this action: marine reserves and marine 
conservation areas. All extractive activities (e.g., removal of any 
Sanctuary resource) and injury to Sanctuary resources would be 
prohibited in all zones of the Sanctuary designated as marine reserves. 
Certain lobster fishing and recreational fishing for pelagic species 
would be allowed within zones of the Sanctuary designated as marine 
conservation areas, while all other extraction and injury would be 
prohibited. The CINMS is approximately 1268 square nautical miles. The 
proposed action would establish approximately 232 square nautical miles 
of marine reserves and 8.6 square nautical miles of marine conservation 
areas in the state and federal waters of the Sanctuary. As part of this 
action, NOAA is also proposing to modify the terms of designation for 
the Sanctuary, which were originally published on October 2, 1980 (45 
FR 65198), to allow for the regulation of extractive activities, 
including fishing, in the proposed marine reserves and marine 
conservation areas, and a slight modification to the outer boundary of 
the CINMS.

DATES: Comments must be received by October 10, 2006.
    Dates for public hearings are:
    1. September 26, 2006, 6:15 p.m. to 9 p.m., Ventura, California.
    2. September 28, 2006, 6:15 p.m. to 9 p.m., Santa Barbara, 
California.
    Please refer to ADDRESSES for additional information on the public 
hearings.

ADDRESSES: You may submit comments by any of the following methods:
     E-mail: CINMSReserves.DEIS@noaa.gov. Include in the 
subject line the following document identifier: Proposed marine 
reserves in CINMS.
     Federal e-Rulemaking Portal:  http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Sean Hastings, Channel Islands National Marine 
Sanctuary, 113 Harbor Way, Suite 150, Santa Barbara, CA 93109.
    Copies of the draft environmental impact statement, regulatory 
impact review, and initial regulatory flexibility analyses may be 
obtained from NOAA's Channel Islands National Marine Sanctuary web site 
at http://channelislands.noaa.gov/ or by writing to Sean Hastings, 
Resource Protection Coordinator, Channel Islands National Marine 
Sanctuary,113 Harbor Way, Suite 150, Santa Barbara, CA 93109; e-mail: 
Sean.Hastings@noaa.gov.
    Hearings: The hearing on Tuesday, September 26, 2006, 6:15-9 pm 
will be held in the Sheraton Four Points Hotel, San Buenaventura 
Ballroom, 1050 Schooner Drive, Ventura, California. The hearing on 
Thursday, September 28, 2006, 6:15-9 pm will be held at the Earl Warren 
Showgrounds, Exhibit Building, 3400 Calle Real, Santa Barbara, 
California
    Paperwork Burden: Written comments regarding the burden-hour 
estimates or other aspects of the collection-of-information 
requirements contained in this proposed rule may be submitted to David 
Bizot, National Permit Coordinator, 1305 East West Highway, Silver 
Spring, MD 20910 and by e-mail to David--Rostker@omb.eop.gov, or fax to 
(202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Sean Hastings, (805) 884-1472; e-mail: 
Sean.Hastings@noaa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

A. Channel Islands National Marine Sanctuary

    The CINMS area is approximately 1,252.5 square nautical miles 
adjacent to the following islands and offshore rocks: San Miguel 
Island, Santa Cruz Island, Santa Rosa Island, Anacapa Island, Santa 
Barbara Island, Richardson Rock, and Castle Rock (collectively the 
Channel Islands), extending seaward to a distance of approximately 6 
nautical miles. NOAA designated the CINMS in 1980 to protect the area's 
rich and diverse range of marine life and habitats, unique and 
productive oceanographic processes and ecosystems, and culturally 
significant resources (see 45 FR 65198). The Sanctuary was designated 
pursuant to NOAA's authority under the National Marine Sanctuaries Act 
(NMSA; 16 U.S.C. 1431 et seq.). There are significant human uses in the 
Sanctuary as well, including commercial and recreational fishing, 
marine wildlife viewing, boating and other recreational activities, 
research and monitoring activities, numerous educational activities, 
and maritime shipping.
    The waters surrounding California's Channel Islands represent a 
globally unique and diverse assemblage of habitats and species. This 
region is a subset of the larger ecosystem of the Southern California 
Bight, an area bounded by Point Conception in the north and Punta 
Banda, Mexico in the south. In the area between Santa Barbara Island in 
the south and San Miguel Island in the northwest, the colder waters of 
the Oregonian oceanic province in the north converge and mix with the 
warmer waters of the Californian oceanic province. Each of these two 
provinces has unique oceanic conditions and species assemblages, which 
in turn are parts of distinct biogeographic regions. The mixing of 
these two provinces in the vicinity of the Channel Islands creates a 
transition zone within the island chain. Upwelling and ocean currents 
in the area create a nutrient rich environment that supports high 
species and habitat diversity.
    In the Southern California Bight, marine resources have declined 
under pressure from a variety of factors, including commercial and 
recreational fishing, changes in oceanographic conditions associated 
with El Nino and other large-scale oceanographic cycles, introduction 
of disease, and increased levels of pollutants. The urbanization of 
southern California has significantly increased the number of people 
visiting the coastal zone. The burgeoning coastal population has 
greatly increased the influx of human, industrial, and agricultural 
wastes to California coastal waters. Population growth has also 
increased human demands on the ocean, including commercial and 
recreational fishing, wildlife viewing and other activities. New 
technologies have increased the yield of sport and commercial 
fisheries. Many former natural refuges for targeted species, such as 
submarine canyons, submerged pinnacles, deep waters, and waters distant 
from harbors, can now be accessed due to advancements in fishing 
technology and increased fishing effort.
    The significant changes in ecological conditions resulting from the 
array of human activities in the Channel Islands region are just 
beginning to be understood. For example, many kelp beds have converted 
to urchin barrens, where urchins and coralline algae have replaced kelp 
as the dominant feature. Deep canyon and rock areas that were formerly 
rich rockfishing grounds have significantly reduced populations of 
larger rockfish such as cowcod and bocaccio.

[[Page 46136]]

    In the Southern California Bight, commercial and recreational 
fisheries target more than 100 fish species and more than 20 
invertebrate species. Targeted species have exhibited high variability 
in landings from year to year (e.g., squid) and in several cases have 
declined to the point that the fishery has had to be shut down (e.g., 
abalone). Many targeted species are considered overfished and one 
previously targeted species (white abalone) is listed as endangered. 
Excessive bycatch has caused declines of some non-targeted species. The 
removal of species that play key ecological roles, such as predatory 
fish, has altered ecosystem structure. Some types of fishing gear have 
caused temporary or permanent damage to marine habitats. The 
combination of direct take, bycatch, indirect effects, and habitat 
damage and destruction has contributed to a negative transformation of 
the marine environment around the Channel Islands.

