Florida Keys National Marine Sanctuary: Establishment of Temporary Special Use Area for Coral Nursery, 68100-68102 [2024-18844]
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Federal Register / Vol. 89, No. 164 / Friday, August 23, 2024 / Rules and Regulations
(49 U.S.C. 44703 note); articles 12 and 29 of
the Convention on International Civil
Aviation (61 Stat. 1180), (126 Stat. 11).
Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701–44702, 44705, 44710–44711, 44713,
44716–44717, 44722.
4. Amend § 91.517 by revising
paragraph (a) to read as follows:
■
■
§ 91.517
8. Amend § 125.207 by revising
paragraph (a)(3) to read as follows:
Passenger information.
(a) Except as provided in paragraph
(b) of this section, no person may
operate an airplane carrying passengers
unless it is equipped with signs that are
visible to passengers and flight
attendants to notify them when smoking
is prohibited and when safety belts must
be fastened.
(1) The signs that notify when safety
belts must be fastened must be so
constructed that the crew can turn them
on and off.
(2) The signs that prohibit smoking
and signs that notify when safety belts
must be fastened must be illuminated
during airplane movement on the
surface, for each takeoff, for each
landing, and when otherwise
considered to be necessary by the pilot
in command.
*
*
*
*
*
PART 121—OPERATING
REQUIREMENTS: DOMESTIC, FLAG,
AND SUPPLEMENTAL OPERATIONS
9. Amend § 125.217 by revising
paragraph (a) to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40103,
40113, 40119, 41706, 42301 preceding note
added by Pub. L. 112–95, sec. 412, 126 Stat.
89, 44101, 44701–44702, 44705, 44709–
44711, 44713, 44716–44717, 44722, 44729,
44732; 46105; Pub. L. 111–216, 124 Stat.
2348 (49 U.S.C. 44701 note); Pub. L. 112–95,
126 Stat. 62 (49 U.S.C. 44732 note); Pub. L.
115–254, 132 Stat. 3186 (49 U.S.C. 44701
note).
6. Amend § 121.317 by revising
paragraph (a) to read as follows:
■
§ 121.317 Passenger information
requirements, smoking prohibitions, and
additional seat belt requirements.
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(a) Except as provided in paragraph (l)
of this section, no person may operate
an airplane unless it is equipped with
passenger information signs that meet
the requirements of § 25.791 of this
chapter.
*
*
*
*
*
PART 125—CERTIFICATION AND
OPERATIONS: AIRCRAFT HAVING A
SEATING CAPACITY OF 20 OR MORE
PASSENGERS OR A MAXIMUM
PAYLOAD CAPACITY OF 6,000
POUNDS OR MORE; AND RULES
GOVERNING PERSONS ON BOARD
SUCH AIRCRAFT
7. The authority citation for part 125
continues to read as follows:
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16:00 Aug 22, 2024
Jkt 262001
(a) * * *
(3) Signs that meet the following
requirements:
(i) Signs that are visible to all
occupants to notify them when safety
belts should be fastened. These signs
must be so constructed that they can be
turned on and off by a crewmember.
They must be turned on for each takeoff
and each landing and when otherwise
considered to be necessary by the pilot
in command.
(ii) Signs that are visible to all
occupants to notify them when smoking
is prohibited. These signs must be
turned on for each takeoff and each
landing and when otherwise considered
to be necessary by the pilot in
command.
*
*
*
*
*
■
5. The authority citation for part 121
continues to read as follows:
■
■
§ 125.207 Emergency equipment
requirements.
§ 125.217
Passenger information.
(a) Except as provided in paragraph
(b) of this section, no person may
operate an airplane carrying passengers
unless it is equipped with signs that
meet the requirements of § 25.791 of this
chapter and that are visible to
passengers and flight attendants to
notify them when smoking is prohibited
and when safety belts must be fastened.
(1) The signs that notify when safety
belts must be fastened must be so
constructed that the crew can turn them
on and off.
(2) The signs that prohibit smoking
and signs that notify when safety belts
must be fastened must be illuminated
during airplane movement on the
surface, for each takeoff, for each
landing, and when otherwise
considered to be necessary by the pilot
in command.
*
*
*
*
*
Issued under authority provided by 49
U.S.C. 106(f), 44701(a), and 41706(e) in
Washington, DC.
