Wisconsin-Lake Michigan National Marine Sanctuary; Notice of Proposed Rulemaking and Availability of Draft Environmental Impact Statement and Management Plan, 2269-2280 [2016-31741]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 82, Number 5 (Monday, January 9, 2017)]
[Proposed Rules]
[Pages 2269-2280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31741]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket No. 160907828-6828-01]
RIN 0648-BG01


Wisconsin--Lake Michigan National Marine Sanctuary; Notice of 
Proposed Rulemaking and Availability of Draft Environmental Impact 
Statement and Management Plan

AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean 
Service (NOS), National Oceanic and Atmospheric Administration (NOAA), 
Department of Commerce (DOC).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) is 
proposing to designate an area of 1,075 square miles of Wisconsin state 
waters as the Wisconsin--Lake Michigan National Marine Sanctuary 
(WLMNMS or sanctuary). NOAA also proposes regulations to implement the 
sanctuary designation and establish the sanctuary's terms of 
designation. A draft environmental impact statement and draft 
management plan have also been prepared for this proposed action. The 
purpose of this action is to supplement current Wisconsin state 
regulations and resource protection efforts in a way that will ensure 
long term protection of the nationally significant collection of 
historic shipwrecks and other maritime heritage resources in the area. 
NOAA is soliciting public comment on the proposed rule, draft 
environmental impact statement (DEIS), and draft management plan (DMP). 
NOAA will also begin consultations under Section 106 of the National 
Historic Preservation Act (NHPA) and solicit public comments 
specifically related to the identification and assessment of the 
historic properties within the affected area in compliance with Section 
106 review process.

DATES: NOAA will consider all comments received by March 31, 2017. 
Public meetings will be held on the following dates:
    (1) March 13, 2017, 6:30 p.m. to 8:30 p.m., Algoma, WI;
    (2) March 14, 2017, 6:30 p.m. to 8:30 p.m., Manitowoc, WI;
    (3) March 15, 2017, 6:30 p.m. to 8:30 p.m., Sheboygan, WI; and
    (4) March 16, 2017, 6:30 p.m. to 8:30 p.m., Port Washington, WI.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NOS-2016-0150, 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-2016-0150, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Russ Green, Regional Coordinator, Northeast and 
Great Lakes Region, NOAA Office of National Marine Sanctuaries, 
University of Wisconsin--Sheboygan, One University Drive, Sheboygan, WI 
53081.
    Instructions: 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 by NOAA. 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.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NOAA will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Copies of the proposed rule, DEIS, and DMP can be downloaded or 
viewed on the internet at www.regulations.gov (search for docket #NOAA-
NOS-2016-0150) or at www.regulations.gov/#!docketDetail;D=NOAA-NOS-
2016-0150. Copies can also be obtained by contacting the person 
identified under FOR FURTHER INFORMATION CONTACT.
    The public meeting locations are:

(1) Algoma, WI: Knudson Hall, 620 Lake Street, Algoma, WI 54201 (March 
13, 2017)
(2) Manitowoc, WI: Wisconsin Maritime Museum, 75 Maritime Dr., 
Manitowoc, WI 54220 (March 14, 2017)
(3) Sheboygan, WI: University of Wisconsin--Sheboygan, Main Building, 
Wombat Room (Room 2114), 1 University Drive, Sheboygan, WI 53081 (March 
15, 2017)
(4) Port Washington, WI: Wilson House, 200 N. Franklin St., Port 
Washington, WI 53074 (March 16, 2017)

FOR FURTHER INFORMATION CONTACT: Russ Green, Regional Coordinator, 
Northeast and Great Lakes Region at (920) 459-4425 or 
russ.green@noaa.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

A. Wisconsin--Lake Michigan National Marine Sanctuary Background

    The National Marine Sanctuaries Act (NMSA; 16 U.S.C. 1431 et seq.) 
authorizes the Secretary of Commerce (Secretary) to designate and 
protect as national marine sanctuaries areas of the marine environment 
that are of special national significance due to their conservation, 
recreational, ecological, historical, scientific, cultural, 
archeological, educational, or esthetic qualities. Day-to-day 
management of national marine sanctuaries has been delegated by the 
Secretary to NOAA's Office of National Marine Sanctuaries (ONMS). The 
primary objective of the NMSA is to protect the sanctuary system's 
biological and cultural resources, such as coral reefs, marine animals, 
historic shipwrecks, other historic structures, and archaeological 
sites.
    The 1,075-square-mile area proposed for designation as the 
Wisconsin--Lake Michigan National Marine Sanctuary

[[Page 2270]]

encompasses the waters and bottomlands of Lake Michigan adjacent to 
Manitowoc, Sheboygan, and Ozaukee Counties. Principal cities in this 
area include Port Washington, Sheboygan, Manitowoc, Two Rivers, and 
Mequon. The boundary includes 80 miles of shoreline and extends 7 to 16 
miles from the shoreline.
    The area includes a nationally significant collection of maritime 
heritage resources, including 37 known shipwrecks, about 80 suspected 
shipwrecks, and numerous other historic maritime-related features such 
as historic cribs, docks, and piers. The historic shipwrecks in the 
proposed sanctuary are representative of the vessels that sailed and 
steamed this corridor, carrying grain and raw materials east as other 
vessels came west loaded with coal, manufactured goods, and people. 
Eighteen of the 37 shipwreck sites are listed on the National Register 
of Historic Places. Many of the shipwrecks in the proposed sanctuary 
retain an unusual degree of architectural integrity, with 14 vessels 
nearly intact. Well preserved by Lake Michigan's cold, fresh water, the 
shipwrecks and related maritime heritage sites in and around the 
proposed Wisconsin--Lake Michigan National Marine Sanctuary possess 
exceptional historical, archaeological and recreational value.
    On December 2, 2014, pursuant to section 304 of the NMSA and the 
Sanctuary Nomination Process (SNP; 79 FR 33851), Wisconsin Governor 
Scott Walker, on behalf of the State of Wisconsin; the Cities of Two 
Rivers, Manitowoc, Sheboygan, and Port Washington; the Counties of 
Ozaukee, Sheboygan, and Manitowoc, submitted a nomination asking NOAA 
to consider designating this area of Wisconsin's Lake Michigan waters 
as a national marine sanctuary. The State of Wisconsin's selection of 
this geographic area for the nomination drew heavily from a 2008 report 
conducted by the Wisconsin History Society and funded by the Wisconsin 
Coastal Management Program (Wisconsin's Historic Shipwrecks: An 
Overview and Analysis of Locations for a State/Federal Partnership with 
the National Marine Sanctuary Program, 2008, https://www.maritimetrails.org/assets/pages/Wisconsins%20Historic%20Shipwrecks.pdf). The nomination also identified 
opportunities for NOAA to strengthen and expand on resource protection, 
education, and research programs by state of Wisconsin agencies and in 
the four communities along the Lake Michigan coast. NOAA completed its 
review of the nomination, and on February 5, 2015 added the area to the 
inventory of nominations that are eligible for designation. All 
nominations submitted to NOAA can be found at: https://www.nominate.noaa.gov/nominations/.
    NOAA began the sanctuary designation process for Wisconsin--Lake 
Michigan National Marine Sanctuary on October 7, 2015 with the 
publication of a notice of intent (NOI; 80 FR 60631) to prepare a DEIS 
and the initiation of a public process, as required under the NMSA and 
the National Environmental Policy Act (NEPA). The DEIS evaluates 
alternatives related to the proposed designation of the area, including 
a preferred alternative. The NOI also announced NOAA's intent to 
fulfill its responsibilities under the requirements of the NHPA.
    A duplicate version of the notice for intent was published in error 
two days earlier on October 5, 2015 (80 FR 60132). That publication 
contained the exact same content as the official version made available 
for public inspection and published on October 7, 2015 (80 FR 60631). 
Any comments received in connection with the publication in error on 
October 5, 2015 were accepted and considered by NOAA.