B. Marine Zoning

    For over twenty years, NOAA has used marine zoning as a tool in 
specific national marine sanctuaries to address a wide array of 
resource protection and user conflict issues. Marine zones are discrete 
areas within or above a national marine sanctuary that have special 
regulations that differ from the regulations that apply throughout or 
above the sanctuary as a whole. For example, marine zones are used to 
regulate the use of motorized personal watercraft in the Monterey Bay 
National Marine Sanctuary. Marine zones, including areas where all 
extraction is prohibited, have also been established in the Florida 
Keys National Marine Sanctuary to provide for varying levels of 
resource protection.
    NOAA has used zoning within the CINMS since its original 
designation in 1980. For example, the CINMS regulations prohibit:
    1. Cargo vessels from coming within 1 nautical mile of any island 
in the CINMS;
    2. Disturbance of marine mammals or seabirds by flying aircraft 
below 1,000 feet within 1 nautical mile of any island within the CINMS; 
and
    3. Construction upon or drilling into the seabed within 1 nautical 
mile of any island in the CINMS.
    In addition to NOAA, other federal and state agencies have also 
established marine zones wholly or partially within the Sanctuary 
(e.g., California Department of Fish and Game, National Park Service). 
In 1978, commercial and recreational fishing was prohibited by the 
State of California in one small marine protected area of the Channel 
Islands, the Anacapa Island Ecological Reserve. The International 
Maritime Organization has designated a voluntary vessel traffic 
separation scheme to guide large vessel traffic running through the 
Santa Barbara Channel. The National Park Service (NPS) has established 
several zoned areas within the Channel Islands National Park for 
different public uses, principally to protect seabird colonies and 
marine mammal haul outs. More recently, the NPS is instituting a new 
zoning approach to managing park lands, coasts, and adjacent waters.
    Due to historic lows in the stocks of certain rockfish (e.g., 
cowcod and bocaccio), in 2001 the Pacific Fishery Management Council 
(PFMC) took emergency action and established large bottom closures to 
rebuild these stocks. NOAA implemented the Cowcod Conservation Area 
regulations on January 1, 2001 (66 FR 2338) and the Rockfish 
Conservation Area emergency regulations on September 13, 2002 (67 FR 
57973). The Cowcod Conservation Area and the California Rockfish 
Conservation Area overlay Sanctuary waters. Finally, in 2002, the 
California Fish and Game Commission (Commission) authorized the 
establishment of marine reserves and marine conservation areas within 
the Sanctuary that prohibit or limit the take of living, geological or 
cultural marine resources.

C. Channel Islands Marine Reserves Process, 1999-2003

    The NMSA requires NOAA to periodically review the management plan 
and regulations for each national marine sanctuary and to revise them, 
as necessary, to fulfill the purposes and policies of the NMSA (16 
U.S.C. 1434(e)). NOAA began the process to review the CINMS management 
plan and regulations in 1999. Through the scoping process, many members 
of the public voiced concern over the state of biodiversity in the 
CINMS and called for fully protected (i.e., no-take) zones to be 
established.
    In response to concerns about changes in the ecosystem and comments 
raised during the management plan scoping process, NOAA and the 
California Department of Fish and Game (CDFG) developed a Federal-State 
partnership to consider the establishment of marine reserves in the 
Sanctuary.
    Since the marine reserves process is inherently complex, and is a 
stand-alone action that is programmatically independent of and 
severable from the more general suite of actions contemplated in the 
management plan review process, NOAA decided to separate the process to 
consider marine reserves from the larger CINMS management plan review 
process. The draft management plan and DEIS for the management plan 
review were released for public comment on May 19, 2006 (71 FR 29148). 
NOAA also published a proposed rule to implement the management plan 
review process on May 19, 2006 (71 FR 29096). Please see http://
channelislands.noaa.gov for more information.
    The CINMS Advisory Council, a federal advisory board of local 
community representatives and federal, state and local government 
agency representatives, created a multi-stakeholder Marine Reserves 
Working Group (MRWG) to seek agreement on a recommendation regarding 
the potential establishment of marine reserves within the Sanctuary. 
The CINMS Advisory Council also designated a Science Advisory Panel of 
recognized experts and a NOAA-led Socio-economic Team to support the 
MRWG in its deliberations.
    Extensive scientific, social, and economic data were collected in 
support of the marine reserves assessment process. From July 1999 to 
May 2001, the MRWG met monthly to receive, weigh, and integrate advice 
from technical advisors and the public. The MRWG reached consensus on a 
set of ground rules, a mission statement, a problem statement, a list 
of species of interest, and a comprehensive suite of implementation 
recommendations. The MRWG found that in order to protect, maintain, 
restore, and enhance living marine resources, it is necessary to 
develop new management strategies that encompass an ecosystem 
perspective and promote collaboration between competing interests. A 
set of goals were also agreed upon by the MRWG:
    1. To protect representative and unique marine habitats, ecological 
processes, and populations of interest.
    2. To maintain long-term socioeconomic viability while minimizing 
short-term socioeconomic losses to all users and dependent parties.
    3. To achieve sustainable fisheries by integrating marine reserves 
into fisheries management.
    4. To maintain areas for visitor, spiritual, and recreational 
opportunities which include cultural and ecological features and their 
associated values.
    5. To foster stewardship of the marine environment by providing 
educational opportunities to increase awareness and encourage 
responsible use of resources.
    The MRWG developed over 40 different designs for potential marine

[[Page 46137]]

reserves and evaluated the ecological value and potential economic 
impact of each design. To do so, members of the MRWG contributed their 
own expertise to modify designs or generate alternatives and utilized a 
geospatial tool, known as the Channel Islands Spatial Support and 
Analysis Tool (CI-SSAT; Killpack et al. 2000). CI-SSAT provided 
opportunities for visualization, manipulation, and analysis of data for 
the purpose of designing marine reserves.
    After months of deliberation, a consensus design could not be 
reached and the MRWG selected two designs to represent the diverse 
views of the group. These designs depict the best effort that each MRWG 
representative could propose. Ultimately, the CINMS Advisory Council 
provided the MRWG's two designs, as well as all of the supporting 
information developed during the process, including background 
scientific and economic information, to NOAA and the CDFG for 
consideration and action.
    Based on this information and additional internal agency analysis, 
NOAA and the CDFG crafted a draft reserve network and sent it to the 
CINMS Advisory Council and the former MRWG, Science Panel and Socio-
Economic Team members seeking further input. The draft reserve network 
was also published in local papers and on the CINMS Web site to solicit 
input from the general public. Several meetings were held with 
constituent groups, including the CINMS Advisory Council's Conservation 
Working Group, Fishing Working Group and Ports and Harbors Working 
Group, to discuss the draft network. Following this period of input, 
the CDFG and NOAA prepared a recommendation for establishing a network 
of marine reserves. The recommendation proposed a network of marine 
reserves and marine conservation areas in the same general locations as 
the MRWG Composite Map. The composite map was forwarded to the SAC and 
represented two versions of a reserve network, one version from 
consumptive interests and the other from non-consumptive interests. 
These two versions were overlaid on one map, and depicted a number of 
areas that the constituent groups agreed upon. This recommendation 
became the basis for the preferred alternative in the State's 
California Environmental Quality Act (CEQA) environmental review 
process.

