Florida Keys National Marine Sanctuary; Supplemental Final Regulatory Flexibility Analysis: Commercial Treasure Salvors

Pursuant to the Florida Keys National Marine Sanctuary and Protection Act and the National Marine Sanctuaries Act, NOAA developed a comprehensive final management plan for the Florida Keys National Marine Sanctuary (FKNMS or the Sanctuary). NOAA issued final regulations on January 30, 1997, to implement that plan and govern the conduct of activities within the Sanctuary, and modified them on June 12, 1997. A Final Regulatory Flexibility Analysis (FRFA) was prepared for the final regulations. The FRFA was summarized in the Federal Register document issuing the final Sanctuary regulations (62 FR 4578, January 30, 1997), and its availability announced. The Office of the Chief Counsel for Advocacy of the Small Business Administration (SBA) reviewed the FRFA and received several comments critical of certain portions of the FRFA, mainly with regard to the discussion of submerged cultural resources and the impacts on treasure salvors. The Office of the Chief Counsel for Advocacy informally suggested to NOAA that the portion of the FRFA on treasure salvage be supplemented. Consequently, prior to the effective date of the final Sanctuary regulations (July 1, 1997) NOAA prepared a Supplemental FRFA covering commercial treasure salvage. The Assistant Administrator for Ocean Services and Coastal Zone Management upon reviewing the Supplemental FRFA concluded that it presented no information warranting modifications to the final regulations. Consequently, the Assistant Administrator has ratified the final regulations. This document summarizes and announces the availability of the Supplemental FRFA.