Gulf of the Farallones and Monterey Bay National Marine Sanctuaries Regulations on Introduced Species, 17073-17077 [2014-06504]
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17073
Proposed Rules
Federal Register
Vol. 79, No. 59
Thursday, March 27, 2014
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 922
[Docket No. 120809321–3716–02]
RIN 0648–BC26
Gulf of the Farallones and Monterey
Bay National Marine Sanctuaries
Regulations on Introduced Species
Office of National Marine
Sanctuaries (ONMS), National Oceanic
and Atmospheric Administration
(NOAA), Department of Commerce
(DOC).
ACTION: Amendment to proposed rule;
request for comments.
AGENCY:
On March 18, 2013 (78 FR
16622), NOAA proposed to prohibit the
introduction of introduced species into
the state waters of Gulf of the Farallones
and Monterey Bay national marine
sanctuaries (GFNMS and MBNMS,
respectively). The proposed prohibition
included exceptions for the catch and
release of striped bass and for
introduced species as part of
mariculture activities in the Tomales
Bay region of GFNMS (the only
geographic area within sanctuaries
offshore of California where mariculture
occurs). NOAA is now amending the
March 2013 proposed rule to allow
GFNMS and MBNMS to authorize
certain introduced species of shellfish
from commercial mariculture projects in
all state waters of the sanctuaries.
DATES: Comments on this proposed rule
will be accepted on or before April 11,
2014.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NOS–2012–0113, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NOS-20120113, click the ‘‘Comment Now!’’ icon,
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SUMMARY:
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complete the required fields and enter
or attach your comments.
• Mail: Dave Lott, Regional
Operations Coordinator, West Coast
Region, Office of National Marine
Sanctuaries, 99 Pacific Street, STE100F,
Monterey, CA 93940.
Instructions: This is a re-opening of
the comment period for this docket.
Comments must be submitted by one of
the above methods to ensure that
comments are received, documented,
and considered by ONMS. Comments
sent by any other method, to any other
address or individual, or received after
the end of the comment period, may not
be considered. All comments received
are a part of the public record and will
generally be posted for public viewing
on www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.) submitted
voluntarily by the sender will be
publicly accessible. Do not submit
confidential business information, or
otherwise sensitive or protected
information. ONMS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word or Excel, WordPerfect, or Adobe
PDF file formats only.
You may obtain copies of the original
final environmental impact statement,
record of decision, or other related
documents through the following Web
site: https://sanctuaries.noaa.gov/
jointplan.
FOR FURTHER INFORMATION CONTACT:
Dave Lott, Regional Operations
Coordinator, West Coast Region, Office
of National Marine Sanctuaries, 99
Pacific Street, STE 100F, Monterey, CA
93940. (831) 647–1920.
SUPPLEMENTARY INFORMATION:
I. Background
On November 20, 2008, NOAA issued
a final rule associated with the Joint
Management Plan Review (JMPR) of
GFNMS, MBNMS, and Cordell Bank
NMS (73 FR 70488). Among other
things, the rule prohibited the
introduction of introduced species
within or into both the federal and state
waters of GFNMS and MBNMS, except
for the catch and release of striped bass
in both sanctuaries and from existing
commercial mariculture activities
within the Tomales Bay region of
GFNMS. In December 2008, the then-
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Governor of California, acting pursuant
to the National Marine Sanctuaries Act,
objected to these introduced species
regulations for the state waters portions
of GFNMS and MBNMS. As a result of
that objection, NOAA’s prohibitions on
introduced species are limited to the
federal waters of MBNMS and GFNMS.
On March 18, 2013, following
discussions with the State of California,
NOAA re-proposed the prohibition on
the introduction of introduced species
within or into the state waters of
GFNMS and MBNMS to provide
regulatory consistency across the four
national marine sanctuaries offshore
California (78 FR 16622). The proposal
would maintain exceptions for the catch
and release of striped bass and for statepermitted commercial mariculture
activities in Tomales Bay. A 60-day
comment period on the proposed rule
closed on May 17, 2013. (Note: MBNMS
regulations use the term ‘‘aquaculture’’
and GFNMS regulations use the term
‘‘mariculture’’ to refer to the same
activity; accordingly, both of these terms
are used in this notice of amended
proposed rulemaking.)
NOAA received comments from both
the California Department of Fish and
Wildlife (CDFW) and aquaculture
industry raising concerns that ONMS’s
broad definition of ‘‘introduced species’’
does not recognize that a number of
introduced species of shellfish have
been cultivated for over 100 years
within sanctuary waters of Tomales Bay
without adverse impacts to native
resources. The Final Environmental
Impact Statement for the 2008 Joint
Management Plan Review recognized
that non-native oyster species cultivated
in Tomales Bay had not spread outside
the mariculture areas. Both the CDFW
and aquaculture industry also
commented that the proposed regulation
did not allow NOAA to consider
potential future permit requests from
the industry for cultivation of such
species. The state believed that if NOAA
exercised the authority to permit such
operations, in close cooperation and
collaboration with state resource
management agencies—CDFW,
California Fish and Game Commission
(CFGC), and California Coastal
Commission (CCC)—this would allow
aquaculture operators and the state to
demonstrate that expanding existing or
developing new shellfish aquaculture
operations involving introduced species
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of shellfish that are non-invasive would
not harm sanctuary resources. Both
CDFW and the aquaculture industry
also expressed the view that this
approach would be more consistent
with Executive Order 13112 on the
management of introduced species.
Through this amended notice of
proposed rulemaking, NOAA is
proposing to allow MBNMS and
GFNMS to authorize state permits or
leases for commercial mariculture
projects in state waters involving
introduced species of shellfish that the
state management agencies and NOAA
have determined are non-invasive and
would not have significant adverse
impacts to sanctuary resources or
qualities. State agencies agree with
NOAA that introduced species should
be managed uniformly throughout the
two sanctuaries.
Currently, the introduction of
introduced species is prohibited in the
federal waters of GFNMS. As amended,
this proposed rule would extend the
prohibition into the state waters of the
sanctuary, including Tomales Bay.
However, existing State-permitted
commercial mariculture operations in
Tomales Bay would not be subject to
this regulation unless they seek a
modification (e.g., changes to the
species of cultivated shellfish or new
areas for cultivation). For a new
introduced species aquaculture
operation, any such proposal after the
effective date of these regulations would
require a sanctuary authorization.
Therefore, all existing commercial
mariculture operations in Tomales Bay
that have a valid lease or permit from
the State as of May 1, 2014, would
remain exempt from the prohibition on
the introduction of introduced species
and would not require a sanctuary
authorization. However, a state permit,
license or other authorization issued
after May 1, 2014, to expand or
otherwise modify an existing operation
in Tomales Bay would need to be
authorized by NOAA.
