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Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations
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has the opportunity to certify to the Secretary of Commerce that the designation or any of its terms is unacceptable, in which case the designation or the unacceptable term shall not take effect.
The memorandum of agreement between NOAA and the State of Wisconsin will describe the details of co-management. The governor and state agencies will have considerable latitude in shaping the future of the states comanagement framework with NOAA, including the type of regulations that would apply to WSCNMS.
44. Comment: NOAA received a comment asking if NOAA does not ultimately establish a sanctuary, where the factors affecting this decision will be published. Will these factors be made a part of public record for future awareness and decision-making?
Response: Should NOAA decide not to designate a sanctuary, it would publish a notice in the Federal Register to withdraw the proposed rule. The Federal Register notice would describe the reasons for NOAAs decision.
45. Comment: NOAA received a comment asking if it would ever have any accountability to existing state government lake regulations or laws, specifically those of the Wisconsin Department of Natural Resources.
Response: The NMSA gives NOAA
the authority to manage national marine sanctuaries in a manner that complements existing regulatory authority 16 U.S.C. 1431b2. In a comanagement framework with a respective state government, NOAA and the state would work collaboratively on the proposed sanctuary. A
memorandum of agreement between NOAA and the state would ensure that state and federal authorities are harmonized and coordinated. In addition, during the designation process and any future changes to the terms of designation, the governor has the authority to certify as unacceptable all or parts of the designation, which prevents the unacceptable terms from taking effect in state waters 16 U.S.C.
1434b1.
Diver Access, Recreational Anchoring, Mooring Buoys, and Resource Management 46. Comment: NOAA received one comment about the importance of NOAA defining what it means to not be able to anchor in areas associated with a shipwreck.
Response: The definition of shipwreck site in the WSCNMS
regulations at 15 CFR 922.211a2
means any historic sunken watercraft, its components, cargo, contents, and
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associated debris field. Debris fields associated with shipwrecks sites can have significant archaeological value, including the existence of fragile ship structure and artifacts. By associated debris field, NOAA means all cultural material adjacent to a shipwreck site, but not necessarily contiguous with it.
Each shipwreck site is unique, and the resultant debris field forms through a variety of site-specific factors including depth, circumstances of sinking, and other factors. As more data are gathered e.g., through sonar surveys on individual shipwrecks sites and associated debris fields, NOAA will publish information that helps visitors anchor outside of areas that could be damaged.
47. Comment: NOAA received several comments indicating that divers are a small percentage of the population, and questioned why a sanctuary should be established to serve such a small group.
Response: As demonstrated in many sanctuaries, much of the public often benefits from the sanctuary through diving, kayaking, and snorkeling, as well as through museums, interpretive displays, websites, formal and informal educational programs, enhanced tourism opportunities, multidisciplinary research opportunities, and other unique sanctuary-related partnerships and activities. The sanctuarys final management plan outlines priorities in these areas for the first five years of the sanctuarys operation. These priorities substantially expand the public benefit of the sanctuary beyond that of divers.
48. Comment: NOAA received one comment that if NOAA does not install mooring buoys on all shipwrecks, the prohibition on anchoring will be detrimental to public access.
Response: NOAA promotes public access to shipwrecks, and believes this is a fundamental way to increase their cultural and recreational value.
Permanent moorings are an important resource protection measure that eliminates the need to grapple or anchor into the often fragile sites. This priority is described in the final management plan as Strategy RP3.
NOAA recognizes that it will take time to install moorings at all shipwrecks sites, and that some sites particularly deep sites create challenges for ideal mooring systems.
Consequently, NOAA is proposing a two-year delay in the implementation of the no-anchoring prohibition. During this period, the sanctuary will work with the state, Sanctuary Advisory Council, a diver working group, and other relevant stakeholders to develop a moorings implementation plan and best practices document. During the two-

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year delay, NOAA will also consider guidelines for allowing divers to tie moorings directly on certain shipwrecks sites via a no-fee sanctuary permit.
49. Comment: NOAA received one comment that anchoring outside the shipwreck with the shot line method is not practical and it increases the dangers of diving.
Response: NOAA recognizes that anchoring outside the wreck and using a shot line a weighted line with surface buoy dropped onto a shipwreck site to mark its location and provide reference for divers may be a new practice for some users and not possible for all users. NOAA recognizes, too, that it will take time to install sanctuarymaintained moorings see previous comment. Consequently, NOAA is considering allowing users to apply for a sanctuary permit to tie a suitable longterm mooring line directly into some shipwreck sites, which is a common and more familiar practice. Among other resource protection benefits, a no-fee permit would allow the sanctuary to work directly with users to determine which shipwrecks are most popular, and thereby prioritize future sanctuarymaintained permanent moorings located adjacent to the shipwreck.
50. Comment: NOAA received a few comments about who would be in charge of placing mooring buoys, how early in the season buoys would be placed, if there would be online resources outlining the status of shipwrecks as marked or unmarked, and how members of a local community could be involved in buoy management.
Response: As indicated in the final management plan at Strategy RP3
Activity 3.1, NOAA will develop a five-year plan to develop and begin implementation of a plan for design, implementation, and maintenance of mooring buoy system, including priorities for which shipwrecks to buoy.
Activity 3.1 includes an item to work with local dive charters to monitor moorings throughout the dive season.
Overall, while NOAA will have the lead responsibility for the mooring buoys in the sanctuary, it will work in close cooperation with the state and with local partners. With regard to online status, in time WSCNMS will have a GIS-based map similar to that of Thunder Bay National Marine Sanctuary https thunderbay.noaa.gov/
shipwrecks/mooring_program.html.
The online tool shows the seasonal status of mooring buoys at shipwreck sites. As indicated in Comment 47, the sanctuary will convene a working group to explore how best to implement the mooring buoy plan, which includes the potential use of volunteers.

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