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Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations
lionfish removals, with restrictions and obligations to properly train divers in effective removal techniques that prioritize coral and ecosystem health. A
detailed description of sanctuary regulations is described in FEIS Table 1.1, Chapter 1, Section 1.4.
31. Comment: NOAA received a comment that suggested the spearfishing community has been excluded from access to the sanctuary.
Response: NOAA solicited public comment to exempt spearfishing in the proposed sanctuary boundary with the release of the NPRM. In response, NOAA received overwhelming support to continue prohibition of this activity.
Please see additional information provided in comment 30. This will restrict access to the sanctuary expansion areas for the spearfishing community.
32. Comment: In response to the DEIS, NOAA received a request seeking a pelagic longline exemption from the otherwise applicable sanctuary fishing prohibitions proposed for the expansion areas. NOAA also received a few similar comments in response to the NPRM.
However, there were also a significant number of NPRM commenters that opposed this exemption.
Response: NOAA considered the request made during the public review of the DEIS for a pelagic longline exemption to the proposed fishing prohibitions in the expansion area. In response, NOAA solicited public comments pertaining to pelagic longline fishing in the NPRM. Based on strong public support to prohibit this activity, NOAA has rejected the request for an exemption for pelagic longlining and, instead, intends to extend the current sanctuary regulations to the expansion areas. Under existing regulations, fishing will only be allowed with conventional hook and line gear i.e., any fishing apparatus operated aboard a vessel and composed of a single line terminated by a combination of sinkers and hooks or lures and spooled upon a reel that may be handor electrically operated, hand-held or mounted.
NOAA believes the expansion of FGBNMS to additional reefs and banks in the northwestern Gulf of Mexico will add critical protection for fish, marine mammals, threatened and endangered species, as well as their habitat. NOAA
determined the existing regulations would best accomplish this protection and fulfill the NMSA obligation to protect nationally significant environmental features.
A detailed description of sanctuary regulations is described in the FEIS
Table 1.1, Chapter 1, Section 1.4. NOAA
has been in consultation with NMFS

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and GMFMC throughout the entire scoping process of sanctuary expansion, please refer to FEIS Chapter 1, Section 1.5.4.2, for additional details on these consultations.
33. Comment: NOAA received a comment requesting its fisheries analysis in the DEIS include more types of fishing gear and data to determine what areas were used by fishers and the value of these areas to those fisheries.
Response: NOAA provided a detailed list of the types of commercial vessel and recreation vessels that operate within the proposed sanctuary boundaries in the DEIS. NOAA has added a new table to the FEIS to include gear types used by commercial fishers that were observed in the vicinity of the Final Preferred Alternative. Please review Section 5.3.9.1 and 5.3.9.2 for a description of the commercial and recreational fishing vessels that operate within the proposed sanctuary boundaries based on permit or gear type. This analysis estimates the number of vessels within the vicinity of the boundaries under each alternative.
34. Comment: NOAA received a comment requesting an analysis of the potential impacts of weights used in bandit reel gear configurations on the benthic habitat and corals, as well as more information on the types of gear used in this type of fishing configuration.
Response: FGBNMS intends to continue investigating impacts of recreational and commercial fishing in the sanctuary, including bandit reel gear, and will address this in more detail during the next management plan review.
35. Comment: NOAA received a comment requesting a comprehensive commercial endorsement and certification program be developed to allow commercial fishers to continue to operate within the proposed boundaries.
Additionally, there was a request to create an exemption for shrimpers in the Royal Red Shrimp industry to continue their historical practices.
Response: NOAA has considered this request, and following consultation with GMFMC pursuant to NMSA section 304a5, decided not to establish a commercial endorsement and certification program or provide an exemption for shrimpers or other fishers in the sanctuary, based on the reduction in size of the new areas. Facilitating commercial fishing in the sanctuary, even through an endorsement and certification process, could make corals and other sensitive bottom habitats vulnerable to injury. NOAA believes that the reduction in boundaries between the 2016 original preferred
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alternative and the Final Preferred Alternative, in addition to allowing conventional hook and line fishing in the expanded sanctuary, facilitates an appropriate balance between environmental protection and user access dictated as mandated by the NMSA. A detailed description of sanctuary regulations is described in FEIS Table 1.1, Chapter 1, Section 1.4.
FEIS Chapter 1, Section 1.5.2 provides additional details on this consultation.
36. Comment: NOAA received a comment that suggested specific language be added for the discharge of natural waste of farmed fish related to open gulf mariculture, stating that fish farming operations outside of sanctuary boundaries may discharge sinking organic material that deposit within the sanctuary with prevailing currents.
Response: NOAA determined this request is outside the scope of this action. While sanctuary regulations do not specifically prohibit aquaculture, some associated activities are prohibited such as discharge of certain material, alteration of the seabed, and injury to sanctuary resources. Furthermore, the suitability of the area for aquaculture is being separately considered under other authorities including E.O. 13921, October 23, 2020; 85 FR 67519.
FGBNMS will further consider aquaculture and its potential impacts during the next management plan review.
Military Uses 37. Comment: A comment related to the Department of the Navys activities within the proposed sanctuary areas suggested to: 1 Include in the FEIS, Department of Defense DoD use of water space in the vicinity of proposed expansion and current sanctuary; 2
provide a map of the Gulf of Mexico warning areas for military use; 3 add military uses to marine-use categories;
and 4 add an analysis of the potential impact to military uses.
Response: Homeland security and military uses of the expanded sanctuary are subject to compliance with NEPA
and NMSA, in addition to all applicable environmental regulations. DoD would be required to consult with ONMS
pursuant to NMSA section 304d on any new military activities in the expansion area that are likely to injure sanctuary resources. NOAA believes the existing regulatory framework sufficiently addresses DoD impacts on sanctuary resources. Existing military uses and an analysis of their environmental effects in the expansion area have been added to Chapter 4, Section 4.4.5 and Chapter 5, Section 5.3.9.7 of the FEIS.

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