The Final EIS for the 2008 JMPR
analyzed the effects of prohibiting the
introduction of introduced species in
the sanctuaries, including exempting
the twelve state leases for commercial
mariculture activities in Tomales Bay
that were active at that time. The FEIS
further stated that renewals of the state
leases that did not increase the types of
introduced species being cultivated or
expand the area under cultivation
would remain exempt. However, any
new lease agreements would be subject
to the prohibition. Therefore, the
changes in this amended proposed rule
do not change the environmental impact
analysis as was described in the Final
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EIS—no increase in the environmental
impact from introduced shellfish
species under cultivation. Requests for
authorizations from NOAA to modify
existing operations would be reviewed
for environmental impacts on a case-bycase basis. The regulations defining the
ONMS authorization authority are
found at 15 CFR 922.49.
NOAA would enter into a MOA with
the State of California to define the role
of various state agencies—CDFW, CFGC,
CCC—working in collaboration with
ONMS to consider whether an
introduced species of shellfish could be
considered non-invasive and possibly
allowed to be cultivated in the
sanctuary via an ONMS authorization of
a state lease. State agencies would take
the lead in determining whether an
introduced species of shellfish is noninvasive but would consult with NOAA
early in the process to ultimately reach
a joint decision.
This proposed, limited authorization
authority for commercial, shellfish
mariculture activities occurring in state
waters of GFNMS, in combination with
the MOA with the State of California,
would formalize the consultation
requirements for any new or amended
permit decision in state waters of
GFNMS. This would provide significant
protection to GFNMS from introduced
species of shellfish while minimizing
economic impacts to local mariculture
businesses.
NOAA’s proposed rule as published
on March 18, 2013 (78 FR 16622),
would have exempted all mariculture
projects in Tomales Bay, yet would have
involved extensive consultation
between state agencies and NOAA
through the MOA to address new or
expanded projects in Tomales Bay. As
now proposed here, NOAA
authorizations would also include the
same consultative process, and would
impose little to no additional permitting
delays following State action to approve
leases and permits. ONMS regulations,
along with the MOA, would describe a
process for administrative appeals of
any ONMS permit decision.
IV. Summary of the Revisions to
GFNMS Regulations
This rule would provide GFNMS the
ability to consider and authorize new or
amended existing operations of
commercial mariculture activities in
state waters involving certain
introduced species of shellfish that are
determined to be non-invasive,
including in Tomales Bay. Existing
regulations regarding sanctuary
authorization authority at § 922.49
would be modified to include subpart H
for GFNMS-specific regulations. NOAA
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would also modify the exemption at
§ 922.82 to specify that commercial
cultivation of introduced species of
shellfish in Tomales Bay conducted
pursuant to state leases in effect on May
1, 2014, would remain exempt from the
prohibition. In § 922.82, NOAA would
also add a subparagraph (d) that
specifies that GFNMS could authorize
the introduction of introduced species
of shellfish that have been determined
by the State of California and NOAA to
be non-invasive and would not cause
significant adverse effects on sanctuary
resources or qualities. NOAA is seeking
comment on whether such authority
should be included in GFNMS
regulations should an acceptable project
in state waters be proposed in the future
involving commercial aquaculture of
introduced shellfish species that are
non-invasive.
V. Summary of the Revisions to
MBNMS Regulations
For the same reasons, MBNMS
regulations would be modified to allow
authorization of a valid permit, license
or other authorization issued by the
State of California for commercial
shellfish aquaculture activities
conducted in state waters of MBNMS
involving introduced species of
shellfish that NOAA and the State have
determined to be non-invasive and
would not cause significant adverse
effects on sanctuary resources or
qualities. MBNMS regulations already
allow State of California permits to be
authorized for certain activities that are
otherwise prohibited in the sanctuary.
This proposed rule would allow the
Director to authorize state permits
involving the introduction of an
introduced species as described above.
NOAA is specifically seeking comment
on whether such authority should be
included in MBNMS regulations if a
commercial aquaculture project is
proposed in state waters of the
sanctuary involving introduced shellfish
species that are non-invasive.
VI. Miscellaneous Rulemaking
Requirements
A. National Marine Sanctuaries Act
Section 301 of the NMSA (16 U.S.C.
1434) provides authority for
comprehensive and coordinated
conservation and management of
national marine sanctuaries in
coordination with other resource
management authorities. When
changing a term of designation of a
National Marine Sanctuary, section 304
of the NMSA requires the preparation of
a draft environmental impact statement
(DEIS), as provided by the National
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Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and that the DEIS
be made available to the public. NOAA
prepared a draft and final management
plan and a draft and final EIS on the
initial proposal and final rule for the
Joint Management Plan Review (JMPR).
Copies are available at the address and
Web site listed in the Address section of
this proposed rule. Responses to
comments received on March 18, 2013
proposed rule and on this proposed
revision to the regulations will be
published in the preamble to the final
rule and discussed in the record of
decision. NOAA has made available the
2008 final environmental impact
statement (FEIS) for the JMPR that was
previously available to the public and
which analyzes the environmental
effects of the introduced species
regulations as they are now proposed in
this action.
B. National Environmental Policy Act
In the 2008 FEIS for the JMPR, NOAA
identified a preferred action which was
to modify the terms of designation and
regulations for GFNMS and MBNMS to,
among other things, prohibit the
introduction of introduced species (with
limited exceptions) throughout the
sanctuaries, and NOAA endorses that
action as re-proposed and as amended
in this notice of proposed rulemaking.
NOAA continues to propose regulations
that would not affect existing
mariculture projects in Tomales Bay
that are conducted pursuant to a valid
lease, permit, license or other
authorization issued by the State of
California as of May 1, 2014. Pursuant
to a memorandum of agreement that
would be executed, the state would
consult with NOAA prior to any new or
amended state-issued lease and permits.
In addition, through this action NOAA
would exercise limited authorization
authority with respect to commercial
mariculture activities in state waters of
the sanctuary involving cultivation of
introduced species of shellfish that
NOAA and the State have determined
are non-invasive and would not cause
significant adverse effects. NOAA
believes this is within the range of
alternatives considered in the FEIS, and
because there has not been a significant
change to the environmental conditions
or the potential environmental effects of
the preferred alternative, NOAA has
determined that a supplement to the
FEIS is not required for this proposed
action. Finally, any future proposal or
amendments to existing state leases for
a mariculture project involving
cultivation of non-invasive introduced
shellfish species would undergo
environmental review pursuant to
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NEPA on a case-by-case basis to
consider project-specific effects of that
action. NOAA may refuse to authorize a
project that would not comply with
terms or conditions required by NOAA.