B. Need for Action

    Establishing a national marine sanctuary in Wisconsin waters would 
complement and supplement existing state-led preservation efforts, 
research programs, and public outreach initiatives. Threats to the 
nationally significant resources in the area include both human 
activities and natural processes. Natural process include the damaging 
impacts of wind, waves, storms, and ice, as well as the impact of 
invasive species such as zebra and quagga mussels that today cover most 
of Lake Michigan's shipwrecks. Human threats to underwater cultural 
resources include looting and altering sanctuary shipwreck sites and 
damaging sites by anchoring. These processes threaten the long term 
sustainability of historic shipwrecks and other underwater cultural 
resources, and negatively impact their recreational and archaeological 
value. Examples of these impacts include: Anchor damage from visiting 
dive boats, damage due to unpermitted and poorly attached mooring 
lines, artifacts being looted, artifacts being moved within a shipwreck 
site, a remotely-operated vehicle tether entangled within a shipwreck, 
fishing gear entangled within a shipwreck, increased invasive mussel 
coverage, and the disturbance and natural deterioration of newly 
uncovered shipwrecks within the boundary's large swaths of shallow, 
sandy lakebottom.
    The sanctuary would enhance and facilitate broader lake 
conservation efforts as well as heritage tourism within the many 
communities that have embraced their centuries-long maritime 
relationship with Lake Michigan, the Great Lakes region, and the 
nation. A sanctuary designation would enhance existing comprehensive 
management programs. The presence of a sanctuary would provide access 
to NOAA's extended network of scientific expertise and technological 
resources, enhance ongoing research, and provide an umbrella for the 
coordination of these activities. It would support and build on 
existing educational initiatives and provide programming and technology 
for K-12, post-graduate, and the general public across the state. A 
sanctuary designation, the local commitment to the sanctuary, the 
existing state agency interest, and NOAA's existing network of 
affiliated programs has the potential to create synergies that reach 
far beyond the proposed sanctuary boundaries.

C. Designation Process

National Marine Sanctuary Designation Process
    NOAA may identify areas to consider for national marine sanctuary 
designation through the community-based SNP described above. The 
process for designating a new national marine sanctuary is described in 
the NMSA and has four steps:
    Scoping: NOAA announces its intent to designate a new national 
marine sanctuary and asks the public for input on potential boundaries, 
resources that could be protected, issues NOAA should consider and any 
information that should be included in the detailed resource analysis 
in a draft environmental impact statement.
    Sanctuary Proposal: NOAA prepares draft designation documents 
including a DMP, DEIS that analyzes a range of alternatives, proposed 
regulations and proposed boundaries.
    Public Review: The public, agency partners, tribes and other 
stakeholders provide input on the draft documents. The public review 
step also includes the formal consultations required under NEPA, the 
NMSA, the NHPA, and other relevant statutes. NOAA considers all input 
and determines appropriate changes.
    Sanctuary Designation: NOAA makes a final decision and prepares 
final documents. Before the designation becomes effective, the Governor 
reviews

[[Page 2271]]

the documents. Congress also has the opportunity to review the 
documents.
Public Scoping Process
    On October 7, 2015 NOAA initiated the public scoping process with 
the publication of the NOI in the Federal Register (80 FR 60631) asking 
for public input on the proposed designation and informing the public 
that NOAA intended to prepare a DEIS evaluating alternatives related to 
the proposed designation of Wisconsin-Lake Michigan National Marine 
Sanctuary under NMSA. That announcement initiated a 90-day public 
comment period during which NOAA solicited additional input related to 
the scale and scope of the proposed sanctuary, including ideas 
presented in the community nomination. The NOI also announced NOAA's 
intent to fulfill its responsibilities under the requirements of NHPA.
    During the public comment period, NOAA hosted three public meetings 
in November 2015 and provided additional opportunity for comments 
through a web-based portal [https://www.regulations.gov/#!docketDetail;D=NOAA-NOS-2015-0112] and by traditional mail until 
January 15, 2016. All comments received, through any of these formats, 
were publicly posted on the www.regulations.gov web portal.
    During this period, approximately 135 individuals provided input. 
Comments were overwhelmingly supportive of the goals of sanctuary 
designation, including the rationale for conservation of nationally-
significant resources, considerations that enhance public use and 
recreation, considerations that enhance tourism and the local economy, 
and as a venue for education, science and interpretation as described 
in the community nomination.
    The comments underscored the need for conservation and 
interpretation, particularly the importance of educating users about 
the importance of the Great Lakes and the role that shipbuilding and 
shipping commerce has played in the history of the region and our 
nation. There was strong support from local communities, governments, 
and organizations supporting sanctuary designation and offering 
opportunities to partner for education, research, outreach and other 
activities.
    Several commenters who otherwise supported sanctuary designation 
expressed concern that designation should not in any way disrupt 
existing lake commerce. Specific concerns focused on the need for 
continued ability to dredge and maintain ports and the continued 
ability for ships to ballast in port and in open water.
    The few comments in opposition to sanctuary designation were 
concerned about the cost of implementation, the possibility that 
designation would make metal detecting illegal, and that designation 
would be an unneeded level of government intervention.
    There were several requests that NOAA consider expanding the 
proposed boundaries. Several comments suggesting expansion north to 
include shipwrecks in Kewaunee County, and one commenter requested 
inclusion of Green Bay.
    NOAA used the public comments submitted during the scoping process 
to inform the preparation of the DMP, DEIS, and the proposed sanctuary 
regulations. In response to many of these comments, this proposed rule 
proposes to provide additional protection to maritime heritage 
resources, particularly the nationally significant collection of 
historic shipwrecks. The environmental effects of these proposed 
designations are analyzed in a DEIS published concurrently with this 
proposed rule. NOAA has also developed an associated DMP describing 
sanctuary management activities in the area proposed for designation. 
NOAA is seeking public comment on the proposed rule, DEIS, and DMP, 
which are available at https://sanctuaries.noaa.gov/wisconsin/ or may be 
obtained by contacting the individual listed under the heading FOR 
FURTHER INFORMATION CONTACT.

II. Summary of the Proposed Regulations

1. Adding New Subpart T and Reserving Subpart S

    NOAA is proposing to amend 15 CFR part 922 by adding a new subpart 
(subpart T) that contains site-specific regulations for WLMNMS. This 
subpart would include the proposed boundary, contain definitions of 
common terms used in the new subpart, provide a framework for co-
management of the sanctuary, identify prohibited activities and 
exceptions, and establish procedures for certification of existing 
uses, permitting otherwise prohibited activities, and emergency 
regulation procedures. Several conforming changes would also be made to 
the national sanctuary regulations as described below.
    NOAA is concurrently working on designating a separate new national 
marine sanctuary in Mallows Bay--Potomac River waters as part of a 
separate rulemaking process, and those regulations would be published 
in their own new subpart (subpart S). As such, in this rulemaking, NOAA 
proposes to add and reserve subpart S for any future site-specific 
regulations that might be issued. NOAA would harmonize the regulations 
for the Mallows Bay-Potomac River designation process with any final 
rule associated with this action.

2. Proposed Sanctuary Name

    NOAA has proposed to name the sanctuary the ``Wisconsin--Lake 
Michigan National Marine Sanctuary (WLMNMS)'' based on the nomination 
submitted by the community. This name aptly identifies both the lake 
and state where the proposed sanctuary is located. NOAA is asking for 
the public to provide input on this proposed name. The public may also 
suggest an alternative name and state the reasons for suggesting an 
alternative name.

3. Proposed Sanctuary Boundary

    NOAA is proposing to designate a 1,075-square mile area of Lake 
Michigan waters off Ozaukee, Sheboygan, and Manitowoc Counties as 
WLMNMS. The sanctuary's shoreward boundary would be defined by the 
Ordinary High Water Mark as defined by the state of Wisconsin, while 
the lakeward boundary would be drawn to include all known shipwrecks in 
each county, extending 16 miles offshore at its greatest extent. The 
harbors and marinas of Two Rivers, Manitowoc, Sheboygan, and Port 
Washington would not be included in the sanctuary. The detailed legal 
boundary description is included in section 922.210 and the coordinates 
are located in 15 CFR part 922, subpart T, appendix A. A map of the 
area is shown in the DEIS.
    Within this proposed boundary are 37 known shipwrecks, including 18 
on the National Register of Historic Places. The sanctuary would 
provide comprehensive protection of underwater cultural resources as 
well as develop partnerships and resources for education, 
interpretation, personnel, research, and administration. This would 
provide enhanced management of underwater cultural resources, as well 
as potential economic benefits to the coastal communities from Mequon 
to Two Rivers.
    The proposed boundary reflects the boundary the State of Wisconsin 
submitted to NOAA in the nomination with an adjustment based on 
discussions with the State of Wisconsin. The State submitted an 875-
square-mile boundary in the nomination. NOAA's adjustments result in a 
1,075-square-mile boundary, and includes moving the southern and 
northern boundary lines to

[[Page 2272]]

the county lines and expanding the southeast corners to include the 
shipwreck site of the Senator (its location was previously unknown), 
and excluding ports and harbors.

