Rule2024-18844
Florida Keys National Marine Sanctuary: Establishment of Temporary Special Use Area for Coral Nursery
Primary source
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Published
August 23, 2024
Effective
August 26, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 164 (Friday, August 23, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.
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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 <a href="/cdn-cgi/l/email-protection#0a796b786b62246c6b646d676b644a64656b6b246d657c"><span class="__cf_email__" data-cfemail="c9baa8bba8a1e7afa8a7aea4a8a789a7a6a8a8e7aea6bf">[email protected]</span></a>.
Additional background materials can be found on the FKNMS website
at <a href="https://floridakeys.noaa.gov">https://floridakeys.noaa.gov</a>.
[[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 <a href="/cdn-cgi/l/email-protection#67140615060f49010609000a0609270908060649000811"><span class="__cf_email__" data-cfemail="c7b4a6b5a6afe9a1a6a9a0aaa6a987a9a8a6a6e9a0a8b1">[email protected]</span></a>.
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]
BILLING CODE 3510-NK-P
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