15 CFR 922.49(a).
Copies of the FEIS and other related
materials that are specific to this action
are available at https://
sanctuaries.noaa.gov/jointplan/feis/
feis.html, or by contacting NOAA at the
address listed in the Addresses section
of this proposed rule. Comments
regarding the introduction of introduced
species portion of the original FEIS are
reopened for comment.
C. Executive Order 12866: Regulatory
Impact
This rule has been determined to be
not significant for purposes of Executive
Order 12866.
D. Executive Order 13132: Federalism
Assessment
NOAA has concluded that this
regulatory action falls within the
definition of ‘‘policies that have
federalism implications’’ within the
meaning of Executive Order 13132.
NOAA’s previous proposed rule and
subsequent withdrawal were conducted
in cooperation with the State of
California, and pursuant to Section
304(b) of the NMSA. Since the proposed
rule was issued on March 18, 2013,
further consultations have occurred
with the State of California, and the
proposed changes contained in this
notice reflect cooperative negotiations
reached in those consultations. It is
NOAA’s view that, due to these
negotiations, the state will not object to
the amended changes in this action. In
keeping with the intent of the Executive
Order, NOAA consulted with a number
of entities within the state which
participated in development of the
initial rule, including but not limited to,
the California Coastal Commission, the
California Department of Fish and
Wildlife, and the California Natural
Resources Agency.
E. Regulatory Flexibility Act
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration this rule
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
certification was discussed in the
proposed rule issued on March 18,
2013, and while the proposal has
changed, the conclusion remains the
same (78 FR 16622). The Chief Counsel
for Regulation of the Department of
Commerce certified to the Chief Counsel
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17075
for Advocacy of the Small Business
Administration that this rule would not
have a significant economic impact on
a substantial number of small entities.
The factual basis for this certification is
as follows:
Using the SBA’s Small Business Size
Standards, NOAA determined that the
small business concerns operating
within both of the sanctuaries include:
Commercial fishermen who vary in
number seasonally and annually from
approximately 300 to 500 boats; twelve
mariculture leaseholders in Tomales
Bay (in GFNMS); approximately 25
recreational charter fishing businesses;
and approximately seven recreational
charter businesses engaged in wildlife
viewing. The small organizations, as
defined under 5 U.S.C. 601(4), that
would be impacted by this rule include
approximately three small organizations
operating within the waters of GFNMS,
which include nongovernmental
organizations (NGOs) or non-profit
organizations (NPOs) dedicated to
environmental education, research,
restoration, and conservation
concerning marine and maritime
heritage resources. The small
governmental jurisdictions, as defined
under 5 U.S.C. 601(5), that would be
impacted by this rule are the Tomales
Bay settlements that are directly
adjacent to GFNMS.
The prohibition on releasing or
otherwise introducing from within or
into GFNMS and MBNMS an
introduced species is not expected to
significantly adversely impact small
entities because this activity is generally
not part of their business or operational
practices. As NOAA analyzed in more
detail in 2008, small entities whose
operational practices may include catch
and release of striped bass (Morone
saxatilis) (i.e., consumptive recreational
charter businesses), would not be
affected because the prohibition would
not apply to the catch and release of this
fish species already present in the
sanctuaries. In fact, the prohibition
against introduced species may result in
indirect benefits for certain small
entities since their activities could
potentially be negatively impacted by
the spread of introduced species, which
can severely affect populations of
endangered species, native species
diversity, and the composition and
resilience of natural biological
communities. Introduced species pose a
major economic and environmental
threat to the living resources and
habitats of a sanctuary as well as the
commercial and recreational uses that
depend on these resources. Preventing
their introduction will therefore help
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small entities by preventing such
detrimental impacts.
The proposed prohibition will not
impact aquaculture leaseholders located
adjacent to GFNMS. Existing
leaseholders operating in Tomales Bay
are excepted from the introduced
species prohibition if they have active
lease agreements from the State of
California for commercial cultivation of
introduced species of shellfish in
Tomales Bay and in effect as of May 1,
2014. Under the revisions as described
in this proposed rule, additional permits
could be authorized for the introduction
of introduced species of shellfish that
have been determined by the State of
California and NOAA to be non-invasive
and that would not cause significant
adverse effects on sanctuary resources
or qualities. Pursuant to a memorandum
of agreement, the State of California
would consult with NOAA prior to
issuing any new leases or permits for
commercial cultivation of introduced
species of shellfish in Tomales Bay.
This prohibition would not put any
current operations out of business,
because they would not need to change
anything about their current procedures
to continue in their operations, if their
leases are in effect on May 1, 2014.
Comments received on the economic
impacts of this proposed rule will be
summarized and responded to in the
final rule. As a result of this assessment,
a regulatory flexibility analysis was not
required and none was prepared.
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F. Paperwork Reduction Act
This proposed rule does not contain
information collections that are subject
to the requirements of the Paperwork
Reduction Act. 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.
VII. Request for Comments
NOAA requests comments on this
proposed rule, which amends the
currently pending proposed rule
published on March 18, 2013 (78 FR
16622). NOAA re-opens the docket
NOAA–NOS–2012–0113 for comment
for fifteen (15) days after publication of
this notice.
List of Subjects in 15 CFR Part 922
Administrative practice and
procedure, Aquaculture, Catch and
release, Environmental protection, Fish,
Harbors, Introduced species,
Mariculture, Marine pollution, Marine
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resources, Natural resources, Noninvasive, Penalties, Recreation and
recreation areas, Research, Water
pollution control, Water resources,
Wildlife.
Dated: March 19, 2014.
Holly A. Bamford,
Assistant Administrator, National Ocean
Service, National Oceanic and Atmospheric
Administration.
Accordingly, for the reasons set forth
above, 15 CFR part 922 is proposed to
be amended as follows:
PART 922—[AMENDED]
1. The authority citation for part 922
continues to read as follows:
■
Authority: 16 U.S.C. 1431 et seq.
2. In § 922.49, revise the introductory
text of paragraph (a), and paragraphs (b)
and (c) to read as follows:
■
§ 922.49 Notification and review of
applications for leases, licenses, permits,
approvals, or other authorizations to
conduct a prohibited activity.