D. Establishment of State Reserves in the CINMS

    Due to the fact that the proposed network spanned both State and 
Federal waters, NOAA and the CDFG determined the implementation of the 
recommendation would need to be divided into a State phase and a 
Federal phase. State waters extend from the shore to a distance of 
three nautical miles. Federal waters extend beyond the limit of State 
waters to the extent of the exclusive economic zone, with the outer 
boundary of the CINMS at a distance of approximately six nautical miles 
from shore. The State phase was to be considered by the Commission 
under its authorities.
    The CDFG completed an environmental review under the requirements 
of CEQA resulting in the publication of an environmental document. The 
draft environmental document (ED) was released for public comment on 
May 30, 2002. Comments were accepted for an extended period until 
September 1, 2002. The Commission and CDFG received 2,492 letters, e-
mails and oral comments. Of this total, 2,445 were form letters that 
made identical comments.
    The Commission certified the final ED on October 23, 2002. At this 
same meeting, the Commission approved the CDFG's preferred alternative. 
The CDFG published final regulations implementing the State phase in 
January 2003. As part of its implementation, the CDFG acknowledged the 
need for NOAA to implement the proposed action in Federal waters of the 
CINMS.

E. Federal Marine Reserves Process

    Following the publication of the CDFG's final regulations in 2003, 
NOAA's NMSP initiated the Federal marine reserves process, and hosted 
scoping meetings with the general public, the CINMS Advisory Council, 
and PFMC. In 2004, the NMSP released a preliminary environmental 
document with a range of alternatives for public review. In 2005, the 
NMSP consulted with local, State, and Federal agencies and the PFMC on 
possible amendments to the CINMS designation document pursuant to 
section 303(b)(2) of the NMSA (16 U.S.C. 1433(b)(2)). In addition, in 
2005 the NMSP provided the PFMC with the opportunity to prepare draft 
sanctuary fishing regulations pursuant to section 304(a)(5) of the NMSA 
(16 U.S.C. 1434(a)(5)) for the potential establishment of marine 
reserves and marine conservation areas.
    In its response to NOAA's letter regarding draft sanctuary fishing 
regulations, the PFMC stated its support for NOAA's goals and 
objectives for marine zones in the CINMS but recommended that NOAA 
issue fishing regulations under the Magnuson-Stevens Fishery 
Conservation and Management Act (MSA) and the relevant authorities of 
the states of California, Oregon, and Washington rather than under the 
NMSA. To that end, and in accordance with advice from the NOAA 
Administrator in his October 19, 2005 letter to the PFMC, the PFMC 
recommended the Channel Islands marine zones in federal waters be 
designated as Essential Fish Habitat and Habitat Areas of Particular 
Concern with corresponding management measures to prohibit the use of 
bottom contact gear under Amendment 19 of the Groundfish Fishery 
Management Plan. To complete the process of addressing closure of the 
remaining aspect of the marine zones (i.e., in the water column) the 
PFMC stated its intent to pursue those closures through other fishery 
management plan authorities and complementary State laws.
    NOAA reviewed the PFMC's recommendations and determined that by 
themselves they did not have the specificity or record to support the 
use of the MSA or State laws to establish limited take or no-take zones 
in the water column and thereby did not fulfill NOAA's goals and 
objectives for these marine zones in the CINMS. However, Amendment 19 
to the Groundfish Fishery Management Plan would implement, in part, the 
proposed marine zones by prohibiting all bottom contact gear in the 
proposed zones. Accordingly, the NMSA regulations proposed here would 
prohibit the take of resources from the proposed zones not prohibited 
by the Amendment 19 regulations. Further, these NMSA regulations would 
ensure that, should future changes to the MSA regulations alter the 
management regime established in Amendment 19, the take of all 
Sanctuary resources would continue to be regulated pursuant to the 
Sanctuary's limited-take or no-take prohibitions. Thus, along with 
Amendment 19, the proposed NMSA regulations would establish 
comprehensive limited-take and no-take zones in the CINMS in a manner 
that fulfills NOAA's goals and objectives for these marine zones in the 
CINMS.

II. Summary of Draft Environmental Impact Statement

    In addition to this proposed rule, a draft environmental impact 
statement (DEIS) was prepared for the consideration of marine reserves 
and marine conservation areas within the Sanctuary. The DEIS was 
prepared in accordance with the NMSA and National Environmental Policy 
Act of 1969 (NEPA) requirements. The DEIS contains a statement of the 
purpose and need for the project, description of

[[Page 46138]]

proposed alternatives including the no action alternative, description 
of the affected environment, and evaluation and comparison of 
environmental consequences including cumulative impacts. The preferred 
alternative incorporates the network of marine reserves and marine 
conservation areas originally identified for the Federal phase in the 
Commission's CEQA document.