4. Definitions

    NOAA is proposing a site-specific definition of ``sanctuary 
resources'' for the WLMNMS to be tailored to include only the 
underwater cultural resources found in this area in accordance with the 
purpose of the proposed designation. The definition would not include 
biological and ecological resources of the area. Creating this new 
site-specific definition requires NOAA to modify the national 
definition of ``sanctuary resource'' in the national regulations at 
section 922.3 to add an additional sentence that defines the term for 
WLMNMS at section 922.211(a). This is similar to the approach taken for 
other national marine sanctuaries that do not share the full 
``sanctuary resource'' definition such as Thunder Bay National Marine 
Sanctuary.
    The new WLMNMS definition of ``sanctuary resources'' would be all 
prehistoric, historic, archaeological, and cultural sites and artifacts 
within the sanctuary boundary, including but not limited to, all 
shipwrecks and related components.
    Additionally NOAA would add a definition for ``shipwreck site'' in 
the WLMNMS regulations at Section 922.211(a) that would define a subset 
of the ``sanctuary resources.'' The definition for ``shipwreck site'' 
would be more narrowly focused than the broader ``sanctuary resource'' 
definition and would be used in one of the prohibited activities 
regulations. ``Shipwreck site'' is defined as any sunken watercraft, 
its components, cargo, contents, and associated debris field.
    This proposed rule incorporates and adopts other common terms 
defined in the existing national regulations at section 922.3. One of 
the common terms adopted (without modification) is ``National Marine 
Sanctuary'' or ``Sanctuary,'' which means an area of the marine 
environment of special national significance due to its resource or 
human-use values, which is designated as such to ensure its 
conservation and management.

5. Co-Management of the Sanctuary

    In order to further enhance the engagement forged by the State of 
Wisconsin in nominating this area to become a national marine 
sanctuary, NOAA is proposing to manage the sanctuary collaboratively 
with the State of Wisconsin. NOAA proposes to establish the framework 
for co-management of the sanctuary at section 922.212 and intends to 
work out the operational details of the collaboration in a Memorandum 
of Understanding (MOU). Details on the execution of sanctuary 
management such as activities, programs, and permitting programs would 
be included in the MOU and can be updated to adapt to changing 
conditions or threats to the sanctuary resources. Any significant 
changes to the regulations or management plan would not only be jointly 
coordinated but also subject to public review.

6. Prohibited and Regulated Activities

    NOAA is proposing to supplement and complement existing management 
of this area by proposing three regulations to protect the sanctuary 
resources in section 922.213(a).
a. Damaging Sanctuary Resources
    As a complement to existing protections under state law and NHPA 
regulations, NOAA is proposing to prohibit moving, removing, 
recovering, altering, destroying, possessing or otherwise injuring, or 
attempting to move, remove, recover, alter, destroy, possess or 
otherwise injure a sanctuary resource. This sanctuary prohibition would 
supplement the existing Wisconsin regulations that prohibit damaging 
shipwrecks. Since 1991 Wisconsin has had state regulations related to 
removing or damaging shipwrecks that currently apply to the proposed 
area and would continue to apply to these resources after sanctuary 
designation.
b. Anchoring or Grappling on a Shipwreck Site
    NOAA is proposing to prohibit the use of grappling hooks and 
anchoring devices into shipwreck sites to protect fragile shipwrecks 
within the sanctuary from damage. To provide the public adequate notice 
of shipwreck sites, NOAA will prepare and make available sanctuary maps 
with known and suspected shipwreck sites. Shipwreck sites not listed on 
maps would still be sanctuary resources and the prohibition on 
anchoring and grappling would still apply. The proposed management plan 
includes activities related to surveying the sanctuary area and 
identifying additional shipwreck sites. As appropriate, and in 
consideration of resource management conflicts, NOAA would update the 
maps as new shipwreck sites are found by the sanctuary, the Wisconsin 
Historical Society, or other public or private groups and individuals. 
Because NOAA seeks to promote public access, while also ensuring sound 
resource protection, an initial focus of the sanctuary management plan 
will be the installation of permanent mooring systems at sanctuary 
shipwreck sites. The moorings will provide a secure and convenient 
anchoring point for users, eliminating the need for grappling, and 
providing additional notice of the location of any known shipwreck 
site. NOAA is proposing to publish guidelines on best practices for 
anchoring near shipwrecks sites to avoid violating this prohibition. An 
example of a best practice could include instructions on using a 
weighted line, with a suggested maximum weight of 15 pounds, and 
surface float to mark a wreck for divers to descend and ascend. But the 
line would not use as an anchoring line; it would need to be 
continuously tended and removed before the dive boat leaves the area.
c. Interfering With Investigations
    NOAA is proposing a regulation to prohibit interfering with 
sanctuary enforcement activities. This regulation will assist in NOAA's 
enforcement of the sanctuary regulations and strengthen sanctuary 
management.
d. Exemption for Emergencies and Law Enforcement
    NOAA is proposing to include an exemption from the three 
regulations described above for activities that respond to emergencies 
that threaten lives, property or the environment, or are necessary for 
law enforcement purposes.

7. Emergency Regulations

    As part of the proposed designation, NOAA is proposing to give the 
sanctuary authority to issue emergency regulations. Emergency 
regulations are used in limited cases and under specific conditions 
when there is an imminent risk to sanctuary resources and a temporary 
prohibition would prevent the destruction or loss of those resources. 
Under the NMSA, NOAA only issues emergency regulations that address an 
imminent risk for a fixed amount of time with a maximum of 6 months 
that can be extended a single time. A full rulemaking process must be 
undertaken, including a public comment period, to consider making an 
emergency regulation permanent. NOAA would add the authority to issue 
emergency regulations by modifying the national regulations at section 
922.44 to include WLMNMS in a list of sanctuaries that have site-
specific regulations related to emergency

[[Page 2273]]

regulations, and adding detailed site-specific emergency regulations to 
the WLMNMS regulations at section 922.214.

8. General Permits, Certifications, Authorizations, and Special Use 
Permits

a. General Permits
    NOAA is proposing to include the authority to issue permits to 
allow certain activities that would otherwise violate the prohibitions 
in WLMNMS regulations. Similar to other national marine sanctuaries, 
NOAA is proposing to consider these permits for the purposes of 
education, research, or management.
    To address the above additions to the ONMS general permit authority 
for WLMNMS, NOAA would amend regulatory text in the program-wide 
regulations in part 922, subpart E, to add references to subpart T, as 
appropriate. NOAA would also add a new section 922.215 in subpart T 
titled ``Permit procedures and review criteria'' that would address 
site-specific permit procedures for WLMNMS.
b. Certifications
    Because of the possibility that preexisting activities, right of 
subsistence use or access permitted by other federal, state, local, or 
tribal agencies might be occurring within the WLMNMS area that would 
otherwise be prohibited by WLMNMS regulations, NOAA would add language 
at section 922.216 describing the process by which it can certify 
existing activities within the WLMNMS area. In compliance with the 
NMSA, WLMNMS regulations at section 922.216 would state that 
certification is the process by which permitted activities existing 
prior to the designation of the sanctuary that violate sanctuary 
prohibitions may be allowed to continue, provided certain conditions 
are met. Applications for certifying permitted existing uses would have 
to be received by NOAA within 180 days of the effective date of the 
designation.
c. Authorizations
    NOAA also proposes to provide WLMNMS with the authority to consider 
allowing an otherwise prohibited activity if such activity is 
specifically authorized by any valid Federal, state, or local lease, 
permit, license, approval, or other authorization issued after 
sanctuary designation. Authorization authority is intended to 
streamline regulatory requirements by reducing the need for multiple 
permits and would apply to all proposed prohibitions at section 
922.213. As such, NOAA proposes to amend the regulatory text at section 
922.49 to add reference to subpart T.
d. Special Use Permits
    NOAA has the authority under the NMSA to issue special use permits 
(SUPs) at national marine sanctuaries as established by Section 310 of 
the NMSA. SUPs can be used to authorize specific activities in a 
sanctuary if such authorization is necessary (1) to establish 
conditions of access to and use of any sanctuary resource; or (2) to 
promote public use and understanding of a sanctuary resource. The 
activities that qualify for a SUP are set forth in the Federal Register 
(78 FR 25957; May 3, 2013). Categories of SUPs may be changed or added 
to through public notice and comment. NOAA would not apply the SUP to 
activities in place at the time of the WLMNMS designation.
    SUP applications are reviewed to ensure that the activity is 
compatible with the purposes for which the sanctuary is designated and 
that the activities carried out under the SUP be conducted in a manner 
that do not destroy, cause the loss of, or injure sanctuary resources. 
NOAA also requires SUP permittees to purchase and maintain 
comprehensive general liability insurance, or post an equivalent bond, 
against claims arising out of activities conducted under the permit. 
The NMSA allows NOAA to assess and collect fees for the conduct of any 
activity under a SUP. The fees collected could be used to recover the 
administrative costs of issuing the permit, the cost of implementing 
the permit, monitoring costs associated with the conduct of the 
activity, and the fair market value of the use of sanctuary resources.

