Voglio sapere a riguardo di…

jbell on DSKJLSW7X2PROD with RULES

32746

Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations
decision before a federal district court.
Criminal violations are referred to the U.S. Department of Justice for prosecution.
NOAAs Office of General Counsel does not produce an annual report detailing violations and fines levied.
However, administrative decisions regarding NOAA violations that are decided by an ALJ and/or decided on appeal to the NOAA administrator are published at http www.gc.noaa.gov/
enforce-office6.html.
Under the NMSA 16 U.S.C. 1437f, amounts received from civil penalties must be used by NOAA in the following priority order: First, to manage and improve the sanctuary with respect to which the violation occurred that resulted in the penalty e.g., used to restore any damage to a vessel caused by violating the anchoring restrictions;
second, to pay a reward to a person who furnishes information leading to the civil penalty; or, third, to manage and improve any other national marine sanctuary.
27. Comment: NOAA received a comment asking about the definition of interfering with federal investigations and how NOAA would determine if an action constitutes interference.
Response: The NOAA Office of Law Enforcement, along with state officers where authorized under cooperative enforcement agreements, monitor compliance and investigates potential violations of the NMSA and its regulations. The NMSA specifies the authorities of those officers and agents, which includes general authorities to investigate violations of the statute, regulations, or a permit issued pursuant to the NMSA; seize evidence of violations or sanctuary resources taken in violation of the NMSA; and exercise other lawful authorities as sworn federal law enforcement authorities. Sanctuary regulations would prohibit interfering with these investigations.
Violations of the NMSA are primarily handled as civil administrative matters, pursuant to the Administrative Procedure Act. NOAA assesses civil penalties through the issuance of a NOVA. NOAAs Office of General Counsel assesses civil penalties in accordance with the nature, gravity, and circumstances of a violation. NOAA
General Counsel publishes its penalty policy on its website to provide notice to the public as to how it calculates penalties in any given case and to provide information as to a typical penalty for a given type of violation.
That information can be found at https www.gc.noaa.gov/documents/
Penalty-Policy-CLEAN-June242019.pdf.

VerDate Sep<11>2014

15:58 Jun 22, 2021

Jkt 253001

28. Comment: Several comments indicated that because NOAA has the authority to regulate a wide variety of resources through the National Marine Sanctuaries Act, there is concern that in the future NOAA will expand its authority beyond protecting maritime heritage resources.
Response: Refer to comment 21 above.
29. Comment: NOAA received a comment asking what happens if a modern vessel sinks or wrecks in the sanctuary boundaries. Does the owner of the sunken property get to salvage his/her vessel or does this become a sanctuary resource?
Response: Current salvage rules and regulations would continue to apply within WSCNMS. A recently sunken vessel would not be included in the definition of sanctuary resources which means all prehistoric, historic, archaeological, and cultural sites and artifacts within the sanctuary boundary, including all shipwreck sites.
Additionally, shipwreck site means any historic sunken watercraft, its components, cargo, contents, and associated debris field.
NOAA revised the definition in 922.211a2 for shipwreck site by adding historic to clarify its focus on historic shipwrecks i.e., not all shipwrecks, but those that demonstrate an important role in or relationship with maritime history. This addition specifically responded to concerns about defining recent or contemporary sunken craft or objects as sanctuary resources. For the purposes of the final rule, historic takes its definition from historical resource located in 922.3
of the generally applicable sanctuaries regulations.
30. Comment: Several commenters indicated that shipwrecks are not mentioned in the 1972 Marine Protection, Research, and Sanctuaries Act, so NOAA does not have the authority to designate a shipwreck sanctuary.
Response: The NMSA expressly provides that the Secretary may designate any discrete area of the marine environment as a national marine sanctuary . . . if the area is of special national significance due to its conservation, recreational, ecological, historical, scientific, cultural, archaeological, educational, or esthetic qualities 16 U.S.C. 1431a2.
31. Comment: One commenter requested to know what NOAA means by the term lakebottom associated with underwater cultural resources.
Response: NOAA did not propose any regulation containing the language cited by the commenter.

PO 00000

Frm 00026

Fmt 4700

Sfmt 4700

32. Comment: A few commenters suggested that NOAA should not take away the publics right to use metal detectors.
Response: NOAA is not proposing to prohibit metal detecting in the sanctuary. In addition, the area between the OHWM and the LWD where metal detecting on the beach would likely take place is not included in the sanctuary boundary.
33. Comment: One commenter raised concerns that NOAA would prohibit exploration for and development of minerals or other natural resources in the proposed sanctuary.
Response: NOAA is not proposing to prohibit natural resources exploration and development in the sanctuary. The regulations are narrowly defined to protect underwater cultural resources.
There are no restrictions to natural resources exploration and development as long as these activities do not injure underwater cultural resources or otherwise conflict with regulations specific to WSCNMS.
34. Comment: One commenter asked if the proposed sanctuary could ever be abandoned or decommissioned.
Response: Although the NMSA does not contemplate de-designation of a national marine sanctuary, NOAA
engages closely with the state and public to review and revise its sanctuary management plan every five years. The management plan prioritizes resource management goals and describes actions by NOAA and its partners to accomplish them. The plan encompasses all nonregulatory programmingresearch, resource protection, education, outreach, volunteers, operationsthat protects the cultural resources of the sanctuary while supporting responsible uses and enjoyment. A full management review process may take two to three years and involve several opportunities for public participation through scoping and review and comment on a draft and final plan. The Sanctuary Advisory Council would have a key role in the management plan review process.
35. Comment: A few commenters requested that sanctuary regulations protect natural and biological resources in the Great Lakes ecosystem.
Comments suggested regulations to prevent wastewater discharges, discharge of mercury and other toxic materials, risks from aging infrastructure, spread of invasive species, and other risks to wildlife and habitat.
Response: This is beyond the scope of NOAAs stated need for action, which focused on the protection and interpretation of nationally significant underwater cultural resources.

E:FRFM23JNR1.SGM

23JNR1