Michael Gordon Whitaker,
Administrator.
[FR Doc. 2024–18602 Filed 8–22–24; 8:45 am]
BILLING CODE 4910–13–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 922
Florida Keys National Marine
Sanctuary: Establishment of
Temporary Special Use Area for Coral
Nursery
Office of National Marine
Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Extension of temporary special
use areas.
AGENCY:
On July 27, 2024, the National
Oceanic and Atmospheric
Administration (NOAA) issued an
interim final rule establishing three
special use areas within Federal waters
of the Florida Keys National Marine
Sanctuary (FKNMS) from July 27, 2024
through August 26, 2024. This notice
extends the temporary special use areas
an additional 60 days. The special use
areas prohibit all entry except for
restoration activities under a valid
Office of National Marine Sanctuaries
(ONMS) permit, continuous transit
without interruption, and for law
enforcement purposes, from August 26,
2024 to October 25, 2024. This
temporary rule is necessary to prevent
or minimize destruction of, loss of, or
injury to sanctuary resources,
specifically to facilitate restoration
activities to improve or repair living
habitats through protecting coral
nursery stock at this site from potential
impacts caused by anchor damage and/
or fishing gear. This extension is
necessary to protect the corals in the
temporary special use areas until water
temperatures cool and all of the corals
are moved back to the original in-shore
permitted nursery site. This temporary
special use area will expire within 120
days from the date it was established.
DATES: The effective period for the
interim final rule, temporary emergency
rule published July 27, 2024, at 89 FR
53483, is extended. This extension of
this rule is effective August 26, 2024
through October 25, 2024.
ADDRESSES: Sarah Fangman,
Superintendent, Florida Keys National
Marine Sanctuary, 33 East Quay Road,
Key West, FL 33040, 305–360–2713
phone, or by email at sarah.fangman@
noaa.gov.
Additional background materials can
be found on the FKNMS website at
https://floridakeys.noaa.gov.
SUMMARY:
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Federal Register / Vol. 89, No. 164 / Friday, August 23, 2024 / Rules and Regulations
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FOR FURTHER INFORMATION CONTACT:
Sarah Fangman, Superintendent,
Florida Keys National Marine
Sanctuary, 33 East Quay Road, Key
West, FL 33040, 305–360–2713 phone,
or by email at sarah.fangman@noaa.gov.
SUPPLEMENTARY INFORMATION: On July
27, 2024, NOAA issued an interim final
rule, temporary emergency rule (RIN
0648–BN10) creating three temporary
special use areas for the purpose of coral
restoration within Federal waters of
FKNMS for 60 days with the possibility
of extending an additional 60 days
following public notice (89 FR 53483).
Section 15 CFR 922.164(e) of the
FKNMS regulations allows the ONMS
Director to set aside discrete areas of the
Sanctuary as special use areas in order
to provide for, among other uses, the
restoration of degraded or otherwise
injured sanctuary resources (15 CFR
922.164(e)(1)(i)). A special use area shall
be no larger than the size the ONMS
Director deems reasonably necessary to
accomplish the applicable objective. No
person may enter a special use area
except to conduct restoration activities
under a valid ONMS permit, continuous
transit without interruption, or law
enforcement purposes. Activities that
are currently allowed in the area,
including fishing, are prohibited.
These temporary special use areas
were established to limit the potential
for physical impact to coral nurseries
that were temporarily relocated to
deeper waters to protect the nursery
corals from heat stress caused by the
current on-going marine heat wave.
Creation of these temporary special use
areas limits the potential for physical
impact to this sensitive coral nursery
stock from anchoring, unintentional
fouling of fishing gear, and bottom
tending fishing gear including traps.
The ONMS Director determined that the
size of 0.07 square miles for each site is
no larger than the size reasonably
necessary to protect the coral nursery
stock from physical damage. The
original rule established these special
use areas for 60 days, until August 26,
2024, with the possibility of one 60-day
extension. NOAA has determined a 60day extension is necessary to protect the
corals in the temporary special use areas
until water temperatures cool and all of
the corals are moved back to the original
in-shore permitted nursery sites.
NOAA will continue to provide notice
of the location of these areas through
sanctuary radio announcements, press
releases, and with assistance from the
U.S. Coast Guard and FKNMS staff.