9. Other Conforming Amendments

    The general regulations in part 922, subpart A, for general 
information and part 922, subpart E, for regulations of general 
applicability would also have to be amended so that the regulations are 
accurate and up-to-date. The 10 sections that will need to be updated 
to reflect the increased number of sanctuaries or to add subpart T to 
the list of sanctuaries. The modified sections to conform to adding a 
new sanctuary are:

 Section 922.1 Applicability of regulations
 Section 922.40 Purpose
 Section 922.41 Boundaries
 Section 922.42 Allowed activities
 Section 922.43 Prohibited or otherwise regulated activities
 Section 922.44 Emergency regulations
 Section 922.47 Pre-existing authorizations or rights and 
certifications of pre-existing authorizations or rights
 Section 922.48 National Marine Sanctuary permits--application 
procedures and issuance criteria
 Section 922.49 Notification and review of applications for 
leases, licenses, permits, approvals, or other authorizations to 
conduct a prohibited activity
 Section 922.50 Appeals of administrative action

10. Terms of Designation

    Section 304(a)(4) of the National Marine Sanctuaries Act (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 that will 
be subject to regulation by the Secretary of Commerce 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. Thus, the terms of designation serve as 
a constitution for the Sanctuary.
    NOAA is proposing to establish terms to designation that describe 
the geographic area, resources, and activities as described in details 
above. NOAA would add the terms of designation language as appendix B 
to the WLMNMS regulations at 15 CFR part 922, subpart T.

III. Classification

National Marine Sanctuaries Act

    NOAA has determined that the designation of the Wisconsin--Lake 
Michigan National Marine Sanctuary will not have a negative impact on 
the National Marine Sanctuary System and that sufficient resources 
exist to effectively implement sanctuary management plans and to update 
site characterizations. The finding for NMSA section 304(f) is 
published on the ONMS Web site for Wisconsin-Lake Michigan designation 
at https://sanctuaries.noaa.gov/wisconsin/.

National Environmental Policy Act

    NOAA has prepared a draft environmental impact statement to 
evaluate the environmental effects of the proposed rulemaking and 
alternatives as required by NEPA (42 U.S.C. 4321 et seq.) and the NMSA. 
Copies of the DEIS and related DMP are available at the address and Web 
site listed in the ADDRESSES section of this proposed rule. NOAA is 
also soliciting public

[[Page 2274]]

comments on the DEIS and DMP. Responses to comments received on this 
proposed rule as well as on the DEIS and draft management plan will be 
published in the final environmental impact statement and preamble to 
the final rule.

Coastal Zone Management Act

    Section 307 of the Coastal Zone Management Act (CZMA; 16 U.S.C. 
1456) requires Federal agencies to consult with a state's coastal 
program on potential Federal regulations having an effect on state 
waters. Because WLMNMS encompasses a portion of the Wisconsin State 
waters, NOAA intends to submit a copy of this proposed rule and 
supporting documents to the State of Wisconsin Coastal Zone Management 
Program for evaluation of Federal consistency under the CZMA. NOAA will 
publish the final rule and designation only after completion of the 
consultation requirements under the CZMA.

Executive Order 12866: Regulatory Impact

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.

Executive Order 13132: Federalism Assessment

    NOAA has concluded that this regulatory action does not have 
federalism implications sufficient to warrant preparation of a 
federalism assessment under Executive Order 13132 because NOAA 
supplements and complements state and local laws under the NMSA.

National Historic Preservation Act

    The National Historic Preservation Act (NHPA; 16 U.S.C. 470 et 
seq.) is intended to preserve historical and archaeological sites in 
the United States of America. The act created the National Register of 
Historic Places, the list of National Historic Landmarks, and State 
Historic Preservation Offices. Section 106 of the NHPA requires Federal 
agencies to take into account the effects of their undertakings on 
historic properties, and afford the Advisory Council on Historic 
Preservation (ACHP) a reasonable opportunity to comment. The historic 
preservation review process mandated by Section 106 is outlined in 
regulations issued by ACHP (36 CFR part 800 et seq.). In fulfilling its 
responsibilities under the NHPA, NOAA is seeking to identify consulting 
parties in addition to the State Historic Preservation Officer (SHPO), 
and will complete the identification of historic properties and the 
assessment of the effects of the undertaking on such properties in 
scheduled consultations with those identified parties and the SHPO. By 
this notice NOAA seeks public input, particularly in regard to the 
identification of historic properties within the proposed areas of 
potential effect. Pursuant to 36 CFR 800.16(l)(1), historic properties 
includes: ``any prehistoric or historic district, site, building, 
structure or object included in, or eligible for inclusion in, the 
National Register of Historic Places maintained by the Secretary of the 
Interior. The term includes artifacts, records, and remains that are 
related to and located within such properties. The term includes 
properties of traditional religious and cultural importance to an 
Indian tribe or Native Hawaiian organization and that meet the National 
Register criteria.'' If you, your organization(s), or business(es) 
would like to be considered a ``consulting party'' under Section 106 
please contact the individual listed under the heading FOR FURTHER 
INFORMATION CONTACT; include contact information for the principal 
representative for the consultation; and describe you or your party's 
interest in the proposed designation. In accordance with 36 CFR 
800.3(f)(3), NOAA will consider all ``consulting party'' requests but 
has ultimate discretion in determining and inviting additional 
consulting parties.

Regulatory Flexibility Act

    This analysis seeks to fulfill the requirements of Executive Order 
12866 and the Regulatory Flexibility Act. The Small Business 
Administration has established thresholds on the designation of 
businesses as ``small entities''. A finfish fishing businesses is 
considered a small business if it has annual receipts of less than 
$20.5 million. Scenic and Sightseeing and Recreational industries are 
considered small businesses if they have annual receipts not in excess 
of $7.5 million. According to these limits, each of the businesses 
potentially affected by the proposed rule would most likely be small 
businesses. However, as further discussed below, these regulations will 
not have a significant economic impact on the affected small entities, 
and the Chief Counsel for Regulations for the Department of Commerce 
has certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this rule will not have significant economic impact 
on a substantial number of small entities. Thus, NOAA is not required 
to and has not prepared an initial regulatory flexibility analysis.
    Methodology. The analysis here is based on limited quantitative 
information on how much each activity occurs within the proposed 
sanctuary. Consequently, the result is more qualitative than 
quantitative.
    Scales Used for Assessing Impacts. For assessing levels of impacts 
within an alternative, NOAA used three levels; ``negligible'', 
``moderate'' and ``high'' plus ``no impacts''. For levels of impacts 
within the proposed alternatives being analyzed, negligible means very 
low benefits, costs, or net benefits (less than 1% change). Moderate 
impacts would be more than 1% but less than or equal to 10%, and high 
impacts would be more than 10%. For market economic values (revenue, 
costs, and profits), negligible would mean no likely impact whereas 
moderate and high could mean some measurable impact on market economic 
values at the levels noted above. NOAA analyzed the proposed national 
marine sanctuary described above.
    Small business user groups include commercial fishing operation, 
recreation-tourism related businesses, and land use and development 
businesses. Other user groups not included here are research and 
education, people who receive passive economic use value from 
stabilization or improvement to the proposed sanctuary resources, none 
of whom are small businesses.

Proposed Action

    Prohibition on damaging a sanctuary resource. Small businesses that 
could potentially be impacted from the proposed prohibition on damaging 
a sanctuary resource include commercial fishing, recreational fishing 
and diving. This regulation is expected to have no to minimal impact on 
commercial fishermen because it is coextensive with existing state law. 
The sanctuary will assist the state in notifying the public, including 
fishermen of the locations of known and suspected shipwreck sites, 
which will enable them to avoid snagging and damaging their gear on 
shipwreck sites. Lastly divers and other recreational water users will 
still be able to use the resource, but will not able to take sanctuary 
resources. Therefore the impact for this user group from this 
prohibition is ``no impact''.
    Prohibition on anchoring or grappling into a shipwreck site. 
Commercial fishermen use trap nets or gill nets which are anchored 
down, but it is unlikely that fishermen would anchor their nets near 
known shipwrecks due to snagging and the potential to have their gear 
damaged. Thus, the expected impact to commercial fishermen is

[[Page 2275]]

negligible. The impact is also expected to be negligible for dive 
charters who would no longer be able to anchor on or grapple into a 
shipwreck site. NOAA is planning to add mooring buoys and provide 
anchoring best practices guidelines to facilitate divers to visit the 
shipwreck sites without damaging the fragile wrecks.
    Prohibition on interfering with an investigation. There is no 
evidence that any small business in the area would be affected by this 
prohibition. Therefore, the prohibition is expected to have no impact 
on small businesses.
    Thus, the overall expected impact to all these business in the 
preferred alternative is ``no impact,'' and the Chief Counsel for 
Regulations for the Department of Commerce has certified that this rule 
will not have a significant economic impact on a substantial number of 
small entities.

