Federal Register - June 23, 2021
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Source: Federal Register
32756
Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations
ii Any indirect, secondary or cumulative effects of the activity.
2 It is necessary to conduct the proposed activity within the national marine sanctuary to achieve its stated purpose.
3 The methods and procedures proposed by the applicant are appropriate to achieve the proposed activitys stated purpose and eliminate, minimize, or mitigate adverse effects on sanctuary resources and qualities as much as possible.
4 The duration of the proposed activity and its effects are no longer than necessary to achieve the activitys stated purpose.
5 The expected end value of the activity to the furtherance of national marine sanctuary goals and purposes outweighs any potential adverse impacts on sanctuary resources and qualities from the conduct of the activity.
6 The applicant is professionally qualified to conduct and complete the proposed activity.
7 The applicant has adequate financial resources available to conduct and complete the proposed activity and terms and conditions of the permit.
8 There are no other factors that would make the issuance of a permit for the activity inappropriate.
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922.216 Certification of preexisting leases, licenses, permits, approvals, other authorizations, or rights to conduct a prohibited activity.
a A person may conduct an activity prohibited by 922.213a1 through 3
if such activity is specifically authorized by a valid Federal, state, or local lease, permit, license, approval, or other authorization, or tribal right of subsistence use or access in existence prior to the effective date of sanctuary designation and within the sanctuary designated area and complies with 922.47 and provided that the holder of the lease, permit, license, approval, or other authorization complies with the requirements of paragraph e of this section.
b In considering whether to make the certifications called for in this section, the Director may seek and consider the views of any other person or entity, within or outside the Federal government, and may hold a public hearing as deemed appropriate.
c The Director may amend, suspend, or revoke any certification made under this section whenever continued operation would otherwise be inconsistent with any terms or conditions of the certification. Any such action shall be forwarded in writing to both the holder of the certified permit,
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license, or other authorization and the issuing agency and shall set forth reasons for the action taken.
d Requests for findings or certifications should be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Sanctuary Superintendent, Wisconsin Shipwreck Coast National Marine Sanctuary, 1305
East-West Hwy., 11th Floor, Silver Spring, MD 20910. A copy of the lease, permit, license, approval, or other authorization must accompany the request.
e For an activity described in paragraph a of this section, the holder of the authorization or right may conduct the activity prohibited by 922.213a1 through 3 provided that:
1 The holder of such authorization or right notifies the Director, in writing, 180 days of the Federal Register document announcing of effective date of the Sanctuary designation, of the existence of such authorization or right and requests certification of such authorization or right;
2 The holder complies with the other provisions of this section; and 3 The holder complies with any terms and conditions on the exercise of such authorization or right imposed as a condition of certification, by the Director, to achieve the purposes for which the Sanctuary was designated.
f The holder of an authorization or right described in paragraph a of this section authorizing an activity prohibited by 922.213 may conduct the activity without being in violation of applicable provisions of 922.213, pending final agency action on his or her certification request, provided the holder is otherwise in compliance with this section.
g The Director may request additional information from the certification requester as he or she deems reasonably necessary to condition appropriately the exercise of the certified authorization or right to achieve the purposes for which the Sanctuary was designated. The Director must receive the information requested within 45 days of the postmark date of the request. The Director may seek the views of any persons on the certification request.
h The Director may amend any certification made under this section whenever additional information becomes available that he/she determines justifies such an amendment.
i Upon completion of review of the authorization or right and information received with respect thereto, the Director shall communicate, in writing,
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any decision on a certification request or any action taken with respect to any certification made under this section, in writing, to both the holder of the certified lease, permit, license, approval, other authorization, or right, and the issuing agency, and shall set forth the reasons for the decision or action taken.
j The holder may appeal any action conditioning, amending, suspending, or revoking any certification in accordance with the procedures set forth in 922.50.
k Any time limit prescribed in or established under this section may be extended by the Director for good cause.
Appendix A to Subpart T of Part 922
Wisconsin Shipwreck Coast Sanctuary Boundary Description and Coordinates of the Lateral Boundary Closures and Excluded Areas Coordinates listed in this appendix are unprojected Geographic and based on the North American Datum of 1983.
TABLE A1COORDINATES FOR
SANCTUARY BOUNDARY
Point_ID
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Latitude 44.35279
43.45716
43.31519
43.31519
43.38447
43.38455
43.38353
43.38588
43.38510
43.38523
43.74858
43.74858
43.74840
43.74778
43.74949
43.74977
43.74935
43.74946
44.09135
44.09147
44.09081
44.09319
44.09254
44.09262
44.14226
44.14214
44.14199
44.13946
44.14021
44.14274
44.14256
44.14267
44.35279
44.35279
Longitude 87.34387
87.48817
87.56312
87.88828
87.86079
87.86062
87.85936
87.85801
87.85950
87.85963
87.69479
87.69457
87.69457
87.69191
87.69161
87.69196
87.69251
87.69265
87.64377
87.64366
87.64206
87.64202
87.64365
87.64373
87.56161
87.56151
87.56181
87.55955
87.55795
87.56023
87.56059
87.56069
87.53255
87.34387
Note: The coordinates in the table above marked with an asterisk are not a part of the sanctuary boundary. These coordinates are landward reference points used to draw a line segment that intersects with the shoreline at the low water datum.
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