III. Proposed Revised Designation Document

    Section 304(a)(4) of the NMSA requires that the terms of 
designation include the geographic area included within the Sanctuary; 
the characteristics of the area that give it conservation, 
recreational, ecological, historical, research, educational, or 
aesthetic value; and the types of activities subject to regulation by 
the Secretary to protect these characteristics. Section 304(a)(4) also 
specifies that the terms of designation may be modified only by the 
same procedures by which the original designation was made. To 
implement this proposed action, the CINMS Designation Document, 
originally published in the Federal Register on October 2, 1980 (45 FR 
65198), is proposed to be modified as follows (new text in bold and 
deleted text in brackets and italics]:
    1. No change to Article 1, Effect of Designation.
    2. Article 2, Description of the Area, is modified by revising it 
to read:
    ``Article 2. Description of the Area
    ``The Sanctuary consists of an area of the waters off the coast of 
California, of approximately [1252.5] 1268 square nautical miles (nmi) 
adjacent to the northern Channel Islands and Santa Barbara Island 
seaward to a distance of approximately 6 nmi. The precise boundaries 
are defined by regulation.''
    3. No change to Article 3, Characteristics of the Area that Give it 
Particular Value.
    4. Article 4, Scope of Regulation, is modified by adding the 
following at the end of Section 1:
    ``g. Within a marine reserve, marine park, or marine conservation 
area, harvesting, removing, taking, injuring, destroying, possessing, 
collecting, moving, or causing the loss of any living or dead organism, 
historical resource, or any other Sanctuary resource, or attempting any 
of these activities.
    ``h. Within a marine reserve, marine park, or marine conservation 
area, possessing fishing gear.''
    5. Article 5, Relation to Other Regulatory Programs, is modified by 
revising the first sentence of Section 1 to read:
    ``Section 1. Fishing. The regulation of fishing is not authorized 
under Article 4, except within portions of the Sanctuary designated as 
marine reserves, marine parks, or marine conservation areas established 
pursuant to the goals and objectives of the Sanctuary and within the 
scope of the State of California's Final Environmental Document 
``Marine Protected Areas in NOAA's Channel Islands National Marine 
Sanctuary'' (California Department of Fish and Game, October 2002), 
certified by the California Fish and Game Commission.''
    6. No change to Article 6, Alteration to this Designation.

IV. Summary of Proposed Regulations

    The proposed regulations would implement NOAA's preferred 
alternative in the establishment of marine reserves and marine 
conservation areas within the CINMS. The proposed regulations would 
define two new terms (pelagic finfish and stowed and not available for 
immediate use), prohibit injuring Sanctuary resources, prohibit all 
extractive activities within the marine reserves, and prohibit all 
extractive activities within the marine conservation areas except 
recreational fishing for pelagic finfish, and commercial and 
recreational lobster fishing in the Anacapa Island Marine Conservation 
Area, and recreational lobster fishing in the Painted Cave Marine 
Conservation Area. The proposed regulations would also add two new 
appendices that list the boundary coordinates for the proposed marine 
reserves and marine conservation areas. The proposed regulations would 
modify subpart G of the National Marine Sanctuary Program Regulations 
(15 CFR part 922), the regulations for the Channel Islands National 
Marine Sanctuary.

A. Establishment of Marine Reserves and Marine Conservation Areas

    The proposed regulations would establish under the NMSA eleven 
marine reserves and two marine conservation areas within the CINMS. 
Refer to figure 1 for a map depicting the locations of the marine 
reserves and marine conservation areas. The marine reserves would be 
distributed throughout the CINMS and extend slightly beyond the current 
boundaries of the CINMS in four locations. The total size of the CINMS 
would increase from 1252 square nautical miles to 1268 square nautical 
miles, an increase of 16 square nautical miles. The boundaries of the 
marine reserves and marine conservation areas would be consistent with 
the marine reserves and marine conservation areas established by the 
Commission in 2002 in State waters and extend most of them into Federal 
waters of the Sanctuary.

[[Page 46139]]

[GRAPHIC] [TIFF OMITTED] TP11AU06.000

    Under the proposed regulations, NOAA would establish three marine 
reserves in the area around San Miguel Island, three around Santa Rosa 
Island, two around Santa Cruz Island, two around Anacapa Island, and 
one around Santa Barbara Island. The marine conservation areas would be 
established in the areas around Santa Cruz and Anacapa Islands.
    The total area that would be designated marine reserves under the 
proposed regulation would be 232.5 square nautical miles. The marine 
conservation areas would encompass an additional 8.6 square nautical 
miles.

B. Activities Prohibited Within the Marine Reserves

    Under the proposed regulations, NOAA would prohibit any harvesting, 
removing, taking, injuring, destroying, collecting, moving, or causing 
the loss of any living or dead organism, historical resource, or any 
other Sanctuary resource, or attempting to do so, within any of the 
marine reserves. The term ``sanctuary resource'' is broadly defined in 
the NMSP regulations at 15 CFR 922.3 and means any living or non-living 
resource that contributes to the conservation, recreational, 
ecological, historical, scientific, educational, or aesthetic value of 
the Sanctuary. For the CINMS, the term ``Sanctuary resource'' includes, 
for example, the seafloor and all animals and plants of the Sanctuary. 
It also includes historical resources (which, pursuant to 15 CFR 922.3, 
include cultural and archeological resources), such as shipwrecks and 
Native American remains. In addition, to enhance compliance and aid in 
enforcement, the proposed regulations would also prohibit possessing 
fishing gear and Sanctuary resources inside a marine reserve, except in 
certain circumstances. The proposed regulations would allow possession 
of legally harvested fish stowed on a vessel at anchor in or transiting 
through a marine reserve and would also allow the possession of stowed 
fishing gear, provided the gear is not available for immediate use.
    The proposed regulations prohibit only those extractive activities 
within marine reserves that are not prohibited by 50 CFR part 660, the 
NOAA regulations that govern ``Fisheries off West Coast States'' (NOAA 
fisheries regulations). Therefore, if an extractive activity is 
prohibited by NOAA fishing regulations, it is not prohibited by the 
proposed regulation. Conversely, all extractive activities not 
prohibited by NOAA fisheries regulations would be prohibited by the 
proposed regulations within marine reserves. In the future, if NOAA 
were to amend the NOAA fisheries regulations to prohibit additional 
extractive activities for MSA reasons, that rulemaking would also 
propose for comment those activities that would be no longer within the 
scope of this NMSA regulation.
    Regardless of the specific regulatory mechanism, the intended 
result of this proposed rule is for all extractive activities to be 
prohibited within the proposed marine reserves.

C. Activities Prohibited Within the Marine Conservation Areas

    The proposed regulations would prohibit the same activities within 
the marine conservation areas as within the marine reserves except that 
lobster fishing and recreational fishing for

[[Page 46140]]

pelagic finfish would be allowed. Both commercial lobster fishing and 
recreational lobster fishing would be allowed in the marine 
conservation area at Anacapa Island. Recreational lobster fishing would 
be allowed in the marine conservation area at Santa Cruz Island. 
Commercial lobster fishing would not be allowed in the marine 
conservation area at Santa Cruz Island. Recreational fishing for 
pelagic finfish would only be allowed within the marine conservation 
areas. Commercial fishing for pelagic finfish would be prohibited 
within the marine conservation areas.
    Like the proposed regulations for marine reserves, the proposed 
regulations for the marine conservation areas would only prohibit 
activities that are not prohibited by applicable NOAA fisheries 
regulations codified at 50 CFR part 660.