Paperwork Reduction Act

    ONMS has a valid Office of Management and Budget (OMB) control 
number (0648-0141) for the collection of public information related to 
the processing of ONMS permits across the National Marine Sanctuary 
System. NOAA's proposal to create WLMNMS would likely result in an 
increase in the number of requests for ONMS general permits, special 
use permits, certifications, and authorizations because this action 
proposes to add general permits and special use permits, 
certifications, appeals, and the authority to authorize other valid 
federal, state, or local leases, permits, licenses, approvals, or other 
authorizations. An increase in the number of ONMS permit requests would 
require a change to the reporting burden certified for OMB control 
number 0648-0141. An update to this control number for the processing 
of ONMS permits would be requested as part of the final rule for 
sanctuary expansion.
    Nationwide, NOAA issues approximately 500 national marine sanctuary 
permits each year. Of this amount, WLMNMS is expected to add 4 to 5 
permit requests per year. The public reporting burden for national 
marine sanctuaries permits is estimated to average 1.5 hours 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.
    Send comments regarding the burden estimate for this data 
collection requirement, or any other aspect of this data collection, 
including suggestions for reducing the burden, to NOAA (see ADDRESSES) 
and by email to OIRA_submission@omb.eop.gov, or fax to (202) 395-7285. 
Notwithstanding any other provision of 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 Paperwork Reduction Act, unless that collection of information 
displays a currently valid OMB control number.

IV. Request for Comments

    NOAA requests comments on this proposed rule by March 31, 2017. In 
additional to requesting comments on this proposed rule, NOAA is also 
soliciting input on the DEIS and DMP. In addition NOAA would like the 
public comments on the proposed name for the sanctuary.

List of Subjects in 15 CFR Part 922

    Administrative practice and procedure, Coastal zone, Historic 
preservation, Intergovernmental relations, Marine resources, Natural 
resources, Penalties, Recreation and recreation areas, Reporting and 
recordkeeping requirements, Wildlife.

    Dated: December 22, 2016.
W. Russell Callender,
Assistant Administrator for Ocean Services and Coastal Zone Management.
    Accordingly, for the reasons discussed in the preamble, the 
National Oceanic and Atmospheric Administration proposes to amend 15 
CFR part 922 as follows:

PART 922--NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS

0
1. The authority citation for 15 CFR part 922 continues to read as 
follows:

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

0
2. Revise Sec.  922.1 to read as follows:


Sec.  922.1   Applicability of regulations.

    Unless noted otherwise, the regulations in subparts A, D, and E of 
this part apply to all National Marine Sanctuaries and related site-
specific regulations set forth in this part. Subparts B and C of this 
part apply to the sanctuary nomination process and to the designation 
of future Sanctuaries.
0
3. Amend Sec.  922.3 by revising the definition of ``Sanctuary 
resource'' to read as follows:


Sec.  922.3   Definitions.

* * * * *
    Sanctuary resource means any living or non-living resource of a 
National Marine Sanctuary that contributes to the conservation, 
recreational, ecological, historical, research, educational, or 
aesthetic value of the Sanctuary, including, but not limited to, the 
substratum of the area of the Sanctuary, other submerged features and 
the surrounding seabed, carbonate rock, corals and other bottom 
formations, coralline algae and other marine plants and algae, marine 
invertebrates, brine-seep biota, phytoplankton, zooplankton, fish, 
seabirds, sea turtles and other marine reptiles, marine mammals and 
historical resources. For Thunder Bay National Marine Sanctuary and 
Underwater Preserve, Sanctuary resource means an underwater cultural 
resource as defined at Sec.  922.191. For Wisconsin--Lake Michigan 
National Marine Sanctuary, sanctuary resource is defined at Sec.  
922.211(a).
* * * * *
0
4. Revise Sec.  922.40 to read as follows:


Sec.  922.40  Purpose.

    The purpose of the regulations in this subpart and in the site-
specific subparts is to implement the designations of the National 
Marine Sanctuaries by regulating activities affecting them, consistent 
with their respective terms of designation in order to protect, 
preserve and manage and thereby ensure the health, integrity and 
continued availability of the conservation, ecological, recreational, 
research, educational, historical and aesthetic resources and qualities 
of these areas. Additional purposes of the regulations implementing the 
designation of the Florida Keys and Hawaiian Islands Humpback Whale 
National Marine Sanctuaries are found at Sec. Sec.  922.160 and 
922.180, respectively.
0
5. Revise Sec.  922.41 to read as follows:


Sec.  922.41   Boundaries.

    The boundary for each of the National Marine Sanctuaries is set 
forth in the site-specific regulations covered by this part.
0
6. Revise Sec.  922.42 to read as follows:


Sec.  922.42   Allowed activities.

    All activities (e.g., fishing, boating, diving, research, 
education) may be conducted unless prohibited or otherwise regulated in 
the site-specific regulations covered by this part, subject to any 
emergency regulations promulgated under this part, subject to all 
prohibitions, regulations, restrictions, and conditions validly imposed 
by any Federal, State, or local authority of competent jurisdiction, 
including but not limited to, Federal, Tribal, and State fishery 
management authorities, and subject to the provisions of section 312 of 
the National Marine Sanctuaries Act (NMSA), (16 U.S.C. 1431 et seq.). 
The Assistant Administrator may only directly

[[Page 2276]]

regulate fishing activities pursuant to the procedure set forth in 
section 304(a)(5) of the NMSA.
0
7. Revise Sec.  922.43 to read as follows:


Sec.  922.43   Prohibited or otherwise regulated activities.

    The site-specific regulations applicable to the activities 
specified therein are set forth in the subparts covered by this part.
0
8. Revise Sec.  922.44 to read as follows:


Sec.  922.44   Emergency regulations.

    (a) Where necessary to prevent or minimize the destruction of, loss 
of, or injury to a Sanctuary resource or quality, or minimize the 
imminent risk of such destruction, loss, or injury, any and all such 
activities are subject to immediate temporary regulation, including 
prohibition.
    (b) The provisions of this section do not apply to the following 
national marine sanctuaries with site-specific regulations that 
establish procedures for issuing emergency regulations:
    (1) Cordell Bank National Marine Sanctuary, Sec.  922.112(e).
    (2) Florida Keys National Marine Sanctuary, Sec.  922.165.
    (3) Hawaiian Islands Humpback Whale National Marine Sanctuary, 
Sec.  922.185.
    (4) Thunder Bay National Marine Sanctuary, Sec.  922.196.
    (5) [Reserved]
    (6) Wisconsin--Lake Michigan National Marine Sanctuary, Sec.  
922.214.
0
9. Amend Sec.  922.47 by revising paragraph (b) to read as follows:


Sec.  922.47   Pre-existing authorizations or rights and certifications 
of pre-existing authorizations or rights.

* * * * *
    (b) The prohibitions listed in subparts F through P and R through T 
of this part do not apply to any activity authorized by a valid lease, 
permit, license, approval or other authorization in existence on the 
effective date of Sanctuary designation, or in the case of the Florida 
Keys National Marine Sanctuary the effective date of the regulations in 
subpart P, and issued by any Federal, State or local authority of 
competent jurisdiction, or by any valid right of subsistence use or 
access in existence on the effective date of Sanctuary designation, or 
in the case of the Florida Keys National Marine Sanctuary the effective 
date of the regulations in subpart P, provided that the holder of such 
authorization or right complies with certification procedures and 
criteria promulgated at the time of Sanctuary designation, or in the 
case of the Florida Keys National Marine Sanctuary the effective date 
of the regulations in subpart P, and with any terms and conditions on 
the exercise of such authorization or right imposed by the Director as 
a condition of certification as the Director deems necessary to achieve 
the purposes for which the Sanctuary was designated.
0
10. Revise Sec.  922.48 to read as follows:


Sec.  922.48   National Marine Sanctuary permits--application 
procedures and issuance criteria.