(a) A person may conduct an activity
prohibited by: subpart H; subparts L
through P; or subpart R, if such activity
is specifically authorized by any valid
Federal, State, or local lease, permit,
license, approval, or other authorization
issued after the effective date of
Sanctuary designation, or in the case of
the Florida Keys National Marine
Sanctuary after the effective date of the
regulations in subpart P, provided that:
*
*
*
*
*
(b) Any potential applicant for an
authorization described in paragraph (a)
of this section may request the Director
to issue a finding as to whether the
activity for which an application is
intended to be made is prohibited by
subpart H as appropriate, or subparts L
through P, or subpart R, as appropriate.
(c) Notification of filings of
applications should be sent to the
Director, Office of National Marine
Sanctuaries at the address specified in
subpart H as appropriate, or subparts L
through P, or subpart R, as appropriate.
A copy of the application must
accompany the notification.
*
*
*
*
*
■ 3. In § 922.50, revise paragraph (a)(1)
to read as follows:
§ 922.50
Appeals of administrative action.
(a)(1) Except for permit actions taken
for enforcement reasons (see subpart D
of 15 CFR part 904 for applicable
procedures), an applicant for, or a
holder of, a National Marine Sanctuary
permit; an applicant for, or a holder of,
a Special Use permit issued pursuant to
section 310 of the Act; a person
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requesting certification of an existing
lease, permit, license or right of
subsistence use or access under
§ 922.47; or, for those Sanctuaries
described in subpart H, subparts L
through P, and subpart R, an applicant
for a lease, permit, license or other
authorization issued by any Federal,
State, or local authority of competent
jurisdiction (hereinafter appellant) may
appeal to the Assistant Administrator.
*
*
*
*
*
■ 3a. In § 922.82, revise paragraph
(a)(10) to read as follows:
§ 922.82 Prohibited or otherwise regulated
activities.
(a) * * *
(10) Introducing or otherwise
releasing from within or into the
Sanctuary an introduced species,
except:
(i) Striped bass (Morone saxatilis)
released during catch and release
fishing activity; or
(ii) Introduced species of shellfish
cultivated by commercial mariculture
activities in Tomales Bay pursuant to a
valid lease, permit, license or other
authorization in effect on May 1, 2014
issued by the State of California.
*
*
*
*
*
■ 4. In § 922.82 add paragraph (d) to
read as follows:
§ 922.82 Prohibited or otherwise regulated
activities.
*
*
*
*
*
(d) The prohibition in paragraph
(a)(10) of this section does not apply to
the introduction of any introduced
species of shellfish that does not cause
significant adverse effects to sanctuary
resources or qualities and is noninvasive as determined by NOAA and
the State of California, and is cultivated
in state waters as part of commercial
shellfish mariculture activities
conducted pursuant to a valid lease,
permit, license or other authorization
issued by the State of California
provided that the applicant complies
with 15 CFR 922.49, the Director
notifies the applicant and authorizing
agency that he or she does not object to
issuance of the authorization, and the
applicant complies with any terms and
conditions the Director deems necessary
to protect Sanctuary resources and
qualities. Amendments, renewals, and
extensions of State leases or permits in
existence on May 1, 2014 require an
authorization that must comply with
this paragraph.
*
*
*
*
*
■ 5. Revise paragraph (e) of § 922.132 to
read as follows:
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§ 922.132 Prohibited or otherwise
regulated activities.
DATES:
*
ADDRESSES:
Comments are due April 28,
2014.
*
*
*
*
(e) The prohibitions in paragraphs
(a)(2) through (a)(8) of this section, and
(a)(12) of this section regarding any
introduced species of shellfish that does
not cause significant adverse effects to
sanctuary resources or qualities and is
non-invasive as determined by NOAA
and the State of California, and that is
cultivated in state waters as part of
commercial shellfish aquaculture
activities, do not apply to any activity
authorized by any lease, permit, license,
approval, or other authorization issued
after the effective date of Sanctuary
designation (January 1, 1993) and issued
by any Federal, State, or local authority
of competent jurisdiction, provided that
the applicant complies with 15 CFR
922.49, the Director notifies the
applicant and authorizing agency that
he or she does not object to issuance of
the authorization, and the applicant
complies with any terms and conditions
the Director deems necessary to protect
Sanctuary resources and qualities.
Amendments, renewals, and extensions
of authorizations in existence on the
effective date of designation constitute
authorizations issued after the effective
date of Sanctuary designation.
[FR Doc. 2014–06504 Filed 3–26–14; 8:45 am]
BILLING CODE 3510–NK–P
Comments, identified by
docket number, may be filed in the
following ways:
• Electronic Filing through https://
www.ferc.gov. Documents created
electronically using word processing
software should be filed in native
applications or print-to-PDF format and
not in a scanned format.
• Mail/Hand Delivery: Those unable
to file electronically may mail or handdeliver comments to: Federal Energy
Regulatory Commission, Secretary of the
Commission, 888 First Street NE.,
Washington, DC 20426.
Instructions: For detailed instructions
on submitting comments and additional
information on the rulemaking process,
see the Comment Procedures Section of
this document.
FOR FURTHER INFORMATION CONTACT:
Syed Ahmad (Technical Information),
Office of Electric Reliability, Federal
Energy Regulatory Commission, 888
First Street NE., Washington, DC
20426, (202) 502–8718,
syed.ahmad@ferc.gov.
Julie Greenisen (Legal Information),
Office of the General Counsel, Federal
Energy Regulatory Commission, 888
First Street NE., Washington, DC
20426, (202) 502–6362,
julie.greenisen@ferc.gov.
SUPPLEMENTARY INFORMATION:
146 FERC ¶ 61,189
Before Commissioners: Cheryl A. LaFleur,
Acting Chairman; Philip D. Moeller, John
R. Norris, and Tony Clark.
(Issued March 20, 2014)
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 40
[Docket No. RM13–19–000, RM14–3–000]
Generator Relay Loadability and
Revised Transmission Relay
Loadability Reliability Standards
Federal Energy Regulatory
Commission.
ACTION: Notice of proposed rulemaking.
AGENCY:
Pursuant to section 215 of the
Federal Power Act, the Commission
proposes to approve a new Reliability
Standard, PRC–025–1 (Generator Relay
Loadability), submitted by the North
American Electric Reliability
Corporation (NERC), the Commissionapproved Electric Reliability
Organization. In addition, the
Commission proposes to approve
Reliability Standard PRC–023–3
(Transmission Relay Loadability), also
submitted by NERC, which revises a
currently-effective standard pertaining
to transmission relay loadability.
sroberts on DSK5SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:58 Mar 26, 2014
Jkt 232001
1. Pursuant to section 215 of the
Federal Power Act (FPA),1 the
Commission proposes to approve a new
Reliability Standard, PRC–025–1
(Generator Relay Loadability), submitted
by the North American Electric
Reliability Corporation (NERC). In
addition, the Commission proposes to
approve Reliability Standard PRC–023–
3 (Transmission Relay Loadability), also
submitted by NERC, which revises a
currently-effective standard pertaining
to transmission relay loadability.