NOAA has requested the U.S. Coast
Guard give an additional notification to
vessels, via notice to mariners, to
VerDate Sep<11>2014
16:00 Aug 22, 2024
Jkt 262001
remain in continuous transit through
this temporary area through October 25,
2024.
Justification for Emergency Action and
Extension
The establishment of the three
temporary special use areas was taken
in accordance with 15 CFR 922.165 of
the FKNMS regulations (62 FR 32154,
June 12, 1997). Section 922.165
provides that, where necessary to
prevent or minimize the destruction of,
loss of, or injury to a Sanctuary
resource, any and all activities are
subject to immediate temporary
regulation, including prohibition, for up
to 60 days, with one 60-day extension.
This notification is for one 60-day
extension to allow water temperatures
to cool and complete the relocation of
the corals from these off-shore
temporary special use areas back to the
original in-shore permitted nursery site.
The interim final rule was
necessitated by anticipation of a marine
heat wave this summer that would
impact and likely kill coral reefs in the
Florida Keys at an unprecedented rate
and scale. These conditions are
unsustainable for coral reef ecosystems,
and those at most risk are the coral
nursery stock because these are located
in shallow, nearshore protected
environments that heat up much more
than offshore locations. There are
currently 14 active coral nursery sites
throughout the Florida Keys. These
nursery sites are strategically located in
close proximity to the sites where the
nursery coral will be outplanted to
promote coral restoration. Active coral
restoration in the Florida Keys is
necessary to facilitate coral restoration,
as in the last 40 years, healthy coral
cover in the Florida Keys reefs has
declined by more than 90 percent.
NOAA and restoration partners
identified these three deepwater
locations because they maintain
temperatures below the bleaching
threshold, are not exposed to
deleterious levels of ultraviolet (UV)
radiation, and experience substantial
water movement, all conditions more
conducive to coral survival. A portion of
the most valuable corals, including
representative colonies of each species
of boulder and branching corals,
samples of elkhorn coral, staghorn coral,
star corals (Orbicella spp.), pillar corals
and cactus coral listed under the
Endangered Species Act, as well as
multiple representative genotypes of
these corals to ensure we protect the
genetic diversity of these species, were
relocated to deeper water sites within
FKNMS Federal waters. Temperature
meters at these deep sites have
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68101
consistently shown readings below the
bleaching threshold of 30.5° Celsius (C).
This extension of NOAA’s emergency
action maintains the offshore temporary
special use areas to continue to limit the
potential for physical impact to this
sensitive coral nursery stock until
temperatures cool and corals may be
relocated back to the original inshore
permitted nursery sites. These sensitive
corals are being grown to support
critical sanctuary restoration efforts and
could be impacted from anchoring,
unintentional fouling of fishing gear,
and bottom tending fishing gear
including traps. The protections
afforded by maintaining these special
use areas need to be in place to avoid
further damage to these sensitive
nursery corals that have already
experienced impact from heat stress. As
such, a 60-day extension of these special
use areas is necessary to prevent or
minimize the destruction of, loss of, or
injury to Sanctuary resources.
Emergency Measures
The 60-day extension of this interim
final rule continues the applicability of
three special use areas, approximately
0.07 square miles in size for each site,
into which all entry will be prohibited
except for conducting restoration
activities under a valid ONMS permit,
continuous transit without interruption,
and law enforcement purposes. These
special use areas were created for 60
days from July 27, 2024 until August 26,
2024. This action extends the temporary
special use areas for an additional 60
days, until October 25, 2024.
The coordinates for this temporary
special use area are included in
Appendix VI to Subpart P of Part 922
and in the July 27, 2024 Federal
Register (89 FR 53483).
Location and Boundary
Effective from July 27, 2024 through
October 25, 2024, all entry except for
conducting restoration activities under a
valid ONMS permit, continuous transit
without interruption, and law
enforcement purposes is prohibited
within these temporary special use
areas. The boundaries for the special use
areas begin at Point 1 in each of the
coordinates in Appendix VI to Subpart
P of Part 922 and continue to each
subsequent point in numerical order
ending at Point 5. (Coordinates are
unprojected (Geographic) and based on
the North American Datum of 1983).