    (a) A person may conduct an activity prohibited by subparts F 
through O and S and T of this part, if conducted in accordance with the 
scope, purpose, terms and conditions of a permit issued under this 
section and subparts F through O and S and T, as appropriate. For the 
Florida Keys National Marine Sanctuary, a person may conduct an 
activity prohibited by subpart P of this part if conducted in 
accordance with the scope, purpose, terms and conditions of a permit 
issued under Sec.  922.166. For the Thunder Bay National Marine 
Sanctuary and Underwater Preserve, a person may conduct an activity 
prohibited by subpart R of this part in accordance with the scope, 
purpose, terms and conditions of a permit issued under Sec.  922.195.
    (b) Applications for permits to conduct activities otherwise 
prohibited by subparts F through O and S and T of this part, should be 
addressed to the Director and sent to the address specified in subparts 
F through O of this part, or subparts R through T of this part, as 
appropriate. An application must include:
    (1) A detailed description of the proposed activity including a 
timetable for completion;
    (2) The equipment, personnel and methodology to be employed;
    (3) The qualifications and experience of all personnel;
    (4) The potential effects of the activity, if any, on Sanctuary 
resources and qualities; and
    (5) Copies of all other required licenses, permits, approvals or 
other authorizations.
    (c) Upon receipt of an application, the Director may request such 
additional information from the applicant as he or she deems necessary 
to act on the application and may seek the views of any persons or 
entity, within or outside the Federal government, and may hold a public 
hearing, as deemed appropriate.
    (d) The Director, at his or her discretion, may issue a permit, 
subject to such terms and conditions as he or she deems appropriate, to 
conduct a prohibited activity, in accordance with the criteria found in 
subparts F through O of this part, or subparts R through T of this 
part, as appropriate. The Director shall further impose, at a minimum, 
the conditions set forth in the relevant subpart.
    (e) A permit granted pursuant to this section is nontransferable.
    (f) The Director may amend, suspend, or revoke a permit issued 
pursuant to this section for good cause. The Director may deny a permit 
application pursuant to this section, in whole or in part, if it is 
determined that the permittee or applicant has acted in violation of 
the terms and conditions of a permit or of the regulations set forth in 
this section or subparts F through O of this part, or subparts R 
through T of this part or for other good cause. Any such action shall 
be communicated in writing to the permittee or applicant by certified 
mail and shall set forth the reason(s) for the action taken. Procedures 
governing permit sanctions and denials for enforcement reasons are set 
forth in subpart D of 15 CFR part 904.
0
11. Revise Sec.  922.49 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 subparts L 
through P of this part, or subparts R through T of this part, 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:
    (1) The applicant notifies the Director, in writing, of the 
application for such authorization (and of any application for an 
amendment, renewal, or extension of such authorization) within fifteen 
(15) days of the date of filing of the application or the effective 
date of Sanctuary designation, or in the case of the Florida Keys 
National Marine Sanctuary the effective date of the regulations in 
subpart P, whichever is later;
    (2) The applicant complies with the other provisions of this 
section;
    (3) The Director notifies the applicant and authorizing agency that 
he or she does not object to issuance of the authorization (or 
amendment, renewal, or extension); and
    (4) The applicant complies with any terms and conditions the 
Director deems reasonably necessary to protect Sanctuary resources and 
qualities.
    (b) Any potential applicant for an authorization described in 
paragraph (a)

[[Page 2277]]

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 subparts L through P of this part, or subparts R through 
T of this part, as appropriate.
    (c) Notification of filings of applications should be sent to the 
Director, Office of National Marine Sanctuaries at the address 
specified in subparts L through P of this part, or subparts R through T 
of this part, as appropriate. A copy of the application must accompany 
the notification.
    (d) The Director may request additional information from the 
applicant as he or she deems reasonably necessary to determine whether 
to object to issuance of an authorization described in paragraph (a) of 
this section, or what terms and conditions are reasonably necessary to 
protect Sanctuary resources and qualities. The information requested 
must be received by the Director within 45 days of the postmark date of 
the request. The Director may seek the views of any persons on the 
application.
    (e) The Director shall notify, in writing, the agency to which 
application has been made of his or her pending review of the 
application and possible objection to issuance. Upon completion of 
review of the application and information received with respect 
thereto, the Director shall notify both the agency and applicant, in 
writing, whether he or she has an objection to issuance and what terms 
and conditions he or she deems reasonably necessary to protect 
Sanctuary resources and qualities, and reasons therefor.
    (f) The Director may amend the terms and conditions deemed 
reasonably necessary to protect Sanctuary resources and qualities 
whenever additional information becomes available justifying such an 
amendment.
    (g) Any time limit prescribed in or established under this section 
may be extended by the Director for good cause.
    (h) The applicant may appeal any objection by, or terms or 
conditions imposed by, the Director to the Assistant Administrator or 
designee in accordance with the provisions of Sec.  922.50.
0
12. Revise Sec.  922.50 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 subparts L through P and 
R through T of this part, 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:
    (i) The granting, denial, conditioning, amendment, suspension or 
revocation by the Director of a National Marine Sanctuary or Special 
Use permit;
    (ii) The conditioning, amendment, suspension or revocation of a 
certification under Sec.  922.47; or
    (iii) For those Sanctuaries described in subparts L through P and 
subpart R through T, the objection to issuance of or the imposition of 
terms and conditions on a lease, permit, license or other authorization 
issued by any Federal, State, or local authority of competent 
jurisdiction.
    (2) For those National Marine Sanctuaries described in subparts F 
through K and S and T of this part, any interested person may also 
appeal the same actions described in paragraphs (a)(1)(i) and (ii) of 
this section. For appeals arising from actions taken with respect to 
these National Marine Sanctuaries, the term ``appellant'' includes any 
such interested persons.
    (b) An appeal under paragraph (a) of this section must be in 
writing, state the action(s) by the Director appealed and the reason(s) 
for the appeal, and be received within 30 days of receipt of notice of 
the action by the Director. Appeals should be addressed to the 
Assistant Administrator for Ocean Services and Coastal Zone Management, 
NOAA 1305 East-West Highway, 13th Floor, Silver Spring, MD 20910.
    (c)(1) The Assistant Administrator may request the appellant to 
submit such information as the Assistant Administrator deems necessary 
in order for him or her to decide the appeal. The information requested 
must be received by the Assistant Administrator within 45 days of the 
postmark date of the request. The Assistant Administrator may seek the 
views of any other persons. For the Monitor National Marine Sanctuary, 
if the appellant has requested a hearing, the Assistant Administrator 
shall grant an informal hearing. For all other National Marine 
Sanctuaries, the Assistant Administrator may determine whether to hold 
an informal hearing on the appeal. If the Assistant Administrator 
determines that an informal hearing should be held, the Assistant 
Administrator may designate an officer before whom the hearing shall be 
held.
    (2) The hearing officer shall give notice in the Federal Register 
of the time, place and subject matter of the hearing. The appellant and 
the Director may appear personally or by counsel at the hearing and 
submit such material and present such arguments as deemed appropriate 
by the hearing officer. Within 60 days after the record for the hearing 
closes, the hearing officer shall recommend a decision in writing to 
the Assistant Administrator.
    (d) The Assistant Administrator shall decide the appeal using the 
same regulatory criteria as for the initial decision and shall base the 
appeal decision on the record before the Director and any information 
submitted regarding the appeal, and, if a hearing has been held, on the 
record before the hearing officer and the hearing officer's recommended 
decision. The Assistant Administrator shall notify the appellant of the 
final decision and the reason(s) therefore in writing. The Assistant 
Administrator's decision shall constitute final agency action for the 
purpose of the Administrative Procedure Act.
    (e) Any time limit prescribed in or established under this section 
other than the 30-day limit for filing an appeal may be extended by the 
Assistant Administrator or hearing office for good cause.

Subpart S--[Added and Reserved]

0
13. Add and reserve subpart S.
0
14. Add subpart T to read as follows:
SUBPART T--WISCONSIN-LAKE MICHIGAN NATIONAL MARINE SANCTUARY
Sec.
922.210 Boundary.
922.211 Definitions.
922.212 Co-management.
922.213 Prohibited or otherwise regulated activities.
922.214 Emergency regulations.
922.215 Permit procedures and review criteria.
922.216 Certification of preexisting leases, licenses, permits, 
approvals, other authorizations, or rights to conduct a prohibited 
activity.
Appendix A to Subpart T of Part 922--Wisconsin-Lake Michigan Marine 
Sanctuary Boundary Description and Coordinates of the Lateral 
Boundary Closures and Excluded Areas
Appendix B to Subpart T of Part 922--Wisconsin-Lake Michigan Marine 
Sanctuary Terms of Designation


Sec.  922.210   Boundary.