2. NERC developed proposed
Reliability Standard PRC–025–1 in
response to certain Commission
directives issued in Order No. 733,2 in
which the Commission approved an
initial version of a Reliability Standard
governing transmission relay
1 16
U.S.C. 824o (2012).
Relay Loadability Reliability
Standard, Order No. 733, 130 FERC ¶ 61,221 (2010)
(Order No. 733); order on reh’g and clarification,
Order No. 733–A, 134 FERC ¶ 61,127; clarified,
Order No. 733–B, 136 FERC ¶ 61,185 (2011).
2 Transmission
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
17077
loadability. We believe that the
proposed new standard on generator
relay loadability, Reliability Standard
PRC–025–1, will serve to enhance
reliability by imposing mandatory
requirements governing generator relay
loadability, thereby reducing the
likelihood of premature or unnecessary
tripping of generators during system
disturbances. In addition, we believe
that the proposed revisions to PRC–023–
2 are appropriate in that they clarify the
applicability of the two standards
governing relay loadability (PRC–025–1
and PRC–023–3), and prevent potential
compliance overlap due to
inconsistencies. Finally, we propose to
approve the violation risk factors and
violation severity levels as proposed for
PRC–025–1, as well as the proposed
implementation plans for the two
standards.
I. Background
A. Regulatory Background
3. Section 215 of the FPA requires a
Commission-certified Electric
Reliability Organization (ERO) to
develop mandatory and enforceable
Reliability Standards, subject to
Commission review and approval.3
Once approved, the Reliability
Standards may be enforced by the ERO
subject to Commission oversight, or by
the Commission independently.4 In
2006, the Commission certified NERC as
the ERO pursuant to FPA section 215.5
B. Relay Protection Systems
4. Protective relays are devices that
detect and initiate the removal of faults
on an electric system.6 They are
designed to read electrical
measurements, such as current, voltage,
and frequency, and can be set to
recognize certain measurements as
indicating a fault. When a protective
relay detects a fault on an element of the
system under its protection, it sends a
signal to an interrupting device, such as
a circuit breaker, to disconnect the
element from the rest of the system.
Impedance relays, which are the most
common type of relays used to protect
transmission lines, continuously
measure voltage and current on the
protected transmission line and operate
when the measured magnitude and
3 16
U.S.C. 824o(c) and (d).
id. at 824o(e).
5 North American Electric Reliability Corp., 116
FERC ¶ 61,062, order on reh’g & compliance, 117
FERC ¶ 61,126 (2006), aff’d sub nom., Alcoa, Inc.
v. FERC, 564 F.3d 1342 (D.C. Cir. 2009).
6 A ‘‘fault’’ is defined in the NERC Glossary of
Terms used in Reliability Standards as ‘‘[a]n event
occurring on an electric system such as a short
circuit, a broken wire, or an intermittent
connection.’’
4 See
E:\FR\FM\27MRP1.SGM
27MRP1
Agencies
[Federal Register Volume 79, Number 59 (Thursday, March 27, 2014)]
[Proposed Rules]
[Pages 17073-17077]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06504]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 /
Proposed Rules
[[Page 17073]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 922
[Docket No. 120809321-3716-02]
RIN 0648-BC26
Gulf of the Farallones and Monterey Bay National Marine
Sanctuaries Regulations on Introduced Species
AGENCY: Office of National Marine Sanctuaries (ONMS), National Oceanic
and Atmospheric Administration (NOAA), Department of Commerce (DOC).
ACTION: Amendment to proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: On March 18, 2013 (78 FR 16622), NOAA proposed to prohibit the
introduction of introduced species into the state waters of Gulf of the
Farallones and Monterey Bay national marine sanctuaries (GFNMS and
MBNMS, respectively). The proposed prohibition included exceptions for
the catch and release of striped bass and for introduced species as
part of mariculture activities in the Tomales Bay region of GFNMS (the
only geographic area within sanctuaries offshore of California where
mariculture occurs). NOAA is now amending the March 2013 proposed rule
to allow GFNMS and MBNMS to authorize certain introduced species of
shellfish from commercial mariculture projects in all state waters of
the sanctuaries.
DATES: Comments on this proposed rule will be accepted on or before
April 11, 2014.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NOS-2012-0113, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NOS-2012-0113, click the
``Comment Now!'' icon, complete the required fields and enter or attach
your comments.
Mail: Dave Lott, Regional Operations Coordinator, West
Coast Region, Office of National Marine Sanctuaries, 99 Pacific Street,
STE100F, Monterey, CA 93940.
Instructions: This is a re-opening of the comment period for this
docket. Comments must be submitted by one of the above methods to
ensure that comments are received, documented, and considered by ONMS.
Comments sent by any other method, to any other address or individual,
or received after the end of the comment period, may not be considered.
All comments received are a part of the public record and will
generally be posted for public viewing on www.regulations.gov without
change. All personal identifying information (e.g., name, address,
etc.) submitted voluntarily by the sender will be publicly accessible.
Do not submit confidential business information, or otherwise sensitive
or protected information. ONMS will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
Attachments to electronic comments will be accepted in Microsoft Word
or Excel, WordPerfect, or Adobe PDF file formats only.
You may obtain copies of the original final environmental impact
statement, record of decision, or other related documents through the
following Web site: https://sanctuaries.noaa.gov/jointplan.
FOR FURTHER INFORMATION CONTACT: Dave Lott, Regional Operations
Coordinator, West Coast Region, Office of National Marine Sanctuaries,
99 Pacific Street, STE 100F, Monterey, CA 93940. (831) 647-1920.
SUPPLEMENTARY INFORMATION:
I. Background
On November 20, 2008, NOAA issued a final rule associated with the
Joint Management Plan Review (JMPR) of GFNMS, MBNMS, and Cordell Bank
NMS (73 FR 70488). Among other things, the rule prohibited the
introduction of introduced species within or into both the federal and
state waters of GFNMS and MBNMS, except for the catch and release of
striped bass in both sanctuaries and from existing commercial
mariculture activities within the Tomales Bay region of GFNMS. In
December 2008, the then-Governor of California, acting pursuant to the
National Marine Sanctuaries Act, objected to these introduced species
regulations for the state waters portions of GFNMS and MBNMS. As a
result of that objection, NOAA's prohibitions on introduced species are
limited to the federal waters of MBNMS and GFNMS.