1. Tavernier Special Use Area
(Temporary)
The first of these special use areas
was created in 2023 with a final
temporary rule (88 FR 60887, September
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68102
Federal Register / Vol. 89, No. 164 / Friday, August 23, 2024 / Rules and Regulations
6, 2023), and proved to be a very good
temporary location for moving the coral
nursery stock given that there was
double the survivorship of nursery coral
relocated to this deeper water site as
compared to nursery coral that
remained at inshore, shallow sites. It is
approximately five miles southeast of
the community of Tavernier, on the
island of Key Largo.
2. Marathon Special Use Area
(Temporary)
The second area is located within
Federal open waters of the Atlantic
Ocean, approximately four miles
offshore from the City of Key Colony
Beach/Marathon.
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3. Looe Key Special Use Area
(Temporary)
The third area is located within
Federal open waters of the Atlantic
Ocean, approximately 6.5 miles offshore
from Summerland Key. Looe Key
Special Use Area includes within its
boundary one mooring buoy that is used
by private individuals or diving and
fishing charter operators, which is
unavailable for these uses while the
temporary special use area restrictions
are in place. This is one of 47 total
mooring buoys in the vicinity of Looe
Key, representing 2% of the total
mooring buoy availability in this area
(or 0.22% of all mooring buoys available
throughout the sanctuary). Currently
within this area anchoring is prohibited
on living coral other than hardbottom in
water depths less than 40 feet when
visibility is such that the seabed can be
seen (15 CFR 922.163(a)(5)(ii)), and in
Looe Key Sanctuary Preservation Area,
anchoring is prohibited if a mooring
buoy is available or if conducted
anywhere other than a designated
anchoring area when such areas have
been designated and are available (15
CFR 922.164(d)(1)(vi)).
Penalties
Pursuant to 16 U.S.C. 1437(d)(1) and
15 CFR 922.8(a), any person who
violates this rule is subject to a civil
penalty. The maximum civil monetary
penalty authorized under the National
Marine Sanctuaries Act (NMSA) has
been adjusted for inflation over time
and is currently $216,972 per violation
per day. See 15 CFR 6.3(f)(13).
Furthermore, NMSA authorizes a
proceeding in rem against any vessel
used in violation of this regulation. See
16 U.S.C. 1437(d)(3).
Classification
A. National Marine Sanctuaries Act
This action is issued pursuant to the
National Marine Sanctuaries Act, 16
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16:00 Aug 22, 2024
Jkt 262001
U.S.C. 1431 et seq. and implementing
regulations at 15 CFR part 922. This
action is being taken pursuant to the
emergency provision of the Florida Keys
National Marine Sanctuary regulations
at 15 CFR 922.164(e) and 922.165.
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0225 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
B. Administrative Procedure Act
In the interim final rule, 89 FR 53483,
the Assistant Administrator of the
National Ocean Service, NOAA, found
good cause to waive notice and public
comment pursuant to 5 U.S.C.
553(b)(3)(B) and make the rule
immediately effective under 5 U.S.C.
553(d)(3), as it would be impracticable
and contrary to the public interest to
delay taking the emergency measure to
protect corals that were relocated due to
heat stress to deeper, cooler waters.
NOAA invited comments for 30 days
(until July 29, 2024) following
publication of the interim final rule. The
interim final rule authorized one 60-day
extension of the special use area, which
we hereby invoke.
FOR FURTHER INFORMATION CONTACT:
Authority: 16 U.S.C. 1431 et seq.
John Armor,
Director, Office of National Marine
Sanctuaries, National Ocean Service,
National Oceanic and Atmospheric
Administration.
[FR Doc. 2024–18844 Filed 8–22–24; 8:45 am]
BILLING CODE 3510–NK–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–0225]
RIN 1625–AA00
Safety Zones; Aerial Drone Displays,
Hudson and East Rivers, New York, NY
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing specific areas of the
Hudson and East Rivers where safety
zones will be enforced on the navigable
waters beneath aerial drone shows. This
action is necessary to protect personnel,
vessels, and the marine environment
from potential hazards created by aerial
drone displays. This final rule would
prohibit persons and vessels from being
in the safety zone unless authorized by
the Captain of the Port Sector New York
or a designated representative.