    The Wisconsin-Lake Michigan National Marine Sanctuary consists of 
an area of approximately 812 square nautical miles (nmi2) (1,075 sq. 
mi) of

[[Page 2278]]

Lake Michigan waters within the state of Wisconsin and the submerged 
lands thereunder, over, around, and under the submerged underwater 
cultural resources in Lake Michigan. The precise boundary coordinates 
are listed in appendix A to this subpart. The eastern boundary of the 
sanctuary begins approximately 9.5 miles east of the Wisconsin 
shoreline in Lake Michigan at Point 1 roughly on the border between 
Manitowoc and Kewaunee County. From this point the boundary continues 
SSW in a straight line to Point 2 and then SW to Point 3 at roughly the 
border between Ozaukee and Milwaukee County. From this point the 
boundary continues west towards Point 4 until it intersects the 
shoreline at the ordinary high water mark near Mequon, WI. From this 
intersection the boundary continues north following the shoreline 
cutting across the mouths of creeks and streams until it intersects the 
line segment formed between Point 5 and Point 6 at the end of the 
southern breakwater at the mouth of Sauk Creek at Port Washington. From 
this intersection the boundary continues across the river mouth towards 
Point 6 until it intersects the shoreline at the ordinary high water 
mark at the end of the northern breakwater. From this intersection the 
boundary continues north following the shoreline until it intersects 
the line segment formed between Point 7 and Point 8 at the end of the 
southern breakwater at the mouth of the Sheboygan River. From this 
intersection the boundary continues across the river mouth towards 
Point 8 until it intersects the shoreline at the ordinary high water 
mark at the end of the northern breakwater. From this intersection the 
boundary continues north along the shoreline until it intersects the 
line segment formed between Point 9 and Point 10 at the end of the 
southern breakwater at the mouth of Manitowoc Harbor. From this 
intersection the boundary continues across the harbor mouth towards 
Point until it intersects the shoreline at the ordinary high water 
mark10 at the end of the northern breakwater. From this intersection 
the boundary continues north following the shoreline until it 
intersects the line segment formed between Point 11 and Point 12 at the 
end of the western breakwater at the mouth of East Twin River. From 
this intersection the boundary continues across the river mouth towards 
Point 12 until it intersects the shoreline at the ordinary high water 
mark at the end of the eastern breakwater. From this intersection the 
boundary follows the shoreline NE around Rawley Point and then NNW 
until it intersects the line segment formed between Point 13 and Point 
14 along the shoreline at approximately the border between Manitowoc 
and Kewaunee County near Twin Creeks, WI. Finally, from this 
intersection the boundary moves east across Lake Michigan to Point 14.


Sec.  922.211   Definitions.

    (a) The following terms are defined for purposes of this subpart:
    (1) Sanctuary resource means all prehistoric, historic, 
archaeological, and cultural sites and artifacts within the sanctuary 
boundary, including but not limited to, all shipwrecks and related 
components.
    (2) Shipwreck site means any sunken watercraft, its components, 
cargo, contents, and associated debris field.
    (b) All other terms appearing in the regulations in this subpart 
are defined at 15 CFR 922.3, and/or in the Marine Protection, Research, 
and Sanctuaries Act, as amended, 33 U.S.C. 1401 et seq., and 16 U.S.C. 
1431 et seq.


Sec.  922.212  Co-management.

    NOAA has primary responsibility for the management of the Sanctuary 
pursuant to the Act. However, as the Sanctuary is in state waters, NOAA 
will co-manage the Sanctuary in collaboration with the State of 
Wisconsin. The Director may enter into a Memorandum of Understanding 
regarding this collaboration that may address, but not be limited to, 
such aspects as areas of mutual concern, including Sanctuary resource 
protection, programs, permitting, activities, development, and threats 
to Sanctuary resources.


Sec.  922.213  Prohibited or otherwise regulated activities.

    (a) Except as specified in paragraph (b) of this section, the 
following activities are prohibited and thus are unlawful for any 
person to conduct or to cause to be conducted:
    (1) Moving, removing, recovering, altering, destroying, possessing, 
or otherwise injuring, or attempting to move, remove, recover, alter, 
destroy, possess or otherwise injure a sanctuary resource.
    (2) Grappling into or anchoring on shipwreck sites.
    (3) Interfering with, obstructing, delaying or preventing an 
investigation, search, seizure or disposition of seized property in 
connection with enforcement of the Act or any regulation or any permit 
issued under the Act.
    (b) The prohibitions in paragraphs (a)(1) through (3) of this 
section do not apply to any activity necessary to respond to an 
emergency threatening life, property or the environment; or to 
activities necessary for valid law enforcement purposes.


Sec.  922.214  Emergency regulations.

    (a) Where necessary to prevent or minimize the destruction of, loss 
of, or injury to a Sanctuary resource, or to minimize the imminent risk 
of such destruction, loss, or injury, any and all activities are 
subject to immediate temporary regulation, including prohibition. An 
emergency regulation shall not take effect without the approval of the 
Governor of Wisconsin or her/his designee or designated agency.
    (b) Emergency regulations remain in effect until a date fixed in 
the rule or six months after the effective date, whichever is earlier. 
The rule may be extended once for not more than six months.


Sec.  922.215  Permit procedures and review criteria.

    (a) Authority to issue general permits. The Director may allow a 
person to conduct an activity that would otherwise be prohibited by 
this subpart, through issuance of a general permit, provided the 
applicant complies with:
    (1) The provisions of subpart E of this part; and
    (2) The relevant site specific regulations appearing in this 
subpart.
    (b) Sanctuary general permit categories. The Director may issue a 
sanctuary general permit under this subpart, subject to such terms and 
conditions as he or she deems appropriate, if the Director finds that 
the proposed activity falls within one of the following categories:
    (1) Research--activities that constitute scientific research on or 
scientific monitoring of national marine sanctuary resources or 
qualities;
    (2) Education--activities that enhance public awareness, 
understanding, or appreciation of a national marine sanctuary or 
national marine sanctuary resources or qualities; or
    (3) Management--activities that assist in managing a national 
marine sanctuary.
    (c) Review criteria. The Director shall not issue a permit under 
this subpart, unless he or she also finds that:
    (1) The proposed activity will be conducted in a manner compatible 
with the primary objective of protection of national marine sanctuary 
resources and qualities, taking into account the following factors:
    (i) The extent to which the conduct of the activity may diminish or 
enhance national marine sanctuary resources and qualities; and

[[Page 2279]]

    (ii) Any indirect, secondary or cumulative effects of the activity.
    (2) It is necessary to conduct the proposed activity within the 
national marine sanctuary to achieve its stated purpose.
    (3) The methods and procedures proposed by the applicant are 
appropriate to achieve the proposed activity's stated purpose and 
eliminate, minimize, or mitigate adverse effects on sanctuary resources 
and qualities as much as possible.
    (4) The duration of the proposed activity and its effects are no 
longer than necessary to achieve the activity's stated purpose.
    (5) The expected end value of the activity to the furtherance of 
national marine sanctuary goals and purposes outweighs any potential 
adverse impacts on sanctuary resources and qualities from the conduct 
of the activity.
    (6) The applicant is professionally qualified to conduct and 
complete the proposed activity.
    (7) The applicant has adequate financial resources available to 
conduct and complete the proposed activity and terms and conditions of 
the permit.
    (8) There are no other factors that would make the issuance of a 
permit for the activity inappropriate.


Sec.  922.216  Certification of preexisting leases, licenses, permits, 
approvals, other authorizations, or rights to conduct a prohibited 
activity.

    (a) A person may conduct an activity prohibited by Sec.  
922.213(a)(1) through (3) if such activity is specifically authorized 
by a valid Federal, state, or local lease, permit, license, approval, 
or other authorization, or tribal right of subsistence use or access in 
existence prior to the effective date of sanctuary designation and 
within the sanctuary designated area and complies with Sec.  922.49 and 
provided that the holder of the lease, permit, license, approval, or 
other authorization complies with the requirements of paragraph (e) of 
this section.
    (b) In considering whether to make the certifications called for in 
this section, the Director may seek and consider the views of any other 
person or entity, within or outside the Federal government, and may 
hold a public hearing as deemed appropriate.
    (c) The Director may amend, suspend, or revoke any certification 
made under this section whenever continued operation would otherwise be 
inconsistent with any terms or conditions of the certification. Any 
such action shall be forwarded in writing to both the holder of the 
certified permit, license, or other authorization and the issuing 
agency and shall set forth reason(s) for the action taken.
    (d) Requests for findings or certifications should be addressed to 
the Director, Office of National Marine Sanctuaries; ATTN: Sanctuary 
Superintendent, Wisconsin-Lake Michigan National Marine Sanctuary, 1305 
East-West Hwy, 11th Floor, Silver Spring, MD 20910. A copy of the 
lease, permit, license, approval, or other authorization must accompany 
the request.
    (e) For an activity described in paragraph (a) of this section, the 
holder of the authorization or right may conduct the activity 
prohibited by Sec.  922.213(a)(1) through (3) provided that:
    (1) The holder of such authorization or right notifies the 
Director, in writing, within 180 days of the effective date of 
Sanctuary designation, of the existence of such authorization or right 
and requests certification of such authorization or right;
    (2) The holder complies with the other provisions of this section; 
and
    (3) The holder complies with any terms and conditions on the 
exercise of such authorization or right imposed as a condition of 
certification, by the Director, to achieve the purposes for which the 
Sanctuary was designated.
    (f) The holder of an authorization or right described in paragraph 
(a) of this section authorizing an activity prohibited by Sec.  922.213 
may conduct the activity without being in violation of applicable 
provisions of Sec.  922.213, pending final agency action on his or her 
certification request, provided the holder is otherwise in compliance 
with this section.
    (g) The Director may request additional information from the 
certification requester as he or she deems reasonably necessary to 
condition appropriately the exercise of the certified authorization or 
right to achieve the purposes for which the Sanctuary was designated. 
The Director must receive the information requested within 45 days of 
the postmark date of the request. The Director may seek the views of 
any persons on the certification request.
    (h) The Director may amend any certification made under this 
section whenever additional information becomes available that he/she 
determines justifies such an amendment.
    (i) Upon completion of review of the authorization or right and 
information received with respect thereto, the Director shall 
communicate, in writing, any decision on a certification request or any 
action taken with respect to any certification made under this section, 
in writing, to both the holder of the certified lease, permit, license, 
approval, other authorization, or right, and the issuing agency, and 
shall set forth the reason(s) for the decision or action taken.
    (j) The holder may appeal any action conditioning, amending, 
suspending, or revoking any certification in accordance with the 
procedures set forth in Sec.  922.50.
    (k) Any time limit prescribed in or established under this section 
may be extended by the Director for good cause.

