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Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations
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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 permitsapplication 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 J. Terms of Designation Section 304a4 of the 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 304a4 also specifies that the terms of designation may be modified only by the same procedures by which the original designation was made.
NOAA is establishing terms of designation that describe the geographic area, resources, and activities as described above. NOAA is adding the terms of designation language as appendix B to the WSCNMS regulations at 15 CFR part 922, subpart T.
Upon further examination, NOAA has decided to remove Article V., Section 2
from the proposed Terms of Designation. NOAA proposed this provision to incorporate the generally prevailing judicial precedent and regulatory practice that, to the extent two laws appear to conflict e.g., two laws apply to the same activity, the courts or the agencies will attempt to harmonize them to give effect to both laws if possible. See, e.g., Swinomish Indian Tribal Cmty. v. BNSF Ry. Co., 951 F.3d 1142, 1156 9th Cir. 2020.
NOAA has, however, determined that this proposed provision is not a fundamental component of the Terms of Designation e.g., the establishment of the sanctuary or the regulatory scheme finalized herein. In the face of any potential conflicts of federal laws in the waters of the sanctuary, such as where a sanctuary prohibition may interfere with Federal safety laws, NOAA would work with that agency to ensure that the purpose of each law is given fullest effect. The remaining language in that
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section referencing pre-existing authorizations such as a lease, license or permit is found in section 304c of the NMSA, so the removal of the language in the Terms of Designation does not change NOAAs authorities. NOAA will coordinate with the State of Wisconsin regarding any such authorization as specified in 922.212 of these regulations regarding co-management of the site.
IV. Response to Comments During the January 2017 through March 31, 2017, public review comment period, NOAA received 566 written comments on the DEIS/DMP and proposed rule. Approximately 400
people attended four public meetings during the week of March 13, 2017, in the Wisconsin towns of Algoma, Manitowoc, Sheboygan, and Port Washington, with 75 people providing verbal comments. Four petitions were submitted with public comments: One with 163 signatures of individuals supporting the Wisconsin sanctuary proposal exclusively; one with 128
businesses supporting both the Wisconsin and Maryland Mallows Bay National Marine Sanctuary sanctuary proposals; and two petitions with 51
total signatures in opposition to the Wisconsin sanctuary.
For the purposes of managing responses to public comments, NOAA
grouped similar comments by theme.
These themes align with the content of the draft proposed rule that identified the purposes and needs for a national marine sanctuary, and the draft management plan that identified the proposed non-regulatory programs and sanctuary operations. The themes are identified below, followed by NOAAs response.
Positive Impact on Communities Through Tourism, Economic Development, Education, and Research 1. Comment: NOAA received many comments supporting the opportunity for a new sanctuary to promote tourism to coastal communities. Commenters believe that national exposure and increased cooperation among the communities will result in increased numbers of visitors to the region.
Response: NOAA agrees that Wisconsin Shipwreck Coast National Marine Sanctuary WSCNMS would create positive impacts to tourism. The partnerships developed between NOAA, the State of Wisconsin, and the communities during the nomination and designation processes will help in achieving this goal. The WSCNMS final management plan includes a strategy and action plan that supports this goal.

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2. Comment: NOAA received many comments supporting educational opportunities for a sanctuary to work with local museums and school districts to engage people in Wisconsins maritime history and the Great Lakes.
Response: National marine sanctuaries across the system have robust education programs. It is a priority for NOAA to educate and engage people in national marine sanctuaries. The final management plan includes strategies and action plans to develop education programs with state and community partners that will provide a variety of educational experiences. The WSCNMS final management plan includes actions that support this goal.
3. Comment: NOAA received many comments highlighting the opportunity for a new sanctuary to promote Wisconsins maritime heritage.
Response: The sanctuary designation is an opportunity to partner with the State of Wisconsin and communities to tell the many stories of centuries of exploration, travel, and commerce on the Great Lakes. The sanctuary provides a platform to share Wisconsins stories with local, regional, and national audiences. The WSCNMS final management plan includes actions that support this goal.
4. Comment: NOAA received several comments by researchers expressing interest in partnering with the sanctuary on both archaeological and multidisciplinary projects.
Response: Across the nation, national marine sanctuaries partner with researchers to explore, document, and better understand sanctuary resources.
NOAA expects to attract and partner with a variety of researchers in the sanctuary, and the final management plan includes actions that support this goal.
Proposed Sanctuary Boundary 5. Comment: NOAA received many comments from lakeshore landowners expressing concern about the proposal to use the ordinary high water mark OHWM as the sanctuarys western/
shoreline boundary. The key concerns were: 1 That this boundary choice would negatively impact riparian rights of lakeshore property owners; 2 that the proposal would allow public access to areas below the OHWM where riparian owners currently have exclusive access; 3 that using the OHWM as the sanctuarys western boundary would impact property values because the land would change from state to federal ownership; and 4 that, more generally, using the OHWM was seen as federal overreach and would
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