DATES: This rule is effective September
23, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
SUMMARY:
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If
you have questions about this rule, call
or email MST1 Melanie Hughes, Sector
New York Waterways Management
Division, U.S. Coast Guard; 718–354–
4352, D01-SMB-SecNY-Waterways@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port New York
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
From November 2022 until June 2024,
U.S. Coast Guard Sector New York
received 13 requests for aerial drones
displays within the Captain of The
Port’s (COTP) area of responsibility. Of
those 13 requests, 10 have either taken
place or were planned to take place in
areas above the Hudson and East Rivers.
In all cases, the sponsors of the drone
displays requested safety zones beneath
the drones’ flight path. The request for
safety zones is driven by Federal
Aviation Administration (FAA)
regulation that drones cannot safely fly
over human beings. It is becoming
increasingly more common to hold
aerial drone displays over the water to
reduce the number of occupants
immediately below a drone show. In
response, on May 24, 2024, the Coast
Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zones;
Aerial Drone Displays, Hudson and East
Rivers, New York, NY (89 FR 45803).
There we stated why we issued the
NPRM and invited comments on our
proposed regulatory action related to
this rule. During the comment period
that ended June 24, 2024, we received
three comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
COTP New York has determined the
potential hazards associated with drone
shows to be a safety concern for anyone
directly underneath the flight path of
aerial drone displays. The purpose of
this rule is to ensure the safety of
human life and vessels on the navigable
waters of the Hudson and East Rivers
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]]>Agencies
[Federal Register Volume 89, Number 164 (Friday, August 23, 2024)]
[Rules and Regulations]
[Pages 68100-68102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18844]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 922
Florida Keys National Marine Sanctuary: Establishment of
Temporary Special Use Area for Coral Nursery
AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Extension of temporary special use areas.
-----------------------------------------------------------------------
SUMMARY: On July 27, 2024, the National Oceanic and Atmospheric
Administration (NOAA) issued an interim final rule establishing three
special use areas within Federal waters of the Florida Keys National
Marine Sanctuary (FKNMS) from July 27, 2024 through August 26, 2024.
This notice extends the temporary special use areas an additional 60
days. The special use areas prohibit all entry except for restoration
activities under a valid Office of National Marine Sanctuaries (ONMS)
permit, continuous transit without interruption, and for law
enforcement purposes, from August 26, 2024 to October 25, 2024. This
temporary rule is necessary to prevent or minimize destruction of, loss
of, or injury to sanctuary resources, specifically to facilitate
restoration activities to improve or repair living habitats through
protecting coral nursery stock at this site from potential impacts
caused by anchor damage and/or fishing gear. This extension is
necessary to protect the corals in the temporary special use areas
until water temperatures cool and all of the corals are moved back to
the original in-shore permitted nursery site. This temporary special
use area will expire within 120 days from the date it was established.
DATES: The effective period for the interim final rule, temporary
emergency rule published July 27, 2024, at 89 FR 53483, is extended.
This extension of this rule is effective August 26, 2024 through
October 25, 2024.
ADDRESSES: Sarah Fangman, Superintendent, Florida Keys National Marine
Sanctuary, 33 East Quay Road, Key West, FL 33040, 305-360-2713 phone,
or by email at [email protected].
Additional background materials can be found on the FKNMS website
at https://floridakeys.noaa.gov.
[[Page 68101]]
FOR FURTHER INFORMATION CONTACT: Sarah Fangman, Superintendent, Florida
Keys National Marine Sanctuary, 33 East Quay Road, Key West, FL 33040,
305-360-2713 phone, or by email at [email protected].
SUPPLEMENTARY INFORMATION: On July 27, 2024, NOAA issued an interim
final rule, temporary emergency rule (RIN 0648-BN10) creating three
temporary special use areas for the purpose of coral restoration within
Federal waters of FKNMS for 60 days with the possibility of extending
an additional 60 days following public notice (89 FR 53483). Section 15
CFR 922.164(e) of the FKNMS regulations allows the ONMS Director to set
aside discrete areas of the Sanctuary as special use areas in order to
provide for, among other uses, the restoration of degraded or otherwise
injured sanctuary resources (15 CFR 922.164(e)(1)(i)). A special use
area shall be no larger than the size the ONMS Director deems
reasonably necessary to accomplish the applicable objective. No person
may enter a special use area except to conduct restoration activities
under a valid ONMS permit, continuous transit without interruption, or
law enforcement purposes. Activities that are currently allowed in the
area, including fishing, are prohibited.