D. Enforcement

    The proposed regulations would be enforced by NOAA and other 
authorized agencies (e.g., CDFG, United States Coast Guard, and 
National Park Service) in a coordinated and comprehensive way. 
Enforcement actions for an infraction would be prosecuted under the 
appropriate statutes or regulations governing that infraction. The 
result is that enforcement actions may be taken under State of 
California authorities, the NMSA, the MSA, or other relevant legal 
authority.

E. Permitting

    The NMSP regulations, including the regulations for the CINMS, 
allow NOAA to issue permits to conduct activities that would otherwise 
be prohibited by the regulations. Most permits are issued by the 
Superintendent of the CINMS. Requirements for filing permit 
applications are specified in NMSP regulations and the Office of 
Management and Budget-approved application guidelines (OMB control 
number 0648-0141). Criteria for reviewing permit applications are 
contained in the NMSP regulations as well at 15 CFR 922.48. In general, 
permits may be issued for activities related to scientific research, 
education, and management. Permits may also be issued for activities 
associated with the salvage and recovery efforts for a recent air or 
marine casualty. (Emergency activities would not require a permit.)
    Nationwide, NOAA issues approximately 200 national marine sanctuary 
permits each year. Of this amount, two or three are for activities 
within the CINMS. The majority of permits issued for activities within 
the CINMS are for activities related to scientific research. NOAA 
expects this trend to continue with the proposed regulations. Although 
there may be an increase in the number of permits requested for 
activities within the CINMS, NOAA does not expect this increase to 
appreciably raise the average number of permits issued nationwide. 
Therefore, NOAA has determined that the proposed regulations do not 
necessitate a modification to its information collection approval by 
the Office of Management and Budget under the Paperwork Reduction Act.

V. Miscellaneous Rulemaking Requirements

A. National Marine Sanctuaries Act

    Section 304 of the NMSA (16 U.S.C. 1434) requires the Secretary of 
Commerce in designating a sanctuary to submit Sanctuary designation 
documents to the United States Congress (Committee on Resources of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate) and Governor of each State in which any 
part of the Sanctuary would be located. The designation documents are 
to be submitted on the same date this notice is published and must 
include the proposed terms of the designation, the proposed 
regulations, a draft environmental impact statement, and a draft 
management plan. The terms of designation may only be modified by the 
same procedures by which the original designation is made. In 
accordance with Section 304, the appropriate documents are being 
submitted to the specified Congressional Committees and the Governor of 
California.

B. National Environmental Policy Act

    In accordance with Section 304(a)(2) of the NMSA (16 U.S.C. 
1434(a)(2)), and the provisions of NEPA (42 U.S.C. 4321-4370(a)), a 
draft environmental impact statement (DEIS) has been prepared for the 
proposed action. Copies of the DEIS are available upon request to NOAA 
at the address listed in the ADDRESSES section.

C. Executive Order 12866: Regulatory Impact

    Under Executive Order 12866, if the proposed regulations are 
``significant'' as defined in section 3(f)(1), (2), (3), or (4) of the 
Order, an assessment of the potential costs and benefits of the 
regulatory action must be prepared and submitted to the Office of 
Management and Budget. This proposed rule has been determined to be not 
significant within the meaning of Executive Order 12866.

D. Executive Order 13132: Federalism

    The Assistant Secretary for Intergovernmental and Legislative 
Affairs, Department of Commerce, will consult with appropriate elected 
officials in the State of California, as appropriate. Since 1999, NOAA 
has partnered with and supported the State in this effort. During the 
Federal phase, NOAA has continually briefed the Secretary of Resources 
and the Director of California Department of Fish and Game. NOAA also 
held numerous consultations with all California resource management 
agencies as required under section 303(b)(2) of the NMSA.

E. Regulatory Flexibility Act

    In accordance with the requirements of section 603(a) of the 
Regulatory Flexibility Act (5 U.S.C. 603(a)), NOAA has prepared an 
initial regulatory flexibility analysis (IRFA) describing the impact of 
the proposed action on small businesses. Section 603(b) (5 U.S.C. 
603(b)) requires that each IRFA contain a description of the reasons 
the action is being considered, a succinct statement of the objectives 
of, and legal basis for, the action, a description of and, where 
feasible, an estimate of the number of small entities to which the 
proposed action will apply, a description of the projected reporting, 
recordkeeping and other compliance requirements of the proposed action, 
including an estimate of the classes of small entities which would be 
subject to the requirement and the type of professional skills 
necessary for preparation of the report or record, and an 
identification, to the extent practicable, of all relevant Federal 
rules which may duplicate, overlap or conflict with the proposed 
action. In addition, section 603(c) (5 U.S.C. 603(c)) requires that 
each IRFA contain a description of any significant alternatives to the 
proposed action which accomplish the stated objectives of applicable 
statutes and which minimize any significant economic impact of the 
proposed action on small entities. The IRFA is available upon request 
to NOAA at the address listed in the ADDRESSES section above. A summary 
of the IRFA follows.
Summary of the Initial Regulatory Flexibility Act Analysis
    In accordance with the requirements of section 603(a) of the 
Regulatory Flexibility Act (RFA) (5 U.S.C. 603(a)), NOAA has prepared 
an IRFA describing the impact of the proposed regulations on small 
entities. A statement of why action by NOAA is being considered

[[Page 46141]]