Appendix A to Subpart T of Part 922--Wisconsin-Lake Michigan Marine 
Sanctuary Boundary Description and Coordinates of the Lateral Boundary 
Closures and Excluded Areas

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

                   Table A1--Coordinates for Sanctuary
------------------------------------------------------------------------
                   Point ID                       Latitude    Longitude
------------------------------------------------------------------------
1.............................................     44.32749    -87.34795
2.............................................     43.45716    -87.48817
3.............................................     43.19198    -87.62813
4 *...........................................     43.19203    -87.89245
5 *...........................................     43.38447    -87.86079
6 *...........................................     43.38523    -87.85963
7 *...........................................     43.74858    -87.69479
8 *...........................................     43.74946    -87.69265
9 *...........................................     44.09135    -87.64377
10 *..........................................     44.09262    -87.64373
11 *..........................................     44.14226    -87.56161
12 *..........................................     44.14267    -87.56069
13 *..........................................     44.32751    -87.54400
14............................................     44.32749    -87.34795
------------------------------------------------------------------------


    Note: The coordinates in the table above marked with an asterisk 
(*) are not a part of the sanctuary boundary. These coordinates are 
landward reference points used to draw a line segment that 
intersects with the shoreline.


Appendix B to Subpart T of Part 922--Wisconsin-Lake Michigan Marine 
Sanctuary Terms of Designation

    Terms of Designation for the Proposed Wisconsin-Lake Michigan 
National Marine Sanctuary Under the authority of the National Marine 
Sanctuaries Act, as amended (the ``Act'' or ``NMSA''), 16 U.S.C. 
1431 et seq., 1,075 square miles of Lake Michigan off the coast of 
Wisconsin's coastal counties of Ozaukee, Sheboygan and Manitowoc are 
hereby designated as a National Marine Sanctuary for the purposes of 
providing long-term protection and management of the historical 
resources and recreational, research, educational, and aesthetic 
qualities of the area.

[[Page 2280]]

Article I: Effect of Designation

    The NMSA authorizes the issuance of such regulations as are 
necessary and reasonable to implement the designation, including 
managing and protecting the historical resources and recreational, 
research, and educational qualities of the Wisconsin-Lake Michigan 
National Marine Sanctuary (the ``Sanctuary''). Section 1 of Article 
IV of this Designation Document lists those activities that may have 
to be regulated on the effective date of designation, or at some 
later date, in order to protect Sanctuary resources and qualities. 
Listing an activity does not necessarily mean that it will be 
regulated; however, if an activity is not listed it may not be 
regulated, except on an emergency basis, unless Section 1 of Article 
IV is amended by the same procedures by which the original Sanctuary 
designation was made.

Article II: Description of the Area

    The Wisconsin-Lake Michigan National Marine Sanctuary consists 
of an area of approximately 812 square nautical miles (nmi2) (1,075 
sq. mi) of Lake Michigan waters within the state of Wisconsin and 
the submerged lands thereunder, over, around, and under the 
submerged underwater cultural resources in Lake Michigan. The 
eastern boundary of the sanctuary begins approximately 9.5 miles 
east of the Wisconsin shoreline in Lake Michigan roughly on the 
border between Manitowoc and Kewaunee County. From this point the 
boundary continues in Lake Michigan roughly to the SSW until it 
intersects the border between Ozaukee and Milwaukee County at a 
point approximately 13 miles east of the shoreline. The southern 
boundary continues west approximating the border between these same 
two counties until it intersects the shoreline near Mequon, WI. The 
western boundary continues north following the shoreline for 
approximately 90 miles cutting across the mouths of rivers and 
streams; specifically those of Sauk Creek at Port Washington, the 
Sheboygan River at Sheboygan, Manitowoc Harbor as Manitowoc, and 
East Twin River at Two Rivers as well as any other smaller streams 
and creeks. The western boundary ends at roughly the border between 
Manitowoc and Kewaunee County along the shoreline near Twin Creeks, 
WI. The northern boundary continues from the shoreline east 
approximating the border between these same two counties back to its 
point of origin 9.5 miles offshore.

Article III: Special Characteristics of the Area

    The historic shipwrecks in the Wisconsin-Lake Michigan National 
Marine Sanctuary are representative of vessels that sailed and 
steamed the Lake Michigan corridor, carrying grain and raw materials 
east as other vessels came west loaded with coal, manufactured good, 
and immigrants. Eighteen of the 37 shipwrecks are listed on the 
National Register of Historic Places. Many of the shipwrecks in the 
proposed sanctuary retain an unusual degree of architectural 
integrity, with 14 vessels virtually intact. Well preserved by Lake 
Michigan's cold, fresh water, the shipwrecks and related underwater 
cultural sites in and around the Wisconsin-Lake Michigan National 
Marine Sanctuary possess exceptional historical, archaeological and 
recreational value.

Article IV: Scope of Regulations

    Section 1. Activities Subject to Regulation. The following 
activities are subject to regulation, including prohibition, to the 
extent necessary and reasonable to ensure the protection and 
management of the historical resources and recreational, research 
and educational qualities of the area:
    a. Damaging sanctuary resources.
    b. Using grappling hooks and anchors at shipwreck sites.
    c. Interfering with, obstructing, delaying or preventing an 
investigation, search, seizure or disposition of seized property in 
connection with enforcement of the Act or any regulation issued 
under the Act.
    d. Reporting shipwreck discoveries and locations to the 
sanctuary.
    Section 2. Emergencies. Where necessary to prevent or minimize 
the destruction of, loss of, or injury to a Sanctuary resource or 
quality; or minimize the imminent risk of such destruction, loss, or 
injury, any activity, including those not listed in Section 1, is 
subject to immediate temporary regulation. An emergency regulation 
shall not take effect without the approval of the Governor of 
Wisconsin or her/his designee or designated agency.

Article V: Relation to Other Regulatory Programs

    Section 1. Fishing Regulations, Licenses, and Permits. Fishing 
in the Sanctuary shall not be regulated as part of the Sanctuary 
management regime authorized by the Act. However, fishing in the 
Sanctuary may be regulated by other Federal, State, Tribal and local 
authorities of competent jurisdiction, and designation of the 
Sanctuary shall have no effect on any regulation, permit, or license 
issued thereunder.
    Section 2. Other Regulations, Licenses, and Permits. If any 
valid regulation issued by any Federal, state, Tribal, or local 
authority of competent jurisdiction, regardless of when issued, 
conflicts with a Sanctuary regulation, the regulation deemed by the 
Director of the Office of National Marine Sanctuaries, National 
Oceanic and Atmospheric Administration, or designee, in consultation 
with the State of Wisconsin, to be more protective of Sanctuary 
resources and qualities shall govern. Pursuant to section 304(c)(1) 
of the Act, 16 U.S.C. 1434(c)(1), no valid lease, permit, license, 
approval, or other authorization issued by any Federal, State, 
Tribal, or local authority of competent jurisdiction, or any right 
of subsistence use or access, may be terminated by the Secretary of 
Commerce, or designee, as a result of this designation, or as a 
result of any Sanctuary regulation, if such lease, permit, license, 
approval, or other authorization, or right of subsistence use or 
access was issued or in existence as of the effective date of this 
designation. However, the Secretary of Commerce or designee, in 
consultation with the State of Wisconsin, may regulate the exercise 
of such authorization or right consistent with the purposes for 
which the Sanctuary is designated.

Article VI. Alteration of This Designation

    The terms of designation may be modified only by the same 
procedures by which the original designation is made, including 
public meetings, consultation according to the NMSA.

[FR Doc. 2016-31741 Filed 1-6-17; 8:45 am]
 BILLING CODE 03510-NK-P