Ocean and coastal resource management: Marine sanctuaries— Olympic Coast National Marine Sanctuary, WA; seabird definition,

[Federal Register: August 25, 1998 (Volume 63, Number 164)]

[Proposed Rules]

[Page 45191-45192]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr25au98-12]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket No. 980723191-8191-01]

RIN 0648-AL46

National Marine Sanctuary Program Regulations; Olympic Coast National Marine Sanctuary Regulations; Definition of the Term Seabird

AGENCY: Office of Ocean and Coastal Resource Management (OCRM), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC).

ACTION: Proposed rule; request for comments.

SUMMARY: NOAA is proposing to amend the Olympic Coast National Marine Sanctuary (OCNMS or Sanctuary) regulations by adding a definition for the term seabird. A seabird is proposed to be defined as any member of any species of marine birds that spend part of all of their life cycle (i.e., feeding, resting, migrating, and/or breeding) in or over the Sanctuary. The Sanctuary regulations protect seabirds from takings including harassment, and a definition for the term seabird is needed to clarify that the Sanctuary regulations protect all avian species of the Sanctuary.

DATES: Comments on the proposed rule are invited and will be considered if received by September 24, 1998.

ADDRESSES: All comments should be mailed to: George Galasso, Acting Manager, Olympic Coast National Marine Sanctuary, 138 West 1st Street, Port Angeles, Washington, 98362-2600. All comments received will be available for public inspection at the same address or at the National Marine Sanctuary Program office at 1305 East-West Highway, SSMC4, 11th floor, Silver Spring, Maryland.

FOR FURTHER INFORMATION CONTACT: George Galasso, Acting Manager, Olympic Coast National Marine Sanctuary, 138 West 1st Street, Port Angeles, Washington, 98362-2600; (360) 457-6622.

SUPPLEMENTARY INFORMATION:

1. Background

   The regulations of the OCNMS include a prohibition on ``[t]aking any marine mammal, sea turtle, or seabird in or above the Sanctuary'' (Sec. 922.152(5)). The term seabird is not defined in the regulations. The Final Environmental Impact Statement (FEIS) for the designation and regulations of the OCNMS at pages II-61 through II-65 discusses in detail seabirds, shorebirds, waterfowl, and birds of prey as Sanctuary resources, all under the heading of ``marine birds.'' Further, the regulations for the Sanctuary define ``Sanctuary resource'' expressly to include birds. However, the Sanctuary prohibitions refer only to ``seabirds.'' In order to clarify the regulatory intent that the Sanctuary regulations protect all the avain species of the Sanctuary identified in the FEIS, the proposed rule would amend the Sanctuary regulations to define the term seabird as any member of any species of marine birds that spend part or all of their life cycle (i.e., feeding, resting, migrating, and/or breeding) in or over the Olympic Coast National Marine Sanctuary, including but not limited to alcids, tubenoses (e.g., albatrosses and shearwaters) and gulls; shorebirds (e.g., plovers and sandpipers), waterfowl (e.g., ducks and geese) and birds of prey (e.g., bald eagles and peregrine falcons).

2. Miscellaneous Rulemaking Requirements

   Executive Order 12866: Regulatory Impact

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

   Regulatory Flexibility Act

   The Assistant General Counsel for Legislation and Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this regulatory action, if adopted as proposed, is not expected to have a significant economic impact on a substantial number of small entities as follows:

   The proposed rule would amend the Olympic Coast National Marine Sanctuary (OCNMS or Sanctuary)

   [[Page 45192]]

   regulations to add a definition for the term seabird. The term seabird is used in existing Sanctuary prohibitions against takings (e.g., harassment), however the term is not defined. The Final Environmental Impact Statement (FEIS) for the designation and regulation of the OCNMS at pages II-61 through II-65 discusses in detail seabirds, shorebirds, waterfowl, and birds of prey as Sanctuary resources, all under the heading of ``marine birds.'' Further, the regulations for the Sanctuary define ``Sanctuary resource'' expressly to include birds. In order to clarify the regulatory intent that the Sanctuary regulations protect all the avian species of the Sanctuary identified in the FEIS, the proposed rule would amend the Sanctuary regulations to define the term seabird as any member of any species of marine birds that spend part or all of their life cycle (i.e., feeding, resting, migrating, and/or breeding) in or over the Olympic Coast National Marine Sanctuary.

   The definitional change would have no substantive impact on small businesses. The proposed rule would merely clarify the scope of an existing term, consistent with the FEIS for the Sanctuary, thus providing clear notice of the scope of existing Sanctuary prohibitions.

   Accordingly, an Initial Regulatory Flexibility Analysis is not required by the Regulatory Flexibility Act and was not prepared.

   Paperwork Reduction Act

   This amendment of 15 CFR Part 922 would not impose an information collection requirement subject to review and approval by OMB under the Paperwork Reduction Act of 1980, 44 U.S.C. 3500 et seq.

   National Environmental Policy Act

   NOAA has concluded that this regulatory action does not constitute a major federal action significantly affecting the quality of the human environment. Therefore, preparation of an environmental impact statement is not required.

   List of Subjects in 15 CFR Part 922

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

   (Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary Program)

   Dated: August 14, 1998. Evelyn J. Fields, Acting Deputy Assistant Administrator for Ocean Services and Coastal Zone Management.

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

   PART 922--[AMENDED]

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

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

      Subpart O--Olympic Coast National Marine Sanctuary

   2. Section 922.151 is amended by adding the definition of Seabird in alphabetical order, to read as follows:

      Sec. 922.151 Definitions.

      * * * * *

      Seabird means any member of any species of marine birds that spend part or all of their life cycle (i.e., feeding, resting, migrating, and/or breeding) in or over the Olympic Coast National Marine Sanctuary, including but not limited to alcids, tubenoses (e.g., albatrosses and shearwaters) and gulls; shorebirds (e.g., plovers and sandpipers), waterfowl (e.g., ducks and geese) and birds of prey (e.g., bald eagles and peregrine falcons). * * * * *

      [FR Doc. 98-22555Filed8-24-98; 8:45 am]

      BILLING CODE 3510-08-M