and the objectives of, and legal basis for, the proposed rule is 
contained in the preamble section of the proposed rule and is not 
repeated here.
    The Small Business Administration has established thresholds on the 
designation of businesses as ``small entities''. A fish-harvesting 
business is considered a ``small'' business if it has annual receipts 
not in excess of $3.5 million (13 CFR 121.201). Sports and recreation 
businesses and scenic and sightseeing transportation businesses are 
considered ``small'' businesses if they have annual receipts not in 
excess of $6 million (13 CFR 121.201). According to these limits, each 
of the businesses listed below are considered small entities.
    All analyses are based on the most recently updated and best 
available information.
    In 2003, there were 441 commercial fishing operations that reported 
catches from the CINMS. Total commercial fishing revenue from the CINMS 
was $17.3 million in 2003.
    In 1999, there were 18 recreational fishing charter/party boats 
operating in the CINMS. In 1999, there were 10 consumptive diving 
charter/party boats operating in the CINMS. Total reported 1999 gross 
revenue from these consumptive recreational activities was $8.8 
million. Total costs for 1999 were reported at $8.4 million. After all 
costs were paid, the consumptive recreational activities resulted in 
$420,000 in profit.
    In 1999, there were 8 whale watching operations, 7 non-consumptive 
diving operations, 4 operations that offered kayaking or island 
sightseeing activities, and 8 sailing operations, within the CINMS. 
Total reported 1999 gross revenue from these non-consumptive 
recreational activities was $2.6 million. Total costs for 1999 were 
reported at $2.5 million. After all costs were paid, the non-
consumptive recreational activities resulted in $82,000 in profit.
    Two alternatives plus a no-action alternative were considered. The 
no action (status quo) alternative would not establish marine reserves 
and marine conservation areas in the Sanctuary. Therefore there is no 
economic impact.
    Alternative 1, the proposed alternative, including both the 
existing state network and proposed extensions, would include 
approximately 232.5 square nautical miles of marine reserves and 8.6 
square nautical miles of marine conservation areas for a total of 241.1 
square nautical miles of the CINMS. The new proposed federal areas of 
alternative 1 potentially impact 0.51% (approximately $124,000) of ex 
vessel value of commercial catch in the CINMS. The total maximum 
potential loss to the income of commercial fishing businesses is 0.61% 
($440,000) and to the employment of commercial fishing businesses is 
0.66% (13 jobs). For consumptive recreation in the CINMS, the estimated 
maximum potential loss associated with alternative 1 is $935,000 (3.5%) 
in annual income and about 42 full and part-time jobs (3.7%) in the 
local county economies. For non-consumptive recreation in the CINMS, 
the estimated range of potential increases in income generated in the 
local county economies associated with alternative 1 is between $337 
and about $380,000. The estimated range of potential increases in 
employment in the local county economies is between 0.02 and 19 full 
and part-time jobs.
    Alternative 2, including both the existing state network and 
proposed extensions, would encompass approximately 275.8 square 
nautical miles of marine reserves and 12.1 square nautical miles of 
marine conservation areas for a total of 287.8 square nautical miles of 
the CINMS. Alternative 2 is larger than alternative 1, and proposes 
some different reserve areas not proposed in alternative 1. The new 
proposed federal areas of alternative 2 potentially impact 0.82% 
(approximately $197,000) of ex vessel value of commercial catch in the 
CINMS. The total maximum potential loss to the income of commercial 
fishing businesses is 0.91% ($650,000) and to the employment of 
commercial fishing businesses is 0.97% (19 jobs). For consumptive 
recreation in the CINMS, the estimated maximum potential loss 
associated with alternative 2 is $1,300,000 (5.0%) in annual income and 
about 59 full and part-time jobs (5.2%) in the local county economies. 
For non-consumptive recreation in the CINMS, the estimated range of 
potential increases in income generated in the local county economies 
associated with alternative 2 is between $748 and about $841,000. The 
estimated range of potential increases in employment in the local 
county economies is between 0.04 and 44 full and part-time jobs.
    There are no new reporting, recordkeeping, or other compliance 
requirements.
    The CINMS lies in part within the area for which the PFMC is 
responsible for developing fishery management plans (FMPs) under the 
MSA. As stated previously, the proposed regulations governing fishing 
in the Sanctuary are drafted to avoid redundancy with regulations 
recommended by the PFMC and promulgated by NOAA under the MSA.
    For a more detailed analysis consult the IRFA, which is available 
upon request to NOAA at the address listed in the ADDRESSES section 
above.

F. Paperwork Reduction Act

    This rule contains a collection-of-information requirement subject 
to the Paperwork Reduction Act (PRA) which has been approved by OMB 
under control number 0648-0141. The public reporting burden for 
national marine sanctuary permits is estimated to average 1 hour per 
response, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. This rule would 
not modify the average annual number of respondents or the reporting 
burden for this information requirement, so a modification to this 
approval is not necessary. Send comments regarding this burden 
estimate, or any other aspect of this data collection, including 
suggestions for reducing the burden, to NOAA (see ADDRESSES) and by e-
mail to David--Rostker@omb.eop.gov, or fax to (202) 395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

G. Unfunded Mandates Reform Act of 1995

    This proposed rule, if adopted as proposed, would contain no 
federal mandates (under the regulatory provisions of Title II of the 
Unfunded Mandates Reform Act of 1995 (UMRA)) for State, local, and 
tribal governments or the private sector. Thus, this rule is not 
subject to the requirements of section 202 and 205 of UMRA.

List of Subjects in 15 CFR Part 922

    Administrative practice and procedure, Coastal zone, Education, 
Environmental protection, Marine resources, Natural resources, 
Penalties, Recreation and recreation areas, Reporting and recordkeeping 
requirements, Research.

    Dated: August 2, 2006.
John H. Dunnigan,
Assistant Administrator for Ocean Services and Coastal Zone Management.

    Accordingly, for the reasons set forth above, 15 CFR part 922 is 
proposed to be amended as follows:

[[Page 46142]]

PART 922--[AMENDED]

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

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

    2. Revise Sec.  922.70 to read as follows:


Sec.  922.70  Boundary.

    The Channel Islands National Marine Sanctuary (Sanctuary) consists 
of an area of the waters off the coast of California of approximately 
1268 square nautical miles (nmi) adjacent to the following islands and 
offshore rocks: San Miguel Island, Santa Cruz Island, Santa Rosa 
Island, Anacapa Island, Santa Barbara Island, Richardson Rock, and 
Castle Rock (collectively the Islands) extending seaward to a distance 
of approximately six nmi. The boundary coordinates are listed in 
appendix A to this subpart.


Sec. Sec.  922.71 and 922.72  [Redesignated]

    3. Redesignate Sec. Sec.  922.71 and 922.72 as Sec. Sec.  922.72 
and 922.74, respectively.
    4. Add new Sec.  922.71 to subpart G of part 922 to read as 
follows:


Sec.  922.71  Definitions.

    In addition to those definitions found at Sec.  922.3, the 
following definitions apply to this subpart:
    Pelagic finfish are defined as: northern anchovy (Engraulis 
mordax), barracudas (Sphyraena spp.), billfishes (family 
Istiophoridae), dolphinfish (Coryphaena hippurus), Pacific herring 
(Clupea pallasi), jack mackerel (Trachurus symmetricus), Pacific 
mackerel (Scomber japonicus), salmon (Oncorhynchus spp.), Pacific 
sardine (Sardinops sagax), blue shark (Prionace glauca), salmon shark 
(Lamna ditropis), shortfin mako shark (Isurus oxyrinchus), thresher 
sharks (Alopias spp.), swordfish (Xiphias gladius), tunas (family 
Scombridae), and yellowtail (Seriola lalandi).
    Stowed and not available for immediate use means not readily 
accessible for immediate use, e.g., by being securely covered and 
lashed to a deck or bulkhead, tied down, unbaited, unloaded, or 
partially disassembled (such as spear shafts being kept separate from 
spear guns).
    5. Add Sec.  922.73 to subpart G to read as follows:


Sec.  922.73  Marine reserves and marine conservation areas.