On March 18, 2013, following discussions with the State of
California, NOAA re-proposed the prohibition on the introduction of
introduced species within or into the state waters of GFNMS and MBNMS
to provide regulatory consistency across the four national marine
sanctuaries offshore California (78 FR 16622). The proposal would
maintain exceptions for the catch and release of striped bass and for
state-permitted commercial mariculture activities in Tomales Bay. A 60-
day comment period on the proposed rule closed on May 17, 2013. (Note:
MBNMS regulations use the term ``aquaculture'' and GFNMS regulations
use the term ``mariculture'' to refer to the same activity;
accordingly, both of these terms are used in this notice of amended
proposed rulemaking.)
NOAA received comments from both the California Department of Fish
and Wildlife (CDFW) and aquaculture industry raising concerns that
ONMS's broad definition of ``introduced species'' does not recognize
that a number of introduced species of shellfish have been cultivated
for over 100 years within sanctuary waters of Tomales Bay without
adverse impacts to native resources. The Final Environmental Impact
Statement for the 2008 Joint Management Plan Review recognized that
non-native oyster species cultivated in Tomales Bay had not spread
outside the mariculture areas. Both the CDFW and aquaculture industry
also commented that the proposed regulation did not allow NOAA to
consider potential future permit requests from the industry for
cultivation of such species. The state believed that if NOAA exercised
the authority to permit such operations, in close cooperation and
collaboration with state resource management agencies--CDFW, California
Fish and Game Commission (CFGC), and California Coastal Commission
(CCC)--this would allow aquaculture operators and the state to
demonstrate that expanding existing or developing new shellfish
aquaculture operations involving introduced species
[[Page 17074]]
of shellfish that are non-invasive would not harm sanctuary resources.
Both CDFW and the aquaculture industry also expressed the view that
this approach would be more consistent with Executive Order 13112 on
the management of introduced species.
Through this amended notice of proposed rulemaking, NOAA is
proposing to allow MBNMS and GFNMS to authorize state permits or leases
for commercial mariculture projects in state waters involving
introduced species of shellfish that the state management agencies and
NOAA have determined are non-invasive and would not have significant
adverse impacts to sanctuary resources or qualities. State agencies
agree with NOAA that introduced species should be managed uniformly
throughout the two sanctuaries.
Currently, the introduction of introduced species is prohibited in
the federal waters of GFNMS. As amended, this proposed rule would
extend the prohibition into the state waters of the sanctuary,
including Tomales Bay. However, existing State-permitted commercial
mariculture operations in Tomales Bay would not be subject to this
regulation unless they seek a modification (e.g., changes to the
species of cultivated shellfish or new areas for cultivation). For a
new introduced species aquaculture operation, any such proposal after
the effective date of these regulations would require a sanctuary
authorization. Therefore, all existing commercial mariculture
operations in Tomales Bay that have a valid lease or permit from the
State as of May 1, 2014, would remain exempt from the prohibition on
the introduction of introduced species and would not require a
sanctuary authorization. However, a state permit, license or other
authorization issued after May 1, 2014, to expand or otherwise modify
an existing operation in Tomales Bay would need to be authorized by
NOAA.
The Final EIS for the 2008 JMPR analyzed the effects of prohibiting
the introduction of introduced species in the sanctuaries, including
exempting the twelve state leases for commercial mariculture activities
in Tomales Bay that were active at that time. The FEIS further stated
that renewals of the state leases that did not increase the types of
introduced species being cultivated or expand the area under
cultivation would remain exempt. However, any new lease agreements
would be subject to the prohibition. Therefore, the changes in this
amended proposed rule do not change the environmental impact analysis
as was described in the Final EIS--no increase in the environmental
impact from introduced shellfish species under cultivation. Requests
for authorizations from NOAA to modify existing operations would be
reviewed for environmental impacts on a case-by-case basis. The
regulations defining the ONMS authorization authority are found at 15
CFR 922.49.
NOAA would enter into a MOA with the State of California to define
the role of various state agencies--CDFW, CFGC, CCC--working in
collaboration with ONMS to consider whether an introduced species of
shellfish could be considered non-invasive and possibly allowed to be
cultivated in the sanctuary via an ONMS authorization of a state lease.
State agencies would take the lead in determining whether an introduced
species of shellfish is non-invasive but would consult with NOAA early
in the process to ultimately reach a joint decision.
This proposed, limited authorization authority for commercial,
shellfish mariculture activities occurring in state waters of GFNMS, in
combination with the MOA with the State of California, would formalize
the consultation requirements for any new or amended permit decision in
state waters of GFNMS. This would provide significant protection to
GFNMS from introduced species of shellfish while minimizing economic
impacts to local mariculture businesses.
NOAA's proposed rule as published on March 18, 2013 (78 FR 16622),
would have exempted all mariculture projects in Tomales Bay, yet would
have involved extensive consultation between state agencies and NOAA
through the MOA to address new or expanded projects in Tomales Bay. As
now proposed here, NOAA authorizations would also include the same
consultative process, and would impose little to no additional
permitting delays following State action to approve leases and permits.
ONMS regulations, along with the MOA, would describe a process for
administrative appeals of any ONMS permit decision.
IV. Summary of the Revisions to GFNMS Regulations
This rule would provide GFNMS the ability to consider and authorize
new or amended existing operations of commercial mariculture activities
in state waters involving certain introduced species of shellfish that
are determined to be non-invasive, including in Tomales Bay. Existing
regulations regarding sanctuary authorization authority at Sec. 922.49
would be modified to include subpart H for GFNMS-specific regulations.
NOAA would also modify the exemption at Sec. 922.82 to specify that
commercial cultivation of introduced species of shellfish in Tomales
Bay conducted pursuant to state leases in effect on May 1, 2014, would
remain exempt from the prohibition. In Sec. 922.82, NOAA would also
add a subparagraph (d) that specifies that GFNMS could authorize the
introduction of introduced species of shellfish that have been
determined by the State of California and NOAA to be non-invasive and
would not cause significant adverse effects on sanctuary resources or
qualities. NOAA is seeking comment on whether such authority should be
included in GFNMS regulations should an acceptable project in state
waters be proposed in the future involving commercial aquaculture of
introduced shellfish species that are non-invasive.
V. Summary of the Revisions to MBNMS Regulations
For the same reasons, MBNMS regulations would be modified to allow
authorization of a valid permit, license or other authorization issued
by the State of California for commercial shellfish aquaculture
activities conducted in state waters of MBNMS involving introduced
species of shellfish that NOAA and the State have determined to be non-
invasive and would not cause significant adverse effects on sanctuary
resources or qualities. MBNMS regulations already allow State of
California permits to be authorized for certain activities that are
otherwise prohibited in the sanctuary. This proposed rule would allow
the Director to authorize state permits involving the introduction of
an introduced species as described above. NOAA is specifically seeking
comment on whether such authority should be included in MBNMS
regulations if a commercial aquaculture project is proposed in state
waters of the sanctuary involving introduced shellfish species that are
non-invasive.
