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Federal Register / Vol. 86, No. 193 / Friday, October 8, 2021 / Rules and Regulations fishing community leaders and members to ensure the greatest practicable consideration is given to measures that would minimize or offset concerns about fishing impacts due to the regulations governing the danger zone. The Corps has determined that the establishment of the danger zone would not require any compensatory mitigation, such as the installation of new FADs or the maintenance of existing FADs.
The Corps regulations also require the Corps to consult with the Regional Directors of the U.S. Fish and Wildlife Service and National Marine Fisheries Service regarding potential impacts to the food fishing industry. The Corps Honolulu District sent each agency a letter dated January 18, 2021, requesting comments in relation to the food fishing industry. Neither agency responded to those letters.
Many commenters expressed opposition to the proposed danger zone because it would restrict recreational access to the waters and coastline. One commenter said that the beaches of Ritidian should be open to the public.
A commenter stated that establishing the danger zone would result in beach closures for nine consecutive months.
One commenter said that they visit Ritidian every week and the danger zone would limit their access to the beach to only several days a year. A
number of commenters indicated that the danger zone would restrict access to upland areas, including public and private lands.
The Corps acknowledges that the danger zone will restrict access to navigable waters within the danger zone while training activities are conducted.
However, these restrictions will be intermittent and they are necessary for public safety. The establishment of the danger zone would not deny recreational access to waters and the coast. The danger zone would only restrict recreational access to certain navigable waters for the purposes of safety within the designated areas of the danger zone. Among the ranges within the Mason LFTRC, the Multi-Purpose Machine Gun Range has the largest danger zone Area 1 and is the only one that would preclude access to a portion of the publicly accessible areas of the Ritidian Unit of the Guam National Wildlife Refuge. When other ranges in the Mason LFTRC are in use, the danger zone Area 2 would not restrict access to the publicly accessible portion of the Ritidian Unit of the Guam National Wildlife Refuge. The Navy has an agreement with the Guam National Wildlife Refuge to establish new recreational areas to the west of the
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existing refuge and completely outside of the boundaries of the danger zone.
When completed, this area will ensure public access year-round.
The establishment of the restricted area would not limit public access to the beaches to several days during the year.
The danger zone would allow access several days of each week of the year.
The danger zone would only limit access to waters that are seaward of the mean high water line. The establishment of the danger zone would not restrict access to any upland areas.
Also, the Mason LFTRCs design was the only option that could be completed entirely on federal lands. Therefore, there would be no restrictions to private property as a result of the establishment of the danger zone.
Many commenters expressed concerns about cultural and historic resources impacted by the construction of the firing range. Some commenters stated that the government was taking historic lands and destroying resources.
Other commenters stated that the impacts to historic properties should not be allowed.
The Corps authority is limited to issuing regulations for the establishment of the danger zone, which will not cause any physical alteration of the environment. The establishment of the danger zone will not result in effects to cultural and historic resources. Impacts to cultural and historic resources caused by the construction of the base are separate from the Corps establishment of the danger zone through the rulemaking process. The establishment of the danger zone is an administrative process, and is an undertaking of a type that does not have the potential to cause effects on historic properties, cultural resources, or sacred cultural sites. The danger zone is located entirely in waters of the Pacific Ocean. The establishment of the danger zone involves no construction, structures, or in-water work. The Corps acknowledges that when the range is in use, there will be temporary impacts to access of traditional fishing grounds, and those impacts are discussed above.
A few commenters asked about the efficacy of red flags and lights for notification of an active firing range.
One commenter said that it is not clear how the public would know which range area was active. Another commenter stated that protocols should be in place beyond issuing NTMs to inform boaters and the public about range activities. A few commenters asked how the danger zone would be enforced and if protocols would be in place to ensure boaters do not enter the danger zone during training sessions. A

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couple of commenters expressed concern about how the coastline would be managed to prevent swimmers, fishers, divers, and others from accessing the danger zone during live fire exercises. Commenters also voiced concerns about how the public could notify the Marines if they observed a vessel or person in the danger zone during life firing exercises. Finally, some commenters stated concerns over smaller craft having to travel around the danger zone and having to enter more tumultuous waters to reach fishing areas.
Similar to navigation lights or aids on buoys and approach lighting for airfields, the red lights used for nighttime fire would be visible under all weather conditions that would be conducive to small boat and small arms range operations. The red flag daytime fire method of identifying an active danger zone is currently in use at the Finegayan Range, as well as the Naval Base Guam Known Distance and MultiPurpose Ranges, and has proven to be an effective method of alerting the public of small arms range operation.
The public would be informed as to which area is being used through NTMs, or by viewing the range schedule which will be posted on the MCBCB website.
The public may also contact the hotline for range control to be set up by the Marines. The Marines COMMSTRAT
plan also includes future education and outreach to the public on the danger zone, and will include graphics and posters displayed at strategic locations across the island to better inform the public.
Prior to the activation of any range for live fire training, range inspectors will physically inspect the beach to ensure members of the public are not present near the danger zone. Military personnel will provide oversight and advise the public of danger zone restrictions. Road guards will have radio communications with MCBCB Range Control. The waters of the danger zone will be monitored by radar inside MCBCB Range Control.
MCBCB Range Control will notify the U.S. Coast Guard of the presence of vessels in the danger zone so that the U.S. Coast Guard can take appropriate action. In additional, MCBCB Range Control would notify each range to cease fire until the U.S. Coast Guard removes the vessels or the vessels expeditiously exit the danger zone. The public may notify MCBCB Range Control of vessels entering the danger zone via the hotline that will be established, by contacting MCBCB
directly, or by dialing 911.
The Corps acknowledges that to avoid the active danger zones, vessels may
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