    (a) Marine reserves. Unless prohibited by 50 CFR part 660 
(Fisheries off West Coast States) as of [effective date of final rule], 
the following activities are prohibited and thus unlawful for any 
person to conduct or cause to be conducted within a marine reserve 
described in Appendix B to this subpart:
    (1) Harvesting, removing, taking, injuring, destroying, collecting, 
moving, or causing the loss of any living or dead organism, historical 
resource, or other Sanctuary resource, or attempting any of these 
activities.
    (2) Possessing fishing gear on board a vessel unless such gear is 
stowed and not available for immediate use.
    (3) Possessing any living or dead organism, historical resource, or 
other Sanctuary resource, except legally harvested fish on board a 
vessel at anchor or in transit.
    (b) Marine conservation areas. Unless prohibited by 50 CFR part 660 
(Fisheries off West Coast States) as of [effective date of final rule], 
the following activities are prohibited and thus unlawful for any 
person to conduct or cause to be conducted within a marine conservation 
area described in Appendix C to this subpart:
    (1) Harvesting, removing, taking, injuring, destroying, collecting, 
moving, or causing the loss of any living or dead organism, historical 
resource, or other Sanctuary resource, or attempting any of these 
activities, except:
    (i) Recreational fishing for pelagic finfish;
    (ii) Commercial and recreational fishing for lobster within the 
Anacapa Marine Conservation Area; or
    (iii) Recreational fishing for lobster within the Painted Cave 
Marine Conservation Area.
    (2) Possessing fishing gear on board a vessel, except legal fishing 
gear used to fish for lobster or pelagic finfish, unless such gear is 
stowed and not available for immediate use.
    (3) Possessing any living or dead organism, historical resource, or 
other Sanctuary resource, except legally harvested fish on board a 
vessel at anchor or in transit.
    6. In newly redesignated Sec.  922.74, revise paragraph (a) 
introductory text to read as follows:


Sec.  922.74  Permit procedures and criteria.

    (a) Any person in possession of a valid permit issued by the 
Director in accordance with this section and Sec.  922.48 may conduct 
any activity within the Sanctuary prohibited under Sec. Sec.  922.72 or 
922.73 if such activity is either:
* * * * *
    7. Revise Appendix A to subpart G to read as follows:

Appendix A to Subpart G of Part 922--Channel Islands National Marine 
Sanctuary Boundary Coordinates

    [Coordinates listed in this Appendix are unprojected 
(Geographic) and based on the North American Datum of 1983.]

------------------------------------------------------------------------
                                             Latitude        Longitude
              Point ID No.                    (north)         (south)
------------------------------------------------------------------------
1.......................................        33.94138      -119.27422
2.......................................        33.96776      -119.25010
3.......................................        34.02607      -119.23642
4.......................................        34.07339      -119.25686
5.......................................        34.10185      -119.29178
6.......................................        34.11523      -119.33040
7.......................................        34.11611      -119.39120
8.......................................        34.11434      -119.40212
9.......................................        34.11712      -119.42896
10......................................        34.11664      -119.44844
11......................................        34.13389      -119.48081
12......................................        34.13825      -119.49198
13......................................        34.14784      -119.51194
14......................................        34.15086      -119.54670
15......................................        34.15450      -119.54670
16......................................        34.15450      -119.59170
17......................................        34.15142      -119.61254
18......................................        34.13411      -119.66024
19......................................        34.14635      -119.69780
20......................................        34.15988      -119.76688
21......................................        34.15906      -119.77800
22......................................        34.15928      -119.79327
23......................................        34.16213      -119.80347
24......................................        34.16962      -119.83643
25......................................        34.17266      -119.85240
26......................................        34.17588      -119.88903
27......................................        34.17682      -119.93357
28......................................        34.17258      -119.95830
29......................................        34.13535      -120.01964
30......................................        34.13698      -120.04206
31......................................        34.12994      -120.08582
32......................................        34.12481      -120.11104
33......................................        34.12519      -120.16076
34......................................        34.11008      -120.21190
35......................................        34.11128      -120.22707
36......................................        34.13632      -120.25292
37......................................        34.15341      -120.28627
38......................................        34.16408      -120.29310
39......................................        34.17704      -120.30670
40......................................        34.20492      -120.30670
41......................................        34.20492      -120.38830
42......................................        34.20707      -120.41801
43......................................        34.20520      -120.42859
44......................................        34.19254      -120.46041
45......................................        34.20540      -120.50728
46......................................        34.20486      -120.53987
47......................................        34.18182      -120.60041
48......................................        34.10208      -120.64208
49......................................        34.08151      -120.63894
50......................................        34.05848      -120.62862
51......................................        34.01940      -120.58567
52......................................        34.01349      -120.57464
53......................................        33.98698      -120.56582
54......................................        33.95039      -120.53282
55......................................        33.92694      -120.46132
56......................................        33.92501      -120.42170
57......................................        33.91403      -120.37585
58......................................        33.91712      -120.32506
59......................................        33.90956      -120.30857
60......................................        33.88976      -120.29540
61......................................        33.84444      -120.25482
62......................................        33.83146      -120.22927
63......................................        33.81763      -120.20284
64......................................        33.81003      -120.18731
65......................................        33.79425      -120.13422
66......................................        33.79379      -120.10207
67......................................        33.79983      -120.06995
68......................................        33.81076      -120.04351
69......................................        33.81450      -120.03158
70......................................        33.84125      -119.96508
71......................................        33.84865      -119.92316
72......................................        33.86993      -119.88330
73......................................        33.86195      -119.88330

[[Page 46143]]