VI. Miscellaneous Rulemaking Requirements
A. National Marine Sanctuaries Act
Section 301 of the NMSA (16 U.S.C. 1434) provides authority for
comprehensive and coordinated conservation and management of national
marine sanctuaries in coordination with other resource management
authorities. When changing a term of designation of a National Marine
Sanctuary, section 304 of the NMSA requires the preparation of a draft
environmental impact statement (DEIS), as provided by the National
[[Page 17075]]
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and that the
DEIS be made available to the public. NOAA prepared a draft and final
management plan and a draft and final EIS on the initial proposal and
final rule for the Joint Management Plan Review (JMPR). Copies are
available at the address and Web site listed in the Address section of
this proposed rule. Responses to comments received on March 18, 2013
proposed rule and on this proposed revision to the regulations will be
published in the preamble to the final rule and discussed in the record
of decision. NOAA has made available the 2008 final environmental
impact statement (FEIS) for the JMPR that was previously available to
the public and which analyzes the environmental effects of the
introduced species regulations as they are now proposed in this action.
B. National Environmental Policy Act
In the 2008 FEIS for the JMPR, NOAA identified a preferred action
which was to modify the terms of designation and regulations for GFNMS
and MBNMS to, among other things, prohibit the introduction of
introduced species (with limited exceptions) throughout the
sanctuaries, and NOAA endorses that action as re-proposed and as
amended in this notice of proposed rulemaking. NOAA continues to
propose regulations that would not affect existing mariculture projects
in Tomales Bay that are conducted pursuant to a valid lease, permit,
license or other authorization issued by the State of California as of
May 1, 2014. Pursuant to a memorandum of agreement that would be
executed, the state would consult with NOAA prior to any new or amended
state-issued lease and permits. In addition, through this action NOAA
would exercise limited authorization authority with respect to
commercial mariculture activities in state waters of the sanctuary
involving cultivation of introduced species of shellfish that NOAA and
the State have determined are non-invasive and would not cause
significant adverse effects. NOAA believes this is within the range of
alternatives considered in the FEIS, and because there has not been a
significant change to the environmental conditions or the potential
environmental effects of the preferred alternative, NOAA has determined
that a supplement to the FEIS is not required for this proposed action.
Finally, any future proposal or amendments to existing state leases for
a mariculture project involving cultivation of non-invasive introduced
shellfish species would undergo environmental review pursuant to NEPA
on a case-by-case basis to consider project-specific effects of that
action. NOAA may refuse to authorize a project that would not comply
with terms or conditions required by NOAA. 15 CFR 922.49(a).
Copies of the FEIS and other related materials that are specific to
this action are available at https://sanctuaries.noaa.gov/jointplan/feis/feis.html, or by contacting NOAA at the address listed in the
Addresses section of this proposed rule. Comments regarding the
introduction of introduced species portion of the original FEIS are
reopened for comment.
C. Executive Order 12866: Regulatory Impact
This rule has been determined to be not significant for purposes of
Executive Order 12866.
D. Executive Order 13132: Federalism Assessment
NOAA has concluded that this regulatory action falls within the
definition of ``policies that have federalism implications'' within the
meaning of Executive Order 13132. NOAA's previous proposed rule and
subsequent withdrawal were conducted in cooperation with the State of
California, and pursuant to Section 304(b) of the NMSA. Since the
proposed rule was issued on March 18, 2013, further consultations have
occurred with the State of California, and the proposed changes
contained in this notice reflect cooperative negotiations reached in
those consultations. It is NOAA's view that, due to these negotiations,
the state will not object to the amended changes in this action. In
keeping with the intent of the Executive Order, NOAA consulted with a
number of entities within the state which participated in development
of the initial rule, including but not limited to, the California
Coastal Commission, the California Department of Fish and Wildlife, and
the California Natural Resources Agency.
E. Regulatory Flexibility Act
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration this rule would not have a significant economic impact
on a substantial number of small entities. The factual basis for this
certification was discussed in the proposed rule issued on March 18,
2013, and while the proposal has changed, the conclusion remains the
same (78 FR 16622). The Chief Counsel for Regulation of the Department
of Commerce certified to the Chief Counsel for Advocacy of the Small
Business Administration that this rule would not have a significant
economic impact on a substantial number of small entities. The factual
basis for this certification is as follows:
Using the SBA's Small Business Size Standards, NOAA determined that
the small business concerns operating within both of the sanctuaries
include: Commercial fishermen who vary in number seasonally and
annually from approximately 300 to 500 boats; twelve mariculture
leaseholders in Tomales Bay (in GFNMS); approximately 25 recreational
charter fishing businesses; and approximately seven recreational
charter businesses engaged in wildlife viewing. The small
organizations, as defined under 5 U.S.C. 601(4), that would be impacted
by this rule include approximately three small organizations operating
within the waters of GFNMS, which include nongovernmental organizations
(NGOs) or non-profit organizations (NPOs) dedicated to environmental
education, research, restoration, and conservation concerning marine
and maritime heritage resources. The small governmental jurisdictions,
as defined under 5 U.S.C. 601(5), that would be impacted by this rule
are the Tomales Bay settlements that are directly adjacent to GFNMS.
The prohibition on releasing or otherwise introducing from within
or into GFNMS and MBNMS an introduced species is not expected to
significantly adversely impact small entities because this activity is
generally not part of their business or operational practices. As NOAA
analyzed in more detail in 2008, small entities whose operational
practices may include catch and release of striped bass (Morone
saxatilis) (i.e., consumptive recreational charter businesses), would
not be affected because the prohibition would not apply to the catch
and release of this fish species already present in the sanctuaries. In
fact, the prohibition against introduced species may result in indirect
benefits for certain small entities since their activities could
potentially be negatively impacted by the spread of introduced species,
which can severely affect populations of endangered species, native
species diversity, and the composition and resilience of natural
biological communities. Introduced species pose a major economic and
environmental threat to the living resources and habitats of a
sanctuary as well as the commercial and recreational uses that depend
on these resources. Preventing their introduction will therefore help
[[Page 17076]]
small entities by preventing such detrimental impacts.