These temporary special use areas were established to limit the
potential for physical impact to coral nurseries that were temporarily
relocated to deeper waters to protect the nursery corals from heat
stress caused by the current on-going marine heat wave. Creation of
these temporary special use areas limits the potential for physical
impact to this sensitive coral nursery stock from anchoring,
unintentional fouling of fishing gear, and bottom tending fishing gear
including traps. The ONMS Director determined that the size of 0.07
square miles for each site is no larger than the size reasonably
necessary to protect the coral nursery stock from physical damage. The
original rule established these special use areas for 60 days, until
August 26, 2024, with the possibility of one 60-day extension. NOAA has
determined a 60-day extension is necessary to protect the corals in the
temporary special use areas until water temperatures cool and all of
the corals are moved back to the original in-shore permitted nursery
sites.
NOAA will continue to provide notice of the location of these areas
through sanctuary radio announcements, press releases, and with
assistance from the U.S. Coast Guard and FKNMS staff. NOAA has
requested the U.S. Coast Guard give an additional notification to
vessels, via notice to mariners, to remain in continuous transit
through this temporary area through October 25, 2024.
Justification for Emergency Action and Extension
The establishment of the three temporary special use areas was
taken in accordance with 15 CFR 922.165 of the FKNMS regulations (62 FR
32154, June 12, 1997). Section 922.165 provides that, where necessary
to prevent or minimize the destruction of, loss of, or injury to a
Sanctuary resource, any and all activities are subject to immediate
temporary regulation, including prohibition, for up to 60 days, with
one 60-day extension. This notification is for one 60-day extension to
allow water temperatures to cool and complete the relocation of the
corals from these off-shore temporary special use areas back to the
original in-shore permitted nursery site.
The interim final rule was necessitated by anticipation of a marine
heat wave this summer that would impact and likely kill coral reefs in
the Florida Keys at an unprecedented rate and scale. These conditions
are unsustainable for coral reef ecosystems, and those at most risk are
the coral nursery stock because these are located in shallow, nearshore
protected environments that heat up much more than offshore locations.
There are currently 14 active coral nursery sites throughout the
Florida Keys. These nursery sites are strategically located in close
proximity to the sites where the nursery coral will be outplanted to
promote coral restoration. Active coral restoration in the Florida Keys
is necessary to facilitate coral restoration, as in the last 40 years,
healthy coral cover in the Florida Keys reefs has declined by more than
90 percent.
NOAA and restoration partners identified these three deepwater
locations because they maintain temperatures below the bleaching
threshold, are not exposed to deleterious levels of ultraviolet (UV)
radiation, and experience substantial water movement, all conditions
more conducive to coral survival. A portion of the most valuable
corals, including representative colonies of each species of boulder
and branching corals, samples of elkhorn coral, staghorn coral, star
corals (Orbicella spp.), pillar corals and cactus coral listed under
the Endangered Species Act, as well as multiple representative
genotypes of these corals to ensure we protect the genetic diversity of
these species, were relocated to deeper water sites within FKNMS
Federal waters. Temperature meters at these deep sites have
consistently shown readings below the bleaching threshold of 30.5[deg]
Celsius (C).
This extension of NOAA's emergency action maintains the offshore
temporary special use areas to continue to limit the potential for
physical impact to this sensitive coral nursery stock until
temperatures cool and corals may be relocated back to the original
inshore permitted nursery sites. These sensitive corals are being grown
to support critical sanctuary restoration efforts and could be impacted
from anchoring, unintentional fouling of fishing gear, and bottom
tending fishing gear including traps. The protections afforded by
maintaining these special use areas need to be in place to avoid
further damage to these sensitive nursery corals that have already
experienced impact from heat stress. As such, a 60-day extension of
these special use areas is necessary to prevent or minimize the
destruction of, loss of, or injury to Sanctuary resources.
Emergency Measures
The 60-day extension of this interim final rule continues the
applicability of three special use areas, approximately 0.07 square
miles in size for each site, into which all entry will be prohibited
except for conducting restoration activities under a valid ONMS permit,
continuous transit without interruption, and law enforcement purposes.
