Coastal Zone Management: Federal Consistency Appeal by Vieques Marine Laboratories From an Objection by the Commonwealth of Puerto Rico

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

Coastal Zone Management: Federal Consistency Appeal by Vieques

Marine Laboratories From an Objection by the Commonwealth of Puerto

Rico

AGENCY: National Oceanic and Atmospheric Administration, Commerce.

ACTION: Notice of appeal and request for comments.

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Mr. Charles R. Connelly, on behalf of the Vieques Marine

Laboratories, Inc. (Appellant), filed with the Secretary of Commerce

(Secretary) a notice of appeal pursuant to section 307(c)(3)(A) of the

Coastal Zone Management Act of 1972 (CZMA), as amended, 16 U.S.C. 1451

et seq., and the Department of Commerce's implementing regulations, 15

CFR part 930, subpart H. The appeal is taken from an objection by the

Puerto Rico Planning Board (PRPB) to the Appellant's proposal to

develop a mariculture shrimp farm in Puerto Ferro, Vieques, Puerto

Rico. The proposed project site is located in one of the critical

coastal wildlife areas of Puerto Rico. The Appellant has certified that

the project, for which a U.S. Army Corps of Engineers permit must be

obtained, is consistent with Puerto Rico's coastal management program

(CMP).

The CZMA provides that a timely objection by a state, (including

Puerto Rico), precludes any federal agency from issuing licenses or

permits for the activity unless the Secretary finds that the activity

is either ``consistent with the objectives'' of the CZMA (Ground I) or

``necessary in the interest of national security'' (Ground II). Section

307(c)(3)(A). To make such a determination, the Secretary must find

that the proposed project satisfies the requirements of 15 CFR 930.121

or 930.122.

The Appellant requests that the Secretary override the PRPB's

consistency objections based on Grounds I and II. To make the

determination that the proposed activity is ``consistent with the

objectives'' of the CZMA, the Secretary must find that: (1) The

proposed activity furthers one or more of the national objectives or

purposes contained in section 302 or section 303 of the CZMA, (2) the

adverse effects of the proposed activity do not outweigh its

contribution to the national interest, (3) the proposed activity will

not violate the Clean Air Act or the Federal Water Pollution Control

Act, and (4) no reasonable alternative is available that would permit

the activity to be conducted in a manner consistent with Puerto Rico's

CMP. 15 CFR 930.121. To make the determination that the proposed

activity is ``necessary in the interest of national security'' the

Secretary must find that a national defense or other national security

interest would be significantly impaired if the activity is not

permitted to go forward as proposed. 15 CFR 930.122.

Public comments are invited on the findings that the Secretary must

make as set forth in the regulations at 15 CFR 930.121. Comments are

due within 30 days of the publication of this notice and should be sent

to Ms. Pamela B. Lawrence, Attorney-Adviser, Office of the Assistant

General Counsel for Ocean Services, National Oceanic and Atmospheric

Administration, U.S. Department of Commerce, 1305 East-West Highway,

Room 6111, Silver Spring, MD 20910. Copies of comments will also be

forwarded to the Appellant and the PRPB.

All nonconfidential documents submitted in this appeal are

available for public inspection during business hours at the offices of

the PRPB and the Office of the Assistant General Counsel for Ocean

Services.

FOR ADDITIONAL INFORMATION CONTACT:Ms. Pamela B. Lawrence, Attorney-

Adviser, Office of the Assistant General Counsel for Ocean Services,

National Oceanic and Atmospheric Administration, U.S. Department of

Commerce, 1305 East-West Highway, Room 6111, Silver Spring, MD 20910,

(301) 713-2967.

Dated: April 20, 1995.

Terry D. Garcia,

General Counsel.

(Federal Domestic Assistance Catalog No. 11.419 Coastal Zone

Management Program Assistance)

[FR Doc. 95-10335 Filed 4-26-95; 8:45 am]

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