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Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations DEPARTMENT OF COMMERCE

I. Introduction
National Oceanic and Atmospheric Administration
1. Flower Garden Banks National Marine Sanctuary Located in the northwestern Gulf of Mexico, 70 to 115 nautical miles 130 to 213 kilometers off the coasts of Texas and Louisiana, FGBNMS encompasses approximately 56 square miles and includes three separate undersea features: East Flower Garden Bank, West Flower Garden Bank, and Stetson Bank.
The banks range in depth from 55 feet 17 meters to nearly 500 feet 152
meters, and are geological formations created by the movement of ancient salt deposits pushed up through overlying sedimentary layers.
The banks provide a wide range of habitat conditions that support several distinct biological communities, including the northernmost coral reefs in the continental United States and mesophotic coral habitats. These and similar formations throughout the northwestern Gulf of Mexico provide the foundation for essential habitat for numerous marine species, including a variety of fish species of commercial and recreational importance, and several endangered or threatened species, including sea turtles and mobula rays. The combination of location and geology makes the sanctuary an extremely productive and diverse ecosystem.
NOAA issued a final rule to implement the designation of FGBNMS
on December 5, 1991 56 FR 63634.
Congress subsequently passed a law recognizing the designation on January 17, 1992 Pub. L. 102251, Title I, Sec.
101. At that time, the sanctuary consisted of two areas known as East and West Flower Garden Banks 56 FR
63634. Among other things, FGBNMS
regulated a narrow range of activities, established permit and certification procedures, and exempted certain U.S.
Department of Defense DOD activities from the sanctuarys prohibitions 56 FR
63634. Those regulations became effective on January 18, 1994 58 FR
65664. In 1996, Congress added Stetson Bank to the sanctuary Pub. L. 104283.
The boundaries of Stetson Bank and West Flower Garden Bank were later amended to improve administrative efficiencies and increase the precision of all boundary coordinates based on new positioning technology 65 FR
81175, Dec. 22, 2000. FGBNMS
regulations can be found at 15 CFR part 922, subpart L, and the sanctuary management plan may be found on the FGBNMS website.1 As a result of this
15 CFR Part 922
Docket No. 2101070004
RIN 0648BA21

Expansion of Flower Garden Banks National Marine Sanctuary Office of National Marine Sanctuaries ONMS, National Ocean Service NOS, National Oceanic and Atmospheric Administration NOAA, Department of Commerce DOC.
ACTION: Final rule.
AGENCY:

The National Oceanic and Atmospheric Administration NOAA
issues final regulations to implement the expansion of the boundaries of Flower Garden Banks National Marine Sanctuary FGBNMS or sanctuary and revise the sanctuarys terms of designation. The purpose of this action is to expand the sanctuary to include portions of 14 additional reefs and banks in the northwestern Gulf of Mexico, representing approximately a 104 square mile increase in area. With this action, the existing FGBNMS
regulations will apply to the expanded locations.
DATES: Effective Date: Pursuant to section 304b of the National Marine Sanctuaries Act NMSA 16 U.S.C.
1434b, the designation and regulations shall take effect and become final after the close of a review period of forty-five days of continuous session of Congress, beginning on the date on which this document is published. The public can track the days of Congressional session at https
www.congress.gov/days-in-session. After the close of the forty-five days of continuous session of Congress, NOAA
will publish a document announcing the effective date of the final regulations in the Federal Register.
ADDRESSES: Copies of the Final Environmental Impact Statement FEIS
described in this rule and the record of decision ROD are available at https
flowergarden.noaa.gov/management/
sanctuaryexpansion.html.
FOR FURTHER INFORMATION CONTACT:
George P. Schmahl, Superintendent, Flower Garden Banks National Marine Sanctuary, 4700 Avenue U, Building 216, Galveston, Texas 77551, at 409
3560383, or fgbexpansion@noaa.gov.
SUPPLEMENTARY INFORMATION:

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action, FGBNMS is being expanded to a total of 160.4 square miles, with the existing regulations applying to the expansion area.
2. Need for Action The NMSA 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 aesthetic qualities. Day-to-day management of national marine sanctuaries is delegated by the Secretary to ONMS. The primary objective of the NMSA is to protect nationally significant marine resources, including biological features such as coral reefs, and cultural resources, such as historic shipwrecks and archaeological sites.
The mission of FGBNMS is to identify, protect, conserve, and enhance the natural and cultural resources, values, and qualities of the sanctuary and its regional environment for this and future generations.
This action responds to the need to provide comprehensive and coordinated management of, and additional regulatory protection for, sensitive underwater features and marine habitats associated with continental shelf-edge reefs and banks in the northwestern Gulf of Mexico. The current jurisdictional regime divides authority among several governmental entities that regulate offshore energy exploration Bureau of Ocean Energy Management BOEM, fishing Gulf of Mexico Fishery Management Council GMFMC, and water quality Environmental Protection Agency EPA, but does not provide comprehensive and effective management for the full range of activities that impact the sensitive reefs and banks in the region. For example, BOEM has established No Activity Zones NAZs that prohibit anchoring only by vessels engaged in development activities and platform services specific to a particular lease, while anchoring by other vessels remains unregulated.
Further, these anchoring regulations in the NAZs apply only on a lease-by-lease basis. Other vessel ground tackle including anchors, chains, and cables and marine salvage activities were unregulated and have caused significant injury to sensitive biological communities. Sanctuary designation will allow for additional protection of these reefs and banks from other bottom-disturbing activities, which are otherwise unregulated at this time.

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