These special use areas were created for 60 days from July 27, 2024
until August 26, 2024. This action extends the temporary special use
areas for an additional 60 days, until October 25, 2024.
The coordinates for this temporary special use area are included in
Appendix VI to Subpart P of Part 922 and in the July 27, 2024 Federal
Register (89 FR 53483).
Location and Boundary
Effective from July 27, 2024 through October 25, 2024, all entry
except for conducting restoration activities under a valid ONMS permit,
continuous transit without interruption, and law enforcement purposes
is prohibited within these temporary special use areas. The boundaries
for the special use areas begin at Point 1 in each of the coordinates
in Appendix VI to Subpart P of Part 922 and continue to each subsequent
point in numerical order ending at Point 5. (Coordinates are
unprojected (Geographic) and based on the North American Datum of
1983).
1. Tavernier Special Use Area (Temporary)
The first of these special use areas was created in 2023 with a
final temporary rule (88 FR 60887, September
[[Page 68102]]
6, 2023), and proved to be a very good temporary location for moving
the coral nursery stock given that there was double the survivorship of
nursery coral relocated to this deeper water site as compared to
nursery coral that remained at inshore, shallow sites. It is
approximately five miles southeast of the community of Tavernier, on
the island of Key Largo.
2. Marathon Special Use Area (Temporary)
The second area is located within Federal open waters of the
Atlantic Ocean, approximately four miles offshore from the City of Key
Colony Beach/Marathon.
3. Looe Key Special Use Area (Temporary)
The third area is located within Federal open waters of the
Atlantic Ocean, approximately 6.5 miles offshore from Summerland Key.
Looe Key Special Use Area includes within its boundary one mooring buoy
that is used by private individuals or diving and fishing charter
operators, which is unavailable for these uses while the temporary
special use area restrictions are in place. This is one of 47 total
mooring buoys in the vicinity of Looe Key, representing 2% of the total
mooring buoy availability in this area (or 0.22% of all mooring buoys
available throughout the sanctuary). Currently within this area
anchoring is prohibited on living coral other than hardbottom in water
depths less than 40 feet when visibility is such that the seabed can be
seen (15 CFR 922.163(a)(5)(ii)), and in Looe Key Sanctuary Preservation
Area, anchoring is prohibited if a mooring buoy is available or if
conducted anywhere other than a designated anchoring area when such
areas have been designated and are available (15 CFR
922.164(d)(1)(vi)).
Penalties
Pursuant to 16 U.S.C. 1437(d)(1) and 15 CFR 922.8(a), any person
who violates this rule is subject to a civil penalty. The maximum civil
monetary penalty authorized under the National Marine Sanctuaries Act
(NMSA) has been adjusted for inflation over time and is currently
$216,972 per violation per day. See 15 CFR 6.3(f)(13). Furthermore,
NMSA authorizes a proceeding in rem against any vessel used in
violation of this regulation. See 16 U.S.C. 1437(d)(3).
Classification
A. National Marine Sanctuaries Act
This action is issued pursuant to the National Marine Sanctuaries
Act, 16 U.S.C. 1431 et seq. and implementing regulations at 15 CFR part
922. This action is being taken pursuant to the emergency provision of
the Florida Keys National Marine Sanctuary regulations at 15 CFR
922.164(e) and 922.165.
B. Administrative Procedure Act
In the interim final rule, 89 FR 53483, the Assistant Administrator
of the National Ocean Service, NOAA, found good cause to waive notice
and public comment pursuant to 5 U.S.C. 553(b)(3)(B) and make the rule
immediately effective under 5 U.S.C. 553(d)(3), as it would be
impracticable and contrary to the public interest to delay taking the
emergency measure to protect corals that were relocated due to heat
stress to deeper, cooler waters. NOAA invited comments for 30 days
(until July 29, 2024) following publication of the interim final rule.
The interim final rule authorized one 60-day extension of the special
use area, which we hereby invoke.
Authority: 16 U.S.C. 1431 et seq.
John Armor,
Director, Office of National Marine Sanctuaries, National Ocean
Service, National Oceanic and Atmospheric Administration.
[FR Doc. 2024-18844 Filed 8-22-24; 8:45 am]
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