The proposed prohibition will not impact aquaculture leaseholders
located adjacent to GFNMS. Existing leaseholders operating in Tomales
Bay are excepted from the introduced species prohibition if they have
active lease agreements from the State of California for commercial
cultivation of introduced species of shellfish in Tomales Bay and in
effect as of May 1, 2014. Under the revisions as described in this
proposed rule, additional permits could be authorized for the
introduction of introduced species of shellfish that have been
determined by the State of California and NOAA to be non-invasive and
that would not cause significant adverse effects on sanctuary resources
or qualities. Pursuant to a memorandum of agreement, the State of
California would consult with NOAA prior to issuing any new leases or
permits for commercial cultivation of introduced species of shellfish
in Tomales Bay. This prohibition would not put any current operations
out of business, because they would not need to change anything about
their current procedures to continue in their operations, if their
leases are in effect on May 1, 2014.
Comments received on the economic impacts of this proposed rule
will be summarized and responded to in the final rule. As a result of
this assessment, a regulatory flexibility analysis was not required and
none was prepared.
F. Paperwork Reduction Act
This proposed rule does not contain information collections that
are subject to the requirements of the Paperwork Reduction Act.
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.
VII. Request for Comments
NOAA requests comments on this proposed rule, which amends the
currently pending proposed rule published on March 18, 2013 (78 FR
16622). NOAA re-opens the docket NOAA-NOS-2012-0113 for comment for
fifteen (15) days after publication of this notice.
List of Subjects in 15 CFR Part 922
Administrative practice and procedure, Aquaculture, Catch and
release, Environmental protection, Fish, Harbors, Introduced species,
Mariculture, Marine pollution, Marine resources, Natural resources,
Non-invasive, Penalties, Recreation and recreation areas, Research,
Water pollution control, Water resources, Wildlife.
Dated: March 19, 2014.
Holly A. Bamford,
Assistant Administrator, National Ocean Service, National Oceanic and
Atmospheric Administration.
Accordingly, for the reasons set forth above, 15 CFR part 922 is
proposed to be amended as follows:
PART 922--[AMENDED]
0
1. The authority citation for part 922 continues to read as follows:
Authority: 16 U.S.C. 1431 et seq.
0
2. In Sec. 922.49, revise the introductory text of paragraph (a), and
paragraphs (b) and (c) to read as follows:
Sec. 922.49 Notification and review of applications for leases,
licenses, permits, approvals, or other authorizations to conduct a
prohibited activity.
(a) A person may conduct an activity prohibited by: subpart H;
subparts L through P; or subpart R, if such activity is specifically
authorized by any valid Federal, State, or local lease, permit,
license, approval, or other authorization issued after the effective
date of Sanctuary designation, or in the case of the Florida Keys
National Marine Sanctuary after the effective date of the regulations
in subpart P, provided that:
* * * * *
(b) Any potential applicant for an authorization described in
paragraph (a) of this section may request the Director to issue a
finding as to whether the activity for which an application is intended
to be made is prohibited by subpart H as appropriate, or subparts L
through P, or subpart R, as appropriate.
(c) Notification of filings of applications should be sent to the
Director, Office of National Marine Sanctuaries at the address
specified in subpart H as appropriate, or subparts L through P, or
subpart R, as appropriate. A copy of the application must accompany the
notification.
* * * * *
0
3. In Sec. 922.50, revise paragraph (a)(1) to read as follows:
Sec. 922.50 Appeals of administrative action.
(a)(1) Except for permit actions taken for enforcement reasons (see
subpart D of 15 CFR part 904 for applicable procedures), an applicant
for, or a holder of, a National Marine Sanctuary permit; an applicant
for, or a holder of, a Special Use permit issued pursuant to section
310 of the Act; a person requesting certification of an existing lease,
permit, license or right of subsistence use or access under Sec.
922.47; or, for those Sanctuaries described in subpart H, subparts L
through P, and subpart R, an applicant for a lease, permit, license or
other authorization issued by any Federal, State, or local authority of
competent jurisdiction (hereinafter appellant) may appeal to the
Assistant Administrator.
* * * * *
0
3a. In Sec. 922.82, revise paragraph (a)(10) to read as follows:
Sec. 922.82 Prohibited or otherwise regulated activities.
(a) * * *
(10) Introducing or otherwise releasing from within or into the
Sanctuary an introduced species, except:
(i) Striped bass (Morone saxatilis) released during catch and
release fishing activity; or
(ii) Introduced species of shellfish cultivated by commercial
mariculture activities in Tomales Bay pursuant to a valid lease,
permit, license or other authorization in effect on May 1, 2014 issued
by the State of California.
* * * * *
0
4. In Sec. 922.82 add paragraph (d) to read as follows:
Sec. 922.82 Prohibited or otherwise regulated activities.
* * * * *
(d) The prohibition in paragraph (a)(10) of this section does not
apply to the introduction of any introduced species of shellfish that
does not cause significant adverse effects to sanctuary resources or
qualities and is non-invasive as determined by NOAA and the State of
California, and is cultivated in state waters as part of commercial
shellfish mariculture activities conducted pursuant to a valid lease,
permit, license or other authorization issued by the State of
California provided that the applicant complies with 15 CFR 922.49, the
Director notifies the applicant and authorizing agency that he or she
does not object to issuance of the authorization, and the applicant
complies with any terms and conditions the Director deems necessary to
protect Sanctuary resources and qualities. Amendments, renewals, and
extensions of State leases or permits in existence on May 1, 2014
require an authorization that must comply with this paragraph.
* * * * *
0
5. Revise paragraph (e) of Sec. 922.132 to read as follows:
[[Page 17077]]
Sec. 922.132 Prohibited or otherwise regulated activities.
* * * * *
(e) The prohibitions in paragraphs (a)(2) through (a)(8) of this
section, and (a)(12) of this section regarding any introduced species
of shellfish that does not cause significant adverse effects to
sanctuary resources or qualities and is non-invasive as determined by
NOAA and the State of California, and that is cultivated in state
waters as part of commercial shellfish aquaculture activities, do not
apply to any activity authorized by any lease, permit, license,
approval, or other authorization issued after the effective date of
Sanctuary designation (January 1, 1993) and issued by any Federal,
State, or local authority of competent jurisdiction, provided that the
applicant complies with 15 CFR 922.49, the Director notifies the
applicant and authorizing agency that he or she does not object to
issuance of the authorization, and the applicant complies with any
terms and conditions the Director deems necessary to protect Sanctuary
resources and qualities. Amendments, renewals, and extensions of
authorizations in existence on the effective date of designation
constitute authorizations issued after the effective date of Sanctuary
designation.
[FR Doc. 2014-06504 Filed 3-26-14; 8:45 am]
BILLING CODE 3510-NK-P