 
74......................................        33.86195      -119.80000
75......................................        33.86110      -119.79017
76......................................        33.86351      -119.77130
77......................................        33.85995      -119.74390
78......................................        33.86233      -119.68783
79......................................        33.87330      -119.65504
80......................................        33.88594      -119.62617
81......................................        33.88688      -119.59423
82......................................        33.88809      -119.58278
83......................................        33.89414      -119.54861
84......................................        33.90064      -119.51936
85......................................        33.90198      -119.51609
86......................................        33.90198      -119.43311
87......................................        33.90584      -119.43311
88......................................        33.90424      -119.42422
89......................................        33.90219      -119.40730
90......................................        33.90131      -119.38373
91......................................        33.90398      -119.36333
92......................................        33.90635      -119.35345
93......................................        33.91304      -119.33280
94......................................        33.91829      -119.32206
95......................................        33.48250      -119.16874
96......................................        33.44235      -119.16797
97......................................        33.40555      -119.14878
98......................................        33.39059      -119.13283
99......................................        33.36804      -119.08891
100.....................................        33.36375      -119.06803
101.....................................        33.36241      -119.04812
102.....................................        33.36320      -119.03670
103.....................................        33.36320      -118.90879
104.....................................        33.47500      -118.90879
105.....................................        33.48414      -118.90712
106.....................................        33.52444      -118.91492
107.....................................        33.53834      -118.92271
108.....................................        33.58616      -118.99540
109.....................................        33.59018      -119.02374
110.....................................        33.58516      -119.06745
111.....................................        33.58011      -119.08521
112.....................................        33.54367      -119.14460
113.....................................        33.51161      -119.16367
------------------------------------------------------------------------

    8. Add Appendix B to subpart G to read as follows:

Appendix B to Subpart G of Part 922--Marine Reserve Boundaries

    [Coordinates listed in this Appendix are unprojected 
(Geographic) and based on the North American Datum of 1983.]

Table B-1. Richardson Rock (San Miguel Island) Marine Reserve

    The Richardson Rock Marine Reserve boundary is defined by 
connecting in sequential order the coordinates provided in Table B-
1.

------------------------------------------------------------------------
            Point                   Latitude             Longitude
------------------------------------------------------------------------
1............................  34.17333[deg] N     -120.47000[deg] W
2............................  34.17333[deg] N     -120.60483[deg] W
3............................  34.03685[deg] N     -120.60483[deg] W
4............................  34.03685[deg] N     -120.47000[deg] W
------------------------------------------------------------------------

Table B-2. Harris Point (San Miguel Island) Marine Reserve

    The Harris Point Marine Reserve (Harris Point) boundary is 
defined by NOAA's MHWL along San Miguel Island, the coordinates 
provided in Table B-2, and the following textual description.
    The Harris Point boundary extends from Point 1 to Point 2 along 
a straight line. It then extends along a straight line from Point 2 
to the MHWL along San Miguel Island where a line defined by 
connecting Point 2 and Point 3 with a straight line intersects the 
MHWL. The boundary follows the MWHL northwestward until it 
intersects the line defined by connecting Point 4 and Point 5 with a 
straight line. At that intersection, the boundary extends from the 
MHWL northwestward along a straight line toward Point 5 until it 
again intersects the MWHL. At that intersection, the boundary 
follows the MWHL northwestward and then southwestward until it 
intersects the straight line connecting Point 6 and Point 7. At that 
intersection, the boundary extends from the MHWL along a straight 
line to Point 7.

------------------------------------------------------------------------
            Point                   Latitude             Longitude
------------------------------------------------------------------------
1............................  34.05170[deg] N     -120.38830[deg] W
2............................  34.20492[deg] N     -120.38830[deg] W
3............................  34.20492[deg] N     -120.30670[deg] W
4............................  34.03000[deg] N     -120.30670[deg] W
5............................  34.04830[deg] N     -120.33670[deg] W
6............................  34.05830[deg] N     -120.35500[deg] W
7............................  34.05170[deg] N     -120.38830[deg] W
------------------------------------------------------------------------

Table B-3. Judith Rock (San Miguel Island) Marine Reserve

    The Judith Rock Marine Reserve (Judith Rock) boundary is defined 
by NOAA's MHWL along San Miguel Island, the coordinates provided in 
Table B-3, and the following textual description.
    The Judith Rock boundary extends from Point 1 to Point 2 along a 
straight line. It then extends along a straight line from Point 2 to 
the MHWL along San Miguel Island where a line defined by connecting 
Point 2 and Point 3 with a straight line intersects the MHWL. The 
boundary follows the MWHL eastward until it intersects the line 
defined by connecting Point 4 and Point 5 with a straight line. At 
that intersection, the boundary then extends from the MHWL to Point 
5 along a straight line.

------------------------------------------------------------------------
            Point                   Latitude             Longitude
------------------------------------------------------------------------
1............................  34.03000[deg] N     -120.44330[deg] W
2............................  33.97500[deg] N     -120.44330[deg] W
3............................  33.97500[deg] N     -120.42170[deg] W
4............................  34.02500[deg] N     -120.42170[deg] W
5............................  34.03000[deg] N     -120.44330[deg] W
------------------------------------------------------------------------

Table B-4. Carrington Point (Santa Rosa Island) Marine Reserve

    The Carrington Point Marine Reserve (Carrington Point) boundary 
is defined by NOAA's MHWL along Santa Rosa Island, the coordinates 
provided in Table B-4, and the following textual description.
    The Carrington Point boundary extends from Point 1 to Point 2 
along a straight line. It then extends along a straight line from 
Point 2 to the MHWL along Santa Rosa Island where a line defined by 
connecting Point 2 and Point 3 with a straight line intersects the 
MHWL. The boundary follows the MWHL northward and then westward 
until it intersects the line defined by connecting Point 4 and Point 
5 with a straight line. At that intersection, the boundary extends 
from the MHWL to Point 5 along a straight line. The boundary then 
extends from Point 5 to Point 6 along a straight line.

------------------------------------------------------------------------
            Point                   Latitude             Longitude
------------------------------------------------------------------------
1............................  34.02170[deg] N     -120.08670[deg] W
2............................  34.06670[deg] N     -120.08670[deg] W
3............................  34.06670[deg] N     -120.01670[deg] W
4............................  34.00830[deg] N     -120.01670[deg] W
5............................  34.00830[deg] N     -120.04670[deg] W
6............................  34.02170[deg] N     -120.08670[deg] W
------------------------------------------------------------------------

Table B-5. Skunk Point (Santa Rosa Island) Marine Reserve

    The Skunk Point Marine Reserve (Skunk Point) boundary is defined 
by NOAA's MHWL along Santa Rosa Island, the coordinates provided in 
Table B-5, and the following textual description.
    The Skunk Point boundary extends from Point 1 to Point 2 along a 
straight line. It then extends along a straight line from Point 2 to 
the MHWL along Santa Rosa Island where a line defined by connecting 
